Residents of luxury condo want action as foreigners allowed to stay on daily rent

[yokat]

The new juristic person of my small condo just put up a sign with a reminder regarding short term rentals. There's been police cars parked at my condo a few times but have never seen any control or enforcement taking place.

 

I've seen condos in my building on Agoda but I have not been bothered by other tenants so my experience is not really that of a noisy invasion, I suspect less than half the unit are regularly used (at least 20 units are for sale, another 20 for rent and way overpriced).

[SpokaneAl]

It is good to know that there does not appear to be laws against short term renting. Condo by-laws don’t count. We will continue to periodically rent for a couple of weeks at a time and let others gnash their teeth at the injustice of it all.


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[yokat]

2 hours ago, SpokaneAl said:

It is good to know that there does not appear to be laws against short term renting.

 

According to the sign I saw and what I read on internet : Jailed up to one year and fined up to 20,000THB for running a hotel without a license + 10,000THB per day of the business running illegally after getting caught.

I would be very surprised if anybody get jail time but fines are definitely a risk and for the big players in the illegal hotel games those fines are a few days worth of rent.

[SpokaneAl]

 
According to the sign I saw and what I read on internet : Jailed up to one year and fined up to 20,000THB for running a hotel without a license + 10,000THB per day of the business running illegally after getting caught.
I would be very surprised if anybody get jail time but fines are definitely a risk and for the big players in the illegal hotel games those fines are a few days worth of rent.

That seems like a different situation than someone renting out their single condo unit periodically.


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[BobBKK]

4 hours ago, SpokaneAl said:

It is good to know that there does not appear to be laws against short term renting. Condo by-laws don’t count. We will continue to periodically rent for a couple of weeks at a time and let others gnash their teeth at the injustice of it all.


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A condo is NOT a hotel. Of course there is a law against using a condo as a hotel.

[SpokaneAl]

A condo is NOT a hotel. Of course there is a law against using a condo as a hotel.

That is why world wide internet sites like Airbnb and its competitors were invented.


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[Rod the Sod]

3 hours ago, SpokaneAl said:

 

That is why world wide internet sites like Airbnb and its competitors were invented.


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That gets most stupid comment of the thread award. Trolling today are we?

[BobBKK]

On 6/10/2019 at 11:01 PM, SpokaneAl said:

In that throughout this thread posters have claimed that renting a condo for less than 30 days is against Thai law, perhaps someone could provide an actual reference to educate us law breakers.


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HOTEL ACT B.E. 2547 (2004)

and also Condominium Act which prohibits commercial activities.
 

[Mavideol]

3 minutes ago, BobBKK said:

HOTEL ACT B.E. 2547 (2004)

and also Condominium Act which prohibits commercial activities.
 

please be so kind to provide the paragraph number on the hotel act where it says no rental of condo units because it relates to hotels... the above post for condominium act refers to commercial activities and this has different options/interpretations, the act says """ 

3. Businesses in the condominium building are allowed to operate only in designated areas, and a separate entrance is required so that business activities do not to disturb the residents.

[SpokaneAl]

That gets most stupid comment of the thread award. Trolling today are we?

Your opinion not withstanding, this is precisely why those entities got started - to give a home or condo owner an avenue to generate a bit of extra income and also provide the consumer with an alternative to hotels.


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[Mavideol]

2 minutes ago, SpokaneAl said:

 

Your opinion not withstanding, this is precisely why those entities got started - to give a home or condo owner an avenue to generate a bit of extra income and also provide the consumer with an alternative to hotels.


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just check with the juristic first to make sure you don't step on anybody's toes and also IMO they would be (are) the ones may give you more trouble

[ThomasThBKK]

5 minutes ago, SpokaneAl said:

 

Your opinion not withstanding, this is precisely why those entities got started - to give a home or condo owner an avenue to generate a bit of extra income and also provide the consumer with an alternative to hotels.


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https://juslaws.com/news-legal-articles-thailand/legal-aspects-on-renting-out-a-condominium-unit-on-airbnb-in-thailand.php

 

you are breaking multiple laws by doing so

 

1) condo act

2) hotel act

3) taxation act (prolly because you don't pay rental income taxes? )

4) immigration act (prolly for non reporting of stays)

5) working without a work visa, if you do it yourself in a non commercial entity

[Mavideol]

7 minutes ago, ThomasThBKK said:

https://juslaws.com/news-legal-articles-thailand/legal-aspects-on-renting-out-a-condominium-unit-on-airbnb-in-thailand.php

 

you are breaking multiple laws by doing so

 

1) condo act

2) hotel act

3) taxation act (prolly because you don't pay rental income taxes? )

4) immigration act (prolly for non reporting of stays)

5) working without a work visa, if you do it yourself in a non commercial entity

you are not completely wrong but the link that you submitted it's not from a legal entity and the first paragraph already states so many might or might not that it's irrelevant to base any decision on such terms, please note .."""

