Foreign tenants ask Phuket Governor to mediate property dispute

[madmitch]

I didn't know there were so many legal experts on the Phuket forum, especially those that can form a learned opinion based upon some basic information in a news report that may or may not be accurate.

[rooster59]

Foreign renters in Phuket ask officials to investigate alleged fraud

Darawan Naknakhon



Prapan Kanprasang (left), Chief of the Damrongdhama Centre (Ombudsman’s Office), receives the complaint from the tenants. Photo: Darawan Naknakhon

PHUKET: Governor Chamroen Tipyaypongtada has called a meeting at Provincial Hall next week that aims to resolve a dispute between foreign tenants at The Aspasia Phuket in Kata and the the property management company at the development following allegations that the company is misusing funds.

Led by Dutch national Jan Cornelis van Zuilekom, the group filed a complaint at the Damrongdhama Centre (Ombudsman’s Office) and met with Governor Chamroen on Thursday (Mar 3).

“Every year, we have to pay a fee to the company so they can use that money to pay for maintenance. However, we want to be sure that management team did not mismanage the fund,” said Mr Zuilekom.

“We asked the company to explain to us how they spend the central fund, but we have never received an answer. In addition, recently some of us have received a notice about lease termination, while others have had their unit utilities cut off. This means they cannot stay in their units as they have no electric or water even though money has been paid to cover the bills,” he added.

Full story: http://www.thephuketnews.com/foreign-renters-in-phuket-ask-officials-to-investigate-alleged-fraud-56473.php

-- Phuket News 2016-03-05

[trogers]

Who appointed the property management company?

[little mary sunshine]

My rental contract never looked so good; and I have

My money invested!

[sendintheclowns]

Anyone posting that the current military government has something to do with this, or with any other property dispute, is mentally challenged. If anything, despite the incompetents he has to work with, the PM appears to be doing a better job lifting rocks which various nefarious abbots and others live under.

[tomross46]

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.

It happens all the time.

[william-pad]

Its interesting that the Consumer Protection Board is of Little help in this case

[Benmart]

So many experts, in so many things. I only know what I read and move on.

[dotpoom]

There has to be consequences if one refuses to pay maintenance fees....no mystery there.....Now, the reason for not paying them.....that's another story.

[timewilltell]

These 'tenants' are long leaseholders. These are not renters from month to month or even several months at a time. The setup is similar to Western long leaseholds and are registered at the land office I assume, which is required for any rental over three years and also the reason there are many 3 year contracts around precisely to avoid registration.

However registration prefers no additional rights it seems. There are no laws governing behavior for the parties to long leasehold contracts. Also most Thai contracts are woefully pitiful and bare. If a foreigner tries to draft a lease that is comprehensive then Thais generally will not sign as they want to be in a position to cheat scam and do whatever they want. I had a lease cancelled by fraud and the judgement basically said 'tough luck', it is a basic rental contract with 26 years to run, well actually only 21 years now since it has taken 5 years to go through the courts and you have no rights except to sue the person who forged your signature who of course has no money.

If you buy a lease in Phuket you are not buying what you think but rather a document that is to all intents and purposes practically worthless. Mine is not the only case, there are several others. So it is pretty clear to me the Thai owner is using the pathetically laws which are wholly biased on his side as freeholder to abuse the lesseesand have no doubt in my mind racking up charges entirely as he wishes because there are no controls here especially so far as foreigners are involved because everything will be against you if you try to get any sort of justice here.

People need to wise up and stop buying long leases here. Renting short term has its own problems and once again the law always seems to wholly favor the owners who are of course always Thai. There is no fairness to be found.

[sabaii69]

I had a 'lifelong' lease with a Thai and after considerable repairs and improvements to the property she told me to leave so she could sell it. (I was warned by other farangs). Basically, if you are a farang and renting anything you are screwed.

[Familyaffairs]

Aspasia has a German owner, and the GM is a Brit.

[wowfactor10]

The Aspasia resort been a doggy one from the start.

Units are all leasehold some of them where falsely sold as freehold condos.

Most buyers assumingly went for the company structure ownership(not legal) but promoted by lawyers.

Owners of Aspasia (developer) always have charged insane high monthly fees for maintenance water security bla bla bla..

When all the units where sold the owners of Aspasia where still wanting to make more money so then they closed their lovely spacious restaurant inside to built and sell more of their crappy leasehold units instead.That doies not seem to be fair practice.U take out afterwards facilities in order to max your sales

[Familyaffairs]

Who appointed the property management company?

The German owner

[LivinginKata]

The Aspasia resort been a doggy one from the start.

<snip>

I think you mean 'dodgy' ... and I would agree with that opinion. It was an expensive and ambitious project from the very start of building. I had a viewing during the initial build, prices of the units were staggering. I'm trying to remember the original name before it was changed to Aspasia

[wowfactor10]

The Aspasia resort been a doggy one from the start.

<snip>

I think you mean 'dodgy' ... and I would agree with that opinion. It was an expensive and ambitious project from the very start of building. I had a viewing during the initial build, prices of the units were staggering. I'm trying to remember the original name before it was changed to Aspasia

Yes what was that first name again?mmmm

It always amazing that in Thailand your legal lawyer can come up with constructions such as ownership formation structure that are not legal...In most other countries any lawyer setting up and promoting illegal constructions would be hold accountable for it in court..

[harleyclarkey]

Incidents like this go on every day in Thailand against foreigners and why I have no respect for Thai "Law".

I know two guys going through the Thai legal system and it truly is a shameful farce. They have no rights, there is collusion between judges and the lawyers for the other side and crooked cops.

One court gives....another takes away. Court documents are deliberately sent to a wrong address so these guys are ruled against....etc, etc, etc.

