ianf Posted August 23, 2012 Share Posted August 23, 2012 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 organised by the American Consulate. 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 in Thailand where businesses have been closed. Grace School on World Club land is one example. But this takes years. Any thoughts???? Link to comment Share on other sites More sharing options...
slapout Posted August 23, 2012 Share Posted August 23, 2012 Go to the local tambon office and visit with the man in charge. If its zoned residential and most moo baans are, he can shut them down very quickly.. Link to comment Share on other sites More sharing options...
KRS1 Posted August 23, 2012 Share Posted August 23, 2012 a sales brochure means nothing. why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. Link to comment Share on other sites More sharing options...
muchogra Posted August 23, 2012 Share Posted August 23, 2012 ianf, please elaborate a bit more cos I'm not quite clear about your situation. Does the therapist also own a home in your moobaan and now he/she is turning his/her property into a commercial establishment? Or, is he/she using a moobaan facility to run his/her business? Our old maid and her husband are missing us for we moving to CM. I'm thinking of buying a new home in our moobaan and let her run a convenient store since there isn't any here. Frankly, I don't know the rule in our moobaan but I did ask the manager if there's gonna be a convenient store be built in the future. She said there would be one in the club house in the future when they "finish building"! Link to comment Share on other sites More sharing options...
ianf Posted August 24, 2012 Author Share Posted August 24, 2012 (edited) a sales brochure means nothing. why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. The whole Moo Baan is up in arms: Thais and farangs. Your answer here is not needed, thanks. And try spelling lively hood as livliehood. It's one word. Edited August 24, 2012 by ianf Link to comment Share on other sites More sharing options...
Popular Post kevjohn Posted August 24, 2012 Popular Post Share Posted August 24, 2012 a sales brochure means nothing. why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. The whole Moo Baan is up in arms: Thais and farangs. Your answer here is not needed, thanks. And try spelling lively hood as livliehood. It's one word. Try "livelihood" 6 Link to comment Share on other sites More sharing options...
Greenside Posted August 24, 2012 Share Posted August 24, 2012 (edited) a sales brochure means nothing. why are you so terrified about this clinic? Do you live next door? See if your view changes when a car repair workshop sets up in your "quiet" development - grinders and dust for 5 or 6 hours a day along with the bracing smell of the finishing products will doubtless strain your mai pen rai attitude. People buy into secure gated type developments to avoid that kind of issue and if the developers market it as such then anyone has a right to feel aggrieved. To the OP: The brochure does count for something, especially if it categorically states that businesses are not allowed or must be confined to certain areas. However, having right on your side counts for very little when up against entrenched management. Most important advice: keep the Thai house owners on board and let them lead the action or it can quickly become presented as a Thai/farang conflict and be prepared for a drawn out and and potentially costly affair. If the money or loss of face is significant, expect them to use every trick possible to harass you and try to make you give up the cause. Edited August 24, 2012 by Greenside 1 Link to comment Share on other sites More sharing options...
hml367 Posted August 24, 2012 Share Posted August 24, 2012 (edited) I have a "dog farm" moved into the house right next to our house. It is a business, not just someone with a lot of dogs. Very noisy and guess where the "waste" gets dumped. MSPain Edited August 24, 2012 by hml367 Link to comment Share on other sites More sharing options...
ianf Posted August 24, 2012 Author Share Posted August 24, 2012 a sales brochure means nothing. why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. The whole Moo Baan is up in arms: Thais and farangs. Your answer here is not needed, thanks. And try spelling lively hood as livliehood. It's one word. Try "livelihood" Cool. Hoisted by my own petard!!!! As they say! Link to comment Share on other sites More sharing options...
uptheos Posted August 24, 2012 Share Posted August 24, 2012 a sales brochure means nothing. why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. The whole Moo Baan is up in arms: Thais and farangs. Your answer here is not needed, thanks. And try spelling lively hood as livliehood. It's one word. Try "livelihood" Cool. Hoisted by my own petard!!!! As they say! Maybe attach your petard to the offending establishment. 50 customers a day.......I never knew water therapy other than swimming, was that popular. Link to comment Share on other sites More sharing options...
ianf Posted August 24, 2012 Author Share Posted August 24, 2012 50 customers a day is the figure that the owner gave to the Moo Baan Committee. Link to comment Share on other sites More sharing options...
TommoPhysicist Posted August 24, 2012 Share Posted August 24, 2012 (edited) a sales brochure means nothing. why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. A recent Thai court decision ruled that a sales brochure for a housing development is part of the legal contract between the Mooban and the house owners. Original sales brochures should be kept and used to force management to keep their promises and agreements. If the management fail to keep their end of the bargain, you refuse to pay any Mooban fees until they do. I would actually suggest a Mooban wide refusal to pay any more fees. See how they like that! Edited August 24, 2012 by TommoPhysicist Link to comment Share on other sites More sharing options...
thaicbr Posted August 24, 2012 Share Posted August 24, 2012 a sales brochure means nothing.why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. Except from the sounds of things its not a 'neighborhood' its a private housing estate. I too would be pissed off if someone wanted to open a business that attracted customers into my private. Guarded housing estate. Outside no problem. That's were the shops usually are. sent from my Wellcom A90+ Link to comment Share on other sites More sharing options...
