Something to consider next time you change condo. Get a written statement from office 

On 9/23/2020 at 11:17 AM, ThailandRyan said:

I was not so gently told I needed to move my Bike out of a car stall and into the motorbike parking, I have the same issue with my XMax 300 being almost twice the size of a regular scooter.  I talked to the juristic manager, and Bikes are to be parked with Bikes, and Cars with cars.  Even if it was a fully dressed Harley I would need to squeeze it into the small motorbike parking Area, just more stupidity. 

Indeed it is. Unfortunately this type of beaucratic stupidity and stubbornness is not limited to Thailand. I've encountered it often in America as well.

 

I've not been in all of the over 100 countries on this planet but would be willing to wager it can be found in those ranks in every one of them.

 

Bureaucrats are a special breed of humans that reproduce at an alarming rate. A defect in the 'petty power' gene? Perhaps at least one argument for eugenics. 

 

Timely question..

 

I recently got shunted out of an alcove area in the car parking area (not big enough for a car) after parking there for several years. Management got quite annoyed when I questioned this.. Somebody had made a big fuss.

 

Here is where it gets interesting..

 

I own 2 units conjoined, so not a renter. I'm also a past Chairman of the Co-Owners Committee. (that did not seem to help). But as a consequence, I have copies of the Condominium Act 2008 and also "Articles of Association and Rules and Regulations", which is a template document and exactly the same for every Condominium in Thailand.. The only differences are the bylaws adopted by a particular Condominium. My Condo has adopted no bylaws (which must be vetted for legality by the Land Office officials)

 

The Condo Act does not even mention parking, so can be ignored. The AARR only mentions parking to say that each unit shall receive 2 parking stickers, regardless of how many actual spaces there are attached. Nothing about dividing areas into car and motorbike. What it does say is this..

Article 40 sub 4 Adjusting the regulations about use and management of common areas

Article 40 sub 6 Construction that will change, add or improve the common areas (After I complained about having to move my bike they chained off the alcove)

Article 40 sub 7 Making use of common Areas

All three ( and others) require the approval of no less than 51% of the total votes of the entire Condominium. Not 51% of the attendees of an AGM.

I can pretty much guarantee that this has not taken place. This is because it relates to fundamental issues of ownership and use of property in which co-owners have an ownership stake.

 

I confirmed this reasoning in a free initial consultation (555 get what you pay for) with a lawyer.

 

His advise.. 1. negotiate or 2. Send legal notice to respect my ownership rights as per AARR ($). or lastly  3. Sue the Juristic for redress.. ($$$)

 

Of course there is option 4. Live with it

 

I'm still deciding what to do..