I’m looking for advice on a situation in a condo in Thailand where the management has implemented a very aggressive new policy.

 

The Policy (Currently in Effect):

• 500 THB/day storage fee is charged for any postal package not picked up after 7 days.

• Automatic return to sender is being carried out for any mail or packages left for 15 days.

• The management is claiming a total liability waiver for any damage or loss caused by this handling.

 

The Conflict: The Juristic Person (JP) claims this policy was "voted on in the past" but has failed to produce any proof, minutes, or records of a co-owner vote. When we challenged the legal basis for these charges, the JP’s only justification was that the Committee has the authority to create and enforce these rules on its own without an AGM vote.

 

The Concerns:

1. Unauthorized Fines: Can a Committee legally enforce high daily financial penalties that were never approved by a General Meeting of Co-owners?

2. Property Interference: Is it legal for a building to ship back an owner’s private mail (which may contain sensitive documents) simply because of a 15-day internal rule?

3. Lack of Transparency: How do we stop the enforcement of a rule when the JP refuses to show the actual registered regulations or the vote that supposedly authorized this?

 

Has anyone else dealt with a Committee that is already enforcing rules they unilaterally "made up" in a committee meeting? We are concerned this sets a dangerous precedent where the Committee can bypass owners to impose any fee they want (as it seems other fees have also come about like this). 

 

Any insight appreciated.

Thanks

Seems reasonable to me, pick up your packages, or pay someone to do it for you or pay the 500

OP, you may want to get hold of the condominium act, freely available online and in English. The act covers what the juristic can and cant do. Pretty sure there is a whole section on the juristic enforcing rules/fines etc.

The Condo block will have a set of bylaws already in place, and probably has a law covering unattended mail, rubbish etc. You may want to ask for a copy of the condo bylaws.

 

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

2 hours ago, scubascuba3 said:

Seems reasonable to me, pick up your packages, or pay someone to do it for you or pay the 500

The question wasn't whether it was reasonable or not, but if the committee had he power to unilaterally impose fees on co-owners without a vote in AGM and dispose of private property.

39 minutes ago, Peterw42 said:

OP, you may want to get hold of the condominium act, freely available online and in English. The act covers what the juristic can and cant do. Pretty sure there is a whole section on the juristic enforcing rules/fines etc.

The Condo block will have a set of bylaws already in place, and probably has a law covering unattended mail, rubbish etc. You may want to ask for a copy of the condo bylaws.

 

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

Thanks, I have read it, but I can't see any part where it states the committee can impose fees without an AGM vote. Further, the House Rules /By-laws state nothing about this since the start of the condo. It was only brought up in a committee meeting and mentioned at the AGM that it would be implemented without a vote.

13 hours ago, Topprofile said:

The question wasn't whether it was reasonable or not, but if the committee had he power to unilaterally impose fees on co-owners without a vote in AGM and dispose of private property.

What they are doing is for the benefit of the condo block as a whole and residents, they can't let people like you causing issues, there's always people causing problems and yes the committee can impose it, if you want the stress, leave your packages and get the 500 baht a day bill

Do they have some sort of notification process to inform tenants that there is a package to pick up?

 

Are there any allowances for those who go away on vacation? Other than telling them not to buy anything online?

 

 

6 hours ago, scubascuba3 said:

What they are doing is for the benefit of the condo block as a whole and residents, they can't let people like you causing issues, there's always people causing problems and yes the committee can impose it, if you want the stress, leave your packages and get the 500 baht a day bill

Sigh, this forum is still full of trolls ... I thought it would be better after 20 years but apparently not... 

1 hour ago, bamnutsak said:

Do they have some sort of notification process to inform tenants that there is a package to pick up?

 

Are there any allowances for those who go away on vacation? Other than telling them not to buy anything online?

 

 

Yes there is, but still this is about the principle of the committee making unilateral decisions and imposing penalties on all co-owners. This doesn't really have anything to do with me, as I don't have an issue with my mail, but I'm curious whether it's legal or not.

5 minutes ago, Topprofile said:

Sigh, this forum is still full of trolls ... I thought it would be better after 20 years but apparently not... 

It's a matter of opinion, clearly you are a troll at your condo

45 minutes ago, scubascuba3 said:

It's a matter of opinion, clearly you are a troll at your condo

Let's cut the amateur commentary. Nobody cares about your opinion on convenience. This is a matter of Thai Civil Law and the Condominium Act.
Your subjective opinion on convenience is irrelevant and means absolutely nothing in the face of the Condominium Act.
Your argument that "they can impose it" because they feel like it means nothing. Zero.

The law doesn't care if you think the policy is "reasonable." It cares if it's legal.