Puwa Posted August 24, 2012 Share Posted August 24, 2012 I too would be pissed off if someone wanted to open a business that attracted customers into my private. ...insert inappropriate comment here... Link to comment Share on other sites More sharing options...
JeffreyMcCollum Posted August 24, 2012 Share Posted August 24, 2012 a sales brochure means nothing. why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. A recent Thai court decision ruled that a sales brochure for a housing development is part of the legal contract between the Mooban and the house owners. Original sales brochures should be kept and used to force management to keep their promises and agreements. If the management fail to keep their end of the bargain, you refuse to pay any Mooban fees until they do. I would actually suggest a Mooban wide refusal to pay any more fees. See how they like that! Please note the exact case number and case name, That is needed to use this informationin other related cases Link to comment Share on other sites More sharing options...
JeffreyMcCollum Posted August 24, 2012 Share Posted August 24, 2012 Haven't know the U.S. Consulate to do any kind of security. Just not within their authority or scope of duty. They use Thai rent a guards at their location to save funding. And I have not found a high security Moo Baan in Thailand yet. Usually drive right past security. And those few that do stop me a simple can of Pepsi will get me in Link to comment Share on other sites More sharing options...
elektrified Posted August 24, 2012 Share Posted August 24, 2012 Haven't know the U.S. Consulate to do any kind of security. Just not within their authority or scope of duty. They use Thai rent a guards at their location to save funding. And I have not found a high security Moo Baan in Thailand yet. Usually drive right past security. And those few that do stop me a simple can of Pepsi will get me in That is not particularly true in some moobaans in Bangkok. Some have very high security. Link to comment Share on other sites More sharing options...
KRS1 Posted August 24, 2012 Share Posted August 24, 2012 a sales brochure means nothing.why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. Except from the sounds of things its not a 'neighborhood' its a private housing estate. I too would be pissed off if someone wanted to open a business that attracted customers into my private. Guarded housing estate. Outside no problem. That's were the shops usually are. sent from my Wellcom A90+ i wouldnt be pissed, but thats just me...im not an asshol_e.im sure they have the good sense to move when the business scales up anyway. Link to comment Share on other sites More sharing options...
KRS1 Posted August 24, 2012 Share Posted August 24, 2012 a sales brochure means nothing. why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. A recent Thai court decision ruled that a sales brochure for a housing development is part of the legal contract between the Mooban and the house owners. Original sales brochures should be kept and used to force management to keep their promises and agreements. If the management fail to keep their end of the bargain, you refuse to pay any Mooban fees until they do. I would actually suggest a Mooban wide refusal to pay any more fees. See how they like that! BS, show the article and proof you can read thai.If a brochure says its a residential area and makes no explicit remarks about commercial businesses being banned, they have no ground to stand on. Link to comment Share on other sites More sharing options...
KRS1 Posted August 24, 2012 Share Posted August 24, 2012 a sales brochure means nothing. why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. The whole Moo Baan is up in arms: Thais and farangs. Your answer here is not needed, thanks. And try spelling lively hood as livliehood. It's one word. its not like its an auto shop working grinders. Nor is it like 50 cars coming in all at once. Maybe more like 6-7 per hour which is nothing to bitch about. Maybe your other neighbors are also all grumpy old men, with nothing else to do but find something to bitch about. ps..livelyhood? livliehood....before acting like a smartass try spelling it correctly yourself first : live-li-hood all these bitchy farangs with their imported morals and values are ruining the country, dont like the way things work here...GO HOME 2 Link to comment Share on other sites More sharing options...
daoyai Posted August 25, 2012 Share Posted August 25, 2012 If the development is sold as a residential only moo bahn then the o.p. has every right to object. there may be a provision in the bylaws that allows for changes if the majority approve. By allowing an exception, you set a prcedent for more businesses to enter. "bitchy farangs with their imported morals and values are ruining the countery" KRS1, are you looking in the mirror? 1 Link to comment Share on other sites More sharing options...
DavidOxon Posted August 25, 2012 Share Posted August 25, 2012 a sales brochure means nothing. why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. The whole Moo Baan is up in arms: Thais and farangs. Your answer here is not needed, thanks. And try spelling lively hood as livliehood. It's one word. Link to comment Share on other sites More sharing options...
thaicbr Posted August 25, 2012 Share Posted August 25, 2012 a sales brochure means nothing.why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. Except from the sounds of things its not a 'neighborhood' its a private housing estate. I too would be pissed off if someone wanted to open a business that attracted customers into my private. Guarded housing estate. Outside no problem. That's were the shops usually are. sent from my Wellcom A90+ i wouldnt be pissed, but thats just me...im not an asshol_e.im sure they have the good sense to move when the business scales up anyway. Are you sure about that? sent from my Wellcom A90+ Link to comment Share on other sites More sharing options...
