Thai Law On Running A Commercial Enterprise In Condominium Complex

[phuketjock]

Anyone have any experience or knowledge on the legality of running a commercial business, such as hotel with

restaurant and bar inside a residential condominium complex?

I am not talking about the ground floor shop type units but using the condo units on other floors as restaurant/bar/kitchen

and hotel rooms.

Is this legal in Thailand??

[bubblegum]

I suppose it is if you have all the permits, after all there is the famous place in BBK that was in the movie Bachelor Party II

[stevenl]

I presume by law it is allowed, and it would be up to the rules of the condominium to ban things like that.

[LivinginKata]

Yes, I would more concerned about the contract rules of your condominium agreement. Most agreement have a provision to prevent this sort of activity.

[phuketjock]

Yes, I would more concerned about the contract rules of your condominium agreement. Most agreement have a provision to prevent this sort of activity.

Livinginkata thanks for the info,

Can you possibly elaborate on " the contract rules of your condominium "? how can I, as a condominium owner get hold of these rules?

[LivinginKata]

Yes, I would more concerned about the contract rules of your condominium agreement. Most agreement have a provision to prevent this sort of activity.

Livinginkata thanks for the info,

Can you possibly elaborate on " the contract rules of your condominium "? how can I, as a condominium owner get hold of these rules?

I have no idea whether you bought or rented. Whatever way there would usually be contract terms attached to that deal. Have a look through your paperwork or if you used an agent then talk to them.

[phuketjock]

Yes, I would more concerned about the contract rules of your condominium agreement. Most agreement have a provision to prevent this sort of activity.

Livinginkata thanks for the info,

Can you possibly elaborate on " the contract rules of your condominium "? how can I, as a condominium owner get hold of these rules?

I have no idea whether you bought or rented. Whatever way there would usually be contract terms attached to that deal. Have a look through your paperwork or if you used an agent then talk to them.

No contract that I am aware of, no agent just me, girlfriend (now wife) Thai friend (lawer) and the then owners

at land office for couple of hours, condo transferred to me. No-one from the condo management involved

Condo now mine complete with chanote title deeds. That was about 6 years ago. The then owner had to

produce proof at the land office that there were no outstanding bills for the condo, in the form of a statement

signed by the then condo management.

Edited January 8, 2013 by phuketjock

[LivinginKata]

No contract that I am aware of, no agent just me, girlfriend (now wife) Thai friend (lawer) and the then owners

at land office for couple of hours, condo transferred to me. No-one from the condo management involved

Condo now mine complete with chanote title deeds. That was about 6 years ago. The then owner had to

produce proof at the land office that there were no outstanding bills for the condo, in the form of a statement

signed by the then condo management.

You might not be aware of it, but for sure there will be a condo agreement document which covers a number of issues such as monthly maintenance costs, electric & water charges, misc utility charges, and the general rules of the building. This has nothing to do with the land registration office. It's a contract with the condo management.

[phuketjock]

No contract that I am aware of, no agent just me, girlfriend (now wife) Thai friend (lawer) and the then owners

at land office for couple of hours, condo transferred to me. No-one from the condo management involved

Condo now mine complete with chanote title deeds. That was about 6 years ago. The then owner had to

produce proof at the land office that there were no outstanding bills for the condo, in the form of a statement

signed by the then condo management.

You might not be aware of it, but for sure there will be a condo agreement document which covers a number of issues such as monthly maintenance costs, electric & water charges, misc utility charges, and the general rules of the building. This has nothing to do with the land registration office. It's a contract with the condo management.

I will have to look into that I guess, meantime thanks for your help and please

anyone with any knowledge on this, perceived or otherwise, do not hesitate

to chime in, Cheers.

[britpop]

I can't quite see how your business would work, how do the punters reach the business property, i suspect via a "common areas" ie lifts, walkways, entrance car parks, who pays for the extra maintenance, electric, cleaning, policing of these common areas that you will using more relative to other condo owners, if you, who sets the figures, why would your business benefit other owners, i could see it decreasing the value of there asset as in there condo, there will be a Articles of association related to your Condo, the rule to which the condo is run, depending on the size of the condo complex, a management system and just the other owners i suspect won't want a commercial business in a residential condo. sounds a great thai girlfriend idea.

