Pattaya city hall states using condo pools is against the law

[bronzedude]

The Jurristic person/manager of our condo complex (less than 100 units) called Pattaya City hall and asked if we could open the pool area for swimming and sunbathing. Their reply was that it was against the law for both swimming and sunbathing and that the manager should report anyone using it to the police. It was my understanding that we have a "private pool", one with restricted access and not a public pool which is open to anyone. Is anyone familiar with the law that restricts swimming pool usage? I have a friend at a similar size complex and he states that residents can use their pool "at their own risk." At our pool maybe 2 or 3 people used it on a daily basis, if that and never more than 4 or 5 since most of the owners or residents are from other provinces or stuck away in their respective foreign countries. At this time, we have about 30 to 40 percent daily occupancy. 

[Pilotman]

yet one more reason to have a house (with a pool) and not a condo. living in a standard condo is  like being in Jail.

[hotandsticky]

We are using the pool at our condo.

 

 

One person at a time appears to be the rule........ no problem because only 4 or 5 of us make use of it.

[bronzedude]

The question I asked was "is anyone familiar with the law that restricts swimming pool usage?" Thank you.

[lelapin]

Would a similar rule apply to a communal pool in a village?

[Oldie]

Our pools here in Pattaya are closed too. They are normally used mostly by people staying here as a kind of hotel guests. There are only a few owners using them. I understand the City Hall since the pools are used by many different people and not only by some like in a private house. 

 

Today there will be new announcements about restrictions in Chonburi and Pattaya. Perhaps it is a good idea to wait for them. 

 

 

Edited May 2, 2020 by Oldie

[Postmaster]

Private pools in Villas cost an arm and a leg to build and maintain. Never again I have heard owners cry !

Most Villa estates have acceptable communal pools.  No need for individual private villa pools.  Nice but can be a nightmare. There are some horror finance stories.

[Wuvu2]

The headline should read "Juristic manager says Pattaya city hall states using condo pools is against the law".  Some condo pools in our neighborhood are open, and everything I've researched says it's up to condo "owners" which would mean the juristic committee.  It's of course much less effort to close the pool and reference some unwritten "Law that says so", than to make sure the social distancing rules are followed. 

 

[Guderian]

On 5/2/2020 at 11:39 AM, bronzedude said:

The question I asked was "is anyone familiar with the law that restricts swimming pool usage?" Thank you.

I think you'll find the law as such is simply a part of the decree from the Chonburi governor imposing restrictions on our behaviour, based on the declaration of a national state of emergency by the government. At times like this the authorities can do pretty much whatever they like, as we've seen, and unless it contravenes the constitution then it's all legal. Better to go with the wind than try to sail against it in this case.

[anfh]

So many people here just think that, if city hall or government make a rule or statement, it does not apply to them. Another post on here was trying to Get sympathy for french guy fined for being on the beach.

rules are rules, and if people just obeyed them they would not get into <deleted> !! 

[thailand49]

On 5/1/2020 at 9:39 PM, bronzedude said:

The question I asked was "is anyone familiar with the law that restricts swimming pool usage?" Thank you.

That is what people are trying to tell you indirectly!  It is nice to have a manager that  want to follow the rules laws whatever you want to call it but like everything here no one and I mean no one follows it to the letter the reason some are open and some aren't. 

Your manager open a can of worms now you got to live with it!

Edited May 4, 2020 by thailand49

[stubby52]

it is up to the condo management what is their favorite response "cannot" remember they work for you!!

[stubby52]

The Chonburi Communicable Disease Relation Committee released an order this morning, No. 21/2063, which lists the current businesses that are ordered to remain closed until at least May 31, 2020 or if the Committee releases a new order. All of this information is correct and current as of press time, however, please keep in mind as things change very quickly in this post Covid-19 environment is subject to change-----– Public swimming pools (For condos, speak to your condo management. Some condo’s consider their pools public, some consider them private. This differs based on individual condominium management)

[newnative]

What 'law' is City Hall citing?

 

[Dumbastheycome]

13 minutes ago, newnative said:

What 'law' is City Hall citing?

 

IMO it would be safe to assume that any  declaration  of a "State of Emergency" in  any international  location  infers by reason of  written legislation or even assumed authority under such conditions that direct  or  discretionary authority  to limit  activities deemed to be contradictory to the  purpose  of the original declaration in that it purports to  protect  the mass  of society albeit that such limitations may contradict  individual  rights to freedom of activity that existed  before the imposition of said State of Emergency.

In Thailand the interpretations of such edicts may be frustratingly variable but if based on  discretionary enforcement not so easy  to dispute.

In the US  you  could of course  don body armor  and take your  assault  rifle downtown  to challenge and demand the  right  to  flash  speedos  or  something?

