Condominium fitness centers

[Skeety65]

As a committee we are currently looking into installing a fitness center where our pool restaurant used to be as its not been in use since the onset of Covid and there’s very little chance of third parties wanting to rent it out for the foreseeable future due to the current climate. 

 

So, we have a massive area with so much potential just sitting there wasted so a few members of the committee suggested developing the area into a modern fitness center.

‘Doing this would only involve taking away a few mental railings, bricking this area up and adding some windows and a door so we would have an inside concealed unit which would help prevent any possible outside noise. 
So there won’t be any real major structural change to the building so it will still look more or less the same except for some extras windows and a door and of course some fitness equipment inside.

 

Some of us believe this would be a massive asset to our building and make it a much more desirable place to live in however the other half are worried about the legal situation. They believe we would be breaking condominium rules but as we aren’t actually making any large structural changes or building any new buildings we don’t believe we’d be doing anything wrong.

 

‘’we do have a legal team however I rather throw this question out to our expat community first to get some feedback before going down that road. 

 

So, My question is really directed to anyone who’s had any experience with condominiums committees or someone who knows about these matters.

 

Any replies would be much apprenticed 
 

cheers 

 

[Yellowtail]

I think the only legal issue would be the liability in the fitness center.

 

Who's going to pay for it? I assume the restaurant historically generated some revenue. 

[WhiteBuffaloATM]

no legal impediment whatsoever in this case.

half your committee seem nervous / timid, frightened of their own shadows.......

internal changes only so no reason for outside complaint.

simple repurposing of part of an existing registered building

no height changes or perimeter violations.

your legal consultant should be immediately confirming this.... max one hour legal work.

 

our complex had supplemental ground floor apartments added and top floor roof / utility room fully developed, two floor registed building plan became actual four floor villas.

that was 13 years ago. no complaints yet, legal or other.......

[Skeety65]

Thanks for both replies 

 

yes the restaurant was rented by a third party but unfortunately they were losing money so called it a day and no one in their right mind is going to take on another contract in the current climate.

 

absolutely agree, half of the committee are very nervous from a legal aspect and are using this as excuse not to proceed with this project when in fact we don’t believe we are breaking any condo rules by trying to improve the building. 

 

‘’those of us who want to make these changes are looking at the bigger picture and can see that by adding a fitness center it would not only save our co owners money and improve their quality of life it would also make our condo more desirable. Also what an asset it would be to our building.

 

with so many new condominiums already built and new ones being constructed all the time we feel it’s essential we modernize to protect all our investments.

 

all new condos have very nice communal areas and fitness centers so to stay relevant in very challenging times we have to move forward and update our facilities. 

 

‘’cheers 

 

[bkk6060]

Sounds like a great idea.  I guess who is going to make decisions on the what equipment to get, who is going to maintain it, and I assume some liability insurance would be necessary.

 

Good luck if you had a good plan, funding, and the right equipment it could be great.

[Peterw42]

OP, there are probably a lot of people in your block who would prefer a restaurant over a gym.

Have you asked the question of the owners ?

To say the restaurant was loosing money during covid is a pretty weak argument, I imagine all restaurants in condo blocks have been struggling. And you want to replace it with a gym that costs money.

At the end of the day you can change/build on common property but its not yours (or the committees) decision to make, any changes to common property requires a vote/approval from a majority of the owners at a meeting etc. Not just a majority of who attends the meeting, for major changes a majority of over 50% of the owners need to attend a meeting and vote 

I think you need to step back from your grand plans and put it to the owners.

I have watched the restaurant in my block close down during covid but its recently re-opened with a reduced rent etc and is starting to do really well. You may have to give free rent for a period to get the restaurant back up and running.

 

 

[Yellowtail]

1 hour ago, Peterw42 said:

OP, there are probably a lot of people in your block who would prefer a restaurant over a gym.

Have you asked the question of the owners ?

To say the restaurant was loosing money during covid is a pretty weak argument, I imagine all restaurants in condo blocks have been struggling. And you want to replace it with a gym that costs money.

At the end of the day you can change/build on common property but its not yours (or the committees) decision to make, any changes to common property requires a vote/approval from a majority of the owners at a meeting etc. Not just a majority of who attends the meeting, for major changes a majority of over 50% of the owners need to attend a meeting and vote 

I think you need to step back from your grand plans and put it to the owners.

I have watched the restaurant in my block close down during covid but its recently re-opened with a reduced rent etc and is starting to do really well. You may have to give free rent for a period to get the restaurant back up and running.

 

And that restaurant will be lost forever, along with the revenue it generated. It will be replaced by a gym, that will cost money to install, maintain and air-condition forever. What percentage of people do you expect will actually use the gym?

 

The people that do not use the gym will pay more and get less forever. 

 

 

 

 

[smutcakes]

17 hours ago, WhiteBuffaloATM said:

no legal impediment whatsoever in this case.

half your committee seem nervous / timid, frightened of their own shadows.......

internal changes only so no reason for outside complaint.

simple repurposing of part of an existing registered building

no height changes or perimeter violations.

your legal consultant should be immediately confirming this.... max one hour legal work.

 

our complex had supplemental ground floor apartments added and top floor roof / utility room fully developed, two floor registed building plan became actual four floor villas.

that was 13 years ago. no complaints yet, legal or other.......

 

I would not be so cock sure of yourself.

 

You may have got away with it up until now but if yours is actually a Condominium Registered under the Condominium Act, there are a number of areas in that which could be troublesome in the future should someone want them to be.

[WhiteBuffaloATM]

ill mannered & irrelevant response, Mr. Jealous Negative Naive Lawyer Man 

my post intended as positive example for the OP

didnt ask for any nasty “legal opinion” response on MY situation 

btw my landowner is a provincial judge so kinda got that covered too

and my four story pool villa aint no “condo” (as clear from my post)

wouldnt stress out about “thai law”...you clearly dont.understand reality here.

even if applicable, with court case against, its never enforced in such cases.

Friend of mine won his property dispute court eight years ago... 

still his legal compensation not paid..... as not enforced

so after 13 years I and the eight other units should still watch out for the boogie man ? nobody cares.......plus I DID say OP should get legal opinion....

 

 

[scubascuba3]

Gyms age quickly and get outdated compared to the many modern gyms popping up everywhere. Costly to keep upgrading when probably only a small minority use. A waste of money is my view. Many condos have empty rooms and shops, kinda normal these days

[Yellowtail]

1 minute ago, scubascuba3 said:

Gyms age quickly and get outdated compared to the many modern gyms popping up everywhere. Costly to keep upgrading when probably only a small minority use. A waste of money is my view. Many condos have empty rooms and shops, kinda normal these days

 

Exactly. Why not have the people that want it get together and rent the space, equip it and charge a monthly use fee-to the people that want to use it? Win-win for everyone.