Thats why it residential, no business, as soon as a number of fellow condo owners complained i think it would be business over, before it got started.

new condo laws as far as i know now say a room must have a minimum of 30 days (1 month) contract, i hear you cry "but i own it, i can do what i like with it", check with your lawyer friend and while your there, the realistic and sensible reality of doing what you are saying.

how bigs the condo complex, how many condo's in total, i'm busy doing bike repairs in my condo, i can't understand why the other owners object to me taking the oily bikes in the lift, i'm doing the spraying on the walk ways, tuning them up at midnight get all the owners singing along, there so bad, sounds like shouting, the old tires outside my front door make great places for rats to play in, so the oil i pore down the drains blocked the whole complex up, it only cost 60,000 baht to repair the system.

My GF wants to do massage in a condo, i can't understand how she makes so much baht in a single day and the playing cards her and her friends have are for telling the future, must work, she was reading her friends future and her friend borrowed so much money that night off them, luckily my GF didn't have money, so i give it to her, someone mentioned, naughty massage and gambling, but i had the last laugh as they are illegal.

Please explain your business plan a bit better, what experience do either you or your GF have in business or in the service industries, whats all this estimated to cost, who's your clientele, what style of cuisine, the list goes on and on, the big question "WHY"

[manly100]

off the top of my head the operation of a business within a condominium is not permitted under Thai law and would form part of the rules within registration of the building as a condominium.

[stevenl]

I can't quite see how your business would work, how do the punters reach the business property, i suspect via a "common areas" ie lifts, walkways, entrance car parks, who pays for the extra maintenance, electric, cleaning, policing of these common areas that you will using more relative to other condo owners, if you, who sets the figures, why would your business benefit other owners, i could see it decreasing the value of there asset as in there condo, there will be a Articles of association related to your Condo, the rule to which the condo is run, depending on the size of the condo complex, a management system and just the other owners i suspect won't want a commercial business in a residential condo. sounds a great thai girlfriend idea.

Thats why it residential, no business, as soon as a number of fellow condo owners complained i think it would be business over, before it got started.

new condo laws as far as i know now say a room must have a minimum of 30 days (1 month) contract, i hear you cry "but i own it, i can do what i like with it", check with your lawyer friend and while your there, the realistic and sensible reality of doing what you are saying.

how bigs the condo complex, how many condo's in total, i'm busy doing bike repairs in my condo, i can't understand why the other owners object to me taking the oily bikes in the lift, i'm doing the spraying on the walk ways, tuning them up at midnight get all the owners singing along, there so bad, sounds like shouting, the old tires outside my front door make great places for rats to play in, so the oil i pore down the drains blocked the whole complex up, it only cost 60,000 baht to repair the system.

My GF wants to do massage in a condo, i can't understand how she makes so much baht in a single day and the playing cards her and her friends have are for telling the future, must work, she was reading her friends future and her friend borrowed so much money that night off them, luckily my GF didn't have money, so i give it to her, someone mentioned, naughty massage and gambling, but i had the last laugh as they are illegal.

Please explain your business plan a bit better, what experience do either you or your GF have in business or in the service industries, whats all this estimated to cost, who's your clientele, what style of cuisine, the list goes on and on, the big question "WHY"

What makes you think he wants to start a business? You may be right, but I was under the impression others in the condominium had a business and the OP does not like that.

[LivinginKata]

What makes you think he wants to start a business? You may be right, but I was under the impression others in the condominium had a business and the OP does not like that.

Good point steven - I never thought about that.

[britpop]

I can't quite see how your business would work, how do the punters reach the business property, i suspect via a "common areas" ie lifts, walkways, entrance car parks, who pays for the extra maintenance, electric, cleaning, policing of these common areas that you will using more relative to other condo owners, if you, who sets the figures, why would your business benefit other owners, i could see it decreasing the value of there asset as in there condo, there will be a Articles of association related to your Condo, the rule to which the condo is run, depending on the size of the condo complex, a management system and just the other owners i suspect won't want a commercial business in a residential condo. sounds a great thai girlfriend idea.

Thats why it residential, no business, as soon as a number of fellow condo owners complained i think it would be business over, before it got started.

new condo laws as far as i know now say a room must have a minimum of 30 days (1 month) contract, i hear you cry "but i own it, i can do what i like with it", check with your lawyer friend and while your there, the realistic and sensible reality of doing what you are saying.

how bigs the condo complex, how many condo's in total, i'm busy doing bike repairs in my condo, i can't understand why the other owners object to me taking the oily bikes in the lift, i'm doing the spraying on the walk ways, tuning them up at midnight get all the owners singing along, there so bad, sounds like shouting, the old tires outside my front door make great places for rats to play in, so the oil i pore down the drains blocked the whole complex up, it only cost 60,000 baht to repair the system.

My GF wants to do massage in a condo, i can't understand how she makes so much baht in a single day and the playing cards her and her friends have are for telling the future, must work, she was reading her friends future and her friend borrowed so much money that night off them, luckily my GF didn't have money, so i give it to her, someone mentioned, naughty massage and gambling, but i had the last laugh as they are illegal.

