Condo has blocked off roof top swimming pool on NYE for private party

[DonniePeverley]

Uttterly despicable behaviour from the condo.

 

We have a great view of the River from our condo, that overlooks Icon Siam. We were looking forward to going on the roof and enjoying New Years Eve's festivities. 

 

However, got an email this morning saying no one is allowed on the roof top pool area as they are booking it out for a private party. 

 

How the effing hell is that even a thing ? We pay a premium to stay here and then this. Can they get away with this ? 

 

Can i do anything ? Nothing was ever mentioned in any of the contract or the bloody condo rules when i go through them. 

[OneMoreFarang]

Who is renting out that place? Who receives the money and who receives a commission?

I would be surprised if anybody authorized whoever did that to do that.

If you are serious about it, ask questions, record the answers, and inform the committee. And let them know that you will follow up with a lawyer to check if what they do is legal.

[scubascuba3]

only thing you can do is complain to the committee, preferably with others so it isn't repeated again, also to discuss at next AGM if need be

[MangoKorat]

Who's going to be receiving the money from this 'private party' - I take it your condo isn't one where the owners are the management company? The freeholder probably owns the roof and 'lets' condo owners use it at other times. Was 24/7 access to the roof written in the sales blurb when you bought your condo? Was that then passed on with your title?

 

You'd need to check the freehold ownership documents but you can be sure they are only available in Thai.

 

Disappointing as it is, it will probably cost you a small fortune to find out the legal details and take action. However, if you have it witten anywhere that you have 24/7 access to the roof, that's a different matter.

[SAFETY FIRST]

4 hours ago, DonniePeverley said:

However, got an email this morning saying no one is allowed on the roof top pool area as they are booking it out for a private party

This is common area. 

If you are a co-owner this is your property (area), co-owners jointly own common areas, swimming pool, gyms etc. Hope they don't damage any of your property because you will be paying to have it repaired. 

 

I'd be angry to. 

 

Find out who's getting the money from the booking. 

 

[DonniePeverley]

This is not a cheap condo. It's of the higher end condos, and one of the bigger condos around. 

 

The condo obviously has some form of committeee. I am not the owner of the condo, but rent it. So i am assuming the committee team in charge have decided to do this. 

 

It's just very poor. 

[Ralf001]

1 hour ago, scubascuba3 said:

only thing you can do is complain to the committee, preferably with others so it isn't repeated again, also to discuss at next AGM if need be

 

Might be the rest the committee "booking" out the floor for "private party"... so as to exclude the condo whinger on Party night !!

[daveAustin]

Yea, gatecrash it then throw up everywhere. 👍

[Lacessit]

25 minutes ago, DonniePeverley said:

This is not a cheap condo. It's of the higher end condos, and one of the bigger condos around. 

 

The condo obviously has some form of committeee. I am not the owner of the condo, but rent it. So i am assuming the committee team in charge have decided to do this. 

 

It's just very poor. 

As you are not an owner, you have no rights in this matter, unless it is written into your lease you have unrestricted pool access.

IMO it's probably the juristic person taking a bribe to close the pool. Some are as crooked as a dog's hind leg.

I really can't see a committee doing this, it's unlikely they would benefit financially.

The email you got - was it signed off by a committee member, or the juristic person?

[mokwit]

12 minutes ago, Lacessit said:

IMO it's probably the juristic person taking a bribe to close the pool. Some are as crooked as a dog's hind leg.

It's probably going to be a regular thing now. They'll put it on Airbnb.

[sirineou]

4 minutes ago, Lacessit said:

As you are not an owner, you have no rights in this matter, unless it is written into your lease you have unrestricted pool access.

IMO it's probably the juristic person taking a bribe to close the pool. Some are as crooked as a dog's hind leg.

I really can't see a committee doing this, it's unlikely they would benefit financially.

The email you got - was it signed off by a committee member, or the juristic person?

I agree with everything except that there is no financial benefit to the HOA.

As you said the OP does not own the unit, so unless it is specified in the rental agreement , he has no case. If such pool rental is allowed by HOA bylaws, then  the the income from the rental, should go in the coffers of the HOA to be used for maintenance and as such benefits every unit owner. 

[DonniePeverley]

25 minutes ago, Lacessit said:

As you are not an owner, you have no rights in this matter, unless it is written into your lease you have unrestricted pool access.

IMO it's probably the juristic person taking a bribe to close the pool. Some are as crooked as a dog's hind leg.

I really can't see a committee doing this, it's unlikely they would benefit financially.

The email you got - was it signed off by a committee member, or the juristic person?

 

 

You are rite - it from the Juristic. 

 

But in my agreement it is listed the times i can use common areas. It mentions nowhere (other than for repairs) that it can be used. No where does it say you cannot go into a common area due to a private function being held. 

