Use of Common area

[alyx]

Hey everyone 

 

I am looking for the Condominium act segment stipulating that whereas one co-owner is allowed the use of a common area, this latter can also be used the rest of the co-owners.

The case is as follows: one owner has successfully acquired a piece of the common area and is building  a house  (literally) on these grounds. The problem is that the access to this part of the building, leading to the swimming pool and the playground, is normally condemned from 5 Am until 10 PM. The "new" co-owners insists that he will close and open this door himself which is fine but that also means that this particular owner will have the use of these facilities the rest of the 24 hours which is not to the taste of the other owners, as they will be barred from entering.

I am sure to have read in the Condominium Act that it would be illegal to restrict the common area to a certain number of people

Can anyone point out this section ?

 

Thanks ( only constructive answers needed...no"why do you care? or other comments of the kind...)

[treetops]

Would it be constructive to suggest you use one of your previous threads on this subject to discuss it further?  Readers would then have some relevant background data and know what has already been tried.

https://forum.thaivisa.com/topic/1193866-neighbours-dispute-to-happeneventually/

https://forum.thaivisa.com/topic/1196083-neighbours-dispute-in-condominium/

 

[Captain Monday]

Having a hard time visualizing these structural additions.

He acquired part of the common area, such as a hallway, through 20 year legal battle, now this "House" will block access to the pool, what is closed at night anyway but in actual effect he has stolen it as nothing will stop him from using said pool use during these hours? What a horrible situation. 

[CharlieH]

MOVED to REAL ESTATE

[metisdead]

7 hours ago, treetops said:

Would it be constructive to suggest you use one of your previous threads on this subject to discuss it further?  Readers would then have some relevant background data and know what has already been tried.

https://forum.thaivisa.com/topic/1193866-neighbours-dispute-to-happeneventually/

https://forum.thaivisa.com/topic/1196083-neighbours-dispute-in-condominium/

 

 

The old topics have been closed, please continue in this one. 

[inThailand]

By definition condo co-owners together own the common area property and all must have the same rights to use and receive the same services. 

[AlQaholic]

On 3/17/2021 at 9:46 PM, alyx said:

I am sure to have read in the Condominium Act that it would be illegal to restrict the common area to a certain number of people

I am also a committee member in a condominium. I can't fathom how the chairman was able to purchase part of the common area. That can only happen with a vote in an AGM, where the co-owners vote in favor of such a thing. In our condo that would never happen, so I don't understand how the Chairman could convince the majority of co-owners to agree to such a crazy thing. That being said, If the chairman is indeed the lawful owner of the path leading to the pool, this is no longer common area and he has all rights to prevent anyone from using this area for any purpose, unless there is a voted agreement in an AGM that clearly states that co-owners have access to this area in any way and time. 

By the way, the chairman is not allowed to make major modifications of his units without the approval of manager. If the changes are significant and may be a nuisance for other co-owners, it must be brought up in an AGM and voted on. Manager should stop any contractors from entering the building.

For the case where co-owners store stuff in corridors, unfortunately, in practice there is nothing you can do, other than making life difficult for the owner, such as making it difficult to access common area and such. In theory the Condominium act allows for punitive measures, but how do you in practice enact those measures without braking the civil or criminal law?

[AlQaholic]

As for the chairman making the manager leave and putting another management team in place, that can only happen through a vote in the AGM, as is clearly stated in the Condominium Act. The AGM has to vote for the manager or management company. I do not see how the land office could have approved of the AGM agenda with such a blatant violation of the condominium act.

[Fairynuff]

I haven’t read the other threads regarding this situation. I’m just totally gobsmacked that anyone, committee chairman included could actually do this.

[Cake Monster]

2 hours ago, inThailand said:

By definition condo co-owners together own the common area property and all must have the same rights to use and receive the same services. 

This, along with Car Parking Etc Etc will have been clearly defined in the sale agreement.

[newnative]

    How in the World did he gain access to 'common area' in the first place?  True common area should be owned jointly by all the co-owners.  

[fakser]

This Issue is to serious with long term effects, to deal with it based on members opinion.

You must hire a lawyer to take care. Otherwise it will be regret for life.

[Mavideol]

To help you  attached is a copy of the condominium act, hope that helps

Thailand Condominium-Act-2008.pdf

[BobinBKK]

4 hours ago, AlQaholic said:

As for the chairman making the manager leave and putting another management team in place, that can only happen through a vote in the AGM, as is clearly stated in the Condominium Act. The AGM has to vote for the manager or management company. I do not see how the land office could have approved of the AGM agenda with such a blatant violation of the condominium act.

This is just another reason why I would NEVER buy property of ANY KIND in this country!!!

[chilly07]

Even if the chair has acquired through payment of a significant premium payed to the Management Co to the benefit of all co owners that value being set by a significant pc of the completed house (50pc in Thailand)  he is also bound by the same restrictions on the use of the pool. If he can use the pool exclusively as seems his intent then the 50pc valuation should include that of a luxury pool house