Please explain your business plan a bit better, what experience do either you or your GF have in business or in the service industries, whats all this estimated to cost, who's your clientele, what style of cuisine, the list goes on and on, the big question "WHY"

What makes you think he wants to start a business? You may be right, but I was under the impression others in the condominium had a business and the OP does not like that.

sorry if i've read it wrong, i can't tell if it's the OP wanting to start the business or he's inquirering about others with a business, but the issues are still the same either way and i bet there's a Thai GF idea involved

[stevenl]

I can't quite see how your business would work, how do the punters reach the business property, i suspect via a "common areas" ie lifts, walkways, entrance car parks, who pays for the extra maintenance, electric, cleaning, policing of these common areas that you will using more relative to other condo owners, if you, who sets the figures, why would your business benefit other owners, i could see it decreasing the value of there asset as in there condo, there will be a Articles of association related to your Condo, the rule to which the condo is run, depending on the size of the condo complex, a management system and just the other owners i suspect won't want a commercial business in a residential condo. sounds a great thai girlfriend idea.

Thats why it residential, no business, as soon as a number of fellow condo owners complained i think it would be business over, before it got started.

new condo laws as far as i know now say a room must have a minimum of 30 days (1 month) contract, i hear you cry "but i own it, i can do what i like with it", check with your lawyer friend and while your there, the realistic and sensible reality of doing what you are saying.

how bigs the condo complex, how many condo's in total, i'm busy doing bike repairs in my condo, i can't understand why the other owners object to me taking the oily bikes in the lift, i'm doing the spraying on the walk ways, tuning them up at midnight get all the owners singing along, there so bad, sounds like shouting, the old tires outside my front door make great places for rats to play in, so the oil i pore down the drains blocked the whole complex up, it only cost 60,000 baht to repair the system.

My GF wants to do massage in a condo, i can't understand how she makes so much baht in a single day and the playing cards her and her friends have are for telling the future, must work, she was reading her friends future and her friend borrowed so much money that night off them, luckily my GF didn't have money, so i give it to her, someone mentioned, naughty massage and gambling, but i had the last laugh as they are illegal.

Please explain your business plan a bit better, what experience do either you or your GF have in business or in the service industries, whats all this estimated to cost, who's your clientele, what style of cuisine, the list goes on and on, the big question "WHY"

What makes you think he wants to start a business? You may be right, but I was under the impression others in the condominium had a business and the OP does not like that.

sorry if i've read it wrong, i can't tell if it's the OP wanting to start the business or he's inquirering about others with a business, but the issues are still the same either way and i bet there's a Thai GF idea involved

I also don't know, I never even considered the idea he'd want to start a business in the condo.

[LivinginKata]

Yes, I initially jumped to the conclusion he wanted to start a business in his condo, but after a careful read of all his posts he gave no indication he planned a business, in fact he gave no details about any business. we'll have to wait for his response.

[KarenBravo]

Doesn't the Patong Condotel have a hotel and restaurant on the 9th floor?

[LivinginKata]

Doesn't the Patong Condotel have a hotel and restaurant on the 9th floor?

Yes, good call there. This will make an interesting topic.

[Briggsy]

My condominium has delegated over 50 separate units as commercial units in a zone on the lower floors.

[phuketjock]

I can't quite see how your business would work, how do the punters reach the business property, i suspect via a "common areas" ie lifts, walkways, entrance car parks, who pays for the extra maintenance, electric, cleaning, policing of these common areas that you will using more relative to other condo owners, if you, who sets the figures, why would your business benefit other owners, i could see it decreasing the value of there asset as in there condo, there will be a Articles of association related to your Condo, the rule to which the condo is run, depending on the size of the condo complex, a management system and just the other owners i suspect won't want a commercial business in a residential condo. sounds a great thai girlfriend idea.

Thats why it residential, no business, as soon as a number of fellow condo owners complained i think it would be business over, before it got started.

new condo laws as far as i know now say a room must have a minimum of 30 days (1 month) contract, i hear you cry "but i own it, i can do what i like with it", check with your lawyer friend and while your there, the realistic and sensible reality of doing what you are saying.

how bigs the condo complex, how many condo's in total, i'm busy doing bike repairs in my condo, i can't understand why the other owners object to me taking the oily bikes in the lift, i'm doing the spraying on the walk ways, tuning them up at midnight get all the owners singing along, there so bad, sounds like shouting, the old tires outside my front door make great places for rats to play in, so the oil i pore down the drains blocked the whole complex up, it only cost 60,000 baht to repair the system.

