Lung Per wrote:
My advice for you is to turn the whole matter over to a reputable lawyer. It seems like the guy is trying to hide something and you won't be getting the info you need. A reputable (Thai) lawyer who will handle the committee's matters now and in the future can probably work it out for you. Unfortunately I don't have first-hand knowledge of one - perhaps other members can give a recommendation. Good luck.
Have to agree with this advice, as Lung Per suggests either the developer is hiding something or perhaps this lack of co operation is simply the developer's way of preventing/delaying transfer to the owners committee. Whatever.............see a good lawyer and be prepared for a long haul
I strongly disagree, with respect. IMO lawyers and animosity with a Thai developer is the last thing you want. You'll probably find the developer has a large percentage of the votes on future committee decisions etc, as leaseholders & building owners do not have a vote, the lessor/land owner does. Personally I would get it done as quick as possible, ofcourse with all neccesary due dilligence where possible, and what the risk is with missing info. Presumably when your further down the road of setting it up the developer will provide details to show wells, electric infrastructure etc is paid off, you could find that out yourselves probably. You know enough of electric, water/well, general upkeep of common areas, the worst is presumably you get the budget wrong and have to adjust it. No big deal.
Foreigners will be on the wrong side of any legal 'line' imho, Thai wife owners requesting this information on behalf of foreign spouses, and foreigners instructing lawyers to protect their interests all seems to fit the land codes' critieria for.... nominees, acting on behalf of...
As I said on the other thread this Act allowing owners to form an association themselves was introduced to protect us from ever-increasing fees, and decreasing service/maintenance. Seriously, just get it done as soon as possible, with as less animosity as possible would be my thoughts. Then you've all got a stake in your home, and investment/asset.
The other thing is developer is only responsible for this for 'x' years after 51% of the plots are sold (not associated with common areas/club house etc afaik), so you'll have to do it sooner or later anyway. It seems to be the case that where you maintain good working relationships you will be welcomed to take a future active role in committee matters, go the other way and you'll likely be shut out.