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smutcakes

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About smutcakes

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  1. Would love to know how the numbering system works in the Thai judiciary. How some cases seem to get fast tracked whilst others dissapear. Run over and kill someone nothing. Issue a new passport 2 years in jail. Quite incredible.
  2. Most dont reduce fines as most Condos have Committees who want the best for the building and maintain them at the maximum outlined in the Act, and hope that the majority of responsible owners pay on time, which indeed they do. I have however seen one small Condo reduce the interest payments for late payments up to 6 months for a specific reason but maintaining it below the 12% threshold of the Act. If they are over 6 months they get hit with the full 20% if the Condo chooses to have it at the maximum. Not every condo is the same, some don't have any problems collecting fees. In some the Committee recognized due to transient nature of owners that they should be given 60 days interest free, or reduced interest if paid prior to 60 days. Its not a difficult concept. The Committee recognized that late payment was not some people trying to avoid paying, just circumstance meant that they were late and they agreed up to a certain extent their should be flexibility on interest up to a certain time. Certainly it would not work on all Condos but does on some, which is why the Condo Act allows for variances like that. I am not talking about removing all interest payments which you seem to suggest, but the Act allows for an element of flexibility within it which some Condos use. What are you talking about foreclosure?
  3. smutcakes

    First convict executed in Thailand in nine years

    With the Thai judiciary having the death sentence makes me a little uneasy!
  4. You have completely lost me. As an example: The Act say for late payment of common fees the maximum penalty is 20% per annum. It is up to the discretion of the Co-owners if they want to leave it like that which the vast vast majority do, or they would like to amend the regulation lower than the MAXIMUM penalty stipulated in the act. Failing to pay your common fee and paying interest on your late payment is nothing to do with the lands department. Registering your AGM within 30 days is specifically dealt with in the Act and failure to register them within 30 days has a penalty to the JPM as stipulated in the Act. Why would Co-owners be permitted to change a fine specifically stated in the Act and levied by the Lands Department. You have completely lost me with this.
  5. Why would the condo act exist if you could just amend your bylaws outside of what it says in the Act? Okay lets have the developer amend the regulations so they dont need 50% to increase common fee, or amend the regulations that they are exempt from Common fee payment etc etc......Bylaws exist as they provide day to day rules and regulations of the Condominium which you expect 99.99% of owners to understand and adhere to. You can have bylaws which set stipulations above and beyond that of the Act, but it would never be enforceable if it came to a fight in court. You Condominium bylaws do not go over and above the law of the land. Anyway, we can agree to disagree.
  6. It can be 30 days in your by laws, but you would not be able to void a meeting or make resolutions passed in the meeting void if they did not send it 30 days before. The Condo Act supersedes your By Laws. The Act says interest is not to exceed X%. It is up to the Committee whether they want to leave it at that level or reduce it below that for any particular reason. I was involved in managing about 20 condominiums in Bangkok and Pattaya for 10 years, and have had pretty much every legal fight in the book and many out of the book. Obviously lawyer to lawyer and situation to situation is different, but we have used Baker & Mckenzie, DLA Piper, Tillke & G... and this seems to be the general advice with minor variances. I.e you can put what ever you want in your bylaws, but should their be dispute they will revert back to the Act, over and above what is in your bylaws.
  7. smutcakes

    Sky High Prices?

    I doubt its worth much. I believe it is Star View Condo, visible clearly off elevated tollway going over the bridge. Its on Rama 3 road so currently not high prices when compared to more central areas, although its starting to develop. Prices are about 100-120K per sqm, developed by Eastern Star and the roof is common area swimming pool etc as someone mentioned.
  8. He is not saying you cannot change it to more. You can change your internal house regulations to 30, there is no issue with that. However if someone pursued the management for not giving 30 days notice, they could not be charged for not giving enough notice as they have done as per the Condo Act which takes precedence over your internal regulations. The law says 'not less than 7 days" so quite clearly having it less than 7 days would not be permitted amendment. Co-owners could vote in zero penalties on late payments if they so wished. But they could not vote in 25% interest as it exceeds that stated in the Act which is 20%.
  9. Very difficult to chuck a few people in jail. Those people are connected to higher ups who all have dirt on each other. Start chucking a few military in jail and see how long you last in Government. The main issue is that it seems to he impossible for anyone who is not corrupt or at least not surrounded by those who are to get into a position of power. The patronage system runs so deep and is so strong.
  10. You can change penalties, you just cannot put them over the threshold stipulated in the Act. A condo can choose to charge interest less than the maximum stated in the act. Condos by laws are enforceable but they do not supersede the Act. If it was possible to change the parameters by the Act, developers could simply amend the regulations at the outset that they could anything they wanted. You can have your bylaws at 30 days which would be good for the condo, but i don't believe should it kick off into an issue and someone filed a complaint that they breached the regulations, it would not be enforceable as they have still compiled with the highest law which is the condo act.
  11. I believe the change may be accepted, but if they were to breach the regulation and sent it less than 30 days i don't think you could do anything as they are still in compliance with the law. If that is not the case what is the point in having the law at all when Condos can just vote in different parameters? I have seen it before where a Condo choose to increase the penalties for late payment by majority of ownership. When they tried to charge the Co-owner and they challenged it, it was not enforceable as it was over and above penalties as stipulated in the Act. It could be good to set as a guideline for good practice, but if it was breached i don't believe it would invalidate the meeting.
  12. smutcakes

    Impact Arena (BTS/MRT)

    Obviously it depends on time of the day, but either of those options are fine. I would say no longer than 30 mins from either of those, unless there is rain or unexpectedly heavy traffic. Should not be to bad as provided you are going in the morning and coming back in the afternoon, generally you are going against the flow of traffic.
  13. It would be interesting to know if some of the money paid to the Wat by the NOB ended up back in the hands of those in the NOB..... If i was a betting man, i know which way i would bet.
  14. smutcakes

    Cost to drive from Khon kaen to Pattaya

    I drive regularly from Bangkok to Chumphon which is 480km. I drive a Honda Jazz which takes E20 and it costs roughly 600 baht one way. I do not save fuel and have a fairly high consumption driving style.
  15. smutcakes

    The Kiwi - what's going on?

    Dirty Nellys closed as no one ever went there. For the most part to be successful in the pub/bar industry in Ekkamai and Thonglor you need to be Thai and young, hip and sociable. As others have mentioned Londoner is on Pattanakarn, not a great location, but its just a play thing of a wealthy expat and Witches now have 3 units on Soi Rumradee (The soi adjacent to Novotel at Ploenchit BTS). Funny business model Witches have there..........
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