Is It Legal For A Bangkok Condo To Allow Daily Short Time Rentals?

[nycboy57]

Is it legal for Condo owners in Bkk to rent out their Condo by the day? Week? etc?

I was always under the impression that owning a Condo is not like living

in a short time hotel.

Does anyone know how I would find this out?

The security allows these short time people to do whatever

they want in the building and pool area and owners seem to keep quiet.

I have brought this up to the President of the Board and Juristic Manager and

a few other email addresses I have gotten.

They even seem to advertise on the bulletin board and when I asked

some of these short time people

who were not following the rules listed by the Pool how

they heard about this Condo

they said sign in toilet at soi Cowboy.

I passed this info on and the last committee meeting it was brought up.

The manager sent me a detailed email of my complaints and their observation of my complaint

whether it was true or not according to their observation.

Most things I brought up like this short time hotel enviornment.

The lack of hotel type Trolley for luggage,

A ramp from the street to the front door so luggage or

handicap person etc can come up.

Cleaning the pool correctly and notifying the people of the chemical content

and posting that info by the pool.

Having the security call people up

when they say they want to come up to your apartment

instead of just letting them up.

Flies in the drainage system.

Getting ID from people entering the building.

Getting security or gym personel to tell people one of the rules

posted is take shower before entering the pool.

These seem like common sense to me,

however it seems most owners don't live here,

and use this place as an investment.

I asked to be put on the committee and

was told that I had to be elected in.

Any feedback on this matter of daily rental legalities and how I can

put a stop to this would be very much appreciative.

I am retired and please don't tell me

to move since I lived in Bkk three years and spent a large amount of money

renting and I prefer to risk buying than deal with owners that charge allot

and fight to pay back security etc.

I also was a fighter for the buildings I lived in NYC

and started tenant associations and yes it is a thankless job,

but rewarding to stop some of those rich landlords that abuse

their power.

As for Thailand I know it must be different but that doesn't mean

give up and let someone else do it.

I see that the response from the new manager was

that I should let him know what I see since I do live here and use the

facilities daily when others are just owners that do not live here.

Thanks in advance

[Soutpeel]

My response to your rather long post...Yes it most likely is legal....an owner of a condo would most likley be allowed to do what he or she wishes with their property and if they wish to rent out on the short time....up them...provided they are not in contravention of any board rules.

You may find that members of the board are also renting condo's out on the short time.

They are also correct in stating that to get on the commitee, you have to be elected....

With you coming from the land of the free.....you should recognise two of the concepts here.....Capitalism and democracy in action.

After 3 years here, you should know by now following rules here is an optional extra....

[Phil Conners]

I would be very surprised if there are any regulations preventing someone from renting out their condo at any length of time they like. TiT you know.

[NanLaew]

If the OP looks at his own copy of the condo rules and regulations and does not see any specific prohibition on sub-letting, then there's nothing illegal about it.

But the manager does recognize your status as an 'in-house' resident and has solicited your assistance in making sure that any fly-by-night renters do comply with the rules. You already have similar experience with this in NYC so seems like you have some part-time work coming up. But since you don't have a work permit for that, I would be careful about rocking the boat as some of your fellow condo owners may actually own several units that they have purchased as an investment and if the market for short-term rentals is paying their mortgages, then they won't appreciate someone trying to drum up new rules.

PS. This is the Pattaya forum and you are posting about a BKK condo?

Edited March 27, 2010 by NanLaew

[PhilHarries]

The shorter the lease the higher the unit rent to cover the overheads. But I can't see why anybody would want to rent their condo like a hotel room. Who's going to look after your interests and protect your property?

btw I didn't read your whole post as it was too long and too fractured. Don't use the return key unless you want to start a new paragraph, let the system wrap the text around makes it an easier read.

[Chang_paarp]

I gather you would also like to see the streets clean and the beaches usable. Try working on these tasks as upsetting the neighbours who know where you live may add another dimension to your health care needs. Remember you are not in NYC now and your rights to stay are determined on an annual basis, the people who make these decisions also like to invest in property.

