It has come to the attention to the Kamala Falls Condominium Juristic Person (“CJP”), and to Kamala Falls Co-owners which have prior to this letter notified the CJP and the CJP committee, that [ Developer ] (“Developer”) is making certain preparations to develop and construct a new phase of Kamala Falls, which the CJP understands has been informally referred to as - the “Kamala Falls Skyphase.”
The CJP is informed that the “Skyphase” has already been marketed to various potential purchasers as being part of the greater “Kamala Falls” community, and that advance payments for purchase of units may have already been placed by purchasers. Although this information has not been specifically verified or confirmed by the CJP, the CJP is under the impression that Developer intends to proceed with construction of the “Skyphase” in light of recent construction preparation ‘activity’ at the “Skyphase” land.
As the Developer of both Kamala Falls, and now the Kamala Falls “Skyphase,” the CJP believes you understand that the CJP has a specific legal and professional duty to protect the best interests of the registered Kamala Falls Condominium, and thereby the Kamala Falls Co-Owners’ investments. The development of the “Skyphase,” if development is to proceed, could have various consequences for the existing Kamala Falls Condominium, not only including affecting the existing Kamala Falls Co-Owners’ Unit values, but also legally due to various environmental regulations in relation to the “Skyphase” land and the “Kamala Falls Condominium.”
The CJP therefore believes it necessary to clarify the situation in respect of the “Skyphase” with you as the Developer, so as to ensure existing Kamala Falls Co-Owners (and future Co-Owners) are aware of the circumstances that may affect their condominium unit investments.
Accordingly, the CJP kindly requests you to supply basic information about the “Kamala Falls Skyphase” in relation to the below questions:
1. Please kindly confirm the “Skyphase” will be developed, and if so, what kind of development is planned (Housing or Condominium)?
2. If you confirm question 1, that the “Skyphase” will indeed be developed, what is the expected timeframe to completion?
3. Will development of the “Skyphase” require use, or access through, the Kamala Falls Condominium Common Property to carry out the construction?
4. Has a valid construction permit been obtained for construction of the “Skyphase” buildings? If not, do you expect to obtain one from the local authorities as per the relevant regulations of Thailand?
5. Will the “Skyphase” project require any specific environmental approvals or reviews, such as the Environmental Impact Assessment? If so, has the process for the environmental approvals started to date?
6. Based on the plan for the “Skyphase” project, would the “Skyphase” building and infrastructure development comply with all local and national building and environmental laws and regulations?
7. In relation to question 6, specifically, does the well-known ’80-meter’ rule of Phuket affect in any way the development of the “Skyphase”?
8. Finally, would the “Skyphase” development affect any utility services or infrastructure of the existing Kamala Fall Condominium?
The CJP appreciates your cooperation in answering these fundamental questions in relation to the “Skyphase,”and trusts you fully understand the reasoning for asking as both the developer of Kamala Falls Condominium and now also the “Skyphase.” The CJP would therefore be grateful for your reply within the next 21 days. As noted above, the purpose of the questions if to provide information only to Kamala Falls Co-Owners in relation to the “Skyphase” project and how development may impact the Kamala Falls Condominium.
The CJP is available to clarify any of the above questions and details within this letter, and looks forward to your prompt reply.
Thank you.
Sincerely