Never invest a single cent here.

[wowfactor10]

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

Pitching Thailand again?

Its amazing story...Tell me more about this case how the farang received all and the Thai wife received less then zero ..

How can he even get the house while the house sits on land that he does not even own?Why would the Judge not atleast have them split it 50/50 in a sale...Which ofcourse the farang will never receive his 50 % of any proceedings.Send me the verdict of the court so we can check your story

[arrowsdawdle]

Anyone posting that the current military government has something to do with this, or with any other property dispute, is mentally challenged. If anything, despite the incompetents he has to work with, the PM appears to be doing a better job lifting rocks which various nefarious abbots and others live under.

Like the Kool-Aid do you? He's picking up rock all right, and throwing them at media, students, and anyone else that dares express an opinion he doesn't like.

[mango66]

I have a similar problem with my developer in K Samui !

If a developer want cheat you, he have any power to do it !

You are in Thailand;

My one " spended 1 unit to someone in local GVT !!

you can complain even to Buddha and you will not succeed !

He managed the complete Juristic person and maintenance company,

when we didn't have finished our payment ,

( he was very friendly to give us delayed payment on purchase !!

So we had no right on the first annual meeting,

so he put all his relatives in position !

after 2 years I gave up,

now I selling the unit, its the only solution in LOS !!

[Yann55]

Its interesting that the Consumer Protection Board is of Little help in this case

LOL, it's the first time I even hear of the existence of a Consumer Protection Board in this country !! Did you make this up or is it for real ? If it is, then I guess it's one of those public institutions made essentially of 'inactive posts'

Edited March 5, 2016 by Yann55

[ChoakMyDee]

This is one of the scams I've been reading about for years. Condo fees stolen by the manager, no money to pay bills, utilities get shut off, the manager is broke and doesn't pay/pulls a runner...rinse repeat. Anyone "buying" a condo in this country is risking a lot.

[wowfactor10]

This is one of the scams I've been reading about for years. Condo fees stolen by the manager, no money to pay bills, utilities get shut off, the manager is broke and doesn't pay/pulls a runner...rinse repeat. Anyone "buying" a condo in this country is risking a lot.

Well to be more exact they did do no runner in this case the developer and his management team are simply for many years in a row been overcharging all its residents who were naive enough to buy crappy leasehold units.Water security electricity all of it is completely overpriced with no prove where the money is going..Also the developer removed spacious facilities afterwards in order to built sell more units..This also is not proper and correct way of doing business to say the least.Residents should unite and get legal representation and they have fair chance for some justice...Seems to me they been overcharged with maintenance fee and purchase price..

[stevenl]

Its interesting that the Consumer Protection Board is of Little help in this case

LOL, it's the first time I even hear of the existence of a Consumer Protection Board in this country !! Did you make this up or is it for real ? If it is, then I guess it's one of those public institutions made essentially of 'inactive posts'

This is for real and can be very effective.

Better read up on this before you make fun of something you have never heard of.

[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

Pitching Thailand again?

Its amazing story...Tell me more about this case how the farang received all and the Thai wife received less then zero ..

How can he even get the house while the house sits on land that he does not even own?Why would the Judge not atleast have them split it 50/50 in a sale...Which ofcourse the farang will never receive his 50 % of any proceedings.Send me the verdict of the court so we can check your story

He had to sell the house which he did but the judge asked how much the wife had brought into the marriage to which the answer was zero and how much he had paid for which was 100% and he ruled in his favour. Unusual I agree but I know the guy we have been friends and worked together for a number of years so I know he isnt telling porkies. He asked me if I wanted to buy his house, which is when he told me what happened. I didn't buy it as me and my wife already had one.

Edited March 6, 2016 by gandalf12

[wowfactor10]

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

Pitching Thailand again?

Its amazing story...Tell me more about this case how the farang received all and the Thai wife received less then zero ..

How can he even get the house while the house sits on land that he does not even own?Why would the Judge not atleast have them split it 50/50 in a sale...Which ofcourse the farang will never receive his 50 % of any proceedings.Send me the verdict of the court so we can check your story

He had to sell the house which he did but the judge asked how much the wife had brought into the marriage to which the answer was zero and how much he had paid for which was 100% and he ruled in his favour. Unusual I agree but I know the guy we have been friends and worked together for a number of years so I know he isnt telling porkies. He asked me if I wanted to buy his house, which is when he told me what happened. I didn't buy it as me and my wife already had one.

Yes nice story...So your advice here is for us to marry Thais buy land and house in their names and in case of a divorce we will receive at least 50%-100% back...

Well my advice for you is stop spreading fairy tales here!

[Valentine]

Pitching Thailand again?

Its amazing story...Tell me more about this case how the farang received all and the Thai wife received less then zero ..

How can he even get the house while the house sits on land that he does not even own?Why would the Judge not atleast have them split it 50/50 in a sale...Which ofcourse the farang will never receive his 50 % of any proceedings.Send me the verdict of the court so we can check your story

He had to sell the house which he did but the judge asked how much the wife had brought into the marriage to which the answer was zero and how much he had paid for which was 100% and he ruled in his favour. Unusual I agree but I know the guy we have been friends and worked together for a number of years so I know he isnt telling porkies. He asked me if I wanted to buy his house, which is when he told me what happened. I didn't buy it as me and my wife already had one.

Yes nice story...So your advice here is for us to marry Thais buy land and house in their names and in case of a divorce we will receive at least 50%-100% back...

Well my advice for you is stop spreading fairy tales here!

The law states you are entitled to 50%.

[little mary sunshine]

This guy appears just desperate and is grasping at straws,

Hope you have other funds, this is gone!!