Corporate Structure of Condominiums or Condotel's

[The Big Kangaroo]

Hi all.  I am hoping that there is some gun lawyer who can answer this question.

 

What is the corporate or organizational structure of Condominiums in Thailand.  Is this the same for a Condotel.   I am just trying to see what Laws are relevant to these type of buildings.  For example, does the Accounting Act relate as this is not referred to in the Act (well depends on what structure they are constituted under).  Any help would be awesome.

 

Thankyou

 

Darren

[Lamkyong]

sorry my TV buddy you have lost me on that one  better consult a proper lawyer 

[Delight]

  The Thai law doe not recognise  Condotels. They are a concept developed by the market.

The law ,however ,does recognise Condominiums and Hotels

 

 A developer will build and via the land office 'create ' a Condo. Official name -Condominium Juristic Person

 

However -a number of apartments  will not be sold.

 

These will be reserved for the hotel part.

He will satisfy all the legal  requirements for a hotel 

 

This covers safety and having a separate reception -as a minimum.

 

 The owners in the condo part will no doubt have  no choice but to put up with this  arrangement.

 

 

 

 

[smutcakes]

12 hours ago, Delight said:

  The Thai law doe not recognise  Condotels. They are a concept developed by the market.

The law ,however ,does recognise Condominiums and Hotels

 

 A developer will build and via the land office 'create ' a Condo. Official name -Condominium Juristic Person

 

However -a number of apartments  will not be sold.

 

These will be reserved for the hotel part.

He will satisfy all the legal  requirements for a hotel 

 

This covers safety and having a separate reception -as a minimum.

 

 The owners in the condo part will no doubt have  no choice but to put up with this  arrangement.

 

 

 

 

 

Sort of. The hotel will be commercial space under one or more title deeds. If badly planned it can lead to conflict, especially if there are certain common services which are shared.

[The Big Kangaroo]

14 hours ago, Delight said:

  The Thai law doe not recognise  Condotels. They are a concept developed by the market.

The law ,however ,does recognise Condominiums and Hotels

 

 A developer will build and via the land office 'create ' a Condo. Official name -Condominium Juristic Person

 

However -a number of apartments  will not be sold.

 

These will be reserved for the hotel part.

He will satisfy all the legal  requirements for a hotel 

 

This covers safety and having a separate reception -as a minimum.

 

 The owners in the condo part will no doubt have  no choice but to put up with this  arrangement.

 

Thanks Delight.  When you say the law does not recognise a condotel, if the building is administered and units sold under the condominium Act, surely it is a condominium...isnt it.  If so, would all of the commercial acts and regulations apply.  Thanks again for a detailed reply.

 

 

 

[KittenKong]

I think that all the places I have seen around Pattaya/Jomtien that purport to be condotels (and there arent many) have had two fairly distinct structures: one the hotel and one the condo. The condo, of course is owned by the co-owners and the hotel part is not. They are usually quite strict about the hotel part not sharing condo facilities also, though the other way round it seems to be more flexible.

 

The Waterfront will supposedly be a mixture of condo and hotel over two fairly distinct buildings, if it ever gets built.

 

There are some condo buildings in Pattaya/Jomtien where unsold units are rented out by the developer or some other company but the word "hotel" does not figure anywhere as they dont have a hotel licence. Somehow I doubt that these place are functioning legally but if the committee is in the developer's pocket they are unlikely to complain.

 

I dont think I would care to add another unnecessary layer of confusion to what is already an ill-regulated and ill-managed system so personally I would avoid any building that wasnt just a simple condo that owns its own land and buildings.

[lkn]

3 hours ago, KittenKong said:

There are some condo buildings in Pattaya/Jomtien where unsold units are rented out by the developer or some other company but the word "hotel" does not figure anywhere as they dont have a hotel licence. Somehow I doubt that these place are functioning legally but if the committee is in the developer's pocket they are unlikely to complain.

If they are only rented out on a monthly basis then they would not be defined as a hotel per the Hotel Act.

 

[KittenKong]

1 hour ago, lkn said:

If they are only rented out on a monthly basis then they would not be defined as a hotel per the Hotel Act.

 

I'm aware of that but some do advertise shorter rental periods, or used to. Hence my doubt as to their legality. They may have cleaned their acts up recently as the blatantly illegal signs are less obvious these days.

[funandsuninbangkok]

Obviously another unhappy real  estate buyer in Thailand who thought hew was getting a condo and ended up living in a short-time love hotel due to the developer unable to sell all the units.  

 

Enjoy falling to sleep to the sound of ladyboy moaning and waking up early to Chinese budget tourists  scrambling to catch their 4 AM flights!

 

Rent in Thailand, invest offshore