Neighbours dispute (to happen...eventually)

[alyx]

Good day everyone.

 

I am member on the committee of a building located in Bangkok.

We are 5, all new, members elected a few months ago.  The Chairman is the latest co-owner.

Let me explain a few things: 

The Chairman bought a third of the communal area located by the swimming pool, on the 8th floor of 22, which is an open area. As aberrant as it sounds he was successful in buying it 20 years ago ( I guess through a bank ), went to trial for twenty years and...well he is a lawful owner. I have no problems with that.

My concern is that the guy is planning to build his (big) condo with his living room facing the swimming pool as well as hold the key of the main door leading to the whole floor, closing it at 10 PM.

I am upset about him having his living  room, which wall will be a glass one, invading the privacy of the swimmers and the people who want to relax (and vice-versa). Also about the fact that after 10 PM the guys can enjoy the whole floor as his own. It is even better than having a rooftop with its own swimming pool, gym and Finnish sauna.

 

As much as I agree he is legally entitled to his property and enjoy it  , I am determined not to let him infringe the rights of the other co-owners.

 

One of them, in a private conversation with him,  suggested to build a wall as a separation but the Chairman was quick at saying that it was illegal to do so. 

 

I doubt it but can anyone with a legal background second, or not, his claim or does anyone have any suggestion about how to deal with the situation in order to be far to everyone ?

 

Kindly note that the Chairman managed to have the former manager of the building leave his position and put his team in place (as in he suggested a company with which he is very close to and they are, obviously, quite grateful) 

 

From my personal point of view as a committee member, and some other go-owner, the guy has taken over. I did successfully limit his power and forced him to work in total transparency after a tense extraordinary meeting that I asked.

 

Thank you all 

[DaLa]

Sorry, couldn't hope to help you even in my own country. Too many unknowns in this. Any advice you get here could easily be wrong without studying all the details. I've had problems in the UK over property disputes and no one can guarantee either side will win. Either way you're looking at investing a lot of time and money and more importantly your life into this with possibly a bad outcome.  

 

Your only sensible route would be to get as many others on your side and try to leverage your position from that point.

[Kwasaki]

You need a talk with a lawyer waste of time asking here, unless someone here knows of a Thai lawyer who could deal deal with your situation. 

[FritsSikkink]

"Invading the privacy of the swimmers"  What privacy, it is a communal pool. 

Closing it at 10 PM can be talked about but you sound very jealous and looking for problems.

[2long]

I totally understand the OP here, in that it's simply unfair if this guy has a private pool after 10pm. But if the pool is closed to him and everyone after 10pm, then no issue.

As for privacy, unless he has two-way glass and can sit there looking at swimmers while touching himself inappropriately, I feel that the invasion of privacy is the other way around. I wouldn't want to sit in my living room in view of random swimmers and kids. More information is needed to give a fair answer or opinion.

[alyx]

3 hours ago, DaLa said:

Sorry, couldn't hope to help you even in my own country. Too many unknowns in this. Any advice you get here could easily be wrong without studying all the details. I've had problems in the UK over property disputes and no one can guarantee either side will win. Either way you're looking at investing a lot of time and money and more importantly your life into this with possibly a bad outcome.  

 

Your only sensible route would be to get as many others on your side and try to leverage your position from that point.

You are correct: regarding the money side, that would be the building but I am not considering legal action (I am not the type) but find a fair solution (which is to me: a wall)  

As for the regulations, they are not as straightforward as, let's say in Europe. ( no one could have bought this in Europe though )

Thank you for taking the time to post.

[alyx]

3 hours ago, FritsSikkink said:

"Invading the privacy of the swimmers"  What privacy, it is a communal pool. 

Closing it at 10 PM can be talked about but you sound very jealous and looking for problems.

Let's take an example: I am leisurely lying down next to y partner holding hands and talking while my neighbour is taking a coffee at his table watching the scene ( not engaging in anything reprehensible which might spring to mind: so no reply such as: do it at home ) or I want to sit by the pool staring at this particular neighbour. This is not a hotel. It is a condominium. Jealousy ? 555 no. I can be called anything but  not that (nor envious). 

