Community Fees

Hi Guys,

Can anybody give me an update on what is happening to recover the unpaid community fees and also what action can be taken to persuade these people to start paying.

It seems they are enjoying all the privileges without the cost.

Regards

Paul  (Manzana 3)

 Hi Paul

I agree, we are all suffering as there is less money for gardening and maintenance.

I hope we can get a higher percentage of people paying but understand that it is a long and hard legal process !!

Cheers

Dave

Now is the time to get your vote in at the AG

So please send your proxy supporting the committee by sending your proxy to

escudero@escuderoadministraciones.com

http://www.youtube.com/watch?v=d2IZCgzeTrg

http://www.youtube.com/watch?v=PZEXqdC2yEk

_______________________
SAFE IN OUR HANDS http://www.malvina-ps.org

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Hello ,

  To all the owners of Manzana 3 who could not attend yesterday to the AGM, I can inform you that a was a shame what happened yesterday and what is still happening in Manzana 3 as everything is going to remain as in the past or even worst.

I attend yesterday the AGM of Manzana 3 on behalf of  a client,  I am a Lawyer here in Marbella and I live in Manzana 4 and my wife is the president in Manzana 4. I am very dissppointed with the actual  situation of what is happening in your community and I want you to understand the current situation. I found out yesterday in the land registry that some of the apartments in block 6- 7 where apparently most of the debtors appear to be in the reality belongs to the developer La Reserva de Marbella, this information is very serious as it means the owners that appeared in the list of debtors in the community are not the real owners as in the land registry states clearly the owner is la reserva de marbella. I have the proofs and the documents which certifies this statement, and furthermore when  I raised this point yesterday in the meeting the administrator reckons that 80 apartments are in this situation,  all these apartments have an average debt of 6000 euros each one against the community.

The explanation given by the administrator those apartments were sold off plann  by the developer 3-4 years ago to private individuals who did not complete the transaction 3-2 years ago, but the fact of having a private purchase contract according to the Spanish Law does not mean you are the legal owner of the property, so this would mean that developer is the responsible of the payment of the community fees of those apartments, the final figure due is 340.000 euros approximate. Hard to believe! but it is true. The Problem we have now is that the actual president and the administrator I do not think they are going to claim this amount to the developer, so the community is not going to recover those amounts till there is a change in the administration and the president. This could happenned yesterday but the developer with the help of some owners voted to continue with the actual President and administrator. I want to know the rest of the owners this fact and those who were not at the AGM, I would be pleased to send copies of the nota simple or informative note of the land registry stating those apartments belong to the la reserva de marbella.

At the moment there is a group of 30 owners who yesterday vote against all this but was not enough, at the moment we are trying to organize ourselves and inform the rest of the owners about this situation, we are studying the different legal ways to claim these amounts in favour of the community and other legal ways to claim responsabilities, as basically this system and illegality is allowing the developer to save a lot of money against the community, and at the same time the community is owing to creditors 307.000 euros......and this was approved yesterday.

We are small group now but we are growing every day and we want to reverse the situation to the owners can take control over the community from this administration and President . Therefore it is very important the information and the organization, next week we will be able to provide a legal report to all the owners explaining the ownership of these apartments and the consequences for the communiity owners.

what is my interest  here? to change La Reserva de Marbella and bring democracy and clearness to our Urbanization. Our community is the only one not to be controlled by your administration and someone friend to the developer, now we are facing a major problem in one of our buildings as the fachade is falling down and the developer does not care about  nor the master community.  They are not looking after our interest rather than theirs and this can be only changed if the people and the owners take control of their communities.

Please feel free to contact me for any question or comment.

Yours Sincerely,

Diego Echavarria

This is nonsense. We were at the meeting and it was explained then that your scaremongering is completely without foundation. Two other lawyers also present also tried to help you understand why you are wrong, but you seem incapable or unmwilling to understand. Whether you understand the actual situation or not, your very small movement was voted against unanimously by everyone at the meeting.

We have also been made aware that Manzana 4 has very serious financial difficulties of it's own doing after expensive work from the 'administrator', lawyers and presidents old and new there. Apparently Manzana 4 have lost several very expensive court cases based on inaccurate information and are now in very serious financial difficulties with high community fees to owners there.

Please attend to your own problems first without trying to unsettle other owners in a different situation from your own.

