Real Estate Lawyer Referral For Condo Damage Dispute

[Jingthing]

The title says it all. Do you know a good cost effective local lawyer who can help with conflicts between condo owners when one owner's condo has damaged the others and the damaging party is not cooperative in fixing the problem causing the damage and paying for damages? Don't say ask the condo management to help as they aren't interested.

Also if anyone has experience with these kinds of conflicts (from either side) can you tell me what is the general legal standard for such conflicts? I assume an owner of a condo at fault (assuming they agree there is fault) is legally responsible to both correct the continuing cause of the fault and also to repair any damage already done? But that's just common sense to me; I know nothing of the actual Thai condo law.

Edited December 14, 2010 by Jingthing

[neilf]

depends on the damage cost-------------i dont think a lawyer here will do anything for less than at least 5k in up front fees

[Jingthing]

depends on the damage cost-------------i dont think a lawyer here will do anything for less than at least 5k in up front fees

Yeah, understood. In this case, I'm talking water damage and I need her cooperation to fix it, so even if I pay for the damage repair if she doesn't fix the source, I will have to keep fixing it again and again. That's worth more than 5k. Maybe this topic belongs in the REALLY BAD NEIGHBORS thread in another forum.

Edited December 14, 2010 by Jingthing

[LennyW]

Check out the real estate forum, from time to time members have posted links to the condo laws in both English and Thai, sorry cant be more help than that.

[Basil B]

As a condo co-owner you need to report it to the Juristic Person, (If you feel the Juristic person is not doing their job, tack it up with the management committee).

As it is damage to the structure of your condo find out if it is covered under the condominiums insurance?

Pursuing the owner of the offending condo would probably not achieve any results, more probable they had let it out and blame the tenant, telling you it is his fault, "you ask him to pay".

Do you have insurance?

If so:

• Will it pay for such damage (and possibly claim back against offending party)?
• Or will it pay for your legal expenses?

[Rimmer]

I can move this to Real Estate if you want but methinks at the moment you are looking for a Pattaya Lawyer right.

[ThaivisaInsurance]

This type of problem happens often due to the poor (rushed?) way condos are built. The simple and cheap way to protect yourself is to take out Condo insurance - before anything happens ! This special insurance pays for water damage to your condo PLUS any damage you may cause to other condo units i.e by your water damaging their property.

For dedicated Condo insurance please go HERE

[LennyW]

This type of problem happens often due to the poor (rushed?) way condos are built. The simple and cheap way to protect yourself is to take out Condo insurance - before anything happens ! This special insurance pays for water damage to your condo PLUS any damage you may cause to other condo units i.e by your water damaging their property.

For dedicated Condo insurance please go HERE

The actual very best way to protect yourself...............................is buy a house and give yourself a life!!!!!!!!!!!!!!!

[Jingthing]

Update, I probably won't be needing a lawyer. I don't have insurance and while I recognize that is a good idea, I have also determined in such cases it is specifically the legal responsibility of the owner of the damage causing unit to repair both the source of the damage and the damage to other units. So in such cases, the insurance would be more for the damage causing owner, rather than damaged unit's owner. However, the law and enforcing the law (getting the responsible owner to act) is a separate matter.

After this experience, I will think about getting insurance for future events, especially as the next time there is a problem I may the person responsible for the damages.

Another bit of false info on this thread, condos in general are not responsible for anything that happens inside the condo, so if your ceiling is damaged by a problem from the interior of another condo, that's your problem along with the other condo, not the condo buildings, in general. On the other hand if there's some kind of issue with the exterior of the building, or the hallways, elevator, etc. of course that's the condo building's business.

As far as condos vs. houses, give it a rest. All kinds of housing have different problems. At least high rise condos don't usually have SNAKES. Usually anyway.

Edited December 15, 2010 by Jingthing

[LennyW]

Update, I probably won't be needing a lawyer. I don't have insurance and while I recognize that is a good idea, I have also determined in such cases it is specifically the legal responsibility of the owner of the damage causing unit to repair both the source of the damage and the damage to other units. So in such cases, the insurance would be more for the damage causing owner, rather than damaged unit's owner. However, the law and enforcing the law (getting the responsible owner to act) is a separate matter.

As far as condos vs. houses, give it a rest. All kinds of housing have different problems. At least high rise condos don't usually have SNAKES. Usually anyway.

Only 2 legged ones Jingthing - take care!

[PattayaParent]

Jingthing, in the Condo Rules applicable to the building I live in there is a specific provision that states a unit causing the damages is responsible for the repairs of other units affected and that the condo juristic person may disconnect the utilities of the offending unit if they refuse.