PEOPLE PEOPLE WEEKLY

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Battle of the Condos - Court Injunction on View Talay 7Residents of the Jomtien Complex

Condotel on going fight to stop View Talay 7 development from going ahead in front of their building (thus restricting their view of the sea) filed for a court case on 12th March and received a hearing on the 28th March.
The outcome was in their favour and they received a temporary court injunction on 9th April issued by the Administrative Court in Rayong, thus stopping construction of the 27 storey View Talay project.
The residents claimed that the new construction, apart from dust contamination, was causing cracks to appear in their Complex. They based their case on a ministerial regulation whereby any building over 14 meters tall (about 3 storeys) is prohibited from within 200 meters of the “sea shore” (at high tide).
Hence, the Administrative Court upheld this legal regulation in planning law and temporarily stopped the building of the View Talay 7 site.
This decision will possibly have an effect on the future skyline and sea front of Pattaya and Jomtien.
“This ruling is good for all of Thailand, Thai people and farangs equally” stated Mr. Haines, a happy resident of Jomtien Complex Condotel.
The history of this battle of the condos goes back to November 2006 when it was brought to the public attention as a large number of Jomtien Complex Condotel residents started a protest march in Jomtien area to show their disapproval of the construction of the high rise View Talay condominium Number 7 with 27 floors to be built directly in front of their own condominiums which will permanently block their magnificent panoramic view of the sea and Jomtien Bay.
The project developer (of Jomtien Complex Condotel) Jomtien Complex Co. Ltd., presented the buildings to the public for sale in 1992 as a condominium plus low rise hotel, complete with water sports facilities, swimming pool and club house. It was guaranteed to the buyers that there would be only a low rise hotel built on the 13 Rai of empty land in front of their condominiums. A scale model was on display and three different brochures were issued, all of them with photographs and text promising sea views to all units. Although all units were sold on this assurance from the developer, the low rise hotel and its facilities were never built. Instead, without informing its purchasers, the developer sold the property in front of the condos to a subsidiary (Prakun Co., Ltd) who then sold it on to View Talay Co. Then in November 2005, it was confirmed that View Talay, and within their rights, would construct a 27 storey Y shaped high rise block of 936 condominiums directly in front of the Jomtien Complex Condotel.
The concerns of the residents was not only that the developer’s promises were not kept, but that this planned high rise building on the small 13 rai plot literally meters away, will totally block the sea and sky views.
Jomtien Complex Condotel residents regret that they bought their apartments which they purchased in a good faith to enjoy peacefully the sea view location, as soon they will see only concrete in the future. Further, the residents realizing that the value of their property will drop also fear that the new construction vibrations etc., will damage their structure and how this will affect their building insurance coverage.
When the team made their silent protest march to Pattaya City Hall they were invited to talk with Mayor Niran Wattanasartsatorn where they discovered that construction permission had already been approved from the Environmental Impact Authority (EIA) of Chonburi and Bangkok. Mayor Niran suggested the group to find a good lawyer, which they could get from the Lawyers Council of Thailand, in Bangkok.
The team researched the law, consulting with lawyers and an Environment expert. Pattaya lawyers refused to touch the case at all, claiming fear of challenging this mega-corporation and its friends. Every lawyer they consulted has had different opinions about the rights that the residences in Jomtien Complex Condotel have. One respected Bangkok firm gave the residence some opinions and assured them that they had firm cases against the Jomtien Complex Condotel Developer and View Talay, and were entitled to protection from the consumer affairs act. They later were aware that if they proceeded with the lawsuit, this firm suggested that they could be at great risk of a countersuit, which would ruin them financially. The residence committee found it impossible to get accurate information from lawyers, local and government agencies. They even petitioned His Majesty the King’s legal offices, humbly, and with great respect asking for justice.
It was then that the residents were told that there is a law that was recognized since 1994, which states that only buildings of 14 meters in height are allowed to be built at 200 meters from mean sea level, subsequent buildings to rise in height only at a 45 degree angle.
The residence committee chooses to believe that the View Talay Developers have the rights to build what they want since they own the land but within legal limits.

