Condo owners fined for short-term rentals

[maxtroy]

6 hours ago, striderman said:

i did one at soi 5 Jomtien when i arrived start of june

Thx for the update .

[chris2004]

My condo has just sent a note round to all owners making it clear than anyone found renting for under 30 days will be reported to Immigration. Great News.

[asmodeus]

Long story short...yes, short term renting is illegal but unlikely it will be widely enforced unless there's a ball busting juristic person in situ

 

http://www.khaosodenglish.com/featured/2018/06/24/thai-law-case-closed-on-airbnb-heres-why-it-wont-matter/

After panic erupted among thousands of Airbnb providers worried the days of sweet, tax-free income were over, the company told them Saturday that yes, they are breaking the law.

“Travel is evolving rapidly, and existing rules in Thailand do not reflect how millions of Thais travel or want to use their homes,” read the email, which went on to say the company was “sharing best practices, case studies and our experiences” with the Thai government.

It cited a Thai court of first instance ruling in January that owners of two condominium violated the hotels Act of 2004 by renting their rooms out daily and weekly. The judgments confirmed the opinion of many lawyers that the daily rental business – and operating a hotel business without a license – is illegal.

On the opposite side, those who interpreted the business as legal sometimes were unsure and couldn’t help but doubt whether they were right. Mostly they were on the side of the condo owners and produced legal theories to comfort themselves while risking criminal prosecution.

[fatjack1]

Reading all this stuff makes me sooooooo happy I never rented out my condo when I wasn't there.  

 

 

[padays]

On 25/05/2018 at 14:03, usexpat46 said:

I think that's what the New Nordic group does when they make those 10% guarantee returns.

They may actually not be renting anything and the chinese think they are actually being rented out and figure wow I can do this forever and I basically have a free condo  When in reality New Nordic may be simply giving a discount for a year or two on a likely inflated price.  If they keep expanding they can keep paying the "rental guarantee". One guy posted he has not received a chanote in 3 years of owning there lol.  Interesting.

[Pinoydave]

This is when investing money overseas becomes dodgy...... the assumption that the government will not enforce laws that it has always ignored in the past...... remember the golden rule never invest more than your willing to walk away from 

[JAI DEE MAK]

On 25/05/2018 at 16:12, likeaking said:

Another roadblock to short term condo rentals is that condos don't meet the same building codes as hotels. I don't know what the differences are but read this in a quote from a government official.

Many do.

JDM

[likeaking]

Laws mean nothing without enforcement, which Thais do sporadically depending on whose envelope is fatter at the time. TIT

[roderick]

On 14/05/2018 at 11:44, KittenKong said:

^^ Presumably because some concerned co-owners in the same building complained about it.

Personally I think that AirBNB is a terrible idea unless it is restricted to owners who only do B&B (ie bed and breakfast) using bedrooms in their own residence as the phrase implies. Anyone who does more is operating a hotel, and they should be licenced accordingly and should obey all the rules, and should be accountable and pay taxes. it's not for nothing that AirBNB has been banned or restricted in some major cities around the world.

Though in fact AirBNB is not even the main culprit here: there are Thai rental agencies that rent out rooms by the night in my building, and in others.

What absolute rubbish . Many condo owners have leased out their units on short-term rental deals , but this hardly constitues running a pub  

 

[fatjack1]

dssdf

[dickygozinya]

On 17/05/2018 at 09:18, usexpat46 said:

If its permitted in the condos bylaws would it be a problem?

Can not have by-laws that support activity against Thai laws.

The 2008 Condo act amendment subordinates By-Laws to both the condo act and any existing Thai laws.

[dickygozinya]

On 25/05/2018 at 12:38, Goolabert said:

I think a condo can be licensed as a hotel so daily/weekly rentals would be allowed. These type condos are sometimes referred to as condtels.  So it's really two issues, one is the licensing for the condo and the other is the condo by-laws.

If a new condo is set up this way initially by the developer it could be written into the initial condo by-laws.

Trying to get the owners to approve this change for a condo not set up this way would probably be very difficult.

I own five rental condos in the US and two of them allow daily rentals, the other three do not allow anything but long term rentals. The daily rental condos are in a large beach resort and it was set up this way initially upon conversion to condos. Very few owners live in their units full time but just reserve them for weekends or holidays when they want to use them.

 

The hotel ACT (obviously lobbied heavily by hotel companies), have implemented specific rules, such as: making the minimum number of rooms to be able to qualify as a hotel as 20, Requiring a specific amount of "Green Area", requiring additional emergency exit doors and sprinklers (even requiring retrofit if old buildings - so no Grandfathering), etc....  

[dickygozinya]

On 25/05/2018 at 21:14, maxtroy said:

Very interesting . Thank you . As a condo owner I was hoping to see a  minimum of 3 months to keep the

traffic down  and the 2 week party boys away (lol) . 30 days at least allow some protection in getting an inconsiderate short time stayer moved out .

