How Far Back In Time Allowed To Charge?

[frodo77]

The Juristic person in our condo has presented bills dating back to 2001.

Needless to say, many people no longer have their receipts to prove payment. So we are

being effectively charged twice. Is there a legal time limit for this?

[Boater]

what is she trying to make you pay? and how much ?

[frodo77]

Just over 4000 baht and approx same for every unit. She owns 40% of the units, which gives her

over 1 million. charges for everything - water,electric,laundry,tel, fees for reading meters etc etc.

Everyone knows she is corrupt, but owning 40% gives her the power to do this sort of stuff.

In Thailand money talks, and she has it. If you don't pay, she cuts off elec and water, which is

illegal but she does not care.

[VictorStone]

Actually, the Thai Civil Code defines different periods of prescription for different types of claims. Once these periods have lapsed, there is no way they can be claimed in court. For periodic maintenance payments e.g., the period is 5 years. There are other periods for other types of claims. You probably need to see a lawyer to figure out to which type of claim the individual invoices refer to, and thus figure out the period of prescription for each type of claim on these invoices. Some types of claims have prescription periods of just 2 years. Most likely though, most of the invoices for the older services are invalid by now.

[HampiK]

... She owns 40% of the units...

Everyone knows she is corrupt, but owning 40% gives her the power to do this sort of stuff.

In Thailand money talks, and she has it. If you don't pay, she cuts off elec and water, which is

illegal but she does not care.

I was thinking even when she own 40% of the units, if all other tenants stay together, she can't do that.. she have to leave her job as juristic person...

There is some law, which take care, that an owner or 1 person even when (s)he own 80% not have more rights, than the rest.

I think here are some person with more and better information than i.. but if the rest of the owners stay together, i think you can maybe do something...

[Crossy]

I was about to say for 4000 Baht I'd just pay up and forget it, but I suspect you mean 40,000 Baht which is a whole new ball game (please confirm the amount and I'll edit your post).

Time to get out the lawyer for advice

[frodo77]

Yes, its only 4000 baht. I managed to get it down to 3500 by presenting some past bills I kept.

I will just pay up as lawyers will probably cost more and also to avoid any hassle.

Mind you, this is what she is probably counting on. She even charged 30 baht for the 3 copies of the

sheets she presented me with.

[dave111223]

Pretty weird that the person who actually owns 40% of the entire building is working as a office nong down in the building office making photocopies...??

In our building we have a voted in committee and a manager of the committee; and then person who is paid by the building to run the office and handle billing etc.. In your case she is all of these positions?

If you believe that she is corrupt i would suggest getting a copy of the buildings account reports (that they are required to keep and are available to owners). If she in corrupt these accounts will probably be easily identifiable as fake (ie having the water pump fixed 10K every month etc...) Or the amounts of money in the bank accounts simply won't match the amount that should be there.

You'd do well to remove this person as quickly as possible if she is actually corrupt because it will severely harm the building in the long run...if maintenance money is going into her pocket instead of servicing the building.

Edited October 3, 2010 by dave111223

[frodo77]

We would love to get rid of her, but this is Thailand.

1. No Resident Committee.

2. No bulletin board with monthly financial postings - never has been.

3. Bills presented for work which are grossly overpriced.

4. Don't pay your bill - water and electric cut off. Call Police and she pays them off. She then charges 850 baht to turn water on.

5. She is well known in the courts and has at least 2 companies in her name.

There is difficulty in getting owners together as many are farangs who only come for vacations. It is a nightmare.

Even if we could force a meeting and with only 25% owners get her out, she would only walk back in 1 year later.

As I said, money is power here.