Unpaid condo refurbishment fees - obligation after many years?

[Caine]

Pay up Cheap Charlie, what’s the matter with you people the joys of Condo ownership. Of course most Thais don’t pay any contribution 

[jojothai]

16 hours ago, thailand49 said:

Not sure what you are trying to say here!  regardless of the act like majority of the laws in Thailand there isn't any enforcement which is why things are the way they are if you have a rule and no one enforces it then it is useless which is why you are in the situation you are in now.  Since you brought it up the time you were in your condo did you ever see one posted? Sure there are unscrupulous developer the reason it is the buyer or buyer agent to make sure they take the time to obtain the rules for their clients but of course I can tell you first hand very few so call agents in Thailand even has a idea to doing so.

I'm sure you never have attended one nor been involved

I am not the OP. Paying is nothing to do with me.

I provided advice on what the law requires and as I stated ALL the condos I know well post the accounts.

To say there is no enforcement is misleading because many condos do comply.

Many Condos do have a committee voted in and they recommend the juristic person to the coowners.

The juristic person will be accountable if its not done.

The issue i pointed out is that there are still unscrupulous developers who appoint who they want, and then they may not comply with the law. 

From what you say that seems your choice of condos and that's your problem.

There are many condos that are not the same now since the new condo act over 10 years ago.

If you know the problem then don't go buying condos that dont have a transparent management. Its easy to figure out.

Its no good either hiding behind saying there is no enforcement.

Instead of whinging, Go and do something as I have in two condos where i have units.

When I had the same problem with a condo, i found and joined other co-owners in fighting the developer and we eventually took control. The land office did not block us and provided information we required. They backed us taking over the condo through the mechanisms in the new condo law.  These things took a long time and a lot of effort.  We also won legally in court to get outstanding dues from the developer.

Therefore to give the idea that the new condo regulations are not enforceable is simply not true.

Edited May 31, 2020 by jojothai
letter missing

[thailand49]

1 hour ago, jojothai said:

I am not the OP. Paying is nothing to do with me.

I provided advice on what the law requires and as I stated ALL the condos I know well post the accounts.

To say there is no enforcement is misleading because many condos do comply.

Many Condos do have a committee voted in and they recommend the juristic person to the coowners.

The juristic person will be accountable if its not done.

The issue i pointed out is that there are still unscrupulous developers who appoint who they want, and then they may not comply with the law. 

From what you say that seems your choice of condos and that's your problem.

There are many condos that are not the same now since the new condo act over 10 years ago.

If you know the problem then don't go buying condos that dont have a transparent management. Its easy to figure out.

Its no good either hiding behind saying there is no enforcement.

Instead of whinging, Go and do something as I have in two condos where i have units.

When I had the same problem with a condo, i found and joined other co-owners in fighting the developer and we eventually took control. The land office did not block us and provided information we required. They backed us taking over the condo through the mechanisms in the new condo law.  These things took a long time and a lot of effort.  We also won legally in court to get outstanding dues from the developer.

Therefore to give the idea that the new condo regulations are not enforceable is simply not true.

You seem to miss one important thing!  You are talking in GENERAL from you own experience and I'm talking from mines which when it comes to posting I've not seen it as often as you have noted that doesn't mean you are wrong which is the reason when I buy I do everything possible to find what I need to find out and that drive the Condo people crazy. I get as much as I can out of them then decide is it worth buying into it!  I don't need to read further your post just remember you are kind of wasting your time because we both are talking IN GENERAL that really means from your own experience it doesn't mean it is happening in every project you go to the Darkside in Pattaya and I've been to 20 plus and they either are poorly run or abandon where no one pays anything that means no postings!

[smutcakes]

On 5/30/2020 at 9:43 PM, thailand49 said:

Not sure what you are trying to say here!  regardless of the act like majority of the laws in Thailand there isn't any enforcement which is why things are the way they are if you have a rule and no one enforces it then it is useless which is why you are in the situation you are in now.  Since you brought it up the time you were in your condo did you ever see one posted? Sure there are unscrupulous developer the reason it is the buyer or buyer agent to make sure they take the time to obtain the rules for their clients but of course I can tell you first hand very few so call agents in Thailand even has a idea to doing so.

 

How do I know I had a broker license in the States although I didn't do this for a living I did it for family on the side to purchase property and manage it for them. Here in Thailand particularly Pattaya I have purchased a number of condo and the hardest thing is obtaining the rules and books when I mentioned it they just look at me. Most of them most likely your condo in the past did exactly that untrained poorly run and lack to a point of mismanagement which is the reason why I buy into is usually small the larger the condo the larger the problem even in the States in Thailand it is a nightmare. Every meeting I've attended it is a nightmare a condo with 200 owners there are at best 5 attendee I'm sure you never have attended one nor been involved the answer you gave me is the reason why they do what they do and get away with it.  Just pay up!

You must be buying in some pretty downtrodden and/or very old condos. These days you cannot even register as a Condominium without the rules and regulations which are necessary to complete Registration as a Condominium.

