Not Paying Their Maintenance Fee

[Brian62]

Hi, i live in a village in pattaya, i while back we started a committee in the village that will take over from the land lords, the village maintenance have not been so good for a few years.

The reason for this is that a lot of people have not paid their maintenance fee for a few years back in time, the land lords was not willing to give out the information about who has paid or not paid the maintenance fee.

Is it possible to get this information from somewere in pattaya?

[JAS21]

It is very likely that the only person with that information is the guy/company that run the Village finances. Normally in a new village, fees are included in house purchase for 1,2 or 3 years. Whoever should keep proper accounts and when responsibility is handed over then so should be the accounts and any monies.

There should have been initially set up the 'Village Rules' it has a special name and when the house was purchased the buyer signs on to them, agrees to pay a monthly Maintenence Fee etc ... you need this document.

If people won't pay the fee it's difficult ... in our village we take them eventually to court and also get a marker put on the house at the Amphur such that it can't be sold without the back fee being paid.

I hope that you have a committee of 'doers' ... we find that most of the committee members like to talk about it (around and around) but never do it ... good luck.

Edited October 10, 2012 by JAS21

[wayned]

Most likely the old viiiage managemnet doesn't have any records!

The village where I have a place in in Bangkok had the same problem, they literally didn't have any records. Some places were sold with maintenance included for 2, 3, etc years but nobody know who was on first and what was on second. They have now started keeping records and change the color of the parking permit every year and won't issue a new permit unless you are up to date. I have an outdated pass since I am always going in after hours and they have never stopped me. The maintenance hasn't improved, the grass/weeds are 1 meter high in the playground and when you complain they just "smile".

[Delight]

The IMF forced the Thai Gov.-back in the 70’s to introduce the Condo Act –it was a condition for loan.

There is no legislation to support house owners in a ‘Walled Developments’.

As I see it each, owner simply owns his house and the land associated with it (unless it is leased).

Therefore the owner of the balance of the area supplies a concession to allow access to each house . Possibly this concession has some legal authority.

Given that the land owner has now no commercial interest in the land that he/she technically owns-it may be possible to set up a company with Juristic person status and persuade the land owner to sign this land over to this new company.

With this in place then funds will have to be generated to purchase a card operated barrier and a security CCTV system.

Those with up to date fees will have functioning cards. Those who don’t will not.

These fees will have to be pitched such that the capital costs are re-covered over time.

This is the best that I can come up with.

I am not saying that it is good –just one idea.

Perhaps other contributors could submit their ideas.

Edited October 10, 2012 by Delight

[sotsira]

As you say that you've started a new committee, as i understand, it needs to be registered with the land dept,

or City Hall, to legitimise it.

Once this is done then you need to make an official complaint to the landlord for withholding critical information,

if he doesn't comply then you need to go to see a lawyer and take it from there.

You could also seek advice at City Hall too.

Your first problem is the landlord who has been responsible for the upkeep of the village, then the non payers.

[ignis]

Had the same problem is our Village, pay a Management fee, Security, Gardening, rubbish collection, Maintenance, Electric for street lighting etc... some did not pay the 780 baht per month

We set up a committee about 3 years ago, we now pay 300 baht per month, we have CCTV for the daytime, and employ a Security Guard privately for nights, rubbish collection is 2x week @ 20 baht per week, paid every 6 months directly to rubbish collection Company, 1x per month we all get out the black bags, brooms, clippers etc and we all work from one end to the other end of the Village as a team, street lighting a minor repairs come out of the 300 baht, as of last month we have 29,800 baht in the kitty so have a bit in hand if anything Major comes along..

We have a Newsletter every month, listed are items paid for. what is in the Bank and who has paid and who has not and for how long.. every 2 months we have a meeting, 2x year we get those tents and chairs and have a Party with live music.. we all make and take food..

Guess it is how big the Village is ? here is just 63 detached houses, 5 of which are empty,, here we all know each other by christian names and help each other out if a problem, me being the only non Thai everyone appears to know me by name for km's around..

[Delight]

As you say that you've started a new committee, as i understand, it needs to be registered with the land dept,

or City Hall, to legitimise it.

Once this is done then you need to make an official complaint to the landlord for withholding critical information,

if he doesn't comply then you need to go to see a lawyer and take it from there.

You could also seek advice at City Hall too.

Your first problem is the landlord who has been responsible for the upkeep of the village, then the non payers.

The Land Office and The City Hall are government agencies.

Where is the legislation to support your suggestions?

Does anybody have evidence that Committee registration etc .(in the context of this post) . has actually occurred - anywhere in Thailand?

Where does it state that the land owner is legally responsible for keeping his land tidy.

[meatboy]

i think you will find every mooban has this problem,our maintenance fees [3years] are nearly up and the service is crap to say the least,its just a way of making money to pay his office staff.trying to get most owners to stick together goes in through one ear and out the other.ours is only a small mooban 50houses but most would rather see it like a shit house.give you one example my wf spoke to one of the neighbours about security sleeping on the job the reply was he got to have some sleep.say no more,like the saying you cant flog a dead horse.

[smutcakes]

The owner should be a registered business and as such there are online data company programs which should hold the companies audited accounts- which could be the first place to look, although unless it is a seperate entity for purely running the estate, it will probably be all in together so difficult to decipher.

Have you checked your SPA agreement, or lease agreement as to what the vendors ongoing liabilities are in terms of management of the estate/disclosure etc? If it is a housing estate you could have a look through housing association law, which although not as pro-active as Condominium law in dealing with these issues, it may give a starting point.

As they are a company running the estate, it will be covered by the commerical law as well, so in these types of development lawsuits can be brought about and you may get the undisclosed info that way, although it would seem a fairly expensive and time consuming route to take.

[Fgis]

In a condo utilities as water and electricity would be cut if someone didn't pay, why not also doing it in village ?

[ignis]

In a condo utilities as water and electricity would be cut if someone didn't pay, why not also doing it in village ?

maintenance fee.= cleaning public areas, Security, Lighting of public areas, repairs of public areas etc,.....

​Some Condos I believe you have to buy water and electric from the management, but that would be charged as to the amount used per Condo.

[Delight]

In a condo utilities as water and electricity would be cut if someone didn't pay, why not also doing it in village ?

The action of denying services ,as a consequence of unpaid maint. fees,is supported in law at a condo.

Similar action in a Moo Bahn would be strictly illegal.

As I stated in my earlier post -there is no legislation to support/control either the house owner or the provider of services.

The earlier post by 'ignis' seems about the best system . Persuasion using Community Spirit/Good communication as motivating force..