THE VILLAS OF BALI

The condominium market in Asia is going through an extremely profitable phase. In the one hand, some property brokers go through hiccups in selling new condominium projects.

On the other hand, developers are not willing to break the development of new condominiums in Asia, at least for the next 1-2 years. The government allows foreigners the right to use land only, nothing more. In fact, their interest in the Asian property, particularly condominiums, is very strong, not to think about the prices that are fairly less than other countries.

Strong consumer purchasing power for condominiums has lead to surge in the national property loans. During the first semester of 2007 bank loans for the property sector progressed by 26.96%. Bank Indonesia reported that in June 2007 loans directed to the sector arrived at Rp130.9 trillion, compared to Rp103.1 trillion in June 2006.

The property loans as of June 2007 are split up into construction loans of Rp31 trillion, real estate loans of Rp17.4 trillion, as well as house and apartment ownership loans of Rp82.5 trillion. This has lead to the consumption loans during the first semester of 2007 rising by 18.4% to Rp249.4 trillion, compared to the first semester of 2006 of Rp208 trillion.

A reason behind the moderate response in the condominium market net take-up in Asia can be attributed to several factors, including the battle between condominiums and lavish houses in high-class locations with more competitive prices and privacy. On the other side, reduction in house ownership loan rates have urged customers to invest in landed houses, expecting large fixed capital gains.

Thai condominium market – developers need to consider the law

There is some confusion over the law for foreign purchase in Thailand. Most developers and government officials agree that foreigners can buy up to 49% of the units in any one particular condominium building. However, the law used to limit foreign ownership at 40%, and this was increased to 49% on a 5 year basis. This 5 year period has now expired and so legally the limit should revert back to 40%. However, most people are still working on the 49% rule, meaning that many new condominium units perhaps are being sold to foreigners illegally.

For the rest of this article, let’s assume that the law is actually  49% (as is the common belief). I recently visited a very nice, luxury condominium in the Sukhumvit area. It is a low rise 8 story building, which is the maximum height that the law allows for given the width of the access road into the premises. Each unit in this deluxe new condominium project has 4 bedrooms and measures 300 sq.m. All I can say is that it is a stunning building, very classy. However, it also commands a very high price tag, with each unit being sold at over 40,000,000 Baht.

The developer had this concept of a deluxe condominium, where all owners are affluent and wealthy individuals. However, the developer has now hit a problem. They have sold 49%, the full foreign quota, to foreign buyers, but they have sold only about 10% of the remaining 51% to Thai Nationals, some of which were associates of the developer. The problem the developer faces now is that they cannot find enough wealthy Thai nationals to buy the remaining units, meaning that they are stuck with them. As a developer, this represents a very large percentage of the profits of this development.

Condominium sale-able area price and contract price in an off the plan sale and purchase of a condominium in Phuket Thailand have a different meaning. Foreigners who buy a condominium that is not yet completed will pay a purchase price for the unit based on a square meter price. This is usually not the final purchase price as the size in the plans of the condominium do not have to be the same as the final size of the condominium upon completion and measured by the land departments survey.

A standard clause in a off-plan condominium sale and purchase agreement:

The purchase price of the unit as mentioned in clause x is determined according to the area of the condominium unit to be sold at the rate of baht xx (-the square meter purchase price-) per square meter; totaling baht xxx (-total contract price-), hereinafter referred to as the “Purchase Price”. In the case where the area of the condominium unit to be sold varies from the sale-able area shown in the relevant title deed, the parties shall continue to be bound by this agreement and shall in no case terminate the agreement on the grounds of such variance. In addition, the parties agree to adjust the purchase price to correspond to the increased or decreased area at the rate of the purchase price per square meter as mentioned above.

Saleable area is not the exact use-able condominium floor area, as this is measured from the center of the walls of the condominium which are not common property under Chapter II of the Condominium Act. The outside walls of a condominium are common ownership of the condominium, walls between adjoining units are private ownership.

The number of condominium Philippines have steadily grown in the market since its first introduction. According to many experts, the reason why condominiums have become so popular in the Philippines is because of its many benefits in which many Filipinos living a fast-paced lifestyle have taken advantage off, which is its location.

Many condominiums in the Philippines are found in business and commercial districts, which allowed its residents to live within walking distance to their workplaces, a feat rarely found in other types of housing, except maybe from apartment buildings.

However, many new condominiums in the country have evolved to a more peaceful type of housing. These new types of condominiums are known as condominium complexes.

Condominium complexes: A house for the modern Filipino
Condominiums first begun as a type of housing in which many Filipinos have benefited from, which is because of its location. It is also known as one of the most popular modern housing in the Philippines because of its many benefits which caters to every Filipinos’ needs, particularly in today’s modern and fast-paced lifestyles.

However, other than these types of condominium Philippines, a number of new condominiums have been introduced which offers a different kind of advantage for other Filipinos. One of the most popular new types of condominiums today are condominium complexes.

Compared to condominiums found in the city, these types of condominiums are mostly found in the outskirts or even in provincial areas, which is why these types of condominiums are known for its serene and relaxing environment.

Although condominiums in the city can still provide the necessary privacy and peace for its residents even in the busiest district, condominium complexes are known to offer a different peace and privacy in which many Filipinos are looking for, particularly for their growing family.

Condominiums are not for everybody. There are rules and if you don’t like rules don’t buy a condominium.

No dogs, no bicycles, no glass in pool areas. These are all valid rules which the courts can and will enforce by way of a court order. At Landy Marr LLP we have acted for both condominium corporations and unit owners, in many such disputes. Every condominium is governed by its own unique rules, regulations and by-laws. These are necessary to ensure that condominiums are properly operated and maintained, and to define the rights and obligations of the individual owners.

Some rules regarding the individual owners, condominiums may have restrictions regarding the number of occupants per unit, the age of occupants, pets, noise, and parking and when certain amenities such as the swimming pool, tennis court, etc. may be used.

As well many condominiums have strict rules concerning the alteration of the unit space or its appearance. Additionally, you may have to get the permission from the condominium’s Board of Directors before you do the following: change exterior fixtures, install a satellite dish, put up new colored drapes, install an conditioning unit in one of the windows, and in particular make changes that may affect the premise’s structure or safety.

As an individual condominium owner you may be obliged to attend condominium meetings or serve on condominium boards and committees. Additionally on top of your mortgage condominiums have requirements for the payment of monthly condominium fees. There will also be mandatory charges for a reserve fund in addition to the maintenance fee for unforeseen major repairs to the condominium common elements.