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BANGKOK 27 March 2019 10:09
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Court decides: AirBnB illegal in Thailand for daily and weekly rental

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4 minutes ago, rexall said:

Why does the condo association need a law to lean on?  They make up all sorts of rules all the time (regarding pets, renovations, noise, all kinds of stuff). If an owner does not comply and if the dispute cannot be resolved amicably, there is a legal process. But the process involves breach of contract not breaking a law.   At least that is the way it is in the U.S. with neighborhood associations and such who can be pretty draconian, so much so, some choose not to live in those types of developments. I assume it is at least similar in LOS.

All condo blocks will have broad encompassing by-laws like no illegal activity etc. Yes, things like pets etc are not defined in common law etc but manufacturing and selling methamphetamines is.

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Our condo has changed it Memorandum to make renting less than 30 days against the rules. This has been approved by the Land Office and every owner has been written too.

The JM advises that the BMA now visits to collect names of owners renting their properties; they're only interesting in collecting the information for Tax purposes.

The JM has the right to terminate services to the unit breaking the law, like Elec and Water; but I've yet to hear of that happening.

The effect is that the short term renters have reduced but not yet to zero!

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46 minutes ago, rexall said:

Why does the condo association need a law to lean on?  They make up all sorts of rules all the time (regarding pets, renovations, noise, all kinds of stuff). If an owner does not comply and if the dispute cannot be resolved amicably, there is a legal process. But the process involves breach of contract not breaking a law.   At least that is the way it is in the U.S. with neighborhood associations and such who can be pretty draconian, so much so, some choose not to live in those types of developments. I assume it is at least similar in LOS.

     As an American, you should be aware that most municipalities will have zoning laws and regulations in place covering all sorts of things and many will have rules and regulations that regulate short-term rentals.  They are all there to protect the residents and maintain the municipality as a place where people want to live and businesses want to be.  With the 'lean on' thing, I think it's more a case of the residents having a governing body looking out for their interests.

    Recently, the county where I used to live, Fairfax County, Virginia, revised its short-term rental regulations.  I think they could serve as an excellent model that protects residents but also allows short-term rentals of condos and homes under certain conditions.  There are fees and restrictions on the number of renters allowed and a number of other things but the main highlights:

1. The rental has to be the permanent residence of the owner doing the short-term rentals.  So, properties bought strictly as rentals are ruled out.  Properties bought by businesses to operate as hotel rooms are ruled out.  Good.

2.  The property can be rented for a maximum of 60 days per calendar year.  Even if you lie and say the property is your permanent residence where you live, when it is not, you are still restricted to 60 rental days a year.  With the 60 day restriction, owners with investment rentals will likely look for long-term renters instead as there will be more potential profit.  Also good.  Both #1 and #2 are designed to treat short-term rentals as limited income producers for owners renting their properties on a limited basis to earn some extra money.

3.  Condo associations and home owner associations can still choose to prohibit short-term rentals, should they choose to.  Very good.  The county is not forcing condo associations and home owner associations to accept short-term rentals.  Rather, the county is saying that if you want short-term rentals, these are the rules and regulations you must follow.   Seems to me the county has struck a nice balance with a thorny issue.

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On 6/4/2018 at 8:27 AM, stud858 said:

if they wanted to enforce, it would be easy. many ads for per day rental on internet.as for foreigners renting.  Don't do it.  go through an agent so you are not the one renting or considered as working. 

Its the Owner/ manager/ carer PRIOR to the agent, so agents are not responsible!!!

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Any news about this ?  The AirBNB website is still very busy in Thailand. If they really want to take it seriously they could just block the IP address so you can't access it from Thailand. 

 

 

Edited by balo

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3 hours ago, balo said:

Any news about this ?  The AirBNB website is still very busy in Thailand. If they really want to take it seriously they could just block the IP address so you can't access it from Thailand. 

 

 

You beat me to it! I am looking for an AirBnB to go with a BKK hospital visit next month, and there are hundreds still being offered. The new 'law' seems to have made little practical difference.

 

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4 hours ago, balo said:

Any news about this ?  The AirBNB website is still very busy in Thailand. If they really want to take it seriously they could just block the IP address so you can't access it from Thailand. 

 

 

Sure.  The news is nothing is being done.

Include all the hotel sites which have many ST condo rentals.

Its a laugher free for all!!

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9 minutes ago, tjg27 said:

The Palm Condo Wongamat 20190110_163922.jpeg

Sent from my SM-G960F using Tapatalk
 

  Centric Sea Condo also seems to be trying to stem the illegal daily renters.  Was there yesterday and there were signs somewhat like this lined up one after the other all the way up the driveway to the condo--in English, Russian, and Chinese.  Should have snapped a photo but the English one said something like "This is our home!  Please don't use it as a hotel!"   There were also fines listed for doing illegal rentals.  Nice some are at least trying a bit.

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On 5/16/2018 at 9:20 AM, zaphod reborn said:

Renting out condo units for less than a month without a hotel license was always a legal violation.  The court ruling was expected.  It doesn't apply to single-unit homes.  

Can anyone confirm that this is correct?  I have a detached house and don't want to rent out at the moment but that could change in the future. There's also a hell of a lot of villas still advertised to rent by the day/week in places like Samui/Phuket.

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43 minutes ago, KhaoYai said:

Can anyone confirm that this is correct?  I have a detached house and don't want to rent out at the moment but that could change in the future. There's also a hell of a lot of villas still advertised to rent by the day/week in places like Samui/Phuket.

Nothing from my experience in Pattaya anyway is being enforced.  1000's of mostly Chinese everyday renting Shortime.

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1 minute ago, bkk6060 said:

Nothing from my experience in Pattaya anyway is being enforced.  1000's of mostly Chinese everyday renting Shortime.

I'm wanting to know the law, not what's being enforced. I have no intention of breaking any law - enforced or otherwise.

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On 12/5/2018 at 6:37 AM, balo said:

Any news about this ?  The AirBNB website is still very busy in Thailand. If they really want to take it seriously they could just block the IP address so you can't access it from Thailand. 

 

 

It has nothing to do with air bnb directly. its just a platform that can set up to rent  monthly nightly or yearly or what ever so they are doing nothing wrong at all. Its the Thais breaking the law ,,what a big surprise eh ?

 

shut them down and everyone will switch to booking .com  or turnkey and a few others

 

Air bnb is a global Juggernaut that is unstoppable. And they do bring in more tourists in high season when the hotels are full or so expensive it puts people off and Im sure the authorities know it all to well

Edited by madmen

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Thailand can do what they want of course. I personally draw a distinction between folks being escorted into a condo unit by one of its owners, "these people will be staying with us for a couple weeks" type dialogue, and then property management employees doing that same thing. If I escort someone into my condo, then I feel like that should be fair play as it is my property and I am right there in front of management and security giving them permission. I see the disctinction anyway. 

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1 hour ago, utalkin2me said:

Thailand can do what they want of course. I personally draw a distinction between folks being escorted into a condo unit by one of its owners, "these people will be staying with us for a couple weeks" type dialogue, and then property management employees doing that same thing. If I escort someone into my condo, then I feel like that should be fair play as it is my property and I am right there in front of management and security giving them permission. I see the disctinction anyway. 

I totally fail to see the distinction.  You're still breaking the law.  Sort of like: Yes, I stole from 7-11 but I was very polite and I dressed well; I certainly see there is a distinction from the way I steal and regular thieves.  Yeah, right.  But, keep whispering that to yourself if it makes you feel better.

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