Change Of Use Of Common Area And Usage

[ChiangMaiFun]

An owner at my condo is planning to change use of some common area - a vote has been taken but it fell below 50% - does it need 50% to agree?

Also another owner is planning change from Commercial to Residential - does it require 50% of the owners?

Thanks

[backsoon]

I think they need 50% or even 75% of votes. Check with the latest amendments to Condo Act.

But this is immaterial, since the TIT factor is overriding all Thai Laws. Blatant disregard of laws and regulations is a common place in Thailand. And this goes on all the time, all places.

The only way to make a change is to lodge a Court action. This fact alone has a sobering effect on the bastards. But you must have factual grounds to take such a step. In other words, they must actually do something illegal. Can't sue for 'intentions'.

This advice comes from experience. Good luck.

[ChiangMaiFun]

I think they need 50% or even 75% of votes. Check with the latest amendments to Condo Act.

But this is immaterial, since the TIT factor is overriding all Thai Laws. Blatant disregard of laws and regulations is a common place in Thailand. And this goes on all the time, all places.

The only way to make a change is to lodge a Court action. This fact alone has a sobering effect on the bastards. But you must have factual grounds to take such a step. In other words, they must actually do something illegal. Can't sue for 'intentions'.

This advice comes from experience. Good luck.

Thanks - I have read through but can't find the provisions - maybe I am reading the wrong thing - they have called for a vote of owners and about 30% voted yes - but this was 30% of 50% if you see what I mean - so it is only 16/17% of the TOTAL ownership. They now want to let an owner do something on common area - I am desperately trying to find if this is legal - in my mind somewhere I'm sure I read it was 50% of the TOTAL ownership.

BTW is lodging a Court Action easy? and while the court case goes on do they have to stop? thanks very much

[PattayaParent]

Edit: Forget what I wrote before, I've found this info in a recent thread.

http://www.thaivisa.com/forum/index.php?s=...t&p=3484708

Edited April 26, 2010 by PattayaParent

[ChiangMaiFun]

Edit: Forget what I wrote before, I've found this info in a recent thread.

http://www.thaivisa.com/forum/index.php?s=...t&p=3484708

Hi - sorry - I don't understand - this other thread doesn't refer to changes to Common Areas etc. just removal of a manager

[JohnC]

SECTION 48, A resolution on any of the following matters shall not be less than one-half the votes of the total

number of the votes of all the attending co-owners combined:

(1) a purchase of immoveable property or an acceptance of immovable property of binding value as common

property;

(2) disposal of common property;

(3) an approval granted to any one co-owner for construction that effects the common property or the outside

appearance of the building at the expense of such co-owner;

(4) an amendment of the regulations in connection with the use or management of the common property;

(5) an amendment that changes the ratios of the joint payments in the regulations pursuant to Section 32 (8);

(6) a construction that modifies, adds to or improves the common property;

(7) a management that benefits in common property. ????????????

/quote]

It might also be worth raising the point that reduction in common areas will mean a reduction in maintenance fees, I bet they did not think that one out as they will lose a portion of such fees from every condo!

Edited April 26, 2010 by JohnC

[ChiangMaiFun]

thanks - would this cover changing commercial units to residential?

[PattayaParent]

Edit: Forget what I wrote before, I've found this info in a recent thread.

http://www.thaivisa.com/forum/index.php?s=...t&p=3484708

Hi - sorry - I don't understand - this other thread doesn't refer to changes to Common Areas etc. just removal of a manager

Sorry, I don't understand why you don't understand what is written there.

yes, the items under Section 48 are more serious (like buying real property or modifying condo units which effect common property or exterior of building etc.) and require at least 50% of all possible votes (or at a second meeting at least 30% of all possible votes).

under Section 49 (to appoint or remove a manager), the threshold vote is lower....at least 25% of all possible votes....

[ChiangMaiFun]

Edit: Forget what I wrote before, I've found this info in a recent thread.

http://www.thaivisa.com/forum/index.php?s=...t&p=3484708

Hi - sorry - I don't understand - this other thread doesn't refer to changes to Common Areas etc. just removal of a manager

Sorry, I don't understand why you don't understand what is written there.

yes, the items under Section 48 are more serious (like buying real property or modifying condo units which effect common property or exterior of building etc.) and require at least 50% of all possible votes (or at a second meeting at least 30% of all possible votes).

under Section 49 (to appoint or remove a manager), the threshold vote is lower....at least 25% of all possible votes....

I keep seing different versions of the Act - is this the updated new one? it was 75% before? here it is:

Section 44. A resolution of the general meeting requires a majority vote of

the co-owners present at the meeting, unless this Act provides otherwise.

Also:

Section 49. A resolution concerning any of the following business requires a

vote of at least three out of four of the number of votes of all the co-owners.

(1) correct or change the ratio of the common expenses in the regulations

under Section 32 (10);

(2) purchase immovable property or undertake to give immovable property

with a charge to be common property;

(3) amend the regulations concerning the use or management of the

common property;

(4) construction that changes, adds to, or improves the common property,

apart from what is given in the regulations; and

(5) disposing of common property that is immovable property

[PattayaParent]

It might also be worth raising the point that reduction in common areas will mean a reduction in maintenance fees, I bet they did not think that one out as they will lose a portion of such fees from every condo!

Are you sure about that?

In my condo the maintenance fees are based on the m2 area of the unit you own so if the common area is reduced or increased it doesn't affect the m2 area of my condo. However the m2 cost may just be an easy way to bill.

There is a proposal to change a common area into a residential area so if it WOULD change the maintenance fees to be paid I'd like to be sure.

[Zstarx]

If you are renting just move to another condo