 

 

[Puccini]

57 minutes ago, newnative said:

What 'law' is City Hall citing?

 

An order of the Chonburi Communicable Disease Committee issued under the authority of section 22 the COMMUNICABLE DISEASES ACT B.E. 2558 (2015)

 

Edited May 4, 2020 by Puccini

[Max69xl]

On 5/2/2020 at 11:03 AM, Pilotman said:

yet one more reason to have a house (with a pool) and not a condo. living in a standard condo is  like being in Jail.

That is not correct. If you know how to use internet then you can find rules and regulations regarding condominium pools. If a condo pool is 100% private (only for people staying at the condo) then it's up to condominium management if they want to keep the pool open or not. But there can not be social gatherings. It's a bit like the requirements for restaurants at the moment. That's why several private condo pools are closed, management don't want problems around the pool. It's easier to stay closed. Public pools are not allowed to stay open anywhere in Thailand,and that includes condo pools which in some cases are also public. 

[Pilotman]

9 hours ago, Max69xl said:

That is not correct. If you know how to use internet then you can find rules and regulations regarding condominium pools. If a condo pool is 100% private (only for people staying at the condo) then it's up to condominium management if they want to keep the pool open or not. But there can not be social gatherings. It's a bit like the requirements for restaurants at the moment. That's why several private condo pools are closed, management don't want problems around the pool. It's easier to stay closed. Public pools are not allowed to stay open anywhere in Thailand,and that includes condo pools which in some cases are also public. 

yes, but it is entirely up to me if  and when I use the pool in my house.  Nobody dictates what I do in my space, but me, and perhaps on occasion Mrs P. The 200+ sqm of so of living space helps. 

[jomtienisgood]

On 5/2/2020 at 11:39 AM, bronzedude said:

The question I asked was "is anyone familiar with the law that restricts swimming pool usage?" Thank you.

The Law is on that matter issued per Province. It is stated that the use of swimming pools is up to the Management of the Condos.

[bronzedude]

After waiting for responses, I now know that nobody that posted to my question knows anything about a law governing condo or private swimming pools. It's still mostly conjecture. I really wanted to know so that I could abide by a proper law if it was stated plainly and clearly. I don't mind waiting until all the hysteria and knee jerk reactions by the  powers that be are back to their confusing, non conforming selves that they were before the pandemic. As an expat, I can live with the "this is Thailand" mentality because I can afford my life style here very comfortably. I feel sorry to the common working Thais that are not in the recipient line to the brown envelope trough. My contact is mostly with these non recipient Thai people and I find them decent and worthy of my respect. If and when Thailand reverts to a semblance of its former self I hope that those Thais I know aren't damaged to much by these current powers that be. Question answered and venting finished.

[tlock]

1 hour ago, bronzedude said:

After waiting for responses, I now know that nobody that posted to my question knows anything about a law governing condo or private swimming pools. It's still mostly conjecture. I really wanted to know so that I could abide by a proper law if it was stated plainly and clearly. I don't mind waiting until all the hysteria and knee jerk reactions by the  powers that be are back to their confusing, non conforming selves that they were before the pandemic. As an expat, I can live with the "this is Thailand" mentality because I can afford my life style here very comfortably. I feel sorry to the common working Thais that are not in the recipient line to the brown envelope trough. My contact is mostly with these non recipient Thai people and I find them decent and worthy of my respect. If and when Thailand reverts to a semblance of its former self I hope that those Thais I know aren't damaged to much by these current powers that be. Question answered and venting finished.

speaking of envelopes- I gave my condo juristic person an envelope as thanks for keeping the pool open.

[samtam]

2 hours ago, bronzedude said:

After waiting for responses, I now know that nobody that posted to my question knows anything about a law governing condo or private swimming pools. It's still mostly conjecture. I really wanted to know so that I could abide by a proper law if it was stated plainly and clearly. I don't mind waiting until all the hysteria and knee jerk reactions by the  powers that be are back to their confusing, non conforming selves that they were before the pandemic. As an expat, I can live with the "this is Thailand" mentality because I can afford my life style here very comfortably. I feel sorry to the common working Thais that are not in the recipient line to the brown envelope trough. My contact is mostly with these non recipient Thai people and I find them decent and worthy of my respect. If and when Thailand reverts to a semblance of its former self I hope that those Thais I know aren't damaged to much by these current powers that be. Question answered and venting finished.

This is the problem. There are different rules in different provinces. There is a different application to the rule within the same province, so that if the rule/regulation issued by a provincial authority states "public swimming pools or similar venues", (as it does in Bangkok), then some condos have decided that their pool is not public. They have decided that even though a condominium has multiple families living in it, the common area of a pool is "private", as if the designation somehow provides immunity, as opposed to the actual protocols and numbers of people using the facility.