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After handover: the juristic person and the common fee

The common fee per sq wah, why a low-density project pays more per home, the first-year budget, the sinking fund, and when control passes to an elected residents’ committee.

The village juristic person

นิติบุคคลหมู่บ้านจัดสรร Ruensuan Lam Luk Ka Khlong 4 — registered under the Land Allocation Act B.E. 2543

฿38 / per sq wah per month

a 100 sq wah plot pays ฿3,800/month; a 150 sq wah plot pays ฿5,700

Why it is higher than a dense project, not lower

22 homes share the upkeep of the road, the swale, the retention pond, the pump, the entrance gatehouse and the north green strip. A project at 9 homes/rai spreads the same class of cost across ~4× the households. The site says this plainly and publishes the budget.

The published first-year budget

Security (2 guards, 24 h)฿780,000
Gardening & common landscaping฿240,000
Road / drain / pump maintenance฿180,000
Electricity (street & common)฿96,000
Pond & water management฿72,000
Office, admin, insurance, audit฿180,000
Contingency฿120,000
Total฿1,668,000

against 22 plots’ fees of ~ ฿1,003,000 per year —plus the developer’s top-up for unsold plots

The developer pays the common fee on every unsold and untransferred plot, and covers any first-year budget shortfall — stated as a contractual obligation, not a promise.

The sinking fund

one-off ฿550 / sq wah at transfer — a 100 sq wah plot pays ฿55,000. Held by the juristic person for major replacement (road resurfacing, pump replacement).

Handover of control

The developer runs the juristic office and appoints the manager until ≥ 50% of the 22 plots are transferred, then calls a general meeting; residents elect a committee; the developer hands over the sinking fund with an audited statement and the as-built drawings.

Under the allocation licence the road, the pond and the green strip are registered as อสังหาริมทรัพย์ส่วนกลาง and pass to the juristic person — the developer cannot sell or build on them later.

What the developer keeps doing

Structural and waterproofing defect cover per §5 runs from each house’s own transfer date regardless of who controls the juristic person.

The penalty — both directions

Buyer

Fails to complete after contract, with no valid mortgage rejection

Forfeits the down-payment (15%); the plot returns to sale

Developer

Hands over later than the contract date (Phase 2), buyer not at fault

Pays the buyer ฿1,000 per day late, to a cap of the down-payment paid; after 180 days the buyer may rescind and take a full refund plus the capped penalty