[JBChiangRai]

I would be fascinated to know the legalities of this.

 

My first thoughts are, it's a small step from refusing owners/tenants access for one night, to booking the pool out for a week, a month, a year, permanently.  It's likely to be the same tenet under the law.

 

Unless I am mistaken, changes to common areas require raising at an AGM or an EGM (Extraordinary General Meeting) at which a quorum must be present and a certain percentage must vote in favour.

 

If I was an owner, I would be speaking to the Juristic Manager/Management Company to understand in full detail what the benefits to the co-owners is and what process they followed to book it out to a private function.

[simon43]

I'd take a dump in the pool the evening before.....

[newnative]

     I would ignore the frivolous comments bcause this is a serious matter.   Whether common areas can or cannot be rented out for private usage, and at what times and for how long, should be spelled out in detail in the condo's by-laws.  If I were an owner there, I would certainly not want private parties to be able to be booked on any holidays.  If not in the by-laws, then the default would be that such rentals are not allowed.  If allowed, the by-laws should also spell out where the revenue should go--sinking fund, current budget revenues, etc.

     If you have not already done so, I would make your landlord aware of the issue and express your displeasure.  Your landlord may know if this has happened before or has never been done before, to their knowledge.  I would try to get your landlord involved in looking into the problem. The more voices, the better.   I would also try to determine who exactly authorized the private party, and by what authority did they do so.  If possible, ask to see the documntation that gives them permission to book the private party.  This issue should definitely be addressed and nailed down at the next AGM, if it is not already in the by-laws.  

[Captain Monday]

3 hours ago, DonniePeverley said:

This is not a cheap condo. It's of the higher end condos, and one of the bigger condos around. 

 

The condo obviously has some form of committeee. I am not the owner of the condo, but rent it. So i am assuming the committee team in charge have decided to do this. 

 

It's just very poor. 

Did the committee authorize?

As you are a renter you have no say and unless your rental contract specified some kind of year round access you’re probably s.o.l..

 

Buy a ticket to the shindig, go to another party, or just try to gatecrash it. Thais are so bad at running a reception desk probably no problem if you are suitably dressed. 

[JBChiangRai]

10 minutes ago, Captain Monday said:

Did the committee authorize?

As you are a renter you have no say and unless your rental contract specified some kind of year round access you’re probably s.o.l..

 

Buy a ticket to the shindig, go to another party, or just try to gatecrash it. Thais are so bad at running a reception desk probably no problem if you are suitably dressed. 

 

I don't think the committee have the authority to make any change to the use of common facilities, I'm fairly sure it needs to be approved at an AGM or EGM.

[ballpoint]

4 hours ago, DonniePeverley said:

This is not a cheap condo. It's of the higher end condos, and one of the bigger condos around. 

 

The condo obviously has some form of committeee. I am not the owner of the condo, but rent it. So i am assuming the committee team in charge have decided to do this. 

 

It's just very poor. 

As a renter, you should contact the owner and the rental agent, if you have one, and ask if they are aware of this, as it violates your right to use the common areas.  See what they say and decide if it's worth taking further.

[PJ71]

1 hour ago, newnative said:

     I would ignore the frivolous comments bcause this is a serious matter.   Whether common areas can or cannot be rented out for private usage, and at what times and for how long, should be spelled out in detail in the condo's by-laws.  If I were an owner there, I would certainly not want private parties to be able to be booked on any holidays.  If not in the by-laws, then the default would be that such rentals are not allowed.  If allowed, the by-laws should also spell out where the revenue should go--sinking fund, current budget revenues, etc.

     If you have not already done so, I would make your landlord aware of the issue and express your displeasure.  Your landlord may know if this has happened before or has never been done before, to their knowledge.  I would try to get your landlord involved in looking into the problem. The more voices, the better.   I would also try to determine who exactly authorized the private party, and by what authority did they do so.  If possible, ask to see the documntation that gives them permission to book the private party.  This issue should definitely be addressed and nailed down at the next AGM, if it is not already in the by-laws.  

What would you expect the landlord to do?

 

If they did do anything, do you think it would make a blind bite of difference?

[sungod]

3 hours ago, simon43 said:

I'd take a dump in the pool the evening before.....

After reading the entire thread, I believe this is the best action available to you.

[newnative]

20 minutes ago, PJ71 said:

What would you expect the landlord to do?

 

If they did do anything, do you think it would make a blind bite of difference?

      I think it's important for the landlord to be aware of the issue, and aware that he has an unhappy tenant.  As a condo owner, the landlord certainly has the right to question the private party.  I would expect the landlord to get involved in looking into the issue and voicing disapproval as an owner--and that can make a difference.  I doubt he would be the only owner unhappy with the private party taking over a major public space on one of the most important nights of the year.  It's important that condo owners be pro-active, and not display your mindset, that they cannot make a 'blind bite of difference'.  They can.

