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BANGKOK 24 July 2019 00:39

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Good morning,

 

I have a basic question regarding rules in condominium. I own and live in a unit of a condo in Bangkok.

I already made renovation in it and the juristic office was already a pain in the *ss.

 

It went quite fine (I had to put a 36000THB deposit to the condo) but I plan to make new renovation (change windows).

This looks more complicated due to the fact that it will be visible from the outside.

However, I plan to do the same outside color so it should be almost invisible.

 

Anyway, I asked for the "rules and regulations" of the condo before telling them what I plan for my renovation.

Usual answer: no have, only one English page in the elevator stating "no pets allowed in the condo", "no airbnb" ...

And one page in Thai that my gf will translate to me soon. However, sounds a bit light.

 

So my question is: who make the rules for a condo and as a owner what are my rights ? I asked the juristic office which company manage the condo, they said metro property management but can't find any information online.

 

Thanks

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First of all, they should have a printed Rules and regulations booklet of your condo, if in thai only, ask to have it translated, it's your right, second, Ask to speak to juristic person manager of the building, he's the last word as what allowed and what not, ask him for clarifications regarding the buildings rules and regulations, should he fail to satisfy and address your concerns, furnish a letter to the building's juristic saying that in absence of any response and corporations of the their part you have no obligation and they have no power to stop you from doing what you need to do with in a reason of course, this is you're covered in case of later problems...

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I don't like your chances of changing an external aspect of a condo and with good reason. Internal you shouldn't have too many issues as long as you aren't cutting walls.

 

Can I ask why you want to change something like window types? You will have no chance of changing window opening dimensions.

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1 hour ago, Farangwithaplan said:

I don't like your chances of changing an external aspect of a condo and with good reason. Internal you shouldn't have too many issues as long as you aren't cutting walls.

 

Can I ask why you want to change something like window types? You will have no chance of changing window opening dimensions.

I will not change the size of the window, I change want to put real double-glazing windows. I live in Sukhumvit 50 in Bangkok and I can't get used to the sound, I plan to show them similar outside color so basically the difference would be small and not really visible from outside but I want to come prepared.

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13 minutes ago, smutcakes said:

Changing the windows which would be visible from the outside, however close to the original it is, is contrary to the Condominium Act. Having crap management or no regulations makes no difference to this and would be zero defense. Having no response from the building management does not permit you to break the law of the land which the condo act is. Even if your condo has zero regulations you cannot break the Act which changing the appearance of the outside of the building is.

 

As an aside in my experience of this type of thing, when someone says there change is nearly invisible, they are generally massively understating how much change there will be!

I didn't know about the "condo act", I found an English copy online, I will study I will study it carefully but it sounds like I'm screwed !

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2 hours ago, smutcakes said:

Changing the windows which would be visible from the outside, however close to the original it is, is contrary to the Condominium Act.

I see no references at all in the Condo Act to matters like this. In my experience they are entirely controlled by the building by-laws.

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3 hours ago, ezzra said:

First of all, they should have a printed Rules and regulations booklet of your condo, if in thai only, ask to have it translated, it's your right, second, Ask to speak to juristic person manager of the building, he's the last word as what allowed and what not, ask him for clarifications regarding the buildings rules and regulations,

Yes, all buildings should have rules as these are decided at the first GM after a building is declared to be a condo. Most buildings seem to have a pretty standard list of copy/pasted rules though some of the better ones have a much more extensive list, that someone actually gave some thought to. Notably items like "no short-term rentals".

 

The final arbiter is actually the committee - who are the elected representatives of co-owners - rather than the JPM, though the JPM does have the power to act in his own stead if the matter threatens the safety or integrity of the building. I dont think that changing window colours would really fall into that category.

So the actual decision of what constitutes a visible change is probably down to the committee but even the committee has to abide by whatever the by-laws say about the matter, if anything. If necessary it can be taken to a GM for co-owner confirmation. A GM can also modify the by-laws permanently though this requires a very large quorum.

 

So I would say that it all depends on what is meant by "small and not really visible".

 

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Can't stand condo living, usually in  a matchbox of a room, too many close neighbours and someone else dictating the rules to live by.  I live in my house, so my rules.  

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2 hours ago, Dewey said:

I didn't know about the "condo act", I found an English copy online, I will study I will study it carefully but it sounds like I'm screwed !

was going to say after your first post but at the 3rd one can't resist..... yeah, you're screwed big time and good luck trying to unscrew it, this is Thailand, management is or must be Thai, juristic is or must be Thai, no rules and regulations no by laws, this is the common thing here, been there done that, never got anything done besides aggravation from other owners (including foreign owners as well) is a fight that you will loose, attached is a copy of the condo act FYI

New Condominium Act 2008 Thai Law Texts (translations).pdf

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1 minute ago, KittenKong said:

That's fine and dandy until the guy in the house next door decides to adopt 20 dogs, or open a karaoke bar or a metal workshop. All those have happened.

 

Personally I like sensible rules that stop people from acting stupidly or inconsiderately, and I think that the rules are not applied enough in Thailand.

As he is a fair way away from me, and a mate, I doubt that is going to happen any time soon, 

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3 hours ago, Dewey said:

I didn't know about the "condo act",

Dude, you bought a condo on Sukhumvit and you don't know about the condo act? 

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1 hour ago, KittenKong said:

I see no references at all in the Condo Act to matters like this. In my experience they are entirely controlled by the building by-laws.

Section 48 (3)

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