Foreign tenants ask Phuket Governor to mediate property dispute

[snoop1130]

Foreign tenants ask Phuket Governor to mediate property dispute
Kongleaphy Keam

PHUKET: -- A contingent of tenants leasing rooms at a luxury resort in Kata met with the governor at Phuket Provincial Hall yesterday to hand him a letter demanding an investigation into issues over the property’s management.

Leading the ten foreign tenants from The Aspasia Phuket resort was Dutch national Jan Cornelis van Zuilekom. Mr Zuilekom, who referred to himself as an owner, complained that he and other tenants had been locked out of their rooms and had their electricity and water cut off.

“We have filed a complaint with the Consumer Protection Board [CPB], but the response has been slow,” said Mr Zuilekom.

Full Story: http://www.phuketgazette.net/phuket-news/Foreign-tenants-ask-Phuket-Governor-mediate-property/63335?desktopversion

-- Phuket Gazette 2016-03-04

[trogers]

Owner of a resort being lock out by the management company?

Any title deeds to prove ownership?

[steelepulse]

Owner of a resort being lock out by the management company?

Any title deeds to prove ownership?

These were sold as freehold condos years ago.

[LivinginKata]

Owner of a resort being lock out by the management company?

Any title deeds to prove ownership?

I doubt resort owner, I assume just an owner of an apartment in the condo complex.

[LivinginKata]

duplicate

Edited March 4, 2016 by LivinginKata

[lust]

Just another reason never to invest in this country.

[trogers]

Owner of a resort being lock out by the management company?

Any title deeds to prove ownership?

These were sold as freehold condos years ago.

"...tenants leasing rooms at a luxury resort..."

Freehold condos would be issued with title deeds. And I have not heard of any condo project in Thailand being named a resort.

[eisfeld]

Funny how always these shows have to be done with people handing letters to the (vice) governor because no disputes can be solved properly through the regular channels like courts.

When there is no rule of law, you can't win even if you are in the right. The guy who abuses the system the best wins. Think about if you are the most crooked and well connected guy and if not, don't put your money into the game.

[arithai12]

And I have not heard of any condo project in Thailand being named a resort.

I have.

e.g., condominiums which also have rooms rented out as a hotel.

[Nicolas32]

Face will win this one its Thailand after all and we are all guest ...

[arithai12]

Just another reason never to invest in this country.

There might be reasons not to invest in this country as you say, but this one specifically is not hard to understand. From the original article, it is a case of tenants/owners who demand transparency in how the common area fee is being used. Fair enough. Because they could not get it, they decided not to pay their dues. And in two cases, the management cut off their utilities as a result. At least in the rules of my own condo, this is the predictable outcome.

(by the way, there is a discrepancy with what is stated by the owners, that they were locked out of their rooms, and what is stated by the company, that they cut off water and electricity.)

Also the Juristic person should have the committment to publish the yearly balance sheets. I cannot say to what extent this was done in this case, but not to pay the dues seems hardly the correct legal avenue.

[NCC1701A]

“We just want to see the financial report on how the money has been spent, but the management company has refused to show us,” Mr Zuilekom said. “It seems like the expenses are not transparent. We want to change management companies.”

the only time i start demanding "transparency" is when i am not getting what I paid for. is the place a run down dump like many projects in Thailand?

same place?

http://www.tripadvisor.com/ShowUserReviews-g1210687-d568421-r244926340-The_Aspasia_Phuket-Kata_Beach_Phuket.html

now they have this story on google, for all to see.

http://www.phuketgazette.net/phuket-news/Foreign-tenants-ask-Phuket-Governor-mediate-property/63335?desktopversion

Edited March 4, 2016 by NCC1701A

[gk10002000]

Funny how always these shows have to be done with people handing letters to the (vice) governor because no disputes can be solved properly through the regular channels like courts.

When there is no rule of law, you can't win even if you are in the right. The guy who abuses the system the best wins. Think about if you are the most crooked and well connected guy and if not, don't put your money into the game.

Well stated eisfeld. The lack of rule of law by any normal standard is clearly demonstrated with issues like these. It should be a simple civil court matter. Instead, due to the military being in control, nobody bothers with the "system".

[gk10002000]

Reading the article hyper link, if taken at face value, the "owners" or tenants are demanding to see how the management fees were being spent. No complaint seems to have been lodged about the services provided. But, just because somebody demands something, doesn't mean it has to be done. While not impossible, I find it a little hard to believe the management company got so mad as to lock out some people just because they complained. Instead, I suspect a few people decided to NOT pay the fees until they got some financial disclosure. But I can't really tell that from the article because the article doesn't say explicitly what part of the lease the management company claimed the tenants violated.

[Jessi]

Just another reason never to invest in this country.

100% correct.

When will Falangs learn they have NO RIGHTS in this country.

[trogers]

Reading the article hyper link, if taken at face value, the "owners" or tenants are demanding to see how the management fees were being spent. No complaint seems to have been lodged about the services provided. But, just because somebody demands something, doesn't mean it has to be done. While not impossible, I find it a little hard to believe the management company got so mad as to lock out some people just because they complained. Instead, I suspect a few people decided to NOT pay the fees until they got some financial disclosure. But I can't really tell that from the article because the article doesn't say explicitly what part of the lease the management company claimed the tenants violated.