Well written!

Pattaya Blatt / Klage der Jomtien Complex Bewohner hat Erfolg

It’s great news in German!
Klage der Jomtien Complex Bewohner hat Erfolg
Gericht sagt vorläufig „Nein“ zu View Talay Condo 7
Narisa NitikarnAm 28. November 2006 reichten die Besitzer und Bewohner des Jomtien Complex Condotels in der Thappraya Road beim Verwaltungsgerichtshof Rayong Klage gegen die Stadtverwaltung Pattayas und gegen die Firma View Talay Jomtien Condominium Co., Ltd. ein. In ihrer Klagschrift reklamierten sie das Fehlverhalten von leitenden Angestellten.Den Stadtbeamten wurde in der Sammelklage vorgeworfen, am 28. November 2006 unerlaubterweise die Baulizenz mit der Nummer 162/2550 für das View Talay Jomtien Condominium ausgestellt zu haben. Die Baufirma hatte die Absicht, eine 81 Meter hohe Großimmobilie mit 27 Etagen und 912 Wohneinheiten zu bauen. Die Errichtung steht im Einklang mit der Verwaltungsverordnung, Abschrift 9 aus dem Jahr 1978, welche aus Paragraf 3 des Bau- und Konstruktionsgesetzes aus dem Jahr 1936 hervorging. Darin heißt es, dass sich bei der Errichtung eines Gebäudes, welches sich innerhalb von 200 Meter zum nächsten befindet, die Maße von Gebäude und Grundstück anhand des zum königlichen Dekret gehörenden Konzepts unter dem Bau- und Konstruktionsgesetz berechnen.Das gilt für folgende Unterdistrikte Banglamungs: Banglamung, Nongplalai, Naklua und Nongprue. Ufergebiete dürfen grundsätzlich nicht bebaut werden. Paragraf 3, Absatz 8, verbietet alle Konstruktionen mit weniger als 14 Meter Abstand zur Straße.Der Stadtbeamte erteilte dem Bauunternehmen die Genehmigung. Nachdem eine Fundamentsäule in das Erdreich eingebracht wurde, entstand beim Jomtien Complex Condotel ein Riss in der Fassade. Zudem wurden keinerlei Schutzmaßnahmen gegen die Staubentwicklung vorgenommen, weshalb der Staub über das Ventilatorsystem ungehindert in die Wohnungen der Kläger gelangen konnte. Ein weiterer Anklagepunkt war, bei Fertigstellung des neuen Gebäudes, die völlige Verbauung des Meeresblickes der Kläger. Viele andere Bewohner reichten bei zuständigen Behörden ebenfalls und immer wieder Beschwerde über die ausgestellte Genehmigung ein. Jedoch hatten sie damit keinen Erfolg. Dies führte letztlich zu der angeführten Klage.Ein wesentlicher Streitpunkt war der Abstand zwischen den Gebäuden und die Interpretation der Verwaltungsverordnung, Abschrift 9, welche die Beschränkungen des Bau- und Konstruktionsgesetzes aufführt. Beide Parteien hatten eine unterschiedliche Auffassung darüber, ab welchem Punkt gemessen wird.Am 9. April wurde nun vom Verwaltungsgerichtshof Rayong ein vorübergehender Baustopp angeordnet, bis eine endgültige Entscheidung gefällt wird. Das Gericht wird das Gelände inspizieren und einen fixen Punkt ausmachen, ab welchem gemessen wird. Unterdessen muss die Baufirma sämtliche Arbeiten einstellen. Das bedeutet zumindest einen Teilerfolg für die Kläger und ihren Rechtsanwalt, den Deutschen Markus Klemm von der Firma Asia Lawworks Co. Ltd.

