Juristic office

[Dewey]

Good afternoon,

 

quick post to ask about condo management (or juristic office). I've been living in the same condo for the last 12 years and I'm an owner since 6 years.

Today, other owners (Thai) reach out to me because they are sick of the condo management and they are gathering all the complains they can find.

They know I had a few problems with the management in the past and they want me to join their crusade (probably because I was the only one asking questions management didn't want to hear at the last year co-owner meeting).

 

Anyway, I'm thrilled about this and for once it's started from Thai owners so I will not be the bad "farang" who complain about everything 🙂

However, before joining them I have a few questions about condo management and hopefully someone here will have a few answers :

 

- Since the new management took over the condo, new rules appears and if we don't respect those new rules we can get a fine (from 1000 to 5000 THB)

1. Is there a general law in Thailand about rules in condos ?
2. Can they add new rules without the approval of the majority of owner ?
3. Can they fine condo resident ? On which authority ? What can happened if an owner refuse to pay a fine ?

 

- Last year they raised the annual fee for owner (which we vote yes for) because they didn't have enough cash to pay the staff and condo upkeep), they also had a debt of 200K THB.

1. They complained about not having enough money to pay the staff but they still let them do overtime on weekends, during next co-owner meeting can we ask to see the cost of management (salaries, overtime paid etc.) ?
2. Can we request to have the total spending per month for maintenance, external contractor and other type of spending ?

 

Thanks for the help.

[SAFETY FIRST]

14 minutes ago, Dewey said:

Since the new management took over the condo

Why did you replace the Juristic management company? 

 

[Dewey]

1 minute ago, SAFETY FIRST said:

Why did you replace the Juristic management company? 

 

 

Tbh I don't know. The whole team changed 3 times in 6 years, I don't think the management company change, only the staff and manager.

[scubascuba3]

29 minutes ago, Dewey said:

 

 

- Since the new management took over the condo, new rules appears and if we don't respect those new rules we can get a fine (from 1000 to 5000 THB)

1. Is there a general law in Thailand about rules in condos ? - Yes, condo Act 2008, download it.
2. Can they add new rules without the approval of the majority of owner ? Depends , see house rules doc
3. Can they fine condo resident ? On which authority ? What can happened if an owner refuse to pay a fine ? depends on house rules and condo act

 

- Last year they raised the annual fee for owner (which we vote yes for) because they didn't have enough cash to pay the staff and condo upkeep), they also had a debt of 200K THB.

1. They complained about not having enough money to pay the staff but they still let them do overtime on weekends, during next co-owner meeting can we ask to see the cost of management (salaries, overtime paid etc.) ? Yes, should issue monthly cashflow
2. Can we request to have the total spending per month for maintenance, external contractor and other type of spending ? Yes, see above

 

Thanks for the help.

I've annotated your post as it's easier to answer, others might have a different view 

[SAFETY FIRST]

2 hours ago, Dewey said:

Last year they raised the annual fee for owner (which we vote yes for) because they didn't have enough cash to pay the staff and condo upkeep), they also had a debt of 200K THB.

1. They complained about not having enough money to pay the staff 

What are you being charged for yearly maintenance per square metre and what was it increased from? 

 

Where are you located? 

 

Why have they no money? 

 

[Peterw42]

14 hours ago, Dewey said:

Good afternoon,

 

quick post to ask about condo management (or juristic office). I've been living in the same condo for the last 12 years and I'm an owner since 6 years.

Today, other owners (Thai) reach out to me because they are sick of the condo management and they are gathering all the complains they can find.

They know I had a few problems with the management in the past and they want me to join their crusade (probably because I was the only one asking questions management didn't want to hear at the last year co-owner meeting).

 

Anyway, I'm thrilled about this and for once it's started from Thai owners so I will not be the bad "farang" who complain about everything 🙂

However, before joining them I have a few questions about condo management and hopefully someone here will have a few answers :

 

- Since the new management took over the condo, new rules appears and if we don't respect those new rules we can get a fine (from 1000 to 5000 THB)

1. Is there a general law in Thailand about rules in condos ?
2. Can they add new rules without the approval of the majority of owner ?
3. Can they fine condo resident ? On which authority ? What can happened if an owner refuse to pay a fine ?

 

- Last year they raised the annual fee for owner (which we vote yes for) because they didn't have enough cash to pay the staff and condo upkeep), they also had a debt of 200K THB.

