Condo Charges

[frodo77]

In my building the Juristic person, who also owns more than 50% of the units, just goes ahead and completes work (such as pool renovation) then presents each owner with a bill, which is probably padded. The proper accounting is not shown. There is no Resident Committee. This person is well connected, very rich etc. What are my options? Do I just pay up? Do I ask for proper accounting before I pay (which won't be presented, then what?) Would it be worthwhile going to a lawyer? Thoughts please, thanks.

[think_too_mut]

In my building the Juristic person, who also owns more than 50% of the units, just goes ahead and completes work (such as pool renovation) then presents each owner with a bill, which is probably padded. The proper accounting is not shown. There is no Resident Committee. This person is well connected, very rich etc. What are my options? Do I just pay up? Do I ask for proper accounting before I pay (which won't be presented, then what?) Would it be worthwhile going to a lawyer? Thoughts please, thanks.

Imagine him NOT paying his levies.

As the owner of >50% of units, he has the majority of votes and no committee, existing or not, can tell him what to do.

Too late now to do what should have been done before: not to buy into that complex.

Edited April 8, 2009 by think_too_mut

[barky]

You didn't indicate if you were an owner. But, I'll assume you are. What would happen, do you think, if you just didn't pay? Maybe demand full itemised invoice. What about getting all the other owners together and put this guy on the spot. What would happen if no-one paid him? I'm sorry there are more questions than answers at this stage.

Last option, you could always sell up.

[palm]

In my building the Juristic person, who also owns more than 50% of the units, just goes ahead and completes work (such as pool renovation) then presents each owner with a bill, which is probably padded. The proper accounting is not shown. There is no Resident Committee. This person is well connected, very rich etc. What are my options? Do I just pay up? Do I ask for proper accounting before I pay (which won't be presented, then what?) Would it be worthwhile going to a lawyer? Thoughts please, thanks.

The updated Condo Act that came out July 2008 gives you a lot more protection. A majority owner now has less power than before.

By law there must be a committee of at least 3 people; so if there is no committee or monthly accounts posted, he's breaking the law. Just go get a competent lawyer and file a complaint at the Land Office. This stuff happens the world over, not just Thailand. Good luck!

[frodo77]

I am an owner and bought 12 years ago when the building was new, so not possible to know the present circumstances. The other owners are mainly farangs who are not resident here, and Thais from Bangkok. Very difficult to get together. If I do not pay until I see proper bills etc, I wonder if the Juristic person could cut off my utilities even though my Mtce fees are paid. I pay water in the building and is up to date. My electric is paid directly to the Electric Company through my bank account. There is another rumour that this Juristic person is going to charge for cable from 5 years ago when it is included in the Mtce fee - is this possible and legal?

[think_too_mut]

The updated Condo Act that came out July 2008 gives you a lot more protection. A majority owner now has less power than before.

By law there must be a committee of at least 3 people; so if there is no committee or monthly accounts posted, he's breaking the law. Just go get a competent lawyer and file a complaint at the Land Office. This stuff happens the world over, not just Thailand. Good luck!

He can comply, formally. Reminding him about the law may even make him smile. Now, he can have a legal coat.

Say, as well connected, he gets 3 of his cronnies to submit tenders for pool refurbishment, with marginal or 2 of them intentinionally inflating their bits. The lowest one (still padded) is accepted. Beautiful, now it is even legal!

Let alone how those 2 members are elected without him de-facto coopting them. Nobody sceptical or inquisitive will ever sit on that "board".

[briley]

If I remember correctly if you own over 50% of the units you only have 50% maximum of the votes.

[frodo77]

Is it possible to have an official audit completed by some Authority - City Hall for example.

[hhgz]

"In my building the Juristic person... goes ahead and completes work (such as pool renovation) then presents each owner with a bill, which is probably padded."

What proof do you have of this?

[frodo77]

No actual proof as I said there is no accounting produced. Where there is obvious corruption how do you expect proof to be available? Knowing the cost of renovations etc, the bills are definitely padded.

[hhgz]

You're suspicious and you have no proof. Excellent.

[frodo77]

If I had proof I would not be posting here for advice. We are talking about minimum 50% mark up, so I think my "suspicions" are quite genuine, especially being aware of the corruption that is rampant in this Country. Some good advice would be appreciated, thanks.

[frodo77]

A group of us are getting together to fight this extortionate behaviour. Can anyone recommend a good and competent lawyer please, in Pattaya. Many thanks.

[hhgz]

As a condo owner, you are undoubtedly paying condo fees for maintenance of the common areas. Accordingly, I'm not sure why you'd even consider paying a bill presented to you. The owners don't pay the bills directly. Regardless, you seem to be confused, and are not able to articulate the situation clearly. I wish you the very best of luck in all of your endeavors.

[ripley]

It would be useful to find a reference pool for good lawyers for farangs. Those specializing in Condo Law appear to be scarce. I'd suggest you check in with the Pattaya Expats Club and their website. At least one of their members has done serious research into the new condo law.

Good luck.

[wasaskater]

In my building the Juristic person, who also owns more than 50% of the units, just goes ahead and completes work (such as pool renovation) then presents each owner with a bill, which is probably padded. The proper accounting is not shown. There is no Resident Committee. This person is well connected, very rich etc. What are my options? Do I just pay up? Do I ask for proper accounting before I pay (which won't be presented, then what?) Would it be worthwhile going to a lawyer? Thoughts please, thanks.

Why isn't your pool maintence fees included in your common area fees/HOA fee?

[JimmyTheMook]

Name the condo ?