Out of the ashes...

[Arcadian]

My original thread on the developer bankruptcy was blocked, but here is an update. The main problem the residents had was the apparant loss of the kitty to pay for all the public services, but thanks to the swift action of some of the full-time residents a plan was quickly put into action, all cleaning, security, lighting and pool cleaning have been restored, albeit with a small extra charge which most of the residents have coughed up. The result is that we now have a more close knit community who should be paying less for our services as there is not a profit making organization to answer to.

[PeteC]

Good news Arcadian. Who are the holdouts and are they Thai families? I ask as I have something similar going on over here on the East side of the gulf although not nearly as extreme as your situation. Unfortunately there are always some who want something for nothing and make up the most absurd excuses. In my case they are all well to do Thais. Pete

[STEVE G]

Exactly the same thing happened on a development my friend lives at; the westerners replaced the developers arangements and everyone paid up apart from the Thais who mostly didn't bother.

[Arcan]

We have more or less the same problems in our village. Could you please explain how the service delivery is organized?

[Arcadian]

As far as I can tell all the non-payers are European, very few Thai owners. The permanent residents formed an ad-hoc committee, supported by overseas owners, and allocated certain responsibilities amongst themselves, a forum was established where everyone could have their say and unofficial votes are taken to establish the way forward on major expenditure, eg electric security gates. The whole thing is still in its infancy but there is a positive feeling about the viability of our project.

[charlesh]

On my estate 1 Thai not paid for 3 years, 2 others (Chinese Thais) who pay nearly a year late (3 houses) and are building another house for rent and 2 Europeans who pay in installments. Funny world!

[TypicallyTropical]

In cases like that the HOA in Hawaii can foreclose on the non-paying property owners. What kind of recourses do the HOAs have in Thailand?

[chopsticks]

HOA
I'm guessing but is it a USA abbreviation for "Home Owners' Association" ?

[migrant]

HOA
I'm guessing but is it a USA abbreviation for "Home Owners' Association" ?

It is.

[johnnyk]

AFAIK every association is different with a different constitution. Also, unlike other places, land and house can be separate in Thailand which complicates things. Trying to take away someone's home would be extremely difficult, expensive and time-consuming. Costs would far exceed the amounts owing. Trying this could also be a very deep swamp with monsters hiding in it. I leave that to the imagination but TiT.
The HOA may be only an association and not a legal entity which would severely limit its powers. The only way I know would be to have water built into the service charges then that could be cut for non-payment.

[brianks]

Nothing like the HOA in the U.S. here in Thailand. Every situation is different. Much depends on how rogue developer set things up originally. I was a part of a famous rogue developers project that he fled from and left a mess. Two of the residents actually "purchased" the maintenance contract from the rogue developer so they could just get rid of him. Fees are still very high at development with purchasers trying to recoup their "investment" and many residents very unhappy because of high fees including elect. and water. Fortunately was able to sell out of complex and now in another where I get more services for far less money.

Really hard to tell in advance of purchase if a potential problem with area unless you get a track record on the developer. Real Estates salesman don't share much, if any, of the negative of a developer because they want the sale. After building three projects where the residents are highly unhappy with the maintenance and fee situation, the rogue developer is now building another project nearby the others with real estate companies signs all over the front of his new project. Buyer beware is the only word that sums it up.

[poosmate]

brians wrote

Two of the residents actually "purchased" the maintenance contract from the rogue developer so they could just get rid of him. Fees are still very high

Why are fees still high unless they are trying to make a big profit out of it.Labour is cheap.
Also why are electricity and water prices high. What do you consider high fees?

[TypicallyTropical]

Fees shouldn't be "high" they should be prorated based on the expenses, whatever those are. Don't the HOAs prepare budgets? That should show where the money goes. I might be naive since I don't know how it is set up in Thailand, but a well managed HOA with a good BOD (Board of Directors) should be able to control cost. I'm a member of the BOD where I live and we have not had a fee increase for five years!

[London Boy]

To "brianks", Your full of shit and all you will ever tell is one side of a story which just happens to be your side.
No I am not the developer who you are refering to but yes the developer was linked to a very bad incident in Hua Hin which has been covered very extensively elsewhere on this forum but you my friend poisoned everyone with your actions and wisphers behind peoples back and if you remember rightly he did not run away and the people who bought the mainteneace contract bought it with backing of the residents but you were unhappy because YOU wanted to be in-charge of everything and luckily for all you left .
As they say on another thread (sad reflection) put up or shut up.

[poosmate]

To "brianks", Your full of shit and all you will ever tell is one side of a story which just happens to be your side

This is the type of thread which can create interest. Why not instead of moaning tell the other side of the story.