1. They complained about not having enough money to pay the staff but they still let them do overtime on weekends, during next co-owner meeting can we ask to see the cost of management (salaries, overtime paid etc.) ?
2. Can we request to have the total spending per month for maintenance, external contractor and other type of spending ?

 

Thanks for the help.

 

Is there a general law in Thailand about rules in condos ?

As others have said, there is a condo act that covers everything to do with condo admin. However, there are usually specific bylaws for each condo block , things like no pets, noise etc.

 

Can they add new rules without the approval of the majority of owner ?

These laws are set when the condo block is established and filed at the land office, and can only be added to or amended via a vote at annual meeting etc.

 

Can they fine condo resident ? On which authority ? What can happened if an owner refuse to pay a fine ?

On authority of the condo act, where its is all layed out in great detail, including penalties for non payment.

 

Can we request to have the total spending per month for maintenance, external contractor and other type of spending ?

As stated in the condo act, a monthly statement must be available and posted for view, covering the money in out each month (usually posted on a notice board outside the office). And the fully audited accounts must be available at the AGM, (its usually one of the first items on the meeting agenda)

 

If you are looking at getting rid of the current management company, the first thing is to look at their contract. These mafia like management companies usually have a very complex contract ensuring its almost impossible to sack them, and although they are not supposed to, they control meetings, proxy votes etc and then vote not to sack themselves.

 

Thai condo act in English

 

https://www.samuiforsale.com/law-texts/new-thailand-condominium-act-2008.html

Edited March 21 by Peterw42

[Cake Monster]

+1 on the accounts

It is your legal right to be able to view the Accounts on a Monthly basis, 

These Accounts are legally to be posted in a prominent position where they are able to be viewed without any kind of restrictions.

200K in debt ?

I dont know how you became aware of this , but the residents to start asking some serious questions of the Management Committee, and the Accounts would be a good place to start

[Dewey]

13 hours ago, SAFETY FIRST said:

What are you being charged for yearly maintenance per square metre and what was it increased from? 

 

Where are you located? 

 

Why have they no money? 

 

Annual fee was changed from 32THB per sqm to 45THB, they justify the raise because it never went up since condo exists (2009)

Location is sukhumvit50. Why no money, tbh I'm not so sure, they talked about it at last year co-owner meeting but I did not understand all of it.

[Dewey]

2 hours ago, Peterw42 said:

 

Is there a general law in Thailand about rules in condos ?

As others have said, there is a condo act that covers everything to do with condo admin. However, there are usually specific bylaws for each condo block , things like no pets, noise etc.

 

Can they add new rules without the approval of the majority of owner ?

These laws are set when the condo block is established and filed at the land office, and can only be added to or amended via a vote at annual meeting etc.

 

Can they fine condo resident ? On which authority ? What can happened if an owner refuse to pay a fine ?

On authority of the condo act, where its is all layed out in great detail, including penalties for non payment.

 

Can we request to have the total spending per month for maintenance, external contractor and other type of spending ?

As stated in the condo act, a monthly statement must be available and posted for view, covering the money in out each month (usually posted on a notice board outside the office). And the fully audited accounts must be available at the AGM, (its usually one of the first items on the meeting agenda)

 

If you are looking at getting rid of the current management company, the first thing is to look at their contract. These mafia like management companies usually have a very complex contract ensuring its almost impossible to sack them, and although they are not supposed to, they control meetings, proxy votes etc and then vote not to sack themselves.

 

Thai condo act in English

 

https://www.samuiforsale.com/law-texts/new-thailand-condominium-act-2008.html

Exactly what I was looking for. Thanks a lot.

[Dewey]

17 minutes ago, Cake Monster said:

+1 on the accounts

It is your legal right to be able to view the Accounts on a Monthly basis, 

These Accounts are legally to be posted in a prominent position where they are able to be viewed without any kind of restrictions.

200K in debt ?

I dont know how you became aware of this , but the residents to start asking some serious questions of the Management Committee, and the Accounts would be a good place to start

Yeah I don't think they share the accounts. I will have a look if they do.

we became aware about this because they use this problem as a way to raise the fee last year.

 

Thanks for the reply.

Edited March 22 by Dewey

[scubascuba3]

5 hours ago, Dewey said:

Annual fee was changed from 32THB per sqm to 45THB, they justify the raise because it never went up since condo exists (2009)

Location is sukhumvit50. Why no money, tbh I'm not so sure, they talked about it at last year co-owner meeting but I did not understand all of it.

Annual fee increase should have been voted on at the AGM, probably justified but they should justify spending