By the way, there are 150 + owners in the building of which 99% are taking the same stance as I do. That would make a lot of jealous people (not impossible, mind you )

[alyx]

1 hour ago, 2long said:

I totally understand the OP here, in that it's simply unfair if this guy has a private pool after 10pm. But if the pool is closed to him and everyone after 10pm, then no issue.

As for privacy, unless he has two-way glass and can sit there looking at swimmers while touching himself inappropriately, I feel that the invasion of privacy is the other way around. I wouldn't want to sit in my living room in view of random swimmers and kids. More information is needed to give a fair answer or opinion.

This is why I added vice versa. But all this is not about how one feels about it but how to circumvent the situation. In short, are you aware if a wall would be illegal ?

[Lacessit]

What does it matter if the guy has the pool to himself after 10 pm, or before it opens? Unless this condo is given to midnight parties at poolside, I don't understand what the problem is.

Privacy is a two-way street, I would not want swimmers looking in on my living space. I would have curtains.

Sounds to me like two bulls in a paddock.

[alyx]

14 hours ago, Lacessit said:

What does it matter if the guy has the pool to himself after 10 pm, or before it opens? Unless this condo is given to midnight parties at poolside, I don't understand what the problem is.

Privacy is a two-way street, I would not want swimmers looking in on my living space. I would have curtains.

Sounds to me like two bulls in a paddock.

Thank you for your comment but that is not my question and I am definitely not looking for what one feels about it.

 

 

[alyx]

In any case I have contacted a lawyer for advice 

 

Thanks to all 

[alyx]

Just now, alyx said:

In any case I have contacted a lawyer for advice 

 

Thanks to all 

I will keep you posted 

[Surelynot]

Absolutely no help whatsoever but..............never, ever buy in Thailand......only ever rent!!

[JeffersLos]

My old condo had about 100 balconies looking down on the communal pool. 

 

I don't understand the privacy issue. It's a communal pool in a condominium building and you want to use it with no one able to see you?

 

And it closes to you at 10pm. How does anything happening there after that time effect you?

 

It sounds like you've created some ego battle with this guy in your head.

 

Let it go, move on.

[Oldie]

The pools of at my condo complex are surrounded by condos. Everybody there can look at the pools. Something like this you have very often. This is nothing special. 

[FritsSikkink]

16 hours ago, alyx said:

Let's take an example: I am leisurely lying down next to y partner holding hands and talking while my neighbour is taking a coffee at his table watching the scene ( not engaging in anything reprehensible which might spring to mind: so no reply such as: do it at home ) or I want to sit by the pool staring at this particular neighbour. This is not a hotel. It is a condominium. Jealousy ? 555 no. I can be called anything but  not that (nor envious). 

By the way, there are 150 + owners in the building of which 99% are taking the same stance as I do. That would make a lot of jealous people (not impossible, mind you )

What is the difference when somebody is looking from the other side of the pool and him in his house? Complete nonsense argument , you are in a communal area. A lot of people are jealous or envious.

[FritsSikkink]

16 hours ago, alyx said:

You are correct: regarding the money side, that would be the building but I am not considering legal action (I am not the type) but find a fair solution (which is to me: a wall)  

As for the regulations, they are not as straightforward as, let's say in Europe. ( no one could have bought this in Europe though )

Thank you for taking the time to post.

How is a wall a fair solution, you want to stop his view on the pool and haven't given a proper reason for it yet.

[alyx]

Maybe you missed the point where the space he bought and owns legally after 20 years of legal battle with the building is....part of the communal area.

As I said, I am on the committee and the vast majority of the co-owners, not to say all of them, are against that. Therefore I am representing their voices.

Of course, you are all correct but, that is not the point, I am not looking for your stance over the request but a reply to my question 

[alyx]

1 minute ago, FritsSikkink said:

How is a wall a fair solution, you want to stop his view on the pool and haven't given a proper reason for it yet.

Read above 

 

[FritsSikkink]

7 minutes ago, alyx said:

Maybe you missed the point where the space he bought and owns legally after 20 years of legal battle with the building is....part of the communal area.

As I said, I am on the committee and the vast majority of the co-owners, not to say all of them, are against that. Therefore I am representing their voices.

Of course, you are all correct but, that is not the point, I am not looking for your stance over the request but a reply to my question 

Tell them not to be jealous envious people and get a life.

