Thai Condo Law...

[trogers]

6 minutes ago, KittenKong said:

 

I dont see what maintenance has to do with it either way. Absence is surely the most likely reason, with lack of interest probably coming a close second.

Lack of interest from co-owners would lead to two problems: itchy fingers from management and staff, and depletion of funds due to rising cost but stagnant income.

 

I wouldn't be surprised that a substantial portion of owners are not paying their common fees too.

[KittenKong]

9 minutes ago, trogers said:

Lack of interest from co-owners would lead to two problems: itchy fingers from management and staff, and depletion of funds due to rising cost but stagnant income.

 

I wouldn't be surprised that a substantial portion of owners are not paying their common fees too.

 

Indeed.

[les1]

2 hours ago, KittenKong said:

 

Do what everyone else does: vote in a supplemental fee as described numerous times in this thread. This is precisely why other buildings do it.

 

As for unpaid bills, the JPM can impose interest penalties in accordance with the condo act and, after giving suitable warning, can also cut off access to common areas (pool access, car parks, gyms) and building services such as water (assuming this is provided and billed for by the building), etc.

Also it is impossible to sell a unit without getting a debt-free certificate (assuming your JPM isnt a crook, which may be a big assumption) so in the end you will get the money.

 

 It is not a case of unpaid bills particularly. It's the fact that they do not want to pay increased common fees as simple as that. Also our fees are only 10 baht square meter we need to double that to pay our way but we are only asking for 5 baht at present.Property is well maintained but not for much longer if we cannot get past deficits & current deficit paid by the co owners. It's a crazy situation.

[KittenKong]

1 hour ago, les1 said:

 It is not a case of unpaid bills particularly. It's the fact that they do not want to pay increased common fees as simple as that. Also our fees are only 10 baht square meter we need to double that to pay our way but we are only asking for 5 baht at present.Property is well maintained but not for much longer if we cannot get past deficits & current deficit paid by the co owners. It's a crazy situation.

 

This sounds typical to me. In my building also many co-owners, especially Thais, will bitch and moan endlessly about paying a couple of Baht for anything, whilst happily watching their assets diminish in value due to lack of maintenance and general mismanagement. Grade one morons.

 

But as long as you can get 50+% of the votes present at the second GM to agree then you can impose a suitable supplementary fee and that problem should be behind you. If you cant do that then you should sell up and move as your building is doomed. In my building the supplementary fee has been reality for years. We could not possibly last 6 months without it and there is no question of it not being voted in every year.

 

I would ask for the full 10B extra that you need. In fact I would ask for 15B in order to make up the previous deficit. Then next time you can show a healthy balance sheet and ask for less.

[les1]

8 hours ago, KittenKong said:

 

This sounds typical to me. In my building also many co-owners, especially Thais, will bitch and moan endlessly about paying a couple of Baht for anything, whilst happily watching their assets diminish in value due to lack of maintenance and general mismanagement. Grade one morons.

 

But as long as you can get 50+% of the votes present at the second GM to agree then you can impose a suitable supplementary fee and that problem should be behind you. If you cant do that then you should sell up and move as your building is doomed. In my building the supplementary fee has been reality for years. We could not possibly last 6 months without it and there is no question of it not being voted in every year.

 

I would ask for the full 10B extra that you need. In fact I would ask for 15B in order to make up the previous deficit. Then next time you can show a healthy balance sheet and ask for less.

 

Hi Kitten Kong.....................as a matter of interest in which City is your Condo in Thailand.

[KittenKong]

1 hour ago, les1 said:

as a matter of interest in which City is your Condo in Thailand.

 

Pattaya area.

[trogers]

1 hour ago, KittenKong said:

 

Pattaya area.

With common fees pegged at Bt10/sqm, I would venture to guess the project was constructed before the Tomyum Kung crisis.

[KittenKong]

3 hours ago, trogers said:

With common fees pegged at Bt10/sqm, I would venture to guess the project was constructed before the Tomyum Kung crisis.

 

Sounds likely to me. But the building with the 10B/sqm fees is not mine.

[les1]

Is there anyone who has done the "Special Assessment" registered it at Chiang Mai Land Office?

 

If there is it possibly would have set a precedent.

 

[KittenKong]

6 hours ago, les1 said:

Is there anyone who has done the "Special Assessment" registered it at Chiang Mai Land Office?

 

If there is it possibly would have set a precedent.

 

 

No idea what happens in Chiang Mai but in Pattaya the only "registration" is a copy of the GM results being provided to the Land Office who presumably file it in a convenient dustbin.

[Delight]

On ‎13‎/‎03‎/‎2017 at 4:13 PM, les1 said:

Is there anyone who has done the "Special Assessment" registered it at Chiang Mai Land Office?

 

If there is it possibly would have set a precedent.

 

 The land office police the Condo Act

 

Special Assessments do not feature in this Act.

Providing it is passed at a legally convened general meeting -then it is ok.

In other words it is no different to any other proposition

Edited March 14, 2017 by Delight
grammar

[smutcakes]

14 hours ago, Delight said:

 The land office police the Condo Act

 

Special Assessments do not feature in this Act.

Providing it is passed at a legally convened general meeting -then it is ok.

In other words it is no different to any other proposition

 

Personally i think this is a very grey area, and how enforceable it would be should someone really try and fight it would be interesting.

 

Rather than levying a special fee it may be a better option to remove certain costs from the common fee budget and request separate payment for them. This could include building insurance, security, lift maintenance etc which a JPM could resolve require ring fenced funds to maintain the safety of the building. Doing this would free up the common fee budget for other uses.

[les1]

On 3/15/2017 at 9:15 AM, smutcakes said:

 

Personally i think this is a very grey area, and how enforceable it would be should someone really try and fight it would be interesting.

 

Rather than levying a special fee it may be a better option to remove certain costs from the common fee budget and request separate payment for them. This could include building insurance, security, lift maintenance etc which a JPM could resolve require ring fenced funds to maintain the safety of the building. Doing this would free up the common fee budget for other uses.

 

Hi & thanks for your input. Have you done this successfully to cover costs in your Condo? Can you be a bit more precise on the system that you are referring to & how would you go about it?

[KittenKong]

On 3/15/2017 at 9:15 AM, smutcakes said:

Personally i think this is a very grey area, and how enforceable it would be should someone really try and fight it would be interesting.

 

I dont see anything grey about it. As long as it is proposed and voted for by legal majority at a correctly convened meeting what possible argument could there be against it? Those who are opposed to the special fee have the opportunity of expressing their opinion and voting against it at that meeting. That's how co-ownership works.

 

 

On 3/15/2017 at 9:15 AM, smutcakes said:

Rather than levying a special fee it may be a better option to remove certain costs from the common fee budget and request separate payment for them.

 

By definition the special fee covers expenses for which the common fee is insufficient (which in many older buildings could amount to more than half the yearly budget). What real difference would it make to list the individual items? There is no mystery about the simple fact that the common fee in many older buildings is not enough to pay the day-to-day bills.

[smutcakes]

3 minutes ago, KittenKong said:

 

I dont see anything grey about it. As long as it is proposed and voted for by legal majority at a correctly convened meeting what possible argument could there be against it? Those who are opposed to the special fee have the opportunity of expressing their opinion and voting against it at that meeting. That's how co-ownership works.

 

 

 

It is grey as generally anything concerning funds being paid into the Condominium require voting of not less than one half or one third of the Co-ownership, not a simply majority.

 

Payment of additional funds, which would not be listed in the rules and regulations of the Condominium would be difficult to enforce. Whats the point in having an act which stipulates voting at certain levels if you can simply call a General Meeting and raise additional funds.