Legal Help About Moobahn

[Dirk_brijs]

would like to try and find out what our legal options are for the following issue we have in our MooBahn

we are currently in an impasse in our community with several people not willing to contribute any longer in the expenses connected to maintenance and security.

with the result of having no more security now for a few months.

Now we had a little meeting with a few of us and want to restart the security and want to know what we could do to make live of the non payers as none pleasant as possible within any legal borders.

For example we could brief the new security guards not to open the door anymore for the non payers? No allowing any cars to enter?

not sure on how far we can go in this?

Anyone advise or experience.

[saorsa]

I think if you start doing that, you will end up with a lot more problems than people not wanting to pay their share.

[guzzi850m2]

Don't you have a Moo Baan "Chief" or spokesman? Yes its a bit tricky and best to leave it to the Thais, don't you have a high ranking Thai official in the village?

In my Moo Baan the developer still runs the village as +20% of the plots are still not build/sold, they recently forced the cheap charlies to pay or they will complain to the land office as according to the rules set up for each Moo Baan, the expensive s have to be paid equally between the house owners but maybe depending of plot size. This is my wife that told me this, are not too sure about she understand it 100%.

I hope you get it sorted, not good with no security guards around. I happily pay my 9800 bath pr year for guards, renovation & pool. My moo baan have app 100 houses in it.

[JaiLai]

Don't you have a Moo Baan "Chief" or spokesman? Yes its a bit tricky and best to leave it to the Thais, don't you have a high ranking Thai official in the village?

In my Moo Baan the developer still runs the village as +20% of the plots are still not build/sold, they recently forced the cheap charlies to pay or they will complain to the land office as according to the rules set up for each Moo Baan, the expensive s have to be paid equally between the house owners but maybe depending of plot size. This is my wife that told me this, are not too sure about she understand it 100%.

I hope you get it sorted, not good with no security guards around. I happily pay my 9800 bath pr year for guards, renovation & pool. My moo baan have app 100 houses in it.

Report it to the land office, i believe they can put a "leen" on the house which creates a problem for the people who never paid the fees when they go to sell it, i think that's how is works.

Someone with more experience about this i am sure will chime in with more info.

IMO i pay way to much for my fees, they could be halved and it would still be plenty for the upkeep of our moobaan.

[Dirk_brijs]

we discussed the option already for recovering the money when the house is sold but this actually doesnt help us allot now as we need to get that security back and they dont wait to get their wages paid till someone decides to sell their homes.

Their must be a way to make the lives of some of the non payers less pleasurable or not?

[johnnyk]

The moobaan must be an established legal entity in order to enforce payments. If it is not formed and registered as a legal entity (juristic person) it has no legal standing thus no authority. In such a case it is basically only an informal home owners' association.

If the jurisitic person has been formed then it can have power over water, for example, and have the ability to shut off the deadbeats' water. It can also register liens against the non-paying properties for the amounts owed and sale can be prevented until the lien is cleared.

Edited July 4, 2012 by johnnyk

[PattayaParent]

At my moobahn they posted the number plates of non payers at the gate house and put up a sign to the effect that if you haven't paid your maintenance then you open the gate yourself. Don't know if they did anything else with water or electric.

[AnnyLing]

The moobaan must be an established legal entity in order to enforce payments. If it is not formed and registered as a legal entity (juristic person) it has no legal standing thus no authority. In such a case it is basically only an informal home owners' association.

If the jurisitic person has been formed then it can have power over water, for example, and have the ability to shut off the deadbeats' water. It can also register liens against the non-paying properties for the amounts owed and sale can be prevented until the lien is cleared.

Thailand does not have the american procedure of slapping liens on a property and neither can a home owners' association shut off the public water supply to any private building.

[AnnyLing]

we discussed the option already for recovering the money when the house is sold but this actually doesnt help us allot now as we need to get that security back and they dont wait to get their wages paid till someone decides to sell their homes.

Their must be a way to make the lives of some of the non payers less pleasurable or not?

Of course there is. But the question remains whether you are willing to tolerate the backlash.

[Delight]

The moobaan must be an established legal entity in order to enforce payments. If it is not formed and registered as a legal entity (juristic person) it has no legal standing thus no authority. In such a case it is basically only an informal home owners' association.

If the jurisitic person has been formed then it can have power over water, for example, and have the ability to shut off the deadbeats' water. It can also register liens against the non-paying properties for the amounts owed and sale can be prevented until the lien is cleared.

1I am certain that there is no specific legislation pertaining to 'Walled Villages 'as there is with Condos

2) 'Juristic Person ' status simply gives a shield of protection to the entity involved i.e assets and people. It does not in itself give rights to sell services and collect monies.

If I am right then it is ,as johnnyk states - it is basically only an informal home owners' association

Can someone correct me on my view of things?

[johnnyk]

The moobaan must be an established legal entity in order to enforce payments. If it is not formed and registered as a legal entity (juristic person) it has no legal standing thus no authority. In such a case it is basically only an informal home owners' association.

If the jurisitic person has been formed then it can have power over water, for example, and have the ability to shut off the deadbeats' water. It can also register liens against the non-paying properties for the amounts owed and sale can be prevented until the lien is cleared.

Thailand does not have the american procedure of slapping liens on a property and neither can a home owners' association shut off the public water supply to any private building.

I beg to differ, a sale can be prevented, not a lien in the US sense but certainly a problem can be created for the non-payer. If the property is individually metered for water you are correct, as long as he pays his water bill he can't be cut off, my mistake. Water can be cut off if the supply goes through one central meter for the mooban. This is the case in my mooban where we are still battling the developer to form a juristic person.

[w11guy]

If you start getting petty, expect similar treatment in return. I think you need to accept the majority decision and move one. The ones that don't want to pay have rights as well. Maybe they don't have the money or prefer to spend it on other things. I understand you're in a difficult situation but if there is legal basis for them paying then they don't need to. You can't force others to pay for services that you want.

Edited July 7, 2012 by w11guy