No Entity For Community - Is is legal for someone to live inside the community pool toilet room?

[Thomas J 2,228]

Live inside a gated community.  Like most associations there is always a controversy over the collection of community fees and how they are spent. At present, the person charged with being president of the association is not a homeowner within the community but rather is paying the mortgage and living in the home that is in her aunts name.  As a result it is "said" she can not form a legal entity.  Is this true? 

 

1. There has been disagreement since this person collects the community fees only in cash and refuses to provide any accounting of how monies are spent.  There is no bank account in the name of the community and fees from certain properties that are bank owned are transmitted into the presidents personal account.  Is that legal

 

2. The president has a friend who she installed as "security" for the community.  Several people have expressed displeasure with him and want him replaced.  She indicated that she can not replace him because we never established a job description and if he is terminated the community could be sued and liable for a large severance.  I find that hard to believe but does anyone know if there is such a "job guarantee" law here in Thailand.  In the USA you are unless under contract an "at will" employee that can be terminated without cause at will. 

3.  The president unilaterally made the decision to allow this security guard to live inside the toilet room that services the common pool.  Aside from the fact that that eliminates any toilet facilities at the pool does anyone know if there are any laws that prohibit living in a toilet room.  Here again in the USA many have attempted to live inside sheds, storage lockers, windowless basements etc and they are not allowed since they do not meet the ordinances required to be allowed for living spaces.  If it is against the law, what agency in Thailand would enforce it?

 

[bradiston 184]

On 1/13/2021 at 10:53 AM, Thomas J said:

Live inside a gated community.  Like most associations there is always a controversy over the collection of community fees and how they are spent. At present, the person charged with being president of the association is not a homeowner within the community but rather is paying the mortgage and living in the home that is in her aunts name.  As a result it is "said" she can not form a legal entity.  Is this true? 

 

1. There has been disagreement since this person collects the community fees only in cash and refuses to provide any accounting of how monies are spent.  There is no bank account in the name of the community and fees from certain properties that are bank owned are transmitted into the presidents personal account.  Is that legal

 

2. The president has a friend who she installed as "security" for the community.  Several people have expressed displeasure with him and want him replaced.  She indicated that she can not replace him because we never established a job description and if he is terminated the community could be sued and liable for a large severance.  I find that hard to believe but does anyone know if there is such a "job guarantee" law here in Thailand.  In the USA you are unless under contract an "at will" employee that can be terminated without cause at will. 

3.  The president unilaterally made the decision to allow this security guard to live inside the toilet room that services the common pool.  Aside from the fact that that eliminates any toilet facilities at the pool does anyone know if there are any laws that prohibit living in a toilet room.  Here again in the USA many have attempted to live inside sheds, storage lockers, windowless basements etc and they are not allowed since they do not meet the ordinances required to be allowed for living spaces.  If it is against the law, what agency in Thailand would enforce it?

 

Find a lawyer, one that will take a case against a Thai. Maybe hard to find, but an overseas law firm used to handling "farang affairs" would take this, I'm sure. Combine with other residents if possible. The whole thing sounds completely cockeyed.

[Thomas J 2,228]

2 minutes ago, bradiston said:

Find a lawyer, one that will take a case against a Thai. Maybe hard to find, but an overseas law firm used to handling "farang affairs" would take this, I'm sure. Combine with other residents if possible. The whole thing sounds completely cockeyed.

Heading to the land office today to get documentation that she is not a jurastic person in charge of a legal entity over the housing.  I hate associations.  Everyone complains but no one wants controversy so they just allow the infractions to go on.  No one wants the job so even if the person doing it is scraping money for herself no one wants to question it.  

In any association I have ever been involved with all payments always go into an account in the name of the association and all expenses paid out of it.  Here, she wants only the fees in cash and all payments for all bills are paid by cash.  Never not even once any accounting of monies coming in, or expenses paid.  I can't believe she does the job out of the "goodness of her heart" 

[bradiston 184]

2 minutes ago, Thomas J said:

Heading to the land office today to get documentation that she is not a jurastic person in charge of a legal entity over the housing.  I hate associations.  Everyone complains but no one wants controversy so they just allow the infractions to go on.  No one wants the job so even if the person doing it is scraping money for herself no one wants to question it.  

In any association I have ever been involved with all payments always go into an account in the name of the association and all expenses paid out of it.  Here, she wants only the fees in cash and all payments for all bills are paid by cash.  Never not even once any accounting of monies coming in, or expenses paid.  I can't believe she does the job out of the "goodness of her heart" 

I can't see you're going to get very far on your own. It'll more than likely be a huge amount of running around with massive language barrier problems, not to mention cultural. For me, a lawyer would be the only way forward.

[wombat 2,845]

sounds like a rice bowl is about to be upset.

[sherwood 632]

Have a quick look at this info, will give you some confidence in your future actions.

You may need a Law firm or at least the backing of some fellow owners.

Good luck

 

https://magnacarta.co.th/faq-section-2/condominium-juristic-management/

[Ireland32 2,152]

Document everything pictures of this Toilet Dweller 

[PGSan 251]

US law and common practice is not at all relevant here, any more than is UK, German or Chinese! 

[Thomas J 2,228]

14 minutes ago, PGSan said:

US law and common practice is not at all relevant here, any more than is UK, German or Chinese! 

I would agree with that. In USA you would need a signed agreement between the homeowner and community association. There would be a formal document of bylaws stating what both parties were responsible for. Also even with permission a person would not be allowed to live in areas not meeting code for living quarters

[bradiston 184]

2 hours ago, PGSan said:

US law and common practice is not at all relevant here, any more than is UK, German or Chinese! 

You think Thailand doesn't have laws?

[1FinickyOne 7,031]

1.] That's not good - theft highly likely

2.] that's not good either

3.] nor that... 

 

US laws are not applicable here, but this person should not be in charge... rally your other owners. This can come to no good. 

 

Good luck

[davidcraig 13]

If you do get a lawyer. How will you make sure your lawyer is actually working for you? How will you know they haven't contacted your opponent and are taking money from them?

[Delight 429]

 To my knowledge there is no Thai law(Reference Walled Estates) -which is as comprehensive as the Condominium Act.

 

There is some kind of legal protection -but very weak.So seeing a lawyer  maybe pointless. 

 

You may be able to convert the estate to a Juristic Person-which should give more control.

If this was possible then you need to see somebody who specialises in Company law. 

In this country -that may indeed be  a lawyer

[Speedhump 391]

5 hours ago, Thomas J said:

I would agree with that. In USA you would need a signed agreement between the homeowner and community association. There would be a formal document of bylaws stating what both parties were responsible for. Also even with permission a person would not be allowed to live in areas not meeting code for living quarters

Yes, not relevant. So why are you droning on about US law, cluttering up the thread?

[bradiston 184]

4 hours ago, davidcraig said:

If you do get a lawyer. How will you make sure your lawyer is actually working for you? How will you know they haven't contacted your opponent and are taking money from them?

Just don't hire a Thai lawyer.