[Rimmer]

Moved to Real Estate forum

[123ace]

Short term leases are classed as 'overnight stays' etc and are not technically allowed. You may not find definitive wording to this affect on this forum, but logically the building would require a hotel licience in order to perform this activity i.e. the business of a hotel.

Irrespective, the co-owners could vote to prohibit the practice if necessary. Longer leases of 12 months are ok, possibly even 6 months.

[InterestedObserver]

The condominium building itself would need a hotel license in order to accommodate short stay guests. Licensing soon to be enforced by the government.

Edited March 27, 2010 by InterestedObserver

[123ace]

The condominium building itself would need a hotel license in order to accommodate short stay guests. Licensing soon to be enforced by the government.

The Managers or Juristic Person could prevent access to non registered residents - in fact there are multiple ways of stopping this. Best to keep it low profile.

[katabeachbum]

The condominium building itself would need a hotel license in order to accommodate short stay guests. Licensing soon to be enforced by the government.

The Managers or Juristic Person could prevent access to non registered residents - in fact there are multiple ways of stopping this. Best to keep it low profile.

The owner of the units rented out on short time, would need in a hotel lisence which is easy to obtain. Not the whole building.

Preventing access for owners and their customers/tenants would be against thai law.

[junkofdavid2]

I also was a fighter for the buildings I lived in NYC

and started tenant associations

Plus, coming from an "nyc boy", you can expect (much) more complaints to come for just about...

[katabeachbum]

I also was a fighter for the buildings I lived in NYC

and started tenant associations

Plus, coming from an "nyc boy", you can expect (much) more complaints to come for just about...

fortunately here in LOS owners have more power and rights than tenants associations

[jackdawson]

just a crazy thought but did u consider researching the amount of renters in the building BEFORE buying ?

These seem like common sense to me

you've been here 3 years and u still think common sense comes in to play here (vs. $$$). what part of NY r u from anyway?

note to self; continue to NEVER buy in Thailand

[katabeachbum]

just a crazy thought but did u consider researching the amount of renters in the building BEFORE buying ?

These seem like common sense to me

you've been here 3 years and u still think common sense comes in to play here (vs. $$$). what part of NY r u from anyway?

note to self; continue to NEVER buy in Thailand

on the contrary, continue to buy in Thailand, cause as an owner here you can rent out to anyone you want for any period of time at any price the market accepts. common sense in LOS

[nycboy57]

Thanks for the feedback, sorry about the long winded question etc.

sorry about putting it in the wrong location ie Pataya vs Bkk.

Sorry for being from NYC west 57 street.

Sorry for putting questions into these forums ie, I am not a masochist and sadistic remarks are sarcasm, and sarcasm I read is tearing of flesh.

Sorry that I am not as smart as most here.

Sorry that when I grew up in the late 40's, people were encouraged to ask questions and not get beat up over the tone, content or any of those facsimile.

Sorry that I am here 3 years and still have not learned as much as the people who write responses to these questions or posts as they are called.

Sorry Sorry Sorry, oh sorry for the hitting enter too soon.

Sorry again and again and again humbly I beg you wonderful people, maybe the condo owners will put me out of my misery here and the motorbikes and the flies and the crooks etc who don't write in because they cannot handle the abuse.

Sorry for being too sensitive to your responses.

Sorry for those that hate Americans from New York.

Sorry maybe I do not belong in the Land of Smiles?

Maybe I don't belong writing questions and should hire an Attorney to proof read my questions so that maybe just maybe those that are so smart would be kind and gentle with someone who actually has a question that maybe just maybe might help someone else who just maybe they have the same or similar question themselves eh?

Mates.

Have a good life. If I write in again maybe I will either be drunk and not care about the kind of responses that sadists love to respond to.

Man I have been around the block a few 24 hours but I find that not all, Thank the Lord , not all of the responders are so mean, but those that are mean as hel_l, one day they don't get back what they give.

