Common Areas Maintenance Fee

[Mikkihiiri]

I recently came into possession of a Unit in a condo in Pattaya. Actually I already paid the last stage payment on February 2011 but the developer still have to transfer the property, Title Deed, to my name. Talking to other owners I found out that in the current fiscal year some some Units were asked to pay a Common Areas Maintenance Fee of 45 THB/sqm per month and some others pay 55 THB/sqm per month. Those fees where actually written in the contract when we bought the Units. So some Units were sold with 45 THB/sqm and some other with 55 THB/sqm. I checked the Thai Condominium Act and reading section 14 and section 18 I understand that each Owner have to pay for all the common area maintenance and management expenses according to a % that is obtained by the ratio of the Owner's Unit sqm divided by the Total Units sqm. So it clearly seems to me that the developer is not applying the Condominium Act regardless of the fact that he wrote different fees in the contracts. Is that legal? Can he do something like that simply because he is still owning the property, even if we have already paid the full contract amount, so he feels free to apply all the rules that he wants?

Mikki

[Delight]

You are correct !

The only variable between one condo unit and other ,with respect to maintenance fees and other up keep cost ,are the areas of the condo as detailed on the chanotes. The nominal area of a condo unit does not count.(that said see below)

If it as as overtly illegal as you state -then you need to watch for other potential problems.

That will be about when /if the condo is occupied .

Developers have plenty of scope to mis -appropriate funds. All illegal . They rely on the naive. They rely on the fact that new condo owners will not operate as a team. Divide and rule is the order of the day.

All that the Act says or at least implies in relation to contracts ,is that they must be fair and reasonable.

Based on your story - Yours is not.

Naturally I have not heard his side of the argument.

He may have a valid case Chapter 5 Section 46 . Some co -owners can pay more-because they receive more than those who pay less.

Say for example the condo has a gym. Those who use the gym pay.The rest do not.

The other condo owners -with the same complaint -will want you to take him to court. They just want the benefit and non of the cost.Those with the lower fees are not your friends.

I would see a lawyer(a proper one) and get official legal advice.

Edited April 3, 2012 by Delight

[jbaldwin]

From your comment it sound like this is a newly completely building. Has it been registered is a condo with the land office yet? If is it not yet a condo then none of the provisions of the condo act apply. A developer can charge whatever you agree to paid for whatever services he chooses to provide.

If it has been regististered as a condo then all units most be charged the same amount per square meter of common fee.

Is a committee is place. Raise yout concerns with committee members.