Problem In Moobahn

[Dirk_brijs]

Bought a house about 4 years ago inside a gated community here in pattaya.

Now all is well as all houses got sold real fast so all tennants were known. Some houses stay empty though as one always have people buying hosues for the investment idea of it but anyway all seems well.

The community cost are tagged int eh initial sales contract for 2 years to be paid upon completion of payment.

Now the 2 years have passed and the MooBahn has taken control of the payment of those. There is no pool so only security, Street lights and the maintanance of the street and front garden as well as outside walls.

No this has gone OK for the past 2 years but now several houses seem not to be paying anymore which resulted in our security now being scrapped and all others.

Now my question is there any legal obligation to house owners inside a moobahn to pay these costs or none?

How would you guys deal with the non payers if no legal ground?

Hope you guys can give me some advice as I dont want to loose this security and keep our MooBahn in a good condition.

please help

[MANICMINER]

i think this happens on every gated community or apartment block, because people do not want to pay the high maintenance fees. what usually happens is some of the residents forms a commitee, who collects fees and arranges for just the essentials: lighting, security, waste disposal etc etc.

[culicine]

Im not sure if it is too late for your village, but we had the same issue when the committee was formed after the 2 year period. I don;t know the details but house owners are now legally obliged to pay the fees. Not sure about those people who don't occupy the houses though. I was told 9at my previous village) that you could not sell the house if all village fees had not been paid.

We recently got rid of the last security company. They wanted a hefty increase in their fee - when this was refused we quickly had a couple of break-ins occur. Just a coincidence? I think not...but we never had a problem with them - many even stayed to protect the village during the floods (6 weeks). Not one burglary occurred in that time.

You wouldn't have me working on the committee for quids!

[JAS21]

OK this is how it should work ...

When the village is handed over a committee are formed, voted in at an annual meeting. Any money left over is also handed to the committee. A constitution is written and voted on.

House owners, whether they live there or not are legally liable to pay the fees. I assume that any unsold houses, those fee should be paid by the builder.

We have the none payment problem, after 6 months they are taken to court by the committee ... we have a village manager who does this but our village comprises of about 300 houses.

At court you will win, and then interest accrues on the money owning. The 'ower' will also have court costs awarded against him, so these add to the account. If still no payment then back to court and this is serious for the house owner as he has ignored the courts decision.

Now this is Thailand and the house owner won't like what is happening. It is very unadvisable to publically name names or to put a RED X outside the house!!! Play it as low key as possible.

Being on the committee can make enemies ... I've been on the committee, my wife was the vice president last year and would have made a great chairman but is not that well so she opted out. We are lucky in that we have a high ranking policeman, a lawyer, businessmen etc ten people in all on the committee. If people don't want to be on the committee ... although usually somebody likes the 'status' ... it's bad news.

Yes ... a marker can be put on the house at the amphur office and that house cannot be sold until the debt is paid.

Good Luck

[Delight]

I am curious! Hello

Is there a legal framework that specifically deals with MOOBARN's ?

(If nobody knows the answer -please ignore this post)

[Dirk_brijs]

so a;; those fees needed like security and maintanance should be set up legaly by a lawyer?

would that be best?

and if done every hous in the moobahn would be legaly bound to them?

[PattayaPhom]

Nothing like living in paradise

[tingtongfarang]

The moo baan where i stay has another problem, The cost per month used to be 400bht which i thought was quite a lot but the manager of the moo baan ( owners son) decided to put the charge upto 600bht and the only improvement was a key card system with an electric barrier, Which seems to be broken more time than it actualy works... either a technical malfuction or it comes down on a car passing through, There is no comitee and nothing is voted on and all decided by the manager and his father, No pool or facilities...only a lady who sweeps the street and security guys that you have to wake up to enter or exit,

I guess the automated barrier was installed to try and combat the non payers but it seems as a form of protest now there are even more non payers and about 80% of the houses have put up a for sale sign in order to make it difficult for the owner to sell the houses that are still being built...even houses which are rented have a for sale sign!

[lovetotravel]

Im not sure if it is too late for your village, but we had the same issue when the committee was formed after the 2 year period. I don;t know the details but house owners are now legally obliged to pay the fees. Not sure about those people who don't occupy the houses though. I was told 9at my previous village) that you could not sell the house if all village fees had not been paid.

That's how it works in our village. If you don't pay the fees, they come out of the sale of your house when it is sold. We had a few problems, but everybody is up to date now.

[Soboringtochooseaname]

What a chance to live in a house to have the same problems as in a building...