Again, I am sorry to you kind and loving souls that have compassion, and caring and patience and tolerance for people who have been here 3 years or 30 years and not as smart, intelligent or sane as you folks that like to hurt others with your remarks that could be a little gentler eh?

[PattayaParent]

In the condo that I live the owners are responsible for the actions of their tenants if the property is rented out and the Committee can take such actions as turning off utilities should the tenants continue to break condo rules.

[123ace]

The condominium building itself would need a hotel license in order to accommodate short stay guests. Licensing soon to be enforced by the government.

The Managers or Juristic Person could prevent access to non registered residents - in fact there are multiple ways of stopping this. Best to keep it low profile.

The owner of the units rented out on short time, would need in a hotel lisence which is easy to obtain. Not the whole building.

Preventing access for owners and their customers/tenants would be against thai law.

I think you are incorrect. In a Juristic Condominium it will require AGM approval to seek for a hotel liciense, individual owners could not seek this and the JP would have to be involved in this process, requiring at least 50% of co-owners to agree. In addition the articles of Association would need to cover this.

Preventing access to unauthorised persons is the responsibilty of the JP and their managers. Hotel guests are not the same as co-owner friends and it can easily become an issue if unregulated and complaints are made etc. This refers to 'over-night stays' not tenants with leases.

[junkofdavid2]

Thanks for the feedback, sorry about the long winded question etc.

sorry about putting it in the wrong location ie Pataya vs Bkk.

Sorry for being from NYC west 57 street.

Sorry for putting questions into these forums ie, I am not a masochist and sadistic remarks are sarcasm, and sarcasm I read is tearing of flesh.

Sorry that I am not as smart as most here.

Sorry that when I grew up in the late 40's, people were encouraged to ask questions and not get beat up over the tone, content or any of those facsimile.

Sorry that I am here 3 years and still have not learned as much as the people who write responses to these questions or posts as they are called.

Sorry Sorry Sorry, oh sorry for the hitting enter too soon.

Sorry again and again and again humbly I beg you wonderful people, maybe the condo owners will put me out of my misery here and the motorbikes and the flies and the crooks etc who don't write in because they cannot handle the abuse.

Sorry for being too sensitive to your responses.

Sorry for those that hate Americans from New York.

Sorry maybe I do not belong in the Land of Smiles?

Maybe I don't belong writing questions and should hire an Attorney to proof read my questions so that maybe just maybe those that are so smart would be kind and gentle with someone who actually has a question that maybe just maybe might help someone else who just maybe they have the same or similar question themselves eh?

Mates.

Have a good life. If I write in again maybe I will either be drunk and not care about the kind of responses that sadists love to respond to.

Man I have been around the block a few 24 hours but I find that not all, Thank the Lord , not all of the responders are so mean, but those that are mean as hel_l, one day they don't get back what they give.

Again, I am sorry to you kind and loving souls that have compassion, and caring and patience and tolerance for people who have been here 3 years or 30 years and not as smart, intelligent or sane as you folks that like to hurt others with your remarks that could be a little gentler eh?

like I said... nyc boy.

[katabeachbum]

Thanks for the feedback, sorry about the long winded question etc.

sorry about putting it in the wrong location ie Pataya vs Bkk.

Sorry for being from NYC west 57 street.

Sorry for putting questions into these forums ie, I am not a masochist and sadistic remarks are sarcasm, and sarcasm I read is tearing of flesh.

Sorry that I am not as smart as most here.

Sorry that when I grew up in the late 40's, people were encouraged to ask questions and not get beat up over the tone, content or any of those facsimile.

Sorry that I am here 3 years and still have not learned as much as the people who write responses to these questions or posts as they are called.

Sorry Sorry Sorry, oh sorry for the hitting enter too soon.

Sorry again and again and again humbly I beg you wonderful people, maybe the condo owners will put me out of my misery here and the motorbikes and the flies and the crooks etc who don't write in because they cannot handle the abuse.