My GF wants to do massage in a condo, i can't understand how she makes so much baht in a single day and the playing cards her and her friends have are for telling the future, must work, she was reading her friends future and her friend borrowed so much money that night off them, luckily my GF didn't have money, so i give it to her, someone mentioned, naughty massage and gambling, but i had the last laugh as they are illegal.

Please explain your business plan a bit better, what experience do either you or your GF have in business or in the service industries, whats all this estimated to cost, who's your clientele, what style of cuisine, the list goes on and on, the big question "WHY"

What makes you think he wants to start a business? You may be right, but I was under the impression others in the condominium had a business and the OP does not like that.

Thanks britpop for an entertaining and quite amusing post but neither I or my Thai Wife wish to

start a business, steven1's post is nearer the mark, and if manly100's is correct I would not be upset.

Thank you all so far, keep it up please.

[Peterocket]

Lots of mixed use condominium units around.

As originally pointed out the original condominium agreement/plan should stipulate which units are designated for commercial use if any. As well as other things like whether pets are allowed, satellite dishes, exterior cabling, sub-letting etc etc.

[phuketjock]

Lots of mixed use condominium units around.

As originally pointed out the original condominium agreement/plan should stipulate which units are designated for commercial use if any. As well as other things like whether pets are allowed, satellite dishes, exterior cabling, sub-letting etc etc.

Good info PR and would I find this at the land office? If not do you know where I could find it?

[Peterocket]

Lots of mixed use condominium units around.

As originally pointed out the original condominium agreement/plan should stipulate which units are designated for commercial use if any. As well as other things like whether pets are allowed, satellite dishes, exterior cabling, sub-letting etc etc.

Good info PR and would I find this at the land office? If not do you know where I could find it?

Condominiums are regulated by 1 - its rules and regulations (internal), and 2 - the Thailand Condominium Act (external). The Condominium Act specifies for example the procedure and requirements to be licensed as a condominium. The internal regulations (set of bylaws) of a condominium regulate how the building is run (e.g that the units cannot be used as a business or company address or matters relating pets). The rules and regulations of the condominium are formed by voting of the unit owners in the condominium general meetings which should be available from the developer.

[harrry]

The new Condo Act specifies that Commercial premises must have a separate enterance to that of the residential condos.

[thaiwanderer]

depends on the condo's own rules - in theory these can be changed and since op talks of units he may then have sufficient weighting / able to persuade others to agree - however other external regs nationally / locally / area / plot specific may preclude it

on the face of it not immediately disallowed but not at all a simple question inviting a genial answer - may be allowed in neighbouring condo but not yours

[Peterocket]

depends on the condo's own rules - in theory these can be changed and since op talks of units he may then have sufficient weighting / able to persuade others to agree - however other external regs nationally / locally / area / plot specific may preclude it

on the face of it not immediately disallowed but not at all a simple question inviting a genial answer - may be allowed in neighbouring condo but not yours

Also worth double checking that the condo is actually registered as an official condominium with the correct documentation. Usually if it was a condo the questions that are being asked would be quite clear and the information readily available. A lot of developers say that they are building a condo but the inspection doesn't usually take place until it is approximately 95% complete at which time the condo licence may be refused. A lot of the off plan buyers then realise (or maybe not in this case) that they have bought something which isn't what it said on the front cover, so to speak, often with no chance of pulling out.

[FritsSikkink]

Yes, I would more concerned about the contract rules of your condominium agreement. Most agreement have a provision to prevent this sort of activity.

Livinginkata thanks for the info,

Can you possibly elaborate on " the contract rules of your condominium "? how can I, as a condominium owner get hold of these rules?

I have no idea whether you bought or rented. Whatever way there would usually be contract terms attached to that deal. Have a look through your paperwork or if you used an agent then talk to them.

Condo now mine complete with chanote title deeds.

What land does you own in a condo?

[phuketjock]

Livinginkata thanks for the info,

Can you possibly elaborate on " the contract rules of your condominium "? how can I, as a condominium owner get hold of these rules?

I have no idea whether you bought or rented. Whatever way there would usually be contract terms attached to that deal. Have a look through your paperwork or if you used an agent then talk to them.

Condo now mine complete with chanote title deeds.

What land does you own in a condo?

Sorry fritsikkint the relevance of your question is beyond my comprehension, as far

as I am aware one of the reasons foreigners are allowed to buy condos is because

there is no land ownership, as such, involved. If someone knows better please feel

free to interfere.

[thaiwanderer]

the condo unit owners in a condo collectively own the land as governed by condo law

individual units have a chanote each