Hello

I too was at the meeting and have only joined eye on spain after the post by Fassulas was brought to my attention by my neighbour. Firstly I agree with Palm Tree in what he says about the meeting and what was "discussed" if discussed is the appropriate word. I was handed a letter by Victor when I entered the room and from what I read seemed a reasonable argument. What developed was in fact another attempt at character assasination by some smirking  spanish "Lawyer" not I might add Snr Echevaria, but another one sat near Victor. Who tried to ridicule Juan Antonio. Then when the Re-election of the committee vote came up some other supporters of the Victor asked why they needed to have British people on the committee ( refering to Tony Keegan and John Pattison) when as they said "We are in Spain".  Any group of people who consider takeing over the running of the organisation without the support of the british and other foriegn national owners are, and I am sure you will agree on a hiding to nothing.

I understand also that the scruffy guy in the beach shorts and dirty tee shirt sat at the front row playing with his mobile in between shouting would like to be awarded the cleaning contract. Are these the sort of people to run our community ????

A R

Hello again,

  Following the last emails from the other owners, I have to declare very clear the following:

1) The Land registry states very clearly there are 80 apartments approximately legally owned by the developer meanwhile in the debtor list attached to the calling meeting of Manzana 3 appear names from people or private individuals who apparently paid 30 % of the purchase price off plan 3-4 years ago.

2) After the Spanish Law and specially regarding the community of owners, the legal owner is the one who appeared in the land registry. A private contract as the ones signed by those individuals 3-4 years ago does not mean he becomes the legal owner of that apartment, specially when the developer is paying the mortgage for those apartments with a bank and paying the rates with the town hall for each apartment, obviously the legal owner is the owner for all the obligations not only for a few and excluded from other payment obligation as the community of owners.

3) The reality is the developer is the real owner of those apartments and any conflict or litigation with a third party does not have to affect to its payment obligation with the community, that is a problem affecting the developer but not the rest of the owners of manzana 3. Do you think if you as a individual you try to sell your apartment and your buyer fail for any reason, this would exclude you to pay the community fees till you have a resolution from court?? of course not, you are the legal owner according to the title deeds and land registry ( public institution) .

4) I have copies of the notas simple scanned available for any person interested, so please do not hesitate to contact me . The Law has to be applied for everyone in the same conditions and terms without exception, from my legal point of view this a discrimination as not all the owners have the same rights and obligations and the developer is being exonerated from the payment of community fees for these apartments in the last 2 -3 years, this has been allowed by the administrator although in the AGM the administrator exposed the committee and the board of the community were aware of this.

5) Regarding Manzana 4, our comunity does not have any financial problem as we only have 1 creditor which is the master community , 9000 euros in total , that is all. I am in board since january 2009 and I am responsible for the present but not the past  and I will respond for my currents decissions.

6)  I want you to wake up manzana 3 and all the owners specially those who live abroad and come here for holidays and they are misinformed by other people , I want transparency in the reality of La Reserva and correct information and avoid the false rumours about false information.

7) If you think that a community of owners owing 300.000 euros to suppliers is normal, I can assure you it is not normal and it is a dramatic situation.

I am sure some people around may have understood all the aforementioned points  and have a better understanding of the situation in Manzana 3.

Diego Echavarria

Not sure what to find more alarming - the fact that you write to tell us your Manzana 4 still carries debts after enjoying years of near maximum completion rates and community fee payments (where has all the Manzana 4 money gone?) or that you now seem to be attempting to gain support to start expensive legal battles on behalf of a completely seperate Manzana! All this, apparently despite Manzana 4 already having lost several expensive litigation cases in recent years which were, assumingly, based on similar 'expert legal advice'.

We and the majority of Manzana 3 voted unanimously for the all of the current board to retain their positions, except for one vice-president of one Bloque who was replaced with another unanimous vote at the meeting. It was agreed then that the board are capable of managing our Manzana in the most cost-effective and legal way forward for us all during the crisis and it was explained that the legal teams they have appointed to collect debts work on a 'no win, no fee' basis. Obviously, each case takes time and correct strategy and timeline is crucial to success, especially when payment is performance based. If they are doing the wrong thing, they won't get paid!

You might also recall that at this years Manzana 3 agm it was explained (several times) why ideas to the contrary and are flawed and based on information without foundation. Whilst trying to prove otherwise may well bring work and financial rewards to lawyers, it will most certainly likely be a very time-consuming and expensive process to us owners in Manzana 3 and so are absolutely best avoided.

We love our apartment, our Manzana and the communal services provided. We also concentrate on the issues we face in our own Manzana 3 and politely request that you Sr Echavarria (Manzana 4) do the same

Well said Palm Tree

well said palm tree we love our appartment and everthing that goes with it. i think the community does a great job on behalf of us , i appreciate the time and effort that everyone puts in on the comunity       thankyou