 

The vast majority of condos i have known, worked at or looked in over the past 10-12 years have had the financials posted up on the board on a monthly basis.

[thailand49]

6 hours ago, smutcakes said:

You must be buying in some pretty downtrodden and/or very old condos. These days you cannot even register as a Condominium without the rules and regulations which are necessary to complete Registration as a Condominium.

 

The vast majority of condos i have known, worked at or looked in over the past 10-12 years have had the financials posted up on the board on a monthly basis.

Look what I'm looking at isn't the issue here unless you just want to side track the conversation doing so you already lost the the discussion. When you speak of registration that is another issue as to whether they can or not the fact is if there is a law it applies to ALL if not since you are into the law show me only the big fancy high rise which I don't buy into because as I noted the larger the place the larger the problems. This is the same with people the more in a group the more chance of a disagreement and headaches at times you get no where that is from my experience.

 

As to where I buy I don't buy for appreciation which might surprise you or to live in them. I buy in smaller building fix them up and then find a renter who wants a small clean place to live pay a bit below the going rate and wants to stay long term the rent isn't raise and there are tons of rules I put in place and if they agree I rent it to them. I have two down in Jomtien purchased 10-8 years close to getting the second one paid off by the renters.  I personally don't care if the monthly statement is posted or not and the two I own they aren't so if it isn't you view is they are downtrodden that is really up to you. When I brought into these building I didn't get or see everything I wanted but for small and not fancy building I think the attendees have done a pretty good job in watching the place and keeping it clean in the years I've owned I've never been issue a bill for improvements that can't be covered by the yearly dues I paid.

 

Both property are in my Thai wife name to be inherited by my son all this is for them. Even before the virus I've looked at addition units in these two building now I'm just waiting for a fire sale when it comes law or no law you state about posting. As I said the law is meaningless here we have laws about helmets, speeding, drinking and driving there are posting everywhere how is that working out for you!  Cite whatever law you want but it is all meaningless just do your homework and be active that is what the original post is about!

[jojothai]

On 5/31/2020 at 2:57 PM, thailand49 said:

You seem to miss one important thing!  You are talking in GENERAL from you own experience and I'm talking from mines which when it comes to posting I've not seen it as often as you have noted that doesn't mean you are wrong which is the reason when I buy I do everything possible to find what I need to find out and that drive the Condo people crazy. I get as much as I can out of them then decide is it worth buying into it!  I don't need to read further your post just remember you are kind of wasting your time because we both are talking IN GENERAL that really means from your own experience it doesn't mean it is happening in every project you go to the Darkside in Pattaya and I've been to 20 plus and they either are poorly run or abandon where no one pays anything that means no postings!

Its not general when you take several years to takeover a very large condo from rip off developers.

If you read my last post you will understand that i know a lot more about what can be done.

If you are an angry and disgruntled condo buyer then express your opinion but there is no need to slate others for your own problem,

go do something about it as i did instead of slating me for trying to point out the issue in the first place. 

I post on here to advise people of information or issues to assist them, and I pointed out the problems with the unscrupulous developers.

[thailand49]

2 hours ago, jojothai said:

Its not general when you take several years to takeover a very large condo from rip off developers.

If you read my last post you will understand that i know a lot more about what can be done.

If you are an angry and disgruntled condo buyer then express your opinion but there is no need to slate others for your own problem,

go do something about it as i did instead of slating me for trying to point out the issue in the first place. 

I post on here to advise people of information or issues to assist them, and I pointed out the problems with the unscrupulous developers.

I agree with you I really don't see the problem the problem might be as I noted before and it is clear here I can clearly see you know a lot more about what can be done but you fail to understand or accept that I agree on this the reason I stated I go through so many guidelines prior to buying as I noted to you I'm not going to get all I want on my list in the end I need to decide what is more important when buying it isn't and never have been in any of my post to " slate others for their own problems " I stated like you your experience as to mines the problem you don't seem to understand or want to accept it?

 

I understand you point about " unscrupulous developers and the management companies that are paid to manage these properties the reason I run through my check list prior to making a decision in the end if I can only get half of what I want on my list I need to make a decision to buy or walk away this would be for any property I'm not going to throw a slant by saying because I don't see a " posting " as you stated by law therefore I'm buying into a slum of sort as you noted! I fully understand and I use that word a lot here because I think something is missing I agree and it is another on my list as to whether I should buy is knowing whether I have the option of being on the condo board and knowing whether I have a real say in the daily operation or is it just on paper and it is really closed?

 

I understand you are posting here to advise people of information or issues to assist them and to point out the problems " would it surprise you I'm doing the SAME but it doesn't seem to come across in that manner to you? 

[Delight]

  If the money was raised legally -then you had to pay.

Typically a 'Special Assessment ' is agreed at a legally convened general meeting.

If -however-there was no such meeting -and you just received a simple request to pay.

In this circumstance the request for you to pay was illegal.