Sorry for being too sensitive to your responses.

Sorry for those that hate Americans from New York.

Sorry maybe I do not belong in the Land of Smiles?

Maybe I don't belong writing questions and should hire an Attorney to proof read my questions so that maybe just maybe those that are so smart would be kind and gentle with someone who actually has a question that maybe just maybe might help someone else who just maybe they have the same or similar question themselves eh?

Mates.

Have a good life. If I write in again maybe I will either be drunk and not care about the kind of responses that sadists love to respond to.

Man I have been around the block a few 24 hours but I find that not all, Thank the Lord , not all of the responders are so mean, but those that are mean as hel_l, one day they don't get back what they give.

Again, I am sorry to you kind and loving souls that have compassion, and caring and patience and tolerance for people who have been here 3 years or 30 years and not as smart, intelligent or sane as you folks that like to hurt others with your remarks that could be a little gentler eh?

like I said... nyc boy.

I d say, lets turn the thread around.

Is it legal for a Bangkok condo to deny owners to rent out short time?

IOW deny access for owners authorised tenants, just because they dont have long leases.

[123ace]

Daily rentals and short stays are totally different from lease agreements of 12 months etc. It may not be common knowledge that 1 day rentals can not be done, but simple logic would show that this is not allowed in a Juristic Condo unless the articles of association allow for it ,and a hotel licience has been issued.

Of course many get away with it, particulary in Hua Hin and to a lesser extent in Pattaya, but if it becomes an issue it is very easy to prevent. Nobody is looking for it, so it only becomes an issue if the 'guest' annoys a co-owner.

A condo is not a hotel. The laws governing both are complex.

[nycboy57]

Daily rentals and short stays are totally different from lease agreements of 12 months etc. It may not be common knowledge that 1 day rentals can not be done, but simple logic would show that this is not allowed in a Juristic Condo unless the articles of association allow for it ,and a hotel licience has been issued.

Of course many get away with it, particulary in Hua Hin and to a lesser extent in Pattaya, but if it becomes an issue it is very easy to prevent. Nobody is looking for it, so it only becomes an issue if the 'guest' annoys a co-owner.

A condo is not a hotel. The laws governing both are complex.

thanks for those that actually care about people who send questions and are not just looking to hurt. As for the laws? We called the Landsoffice and no one knew anything. We call the tax office and no one knew anything? I guess hiring a lawyer is next? The Committee contacted me and said to send a letter requesting being on it. However the ex President of the Committee said that they only speak Thai and I cannot bring my Thai Lady with me. Juristic Manager said this is not true. They meet Saturday, and he is new manager and said he agreed having daily short time people stay here causes lots of problems for him and staff and security and the Condo value is going down. He thinks six months to a year should be minimum in all the other buildings he has managed. Everyone I spoke to agreed.

How can I get the rules, laws etc? I have the blue book the former owner gave me and cannot see anything about allowing short term rentals? I was told a youth hostel bought 10 apartments here and use these for daily rentals since their hostel/hotel does not have pool and charges more to rent here by the day.

Again I say to those with attitude problems, I wish you all well and pray that one day you don't have a problem and get what you give.

[123ace]

Your Thai lady friend can talk to the committee on your behalf as your proxy - just ignore whatever anyone else says. the issue is whether she understands what she is asking for and what the issues are etc.

Based on my understanding a short term rental would require a hotel licience. A juristic condo does not automatically have this licience and therefore you should not do one night rentals. 6 - 12 months is accpeted as being ok.

In practice many people do one night rentals, particularly in Hua Hin, and it is only an issue when a complaint is made and then the Juristic Person could be held laible for allowing an illegal trade in the building.

My advice is not do it unless there are lots of others doing it already, although it appears that your committee is aware of your interest and is anti it, as is the JPM based on your comments. As the committee seems to be all Thai and you are foreign, I would forget the whole thing as they can no longer claim that they did not know (that you were hoteling etc) and they are duty bound to reject any approval.