ENTIDAD URBANISTICA DE CONSERVACIÓN

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19 Jun 2011 00:00 by dennismundy Star rating in Las Kalendas - Fortu.... 266 posts Send private message

 Does any of my fellow Eye On Spain members have any experience of an ENTIDAD URBANISTICA DE CONSERVACIÓN .

I am particularly interested in the relationship between it and it's component communities.

Is it a white elephant or a cash cow for the administration?





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20 Jun 2011 16:53 by noddy Star rating. 142 posts Send private message

An entidad embraces several separate communities to pay for such items as street lighting ,, road maintenance etc.

Each community will have its own quota based on area of land. Get together with other communities, agree your budget and decicide to instruct an administrator, this is cushy work for an administrator. the one problem is if one comminity is greater than 50% then they can dictate.

Each individual owner is entitled to vote but for simplicity community presidents are normally expected to represent their communities.

noddy





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20 Jun 2011 17:29 by Faro Star rating in London. 1156 posts Send private message

But is this not really the responsibility of town halls?





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20 Jun 2011 17:37 by noddy Star rating. 142 posts Send private message

i think the idea is is that communities take more control of their own infrastructure. Yes it is a form of tax but the fees are agreed by the communities involved and paid into entitad account not the council.

noddy





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20 Jun 2011 17:45 by Faro Star rating in London. 1156 posts Send private message

but considering the fees paid for the building licences and the fact that owners pay rates then it should be to the town hall to provide these services.

I remember coming across this in relation to Casares a year or two ago.





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20 Jun 2011 17:49 by Kenny Ackers Star rating. 42 posts Send private message

Kenny Ackers´s avatar

We pay it on Club de campo de golf Valle del Este - general maintenance of the urbanisation.

( As well as our own community fees ) they don't empty the bins though - that's another cost as well as the local council tax etc etc. the list is fairly endless really.

Kerching, Kerching, Kerching





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20 Jun 2011 22:42 by David W Star rating. 192 posts Send private message

David W´s avatar

I'm also on Valle del Este

Community fees €60 per month

Entidad €13 per month

Council Tax €224 a year including underground parking and storage

Basura €35 per quarter

About €105 per month, for whats there is stunning value.

Compare that to a managed flat in the Thames Valley!!!!!!!

 





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02 Jul 2011 16:47 by dennismundy Star rating in Las Kalendas - Fortu.... 266 posts Send private message

 It's interesting to see the cost of having an Entidad. Ours is potentially 500k euros to be paid by appx 800 units (Houses/plots) in 5 communities and sundry other owners.

How are the fees levied?

Are they charged directly from the entidad to the individual owner or are they charged to the community to collect and pay?





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04 Jul 2011 01:12 by hugh_man Star rating in Kent/Roda . 747 posts Send private message

hugh_man´s avatar

 Our Entidad budget has now reached 1 mill euros for 1200 properties on many communities from apartments, townhouses and villas and debtors are very high.

We are now billed directly from the Entidad but first year was collected by Administrator along with community fees, never sure which is correct method, any thoughts?

 

Entidad fee for the year on 2 bed apartment approx 560 euros

Community fees approx 1000 euros

Local IBI from memory 300 euros

Central taxes approx 150

 

I think around 2000 euros pa is rather high

Original marketing indicated 50 per month for fees

 

Also surprising we pay both Entidad and IBI as Entidad covers security, bins and road cleaning





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04 Jul 2011 08:54 by dennismundy Star rating in Las Kalendas - Fortu.... 266 posts Send private message