[jackdd]

25 minutes ago, alyx said:

Maybe you missed the point where the space he bought and owns legally after 20 years of legal battle with the building is....part of the communal area.

So according to the court it's now actually his property and not part of the communal area, correct?

And now you want to build a wall in front of his windows to block his view? If i look out of my window i see the pool, so do about half of the other tenants in this condo here, how is this a problem?

The 8th floor is the swimming pool and his condo, no other residential units on this floor?

[alyx]

2 hours ago, jackdd said:

So according to the court it's now actually his property and not part of the communal area, correct?

And now you want to build a wall in front of his windows to block his view? If i look out of my window i see the pool, so do about half of the other tenants in this condo here, how is this a problem?

The 8th floor is the swimming pool and his condo, no other residential units on this floor?

 

2 hours ago, FritsSikkink said:

Tell them not to be jealous envious people and get a life.

555 right 

 

[alyx]

2 hours ago, jackdd said:

So according to the court it's now actually his property and not part of the communal area, correct?

And now you want to build a wall in front of his windows to block his view? If i look out of my window i see the pool, so do about half of the other tenants in this condo here, how is this a problem?

The 8th floor is the swimming pool and his condo, no other residential units on this floor?

The communal area is separated from the units ....usually and yes, here is only this owner's unit on the floor ...now

[whaleboneman]

Just a question. He's planning on building a big condo on the 8th floor of a building? Would he be using blocks and concrete or traditional teak?

And if 99% of the residents are against his plans, surely they can interfere with them.

[Andy from Kent]

22 hours ago, JeffersLos said:

It's a communal pool in a condominium building and you want to use it with no one able to see you?

 

 

Is that really what he said?

[JBChiangRai]

Fit CCTV and enforce 10pm closing rule or open it for everyone.  Tell security they will get a bonus if they see anyone in the pool after 10pm

[JBChiangRai]

Bear in mind, no changes to the external appearance of the building are permitted. If his new window is effectively an exterior (ie on view from other buildings), then you can complain to the land office.

[alyx]

40 minutes ago, JBChiangRai said:

Fit CCTV and enforce 10pm closing rule or open it for everyone.  Tell security they will get a bonus if they see anyone in the pool after 10pm

Thanks. The problem now is that the lockable door , which is closed every day at 10 PM, gives access to the whole floor and the new owner declared that he will lock the door himself. That bothers the co-owners but it can be decided otherwise by the committee which brings another matter: Closing the area at 10 PM means that, if this owner does not have the key "to the communal area" he will be stuck inside or outside his room which is, by all means, not acceptable.

I am also answering your second remark: I beg to differ as modification can be done if approved by at least 50% of the total votes of the owner.

I may have be blunt when I mentioned the construction of the wall, of course one cannot appreciate the area I am referring to, but it is simply a matter of separating the communal area from the private area, which in my mind does make sense as his condominium (yet to be built) faces the main entrance of the communal area.

But not arguing about that as everyone feel differently when it comes to one's right ???? 

[Stevemercer]

Can you compromise over the 'wall'. For example, he could built a fence that is maybe 2 m tall (this might be needed anyway if there will be young children living there) and of a type that limits viewing either way.

 

Another compromise might be on the opening and closing hours (e.g 10:30 pm).

 

I think your only hope is to extract as many compromises/concessions from this person as possible.

[alyx]

24 minutes ago, Stevemercer said:

Can you compromise over the 'wall'. For example, he could built a fence that is maybe 2 m tall (this might be needed anyway if there will be young children living there) and of a type that limits viewing either way.

 

Another compromise might be on the opening and closing hours (e.g 10:30 pm).

 

I think your only hope is to extract as many compromises/concessions from this person as possible.

Thank you for the sound advice: I agree that everyone should compromise as I am against any lawsuit.

That being said, a beginning of answer to my question, lies in the following section of the Condominium act:

Section 48. Special Resolutions Requiring Majority of Total Votes

A resolution on the following matters must have the votes of not less than a half of the total votes of the joint owners:

 

4. An alteration on or a change in the Bylaws relating to the use or management of the common property,

 

6. A construction deemed to be a change in, addition to or modification on the common property,