Real Estate, housing, house and land ownership
Thailand Real Estate Forum
Thai Condominium Act 2008
By Delight,
April 2, 2010 in Real Estate, housing, house and land ownership
Delight 428
The new Thai Condominium Act 2008 states in relation to co-owners who had not paid for a period in excess of 6 month"'the common services or right to use common properties may be ceased""
Does this mean that water and electricity can be cut-off?
Also if they pay for their utilities but do not pay the General service charge can utilities still be ceased?
palm 5
Location:Thailand
Yes, to both questions.
briley 114
Yes, water and electricity can be cut off.
And access to common areas cut off, including the entrance to the building. That means the owner can not go in or out of the building.
Draconian, but it works.
hhgz 178
hhgz
Although not specifically stated in the Condo Act, water and electricity service can be suspended. However, your condo by-laws must state that the water and electricity will be suspended after <specific number of> days.
I have read the condo by laws relating to my condo and it states there that services can be cut -off.However the document refers to the former 1979 Act.
Could this be a potential "' get out of jail for free card"' for delinquent payers ?
Further are you aware of any circumstances when a delinquent payer has successfully used a Thai court to overturn the instructions of the Committee /JP/Manager in respect of the withdrawal of utilities?
Maybe Thailand has other laws to protect the consumer which override the Condo Act.
Going to court is expensive and you do not know the outcome.
But the threat to an owner of cutting utilities or access makes money appear like magic in many cases.
Once you get delinquent payers down to a small percentage people get into the habit of paying bills and there are fewer problems.
P.S. but do it nicely .....................
Edited April 2, 2010 by briley
Thank you very much for your sound advise
Thanks also to those who also responded to my request for help
I feel I can move forward in confidence and deal with the delinquent co-owners
Jingthing 69,717
Jingthing
Good Malarkey Member
Yes it is legal to do. I don't know if you have to wait 6 months though. Of course, it isn't pretty. A quote from one of our lovely co-owners -- "If you cut off my water, I will s--t in the corrider!"
yabaaaa 7
yabaaaa
Not if they nail his door shut form the outside whilst he is in there!!! then seal around it with silicone
10 years later...
alyx 645
Reviving this thread: the condominium where I live is fighting against a couple of co-owners who refuse to comply with the regulations, letters sent, talk with the management: nothing seems to do the trick and they refuse flatly to remove their belongings (desk/ TV/ miscellaneous) from the corridor. It is to be noted that they have never failed to pay any charges. It has been suggested to cut the water but the answer is that it is illegal. I know for a fact that it is applied in other condominiums.
Would it be legal in this case, once approved by the the co owners during General Assembly
smutcakes 8,200
smutcakes
On 11/26/2020 at 3:51 PM, alyx said:
We did it once and they started using the showers/toilets at the swimming pool area the stubborn gits haha
scubascuba3 10,476
scubascuba3
Common now for condos to turn the water off, just do it, unlikely they will spend money to go to court
23 minutes ago, smutcakes said:
555 very unlikely in this case but thank you for the example which might be useful.
20 minutes ago, scubascuba3 said:
Actually, I have thought about that but after doing some research I am getting two different stories about that : I have found a section of the Condominium Act of 2008 mentioning that this action might be used ( actually in the case of co-owners who have failed to pay their common charges for more than 6 months ) and another one stating that the court has upheld their decision confirming that this was illegal and held up against the Juristic committee
90-day reporting is a mess??
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