Problems - Juristic Person Maintenance fees.

[fertilizer]

I have been asked about a case where a married couple have bought a condo and on the Land Office they are registered owning 50% each. In this case the couple (m=farang, f=thai) have gone through a registered divorce  and they still own each 50% each after divorce. The unpaid invoices cover only time after the divorce was registered.

 

The farang left the country after divorce and his new adress is not known. He is not interested in fullfilling any of his ”obligations”. The Thai lady is willing to pay according to her percentage of ownership. The condo has been up for sale since the divorce but no buyer has shown any interest so far.

 

The JP now insists the Thai lady is responsibel for 100 % of the maintenance fee even if she does own only 50 %. The invoices has been issued in the two names ”put together”.

 

Questions:

1.       Is an owner only responsible for his percentage ownership according to what has been registered by Landoffice?

2.       Can the issued invoice be declared not issued legally as two name were put together instead of one invoice sent              to each of them?

[thedemon]

The Land Dept. will not allow transfer of the condo until all the fees have been paid up to date so ultimately the liability is joint and several.

[ExpatOilWorker]

I don't see how this unit can be sold until the missing husband have been located. He still owns 50%.

 

The wife could pay the common fee in full and use the unit, but if the husband's 50% is not paid, the building should disconnect water.

They have no right to disconnect electricity as long as the bill is paid. 

 

Why are you getting involved?

 

[fertilizer]

Replies to my questions appreciated. I am well informed re. other matters and been covered on this forum recently as well.

Edited February 22, 2021 by fertilizer

[Peterw42]

OP, given the circumstances, wouldn't it be a better to just pay all of the bills at this stage, keep receipts etc, then settle up when the property is sold. She wont get far getting bills split 50/50 if they still go unpaid. As far as the Condo juristic is concerned they bill a condo, the ownership structure is irrelevant to them.

 

The Thai lady has bigger problems than half the condo fees, if the foreigner cant be found, the property wont be able to be sold unless both parties are involved. 

[2 is 1]

1 minute ago, fertilizer said:

You missed the questions. 

Number 1. Dosent matter, bill have to pay or dont need use water etc.

Number 2. Dosent matter , bill have to pay or dont need use water etc.

 

Ok normaly owner pay, but i know many situation when have take electricity meter away coz bill not paid (have had deal that people who have rent place pay bill). 

Whos name in "blue" book is responsible in normal situation, i dont know how in condo!

[fertilizer]

9 minutes ago, Peterw42 said:

OP, given the circumstances, wouldn't it be a better to just pay all of the bills at this stage, keep receipts etc, then settle up when the property is sold. She wont get far getting bills split 50/50 if they still go unpaid. As far as the Condo juristic is concerned they bill a condo, the ownership structure is irrelevant to them.

 

The Thai lady has bigger problems than half the condo fees, if the foreigner cant be found, the property wont be able to be sold unless both parties are involved. 

All paper for sale are in order (POA etc.)so not a problem to register a sale at LO. All maintenance fees has to be paid before. In this case it will be taken to court before I assume. Thai lady is prepared to pay maintenance only for her 50% which to me is understandable. Water or electricity can not be cut off in this case.

Edited February 22, 2021 by fertilizer

[tomazbodner]

Can't sell without that debt paid as at land office they request (at least did in my case) no-debt statement from the juristic office before they would allow the transfer. So one way or another she'll have to pay the outstanding amount.

[AlfHuy]

25 minutes ago, ExpatOilWorker said:

I don't see how this unit can be sold until the missing husband have been located. He still owns 50%.

 

The wife could pay the common fee in full and use the unit, but if the husband's 50% is not paid, the building should disconnect water.

They have no right to disconnect electricity as long as the bill is paid. 

 

Why are you getting involved?

 

He probably is the "new" one in charge.

[fertilizer]

1 minute ago, AlfHuy said:

He probably is the "new" one in charge.

You are completely wrong! Pretty cheap posting  AlfHuy!

[AlfHuy]

Just now, fertilizer said:

You are completely wrong! Pretty cheap posting  AlfHuy!

than don't get involved. Has nothing to do with you.

[Peterw42]

3 minutes ago, fertilizer said:

All paper for sale are in order (POA etc.)so not a problem to register a sale at LO. All maintenance fees has to be paid before. In this case it will be taken to court before I assume. Thai lady is prepared to pay maintenance only for her 50% which to me is understandable. Water or electricity can not be cut off in this case.