[fondue zoo]

4 hours ago, DonniePeverley said:

So i am assuming the committee team in charge have decided to do this. 

 

I'd still follow up, and then attend the roof party with some friends..

 

 

[Celsius]

Oh no how will instagram survive 

[SAFETY FIRST]

12 minutes ago, newnative said:

think it's important for the landlord to be aware of the issue

You'll probably find the landlord is at the party.

 

I assumed the OP was a co-owner, he's renting so would not have received an invitation. 

 

I reckon its a co-owners annual party, we have an annual party for co-owners at a condo I rent out. We close of the swimming pool for the function. 

 

 

[metisdead]

Some posts and the replies contravening our Community Standards have been removed.

[kennw]

10 hours ago, DonniePeverley said:

Uttterly despicable behaviour from the condo.

 

We have a great view of the River from our condo, that overlooks Icon Siam. We were looking forward to going on the roof and enjoying New Years Eve's festivities. 

 

However, got an email this morning saying no one is allowed on the roof top pool area as they are booking it out for a private party. 

 

How the effing hell is that even a thing ? We pay a premium to stay here and then this. Can they get away with this ? 

 

Can i do anything ? Nothing was ever mentioned in any of the contract or the bloody condo rules when i go through them. 

If it is a genuine condo operated under Jurustic Person, the pool should be common area available to all at all safe times.

[PJ71]

46 minutes ago, newnative said:

      I think it's important for the landlord to be aware of the issue, and aware that he has an unhappy tenant.  As a condo owner, the landlord certainly has the right to question the private party.  I would expect the landlord to get involved in looking into the issue and voicing disapproval as an owner--and that can make a difference.  I doubt he would be the only owner unhappy with the private party taking over a major public space on one of the most important nights of the year.  It's important that condo owners be pro-active, and not display your mindset, that they cannot make a 'blind bite of difference'.  They can.

While i find your attitude somewhat 'admirable', i also find it quite naive.

 

Everyone i know that's rented and needed assistance with something from the landlord has been a real PITA.

 

Is it not unlikely any landlord would be reluctant unless set up properly as a company to actually be a landlord and rent property's, as i'm sure you know Thai's love to grass.

[samtam]

2 hours ago, JBChiangRai said:

 

I don't think the committee have the authority to make any change to the use of common facilities, I'm fairly sure it needs to be approved at an AGM or EGM.

 

We allow private usage of our pool by residents, (co-owners and tenants), per our condo by-laws, (approved at the AGM). Included in that text are the conditions, (numbers of people, times available cost etc). Anyone wishing to avail themselves of the facility have to seek permission of the management office and make a booking. In our case, the building manager would consult the committee, (including me), and I can tell you that approval would not be given for this, as it infringes the rights of all residents.

 

You should speak to the Juristic Person Manager and your management company, and ask who has approved it. I imagine your neighbours are also rather hacked off that they are excluded too, unless they are included because it is restricted to co-owners.

[ChaiyaTH]

My best guess is that the person who booked this private party is one of the rich co-owners, maybe the penthouse level units. Likely just bribed the manager, to have such location would be worth 50-150-250K baht on NYE with riverside view. 

[richard_smith237]

Isn't it irrelevant whether the Op is an owner or renter ????

 

The Op has a rental contract and has full rights to use the facilities. 

 

I don't see how the 'party organisers' can prevent access to use the facilities to anyone with a rental contract. 

 

That said: The facilities may have 'times of use'.

i.e. at previous condo's use of the pool area is not permitted after 10pm, in which case, how are they permitting a party ?

 

Obviously there is a 'lot wrong' with this issue. 

 

When we have held parties at Condo Pools before, we have done so informing other occupants of our event and inviting them to come and enjoy - this is the only sociable and polite option. 

 

All occupants have every right to be there. 

 

The letter to 'obstruct' occupants from using 'their' facilities is both an insult and extremely clumsy.

 

Hypothetically, this is the same as an  occupant 'renting the pool area out all year' and blocking other occupants from use - blocking out the Use of facilities for one night is just the 'thin end' of that wedge - and in no way can be legal or justified. 

 

It shows how morally bankrupt the juristic committee is - they have no idea of right and wrong. 

 

-------------

 

I'm not sure what the Op's options are as this is such a rare issue there is perhaps little precedent. 

 

I wonder if taking such a letter to the local land office and questioning the legality is a viable option - the issue of course if finding someone who cares. 

 

The Op of course wants to know for sure if he'll be able to use his roof-top on NYE and not have his evening ruined. 

His concern is wholly viable.