Pattaya Mail / City official Investigated as court stop condo project

I personal don’t care for their headline! It’s on page 2.
City official investigated as court stops condo project
Narisa Nitikarn
A court order has placed a stop on the construction of the View Talay 7 condominium project and a Pattaya City official is being investigated following a complaint registered by the residents of Jomtien Complex.
The complaint was filed by 10 homeowners in Jomtien Complex, located on Thappraya Road, on November 29 last year( correction March12, 2007). Addressed to the Administrative Court of Rayong, the complaint cited a Pattaya City officer and View Talay Jomtien Condominium (1999) Co Ltd, and alleged inappropriate behavior on behalf of officers. The court directed View Talay Jomtien Condominium (1999) Co to provisionally halt construction until a further decision is reached. The order was issued on April 9.
The 10 plaintiffs say the Pattaya City officer issued construction license No 162/2550 dated November 28, 2006 to View Talay Jomtien Condominium (1999) Co to build a tall structure consisting of 912 units on 27 floors. The building would be approximately 81 meters high, and its location contravenes coastal building regulations under the Building and Construction Act BE 2479 (Clause 3). This ministerial regulation has been valid since November 23, 1978.
Residents say that the new structure would block their views if the building were to go ahead. They add that the foundation work that has begun on the new project has caused a crack in their own building.

Constructing Under Lawful Construction

Has any one seen the new sign that VT7 was erected on their building sight? It has a big copy of their building permit in Thai from city hall. And English sign which ends with the words “Constructing Under Lawful Construction”.
They must not like the talk going around Pattaya. A good face saving act!

But this issue only the court can decide.

Court freezes View Talay condo project

Hear is an ink for the Bangkok Post front page of the business section.

http://www.bangkokpost.com/Business/11Apr2007_biz36.php

Or read below:

Bangkok Post

PROPERTY / BUILDING REGULATIONS
Wednesday April 11, 2007

Court freezes View Talay condo project

SOMPORN THAPANACHAI

The Administrative Court in Rayong has issued an injunction against View Talay Jomthien Condominium (1999) Co Ltd to temporarily halt construction of its 27- storey condominium on Jomtien Beach in Pattaya.
The case was filed by 10 owners of units in the Jomthien Complex Condotel against Pattaya City officials and the View Talay developer. They complained that city officials illegally issued a construction permit for the company to build the high-rise in an area where the height limit was 14 meters.
The plaintiffs based their case on the 1978 ministerial regulation that prohibits buildings from exceeding 14 meters in height if they are situated 200 metres or less from the sea. They also said the new building would obstruct their sea view and redirect the wind flow, negatively affecting sanitary and living conditions. The current work on View Talay has also created dust and cracks in Jomthien Complex Condotel, said the plaintiffs
Therefore, they asked the court to revoke the construction permit and temporarily suspend work until a verdict is reached.
View Talay plans to have 912 condominium units in the project, sized between 48 and 245 square meters and priced between 2.2 million and 13 million baht. The project was offered on the market 18 months ago but the construction permit was issued on Nov 28, 2006.
On Monday, the Administrative Court granted the injunction to halt construction, saying that the plaintiffs and city officials disagreed on the starting point from which to measure the building's height.
The disagreement concerns whether the mean water level or the low-tide mark are used as the base measurement point for the building site.
Richard Haines, one of plaintiffs, said the court's decision could set a standard for developers and also set a precedent for Thailand.
He said the owner of his Jomthien Complex Condotel project, which was about 220 meters from the sea, earlier planned to build a low-rise hotel on the disputed plot but later sold the land, which was finally developed by View Talay.
''Thailand is a country of laws but no one has ever challenged [inappropriate building] before. Let's stand up and let's make sure that everyone understands that there is a law in Thailand and we are protected,'' said Mr Haines.

Great News for Thailand! A wonderful day to smile!

Today about 4:00 I received a phone call from Markus Klemm. He told me that Asia LawWorks had received a fax from Administrative Court in Rayon.
Congratulation we receive a decision and won an injunction for VT7 to STOP WORKING on their 27 story condo. This is not the final but we on are way to receive one which will limit construction to 14 meters or about a 3 stories tall building.
It’s was a great day for all of Thailand, the Thai People and the farangs. Thailand is a strong nation with laws which give far treatment to all. Now I’m smiling with a great big beaming grin. Thinking of all the farang which said we did not have much change to win a court decision. What a great day to give thanks!