Resort Condo Matters On New Build

[rayongchelsea]

Hello

I am the co-owner of a condo on the beach in rayong. The JP is a 3rd party with the PM managing the project from Bangkok, there appears to be a definate lack of transparency and willingness to answer questions.I need some advice on the following:

1. Juristic person. This is a legal entity, so I presume the co-owners are the shareholders. Is this correct. On buying and selling is the share register automatically updated by the JP.
   
2. If the JP is a legal entity and a 3^rd party ( well know brand) is running the JP office, I presume there will be a contract with the legal entity JP and the 3^rd party, in a new condo I presume that initial contract was signed by the developer. Is this contract available at the land department.
   
3. If the common fee was raised at the last agm without the 75% majority vote, plus they had not notified all residents of the agm and bulldozed thru the increase this must be illegal – what is the recourse.
   
4. To remove the JP is 50% voting the only recourse, are there other ways, they clearly manage this project on the basis that most of the tenants are not here 90% of the time and that it will be difficult to co-ordinate etc..so they use the place to make money as their primary objective.
   
5. If you find that the swimming pool area has not be transferred to the co-owners of the pools and villas ( this is a resort type complex on the beach) but is still in the hands of the developer with permission for co-owners to use, is this normal?, I presume the only recourse is a legal one.
   
6. What is an Estate Juristic person, this entity is entirely separate from the JP running the administrative office. We pay a fee to them every month. I have never heard of them. Of course I have asked the 3^rd party running this complex but I have received no answer.
   
7. There is a 5 year warranty on the condo and of course the developer is not really interested. The jp doesn’t seem to want to enforce this warranty ( they have a relationship with the developer on other sites). If we insist that they take legal action but refuse, is this grounds for termination?
   
8. Is it possible to get all the names of co-owners and their contact address at the land department, is this readily available – JP refuses to give us this info.
   
9. Can the JP resist an independent audit..if they do so is this grounds for termination.
   
10. As this project is nearly complete except for one area is it possible to get from the land department what building permit has been issued and for what, and do they have to notify (by law) the co-owners of the condos and villas before starting and provide compensation(!!)
    
11. Finally can someone recommend a lawyer with a condo/ real estate background. We need all contracts reviewed are they prejudicial against the co-owners in favour of the developer, probably. Who ownes what?, who is responsible for what?,who pays what?, who receives what?
    What is common property? What is common infrastructure? - We need independent advice.
    

Conclusion:Note of caution: When buying off plan into a resort type complex, make sure you ask the additional question of who owns what in terms of the common property and what is the structure of ownership of the whole project not just your condo.

Thanks.

ps. There is an agm after songkran and I have already asked all these issues to be placed on the agenda at the agm but when I received the invitation they had not been, so I want to go in somewhat prepared.

[hhgz]

You should familiarize yourself with the Condominium Act, and it is part of the real estate thread. Too, several of your questions seem to be related to the unit sales contract, and that should be read closely. It is legal for you to place a letter in the other co-owners' mailboxes, and raise their attention level. Too, the AGM meetings generally end with an "is there any new business", and that's your cue. Finally, it is legal for you to go to the Land Department, and complain. Generally, they understand more Thai than English, and you should bring a fired that speaks fluent Thai.

[rayongchelsea]

Hhgz

Thank you.

As we have a large company managing our juristic office and property management, would the contract be lodged at the land department.