In that case, whoever holds the power of attorney would pay outstanding fees/reimbursements etc, from their half of the settlement.

In the meantime, the "whole" bill will need to be paid. It simply woild not be possible to split bills up or split liability etc

Think of it in terms of two friend buy a property, the bills dont get split into separate bills for each owner. The electric company doesnt send a bill to each owner.

 

[aldriglikvid]

Received this question several times when I worked in banking/finance. Your friend is 100% liable here. (She can always keep the receipts). 

[CharlieH]

Not a subject for the General forum.

 

MOVED to Real Estate

[Kwasaki]

She needs a property expert lawyer and if she keeps up the costs of the condo and it will become her property eventually.

 

[aldriglikvid]

As 99% of the posters before me said: liabilities are joint. 

[Delight]

The fact of the divorce is irrelevant in this circumstance.

 

The simple fact is the fees have not been 100% paid and the Thai lady is making up her own rules.

 

 With respect to inheritance -if -in more normal circumstances-one of the parties were to die -then then remaining party will own 100% of the apartment. This I read.

This  outcome will probably explain why the JPM insists that the Thai lady is responsible for 100% of the fees.

 

She or she /he have to pay 100%. 

 

The whole situation relating to joint ownership of an apartment in a condo is not clear to me.

So for example if the apartment is 100 SqM. and the apartment is jointly owned Foreigner /Thai  is it a simple case of 50 SqM to each allocation -Thai /Foreigner?

 

I digress.

 

I am convinced that the Thai lady has to pay 100% of all apartment related fees.

 

In the building where I live -in such circumstances -the electricity will be cut. It is illegal to cut off the water supply(overriding laws apply)

If  a co -owner  were to try to re-instate the electric power -then he/she would be in breach of criminal law. A matter for the police -in the extreme case.

 

 

 

[jomtienisgood]

On 2/22/2021 at 6:25 PM, Peterw42 said:

OP, given the circumstances, wouldn't it be a better to just pay all of the bills at this stage, keep receipts etc, then settle up when the property is sold. She wont get far getting bills split 50/50 if they still go unpaid. As far as the Condo juristic is concerned they bill a condo, the ownership structure is irrelevant to them.

 

The Thai lady has bigger problems than half the condo fees, if the foreigner cant be found, the property wont be able to be sold unless both parties are involved. 

I tend to agree completely with you, the more since not any potential buyer has shown up..... 

[jomtienisgood]

23 hours ago, Delight said:

The fact of the divorce is irrelevant in this circumstance.

 

The simple fact is the fees have not been 100% paid and the Thai lady is making up her own rules.

 

 With respect to inheritance -if -in more normal circumstances-one of the parties were to die -then then remaining party will own 100% of the apartment. This I read.

This  outcome will probably explain why the JPM insists that the Thai lady is responsible for 100% of the fees.

 

She or she /he have to pay 100%. 

 

The whole situation relating to joint ownership of an apartment in a condo is not clear to me.

So for example if the apartment is 100 SqM. and the apartment is jointly owned Foreigner /Thai  is it a simple case of 50 SqM to each allocation -Thai /Foreigner?

 

I digress.

 

I am convinced that the Thai lady has to pay 100% of all apartment related fees.

 

In the building where I live -in such circumstances -the electricity will be cut. It is illegal to cut off the water supply(overriding laws apply)

If  a co -owner  were to try to re-instate the electric power -then he/she would be in breach of criminal law. A matter for the police -in the extreme case.

 

 

 

n the building where I live -in such circumstances -the electricity will be cut. It is illegal to cut off the water supply(overriding laws apply)

If  a co -owner  were to try to re-instate the electric power -then he/she would be in breach of criminal law. A matter for the police -in the extreme case.          That depends on the condo. Some owners pay directly to PEA.... Water can be disconnected.....

[Delight]

 Further thoughts on this issue:

 

I suspect that who ever /whatever is named on the actual bill -has to pay.

 

The options being:

 

A The male foreigner

B  The female Thai 

C Both

D  Company name

 

 So -OP -can you specify the name on the bill?

 

 

[Delight]

1 hour ago, Delight said:

 Further thoughts on this issue:

 

I suspect that who ever /whatever is named on the actual bill -has to pay.

 

The options being:

 

A The male foreigner

B  The female Thai 

C Both

D  Company name

 

 So -OP -can you specify the name on the bill?

 

 

Apologise -just re-read your OP. Both names on the bill.