Juristic Entity and Management of Resort

[jacko]

Property Developer - on Resort 70% Completed wishes Owners to Pay Administration Fees and take over the Administration and Management of The Resort - can he do that ? - does he need permission from Land Office - should Owners have to pay Administration Fees now ? Please help if anyone has any advice or decisions that we should be taking - Thanks

[jacko]

We have been asked as a Group of House Owners on A Resort in Hua Hin to form a Committee of Owners with a view to moving on to forming A Juristic Entity to fully take over the Management and Financial Control of The Resort within a few Months.

However we are very unsure what Formalities, Conditions, Stages, Requirements, etc. that the Developer must make, complete and achieve with The Land Office and Other Government Institutions - can anyone help. ? Do we need any Work Permits ? Please is there anyone out there who has maybe gone down this road before. Also can the Developer Charge us Administration Fees now before any steps are taken - there are only 70% of Houses actually completed and occupied, and not all the Common Area is completed. Thanks

[sateeb]

viewtopic.php?f=20&t=20055

Take a look at this topic...you might get some help from Terry

[jacko]

We have been asked by our Estate Developer to form a Working Committee as a Prelude To Forming a Juristic Entity to Run and Manage our Resort - however it is proving to be very difficult as we cannot get hold of the Information we need - eg Accounts, Invoices, Who Pays For What etc.. He asked us to pay a Monthly Administration Charge into an Account which he set up - now he will not give us Bank Statements etc. so we dont know what is going in and out. He wont tell us a lot of things that we need to know - what can and should we do - it is getting quite worrying and troublesome - Has anyone been involved with something like this before ? Help

[Lung Per]

My advice for you is to turn the whole matter over to a reputable lawyer. It seems like the guy is trying to hide something and you won't be getting the info you need. A reputable (Thai) lawyer who will handle the committee's matters now and in the future can probably work it out for you. Unfortunately I don't have first-hand knowledge of one - perhaps other members can give a recommendation. Good luck.

[petercr]

My advice for you is to turn the whole matter over to a reputable lawyer. It seems like the guy is trying to hide something and you won't be getting the info you need. A reputable (Thai) lawyer who will handle the committee's matters now and in the future can probably work it out for you. Unfortunately I don't have first-hand knowledge of one - perhaps other members can give a recommendation. Good luck.

Have to agree with this advice, as Lung Per suggests either the developer is hiding something or perhaps this lack of co operation is simply the developer's way of preventing/delaying transfer to the owners committee. Whatever.............see a good lawyer and be prepared for a long haul

[PET]

My advice for you is to turn the whole matter over to a reputable lawyer. It seems like the guy is trying to hide something and you won't be getting the info you need. A reputable (Thai) lawyer who will handle the committee's matters now and in the future can probably work it out for you. Unfortunately I don't have first-hand knowledge of one - perhaps other members can give a recommendation. Good luck.

Have to agree with this advice, as Lung Per suggests either the developer is hiding something or perhaps this lack of co operation is simply the developer's way of preventing/delaying transfer to the owners committee. Whatever.............see a good lawyer and be prepared for a long haul

Lawyers mean FEES, and they can be expensive whilst you also seem to need an accountant ( more fees)

The first thing you need to do is to get ALL the home owners together to raise a starting fund, agree the strategy and nominate 3/4 persons to look into the situation using lawyers / accountants if need be.

[bozzman101]

we in sunshine 1 have this working fine for the last 4 years we set up our own committee

four years ago take care of our own wells cleaning of roads and up keep of our small estate

if any one wants to have a chat about it give me a pm

cheers

B

[Super Joe]

My advice for you is to turn the whole matter over to a reputable lawyer. It seems like the guy is trying to hide something and you won't be getting the info you need. A reputable (Thai) lawyer who will handle the committee's matters now and in the future can probably work it out for you. Unfortunately I don't have first-hand knowledge of one - perhaps other members can give a recommendation. Good luck.

Have to agree with this advice, as Lung Per suggests either the developer is hiding something or perhaps this lack of co operation is simply the developer's way of preventing/delaying transfer to the owners committee. Whatever.............see a good lawyer and be prepared for a long haul

I strongly disagree, with respect. IMO lawyers and animosity with a Thai developer is the last thing you want. You'll probably find the developer has a large percentage of the votes on future committee decisions etc, as leaseholders & building owners do not have a vote, the lessor/land owner does. Personally I would get it done as quick as possible, ofcourse with all neccesary due dilligence where possible, and what the risk is with missing info. Presumably when your further down the road of setting it up the developer will provide details to show wells, electric infrastructure etc is paid off, you could find that out yourselves probably. You know enough of electric, water/well, general upkeep of common areas, the worst is presumably you get the budget wrong and have to adjust it. No big deal.

Foreigners will be on the wrong side of any legal 'line' imho, Thai wife owners requesting this information on behalf of foreign spouses, and foreigners instructing lawyers to protect their interests all seems to fit the land codes' critieria for.... nominees, acting on behalf of... As I said on the other thread this Act allowing owners to form an association themselves was introduced to protect us from ever-increasing fees, and decreasing service/maintenance. Seriously, just get it done as soon as possible, with as less animosity as possible would be my thoughts. Then you've all got a stake in your home, and investment/asset.

The other thing is developer is only responsible for this for 'x' years after 51% of the plots are sold (not associated with common areas/club house etc afaik), so you'll have to do it sooner or later anyway. It seems to be the case that where you maintain good working relationships you will be welcomed to take a future active role in committee matters, go the other way and you'll likely be shut out.

SJ

[jacko]

If a Farang who cannot own The Land for his house is asked to Lease The Land from The Builder is that ok. ?
What happens if The Person Nominated by The Builder dies - who owns the Land then.
How can you Pay The Builder for The Land and then Lease it Back fron one of The Builders Friends.
Advice please I dont know !

[jacko]

Builder will not show us or give us Copies of The Statements for The Bank Account that we Owners pay our Administration Fees into - any ideas - what can we do ?
Please help us - we need to know what is happening ?

[Big Boy]

jacko,

You have started numerous threads about very similar subjects, which is definitely not required on a small forum like this. I am going to consolidate into a single thread. Please accept my apologies if the consolidated thread becomes a little confused.

[bonnielass]

Jacko
If you have a look I am sure there are a few threads about this already on the forum.
Probably the best universal advice is to check with a lawyer before you sign anything. They know how the system works, they can find out who legally owns the land and draw up a lease for you, which would then be registered at the land office.

[kalbow]

Jacko

Whilst I share your concerns I believe you should direct your questions to the working committee that was formed to represent the owners on matters such as these.

I seem to recall the committee sending out an email informing the owners that a lawyer was to be engaged to advise on the direction of setting up the Juristic Entity.

Cheers
Kalbown

[sateeb]