Estate Service Charges:

[yang123]

I'm in dispute about the service charge liable for our house on a new estate. In summary, the developer is seeking to levy a service charge that few, if any, of the residents agree to - not least because the developer has so far failed to provide the promised services.

I guess this is a well-trodden path. I'd be grateful for any general advice and for the name of a lawyer with successful experience in handling such disputes. Any pointers to relevant provisions in Thai law would also be greatly appreciated.

Many thanks.

[Forkinhades]

Unless you signed a contract for the so called services, tell them where to go

[stgrhe]

Unless you signed a contract for the so called services, tell them where to go

Yes I agree! Unless you have not signed anything you are not legally obliged to pay for anything.

If the estate is a true Moo Baan the developer is by law obliged to hand over the estate to the Moo Baan when half of the estate has been sold to new owners. The members will then elect a committee that decides what services the estates requires, how it shall be done and by whom, and also how the costs shall be shared.

[yang123]

Unless you signed a contract for the so called services, tell them where to go

Yes I agree! Unless you have not signed anything you are not legally obliged to pay for anything.

If the estate is a true Moo Baan the developer is by law obliged to hand over the estate to the Moo Baan when half of the estate has been sold to new owners. The members will then elect a committee that decides what services the estates requires, how it shall be done and by whom, and also how the costs shall be shared.

Excellent! Can you point me towards a legal definition of "a true Moo Baan" and the law concerned - I'd be very grateful. Current score is that 27 out of 36 owners are refusing to pay the service charge.

[stgrhe]

Unless you signed a contract for the so called services, tell them where to go

Yes I agree! Unless you have not signed anything you are not legally obliged to pay for anything.

If the estate is a true Moo Baan the developer is by law obliged to hand over the estate to the Moo Baan when half of the estate has been sold to new owners. The members will then elect a committee that decides what services the estates requires, how it shall be done and by whom, and also how the costs shall be shared.

Excellent! Can you point me towards a legal definition of "a true Moo Baan" and the law concerned - I'd be very grateful. Current score is that 27 out of 36 owners are refusing to pay the service charge.

I do not have the law text but the definition of a moo baan is written in the Land Allocation Act if I am not mistaken. It explains among others the permits needed by the developer and what services the moo baan must have. Also, again if I remember it correctly, the development must consist of nine or more plots to qualify as a true moo baan.

Some developers try to circumvent the land allocation act by not splitting the land into different title deeds and thus keeping just one title for the entire development. This means that a lease holder in fact just leases, in legal terms that is, an undefined part of the land and not a defined, and registered, plot.

[yang123]

Brilliant! Thanks for the swift and informative reply.

In breaking news, a letter has just arrived from the developer explaining why promised services have not been delivered. Seems "we could not do more of our assurances because we had been struggling with economic situation and management". If my aunt was still alive, I'm sure she'd be giddy!

[stgrhe]

Brilliant! Thanks for the swift and informative reply.

In breaking news, a letter has just arrived from the developer explaining why promised services have not been delivered. Seems "we could not do more of our assurances because we had been struggling with economic situation and management". If my aunt was still alive, I'm sure she'd be giddy!

That was an odd explanation because they are actually telling you that they are incompetent and near bankruptcy. I sincerely hope you have not made the final payment yet.

In which part of Thailand is the estate located?

[yang123]

Yesterday's development: it emerged that the Thai tax authorities did a random mail shot to several house-owners asking what price they had paid the developer. The developer is now facing a tax bill of 10 million baht for undeclared income.

Our place was built by a relative's company rather than the developer (own title deed, water and electricity provided directly by the utility companies). I haven't paid the disputed service charge and nor have the vast majority of the house-owners. For the moment, the ball is now on the developer's side of the net. Legal advice being taken on our side.