Moo Baan Owner Invites Businesses Into Residential Area

[ianf]

We are in the process of applying for Nitti Bookon (Juristic person status) for our Moo Baan in Chiang Mai with the full cooperation of the Moo Baan owner who, as far as we understand, wants this process to go ahead. It is a high security Moo Baan with extra security paid for by the American Consulate. Located Chiang Mai. Moo Baan owner has giiven permission for a Water Therapy physical therapy clinic to open in the centre of the Moo Baan, bringing in 50 customers a day plus a lot of staff and extra vehicles through deliveries and so on. The Therapist is pretty adamant that he will go ahead. The Moo Baan owner continues to allow him to do this. The original sales brochure for the land and housing emphasised that this is a residential area. Obviously there is collusion in Thai style somewhere behind the scenes but I am interested to know the views of others on this forum. We will take legal advice and there are precedents ion Thailand where businesses have been closed. But this takes years. Any thoughts????

[Khun Jean]

Why you need 'views' from others.

It is plainly against the rules and you should together with other residents make sure this ends.

Don't complicate things.

[dave111223]

It would be one thing if it was a mom and pop doing a bit of business out of their garage. But an actual "clinic" (I'm assuming not in someone's home?) in the middle...definitely over the line; especially if they allow customers from outside the moobaan to come in.

[rics21]

I have seen this kinda of establishment often. Both in Bangkok and the upcountry. There is nothing you much you can do.

Sent from my XT910 using Thaivisa Connect App

[Bung]

Which moo baan is it? I am looking for some physio and this sounds interesting.

[Delight]

With respect to this post I asked the following Q

to an internet law company.

Q.

I am aware of the Condo. Act -designed to give protection to Co -owners.

Is there similar legislation to cover walled housing projects-often referred to as 'Moo Bahns'?

There response was as follows:

A.

There is similar legislation for official government licensed housing projects in Thailand, but these rules only apply to a freehold (not leasehold) purchase in a government licensed housing project. In addition foreigners in Thailand often deal with private housing developments or are buying leasehold and the rules do not apply.

-------------------------------------------------------

Base on this response t sense that you have no rights over any activity outside your own property.-unless it is a government licensed housing project-in which case it appears that you have protection

If not such a scheme then it seems that you do not have any rights at all –other than those which feature in the purchase contract. You also may not have any responsibilities.

Reference the Juristic Person statement.

Juristic Person status simply gives protection from external creditors.I must confess not to understanding the benefit in your case. If the Moo Baan has no legal status -then who are you protecting yourself from?

[Langsuan Man]

Already posted by the OP here :

MOD, please consolidate to one thread