JeffreyMcCollum Posted August 25, 2012 Share Posted August 25, 2012 Haven't know the U.S. Consulate to do any kind of security. Just not within their authority or scope of duty. They use Thai rent a guards at their location to save funding. And I have not found a high security Moo Baan in Thailand yet. Usually drive right past security. And those few that do stop me a simple can of Pepsi will get me in That is not particularly true in some moobaans in Bangkok. Some have very high security. Maybe so, but I doubt it. And the OP speaks of Cm not BKK Link to comment Share on other sites More sharing options...
necronx99 Posted August 25, 2012 Share Posted August 25, 2012 I'm a bit confused. Did the brochure say "Live your dream in our lovely residential estate" or did it say "This estate consist of 50 residential plots and all sales contracts have restrictive covenants preventing any use of property for commercial or non residential purposes. These covenants will be mirrored upon the creation of the intended Juristic person" Did you do any due diligence to ensure it was the latter? in any event, having a physio/water therapy clinic on site almost sounds like an amenity. Link to comment Share on other sites More sharing options...
thaicbr Posted August 25, 2012 Share Posted August 25, 2012 I'm a bit confused.Did the brochure say "Live your dream in our lovely residential estate" or did it say "This estate consist of 50 residential plots and all sales contracts have restrictive covenants preventing any use of property for commercial or non residential purposes. These covenants will be mirrored upon the creation of the intended Juristic person" Did you do any due diligence to ensure it was the latter? in any event, having a physio/water therapy clinic on site almost sounds like an amenity. I think the point is how can you really provide a secure moo ban when you have Tom. Dick and Harry (and Harry IS a naughty boy with pictures to prove it) coming in and out? sent from my Wellcom A90+ Link to comment Share on other sites More sharing options...
necronx99 Posted August 25, 2012 Share Posted August 25, 2012 I'm a bit confused.Did the brochure say "Live your dream in our lovely residential estate" or did it say "This estate consist of 50 residential plots and all sales contracts have restrictive covenants preventing any use of property for commercial or non residential purposes. These covenants will be mirrored upon the creation of the intended Juristic person" Did you do any due diligence to ensure it was the latter? in any event, having a physio/water therapy clinic on site almost sounds like an amenity. I think the point is how can you really provide a secure moo ban when you have Tom. Dick and Harry (and Harry IS a naughty boy with pictures to prove it) coming in and out? sent from my Wellcom A90+ Again, did the brochure detail the level of security or just say there will be some bozo's at the gate to salute you as you drive through in a car with dark tint? Devil is always in the details.. Link to comment Share on other sites More sharing options...
soi41 Posted August 25, 2012 Share Posted August 25, 2012 Enjoy reading posts by MTTT-farangs, using the word "moo baan", what is wrong with project, devellopment or ghetto? Were I live we have projects with golfcourses, restaurants, spas within the walls of the gated project. All open to the public, which have to leave their ID-card upon entering. Never heard about any problems regarding that. See the watertreatment-business as an amenity and enjoy that it brings life to your neighbourhood. With American GI's taken care of security, you shouldn't have to worry If this is not your cup of tea, there are plenty of stonedead highserurity walled communities in Florida! Link to comment Share on other sites More sharing options...
happysanook Posted August 25, 2012 Share Posted August 25, 2012 a sales brochure means nothing. why are you so terrified about this clinic? Do you live next door? why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. The whole Moo Baan is up in arms: Thais and farangs. Your answer here is not needed, thanks. And try spelling lively hood as livliehood. It's one word. its not like its an auto shop working grinders. Nor is it like 50 cars coming in all at once. Maybe more like 6-7 per hour which is nothing to bitch about. Maybe your other neighbors are also all grumpy old men, with nothing else to do but find something to bitch about. ps..livelyhood? livliehood....before acting like a smartass try spelling it correctly yourself first : live-li-hood all these bitchy farangs with their imported morals and values are ruining the country, dont like the way things work here...GO HOME you must have your head far up inside your butt to think it's farang values that are ruining this country Link to comment Share on other sites More sharing options...
Rob8891 Posted August 25, 2012 Share Posted August 25, 2012 KSR1 made three posts (sorry I didn't use multiquote).... why do you feel the need to destroy someones lively hood? people like you back in the west really annoy me, thinking you own the entire neighborhood and play neighborhood cop. i wouldnt be pissed, but thats just me...im not an asshol_e. im sure they have the good sense to move when the business scales up anyway. its not like its an auto shop working grinders. Nor is it like 50 cars coming in all at once. Maybe more like 6-7 per hour which is nothing to bitch about. Maybe your other neighbors are also all grumpy old men, with nothing else to do but find something to bitch about. ps..livelyhood? livliehood....before acting like a smartass try spelling it correctly yourself first : live-li-hood all these bitchy farangs with their imported morals and values are ruining the country, dont like the way things work here...GO HOME I would suggest that posts 1 and 3 refute the first line of post 2, IMHO 1 Link to comment Share on other sites More sharing options...
.png.3b3332cc2256ad0edbc2fe9404feeef0.png)
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now