Published yesterday on the 20-06-11 at Expansion . com
This refers to a Court Ruling enforcing the Town Hall of “ El Espinar “ to provide public services and maintenance to the public utilities at “ Los Angeles de San Rafael Resort “, near Madrid. Since the 1970s the public services and the maintenance were paid and run by the proprietors at this resort --- who were forced to set up a “ Sociedad de Conservacion “ ( SC ) for this purpose –- when the Promoter of the Resort was unable to complete the Resort and therefore the Town Hall denied obligation to administer services to the Resort. The Court Ruling establishes that it is the sole responsibility of the Town Hall to provide and maintain the public services and facilities to this Resort and that in any case if a SC needs to be set up, it should be for a limited period of time and it should not be in detriment of the proprietors.
The relevance of this Court Ruling is that it enforces all Town Halls in Spain to deliver public services and the maintenance of public utilities to the Urbanizaciones under their geographical administration.
--If need be -- it could open the door to us ( proprietors at Sierra Golf ) to take Murcia Town Hall to the Tribunals to demand them to provide for the Mail service, the rubbish collection, to take care of the roads, pavement, green areas, etc. successfully or help us to establish a SC for a limited period of time only, maybe with the involvement of the Town Hall during such that period and to ensure the running of the services.
The Ruling is long and acknowledges also that there is a high risk of devaluation of any resort being serviced by a SC due to some proprietors failing to contribute towards their proportional cost and dictates that the Town Halls could also be accountable to compensate for the losses incurred.
The Ruling also refers about the exceptions when such a SC are to be form, under 1995 legislation, that could be applicable in Sierra Golf. It would be best to consult wih the solicitors representing proprietors at Los Angeles de San Rafael resort " Jimenez de Parga Abogados ", who has more than enough experience dealing with this matter with positive results for the proprietors.