The government should notify people who purchase  condo's that there is a 30 day minmum rental period .

Thailand is not a "nanny" state  so If you are UNAWARE of the law YOU are still 100% liable to be charged for breaking the law.

[maxtroy]

On 05/04/2019 at 07:22, dickygozinya said:

Thailand is not a "nanny" state  so If you are UNAWARE of the law YOU are still 100% liable to be charged for breaking the law.

Not a nanny state . Rubbish . 

I am not sure if you understand the term nanny state as the government in Thailand endeavors to closely monitor you whenever you change locations . They closely monitor internet traffic and block access to sites they deem unworthy of your interest . In fact Thailand is very much a nanny state up to and including imposing severe penalties for "inadvisable speech " about certain personages . 

I think your confusing nanny state with an uncoordinated knee jerk system of creating and enforcing laws . 

Before the inevitable 'If you don't like it leave posts surface " let me say I love my life in Thailand but that doesn't mean I don't see the  warts as well as the beauty of LOS .

 

[dickygozinya]

14 hours ago, maxtroy said:

Not a nanny state . Rubbish . 

 I am not sure if you understand the term nanny state as the government in Thailand endeavors to closely monitor you whenever you change locations . They closely monitor internet traffic and block access to sites they deem unworthy of your interest . In fact Thailand is very much a nanny state up to and including imposing severe penalties for "inadvisable speech " about certain personages . 

I think your confusing nanny state with an uncoordinated knee jerk system of creating and enforcing laws . 

Before the inevitable 'If you don't like it leave posts surface " let me say I love my life in Thailand but that doesn't mean I don't see the  warts as well as the beauty of LOS .

 

So we disagree.  Google: Nanny state is a conservative term of British origin that conveys a view that a government or its policies are overprotective or interfering unduly with personal choice. The term "nanny state" likens government to the role that a nanny has in child rearing. Wikipedia

 Thailand does not seek to protect people from their ignorant behavior.  You break a law you were unaware of -  your problem.     You fall out of a paragliding harness cause you thought it was too tight - your fault.

[maxtroy]

19 hours ago, dickygozinya said:

So we disagree.  Google: Nanny state is a conservative term of British origin that conveys a view that a government or its policies are overprotective or interfering unduly with personal choice. The term "nanny state" likens government to the role that a nanny has in child rearing. Wikipedia

 Thailand does not seek to protect people from their ignorant behavior.  You break a law you were unaware of -  your problem.     You fall out of a paragliding harness cause you thought it was too tight - your fault.

We may disagree on the semantics but we are in agreement on the fact that Thailand still expects people to take personal responsibility for the results of their actions . Unlike Western societies where blame inevitably goes to poor parenting and the state should reimburse the victim for their own stupidity .

The irony here is if you spend any time with a Thai woman you will find it is never their fault when something they do goes pear shaped  (555).

[AsiaSmiles]

Anyway, are short term condo rentals soon coming to and end?



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[davidge]

12 minutes ago, AsiaSmiles said:

Anyway, are short term condo rentals soon coming to and end?



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NO!

[chris2004]

8 hours ago, AsiaSmiles said:

Anyway, are short term condo rentals soon coming to and end?



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YES!

[AsiaSmiles]

I'll take that as a definite maybe.

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[)2akathaorai]

On 08/04/2019 at 03:33, AsiaSmiles said:

Anyway, are short term condo rentals soon coming to and end?

I guess that depends on whether the law is enforced or not.

Clearly now anything less than 30 days is illegal.

Theoretically all condos prices in Thailand should drop since the ease of holiday rents is now lessened.

[striderman]

On 08/04/2019 at 00:33, AsiaSmiles said:

Anyway, are short term condo rentals soon coming to and end?



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this is a place where the cops cannot even enforce motorcy riders to wear a helmet.

[speedtoy]

8 minutes ago, striderman said:

this is a place where the cops cannot even enforce motorcy riders to wear a helmet.

Why cant they, plenty O tickets being written.

[rainman333]

 

i think it is unlikely enforced but if they offer some type of reward/bounty for neighbors to report then that could be very bad for condo owners who do daily/short term rentals.

My opinion is that short term condo renters who load up their condo rental rooms with advance sound systems like big speakers+amps+ etc only encourages

bad behavior and they kind of deserve to get busted

[Oukiva]

On 08/04/2019 at 00:33, AsiaSmiles said:

Anyway, are short term condo rentals soon coming to and end?

No, but looks like now the Police intervenes when there are complains from condo owners (those who live in and don't rent on Airbnb). Regularly articles of such raids in media. Last one I saw :

Tourist Police raid the C Ekkamai condo to arrest people running rooms as ‘hotel’ – Bangkok - 27 May 19

https://thethaiger.com/thai-life/property/tourist-police-raid-the-c-ekkamai-condo-to-arrest-people-running-rooms-as-hotel-Bangkok