Jump to content
BANGKOK

Recommended Posts

I have an important question about the system in Thai courts. How does it work in criminal cases? Let's say someone is accusing you to have damaged something. The police could not find any evidence against you. So the police is not taking any action since there would be no point.
Now, in Thailand anyone can take action in court if the police does not do it if claimant thinks they have enough evidence against you.
How much time does a defendant have to present their point of view? What kind of evidence is allowed? Videos, photos?
Maybe some additional information might help: in this particular case the claimant is clearly in violation of Thai law. This system to fight fires in a condominium building is not properly working. Some floors there's no water at all since the valves to open the water were not tested in decades. So even a strong man using all his power cannot turn on the water, can not open the valve.
In some floors are no water hoses. in some floors there are no nozzles. Especially in the floors with no water nozzles there's not enough pressure to fight a fire.
So knowing all these facts and sending a report to the district office the building is located in did not yield any result, the district office doesn't care.
The buildings management got self confident saying: "You see even the district office says everything is 100% fine." 
They reported back to the residents that everything is working and everything is just fine. In order to prove them wrong a video was taken in one floor showing that nothing is working properly.
Now the management says the damage already existent in this particular floor the video was taken in is new. It was caused by the residents who took the video.
As mentioned before they got the police involved. But the could not find evidence that the residents who took the video caused the damage.
As a result and in order to save face they filed criminal charges now by themselves.
They also say the damages are 30,000 baht.
 
Anyone with experience in Thai courts?
 
  • Confused 1

Share this post


Link to post
Share on other sites

My personal experience is that everything, including the legal process, will be weighted against you.  Nothing you do, say or present will be accepted as completely valid but the opposite will be true for the other side.  It is likely that you are on a hiding to nothing.  If you want to proceed be very careful and also be extremely wary of your own lawyer whose advise may flip in an instant leaving you high and dry or, at worst, being penalised by the court.    

  • Like 1

Share this post


Link to post
Share on other sites
2 hours ago, zappalot said:

How much time does a defendant have to present their point of view? What kind of evidence is allowed? Videos, photos?

Send a message @prakhonchai nick maybe he can help.

Share this post


Link to post
Share on other sites
18 hours ago, zappalot said:
Now the management says the damage […] was caused by the residents who took the video […] They also say the damages are 30,000 baht.

Definitely don’t go to court, unless you have a skilled Thai lawyer with courtroom experience and who works for free.

 

But I would be surprised if the courts have time to take this case anytime soon, more appropriate would be to try mediation between the two parties before wasting the court’s time on this.

 

I don’t really understand the situation though: Are you a co-owner or renter? If co-owner, why not bring up the issue at the AGM (instead of trying to get an injunction against your management company)? Ideally this would be a concrete proposal about getting all emergency equipment tested to ensure it is up to standard, and if not, take necessary measures if any issues are found.

 

We do test all our emergency equipment once every 2nd year (done by a third party contractor).

 

The management company works for the co-owners, and the AGM is where the co-owners make decisions about how the building should be run.

Share this post


Link to post
Share on other sites

Yes you are right. Such issues should be taken care of by the management respectively be talked over in an annual general meeting.

In this building it seems only the foreigners care.

They do not even have an annual general meeting anymore. Repeated complaints to the land Department, even supported by some Thai co-owners do not yield any results. Unfortunately one of the committee members has connections to the boss of the Land Department.

Most co-owners with Thai passports believe whatever they are told. You can show them a picture of a missing fire hose In a particular floor and they point out that the management says that there is a fire hose. They are fine with being cheated on, even worse, they like it. 

 

Share this post


Link to post
Share on other sites
1 hour ago, zappalot said:

Yes you are right. Such issues should be taken care of by the management respectively be talked over in an annual general meeting.

 

In this building it seems only the foreigners care.

 

They do not even have an annual general meeting anymore. Repeated complaints to the land Department, even supported by some Thai co-owners do not yield any results. Unfortunately one of the committee members has connections to the boss of the Land Department.

 

Most co-owners with Thai passports believe whatever they are told. You can show them a picture of a missing fire hose In a particular floor and they point out that the management says that there is a fire hose. They are fine with being cheated on, even worse, they like it. 

 

 

 

Mate,      Don't ya think its coming round to time to move on and sell your place?

Yer case doesn,t sound winable.

  • Like 1

Share this post


Link to post
Share on other sites
Posted (edited)
12 hours ago, zappalot said:

Repeated complaints to the land Department, even supported by some Thai co-owners do not yield any results

I think the Land Office is more concerned about whether the paperwork filed with them are in compliance with the law, than actively involve themselves in the quarrels that goes on in various buildings.

 

Curious: How many units in your building?

 

If the committee doesn’t hold AGM then the co-owners really should just call for an EGM, elect a new committee, and get that registered with the Land Office. But if you are in one of those monster buildings with > 1,000 units then you will need to ring a lot of doorbells, as it requires no less than twenty percent of the total votes to call for an EGM (if the JPM and committee both refuse).

 

Btw: committee members can only serve two consecutive terms (four years). I don’t know how long your current committee has served, but in theory they cannot serve forever.

 

Edited by lkn
  • Like 1

Share this post


Link to post
Share on other sites

A good friend wasted over 1.5 million in lawyers fees and court cases only for the case to go against him he lost everything and now lives by hand and mouth even his shop was repossessed by the bank .

  • Sad 1

Share this post


Link to post
Share on other sites
Posted (edited)

Condo management committees are often ruled by one or two wealthy Thais who have a bunch of proxies prepared to do whatever they are told.  I was involved (with other owners) in a case where both the police and the Land Office agreed that the management was breaking several important laws and yet, through a mixture of intimidation of lawyers, Thai and foreign owners, blatant lies and presumed bribery, we ended up in a situation where paying the manager for fictitious damage to his reputation was the only way out.  It remains a source of wonder to me that property owners here pay no attention to maintenance and other things that may seriously affect the value of their investment.

 

I sympathize absolutely with the fire escape situation, but my advice is to turn a blind eye until you can sell up and live elsewhere.  With everything else going on in the world this kind of thing is the last thing you need.

Edited by Greenside

Share this post


Link to post
Share on other sites
Posted (edited)
21 minutes ago, Greenside said:

Condo management committees are often ruled by one or two wealthy Thais who have a bunch of proxies prepared […] and presumed bribery

Somewhat ironic that people would go through so much trouble to be in the committee only to then neglect the duties.

 

I assume the motivation for this would be to steal money from the building? But if that is really the motivation, how wealthy can these people be? Or maybe they are wealthy because they are basically crooks?

 

Fortunately I have not seen any of this in the buildings I have stayed, but then, I have only stayed in low rise buildings where you would have to be pretty desperate to steal from the building, given the lower revenue from not having 500+ units.

 

Edited by lkn

Share this post


Link to post
Share on other sites
On 3/29/2020 at 6:37 PM, steven100 said:

This is Thailand zappalot, it's not the UK or US or Australia.  The Thai courts interact differently, they will lean toward their own kind. 

Your best option is leave it, forget about the issues, it's not your problem.

Forget it and move on otherwise your the one who will end up worse off. 

wrong. Thai courts do not favour Thais over foreigners. They favour the written law. Many Thais in jail charged by foreingners.

Share this post


Link to post
Share on other sites
3 hours ago, crazykopite said:

A good friend wasted over 1.5 million in lawyers fees and court cases only for the case to go against him he lost everything and now lives by hand and mouth even his shop was repossessed by the bank .

let  me guess. that was because he publicly defamed the manager.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 members

    No registered users viewing this page.

×
×
  • Create New...