Legal Aspects on renting out a condominium unit on AirBnB in Thailand

State agencies in Phuket recently warned condominium owners that renting out a condominium unit on daily basis using AirBnB might violate the Hotel Act. Furthermore, Land and House Tax and Personal Income Tax is rarely paid on such rental income (if not on any rental income). As if that wasn’t bad enough, renting out on a daily basis might in some cases be regarded as conducting a commercial business and consequently violate the Condominium Act, which forbids commercial activities, (Incorrect and I already send you the info on that) and in the case of foreigners the Foreign Business Act.

 

[ThomasThBKK]

Absolutely nothing is unclear, there have been court cases decided on that already, in hua hin for example: https://bk.asia-city.com/city-living/news/heres-what-airbnb-ban-really-means-bangkok

 

yeah you might not break the condominium act, but prolly condo bylaws. What you break for sure is the hotel act as already ruled in court.

 

And no it's not irrelevant, it's an opinion from a lawyer because we aren't lawyers. It's normal lawyerspeak as all they do is interpreting laws how they see it. Some of his interpretion are already ruled to be true.

[Nemises]

Lots of unhappy condo OWNERS on here. If only they they were RENTING...could then just walk away from this, and the many other assoc. problems of condo owning.

[madmen]

13 minutes ago, Nemises said:

Lots of unhappy condo OWNERS on here. If only they they were RENTING...could then just walk away from this, and the many other assoc. problems of condo owning.

yes Pleeeez everybody should take this advice, the more renters the better can only push rent prices up. All of my tenants have been farang with $$$ , never ending supply of them

[Nemises]

Why BUY into all these hassles when, compared to farangland, rental accom in Thailand is so cheap and easy to obtain?

[BobBKK]

14 hours ago, Mavideol said:

please be so kind to provide the paragraph number on the hotel act where it says no rental of condo units because it relates to hotels... the above post for condominium act refers to commercial activities and this has different options/interpretations, the act says """ 

3. Businesses in the condominium building are allowed to operate only in designated areas, and a separate entrance is required so that business activities do not to disturb the residents.

 

DYOR it states clearly you need a LICENSE does your condo have a LICENSE? 

[BobBKK]

14 hours ago, Mavideol said:

please be so kind to provide the paragraph number on the hotel act where it says no rental of condo units because it relates to hotels... the above post for condominium act refers to commercial activities and this has different options/interpretations, the act says """ 

3. Businesses in the condominium building are allowed to operate only in designated areas, and a separate entrance is required so that business activities do not to disturb the residents.

 

Your quote on commercial businesses refers to things like laundry, 7/11 etc. and they need a separate entrance. These are in designated areas identified before the condo is sold out by the developer. You are in denial.

[yokat]

The definition given in the hotel act is clear: any accommodation providing shorter than monthly rental are hotel. If you operate one of those without a license you are breaking the law.

Quote

“hotel” means an accommodation established for business purposes
of providing temporary accommodation service for travelers or any other person in
exchange for compensation, but not includes:

...

(2) an accommodation established for the purpose of providing
accommodation service for monthly paid service charge or upward only;

source: http://www.thailandntr.com/en/trade-in-services/laws/organization/download/152

[DavidFarrow]

On 6/10/2019 at 12:10 PM, KittenKong said:

The law that is usually considered to be broken by short-term rentals is the Hotel Act.

 

The Condo Act is somewhat more vague but it does mention not allowing businesses in residential areas, and ensuring general peace and order, and many would consider that short-term rentals are clearly businesses and likely to lead to undue noise and activity.

then this entire issue needs to be dealt with by the building owners and manager.

[SpokaneAl]

If the Hotel Act is truly the basis for this 30 day minimum stay issue, I guess everything is null and void for the foreseeable future.

https://forum.thaivisa.com/topic/1108582-thai-government-announces-hotel-license-amnesty/


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[Mavideol]

29 minutes ago, SpokaneAl said:

If the Hotel Act is truly the basis for this 30 day minimum stay issue, I guess everything is null and void for the foreseeable future.

https://forum.thaivisa.com/topic/1108582-thai-government-announces-hotel-license-amnesty/


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having a cup of coffee with IMO, I question about the new amnesty law..... immigration doesn't allow foreigners to rent condo on a daily basis, they say people without proper WP or extensions can not work, correct and agreed, they said can only rent using rental agency, I thought AirBnB was a rental agency but by the IMO standards they are not, can only use Thai agencies, I said that Thai agencies don't speak enough English to deal with foreigners renting rooms, poor service and so forth, no answer provided, they left had to drink my coffee alone....... I guess the hotel law only applies to Thais