I think some of you here are confused. Tenants have no rights under the Condo Act to demand financial statements. Only the condo owners do.

So, are these people holding a freehold condo, or only a 30-year leasehold? If the latter, their rights would be stipulated in their lease contracts.

The Condo Act would not apply.

The statement 'Never invest in Thailand' is wrong. It should be, 'Never invest when blinded by greed' and is applicable worldwide.

[steelepulse]

Originally this particular development was sold as free hold condos. Then after a couple of years when they realized they couldn't sell all the units, they decided to turn this into a multi use luxury condo/luxury resort. I'm not 100% sure, but I think they now like to get condo owners to rent out there units for some sort of rental income.

Since day one they have charged extortionate water rates to each condo owner, not sure of electric rates.

[trogers]

Originally this particular development was sold as free hold condos. Then after a couple of years when they realized they couldn't sell all the units, they decided to turn this into a multi use luxury condo/luxury resort. I'm not 100% sure, but I think they now like to get condo owners to rent out there units for some sort of rental income.

Since day one they have charged extortionate water rates to each condo owner, not sure of electric rates.

Even the developer of a condo cannot turn a registered project from a condo into a resort without buying out the transferred units and reapplying for appropriate licences.

[gk10002000]

Reading the article hyper link, if taken at face value, the "owners" or tenants are demanding to see how the management fees were being spent. No complaint seems to have been lodged about the services provided. But, just because somebody demands something, doesn't mean it has to be done. While not impossible, I find it a little hard to believe the management company got so mad as to lock out some people just because they complained. Instead, I suspect a few people decided to NOT pay the fees until they got some financial disclosure. But I can't really tell that from the article because the article doesn't say explicitly what part of the lease the management company claimed the tenants violated.

I think some of you here are confused. Tenants have no rights under the Condo Act to demand financial statements. Only the condo owners do.

So, are these people holding a freehold condo, or only a 30-year leasehold? If the latter, their rights would be stipulated in their lease contracts.

The Condo Act would not apply.

The statement 'Never invest in Thailand' is wrong. It should be, 'Never invest when blinded by greed' and is applicable worldwide.

I never claimed the tenants had any rights to financial statements. People can and often do demand things, but that doesn't mean it has to be done. They could demand lower rates, lower rents, etc. The tenants may have absolutely no right to see any financial statements. I personally would not enter any association unless I would be guaranteed of some oversight. I am all too familiar from my dealings in the USA with bad associations and management companies. regardless, demanding something, whether proper or not, is not grounds for claiming a tenant broke a lease. But as I said, the article did not specify what terms of the lease the management company claimed was violated which caused them to lock the doors

[bearpolar]

Just another reason never to invest in this country.

100% correct.

When will Falangs learn they have NO RIGHTS in this country.

You're welcome to go back home where your governement assures you that your rights are "respected" and that you are "free" to do what you want

[SOUTHERNSTAR]

Just another reason never to invest in this country.

100% correct.

When will Falangs learn they have NO RIGHTS in this country.

So in your home country your water and electricity dont get cut off if you dont pay? They have a dispute with the management didnt pay for services and got disconnected. Instead of using the correct channel they took the law into their own hands.

[beechbum]

Just another reason never to invest in this country.

100% correct.

When will Falangs learn they have NO RIGHTS in this country.

So go home to where ever you come from.

[bearpolar]

just on a side note, farang have no rights anywhere

and males have no rights, the woman wins it all back home too unless she's an excon on meth and you are a eunuch philantropist

[trogers]

I would only invest in old freehold condos here. And never in mixed development eg. residential mixed with commercial within one development.

Only in old condos will you be sure of the type of community residing there, and the existing problems with management.

Mixed development creates too much conflict of interest between business and residents, and how the cost burden would be shared.

[NamKangMan]

Just another reason never to invest in this country.

100% correct.

When will Falangs learn they have NO RIGHTS in this country.

BUT BUT BUT they have a piece of paper that says they are "owners."

[NamKangMan]

Owner of a resort being lock out by the management company?

Any title deeds to prove ownership?

These were sold as freehold condos years ago.

The use of the word "freehold" when describing property in Thailand is extremely misleading.

[wabothai]

Face will win this one its Thailand after all and we are all guest ...

[gandalf12]

just on a side note, farang have no rights anywhere

and males have no rights, the woman wins it all back home too unless she's an excon on meth and you are a eunuch philantropist

That isnt actually 100% true. A friend of mine (expat) got divorced from his Thai wife. They went to court and he got the house and everything. Judge ruled she had brought nothing into the marriage and there was to eave with the same as she brought in. There was a lot more this is just a quick summary

[SOTIRIOS]

....get to know 'how it works' around here.....

[Sealbash]

Just another reason never to invest in this country.

Great advice. Please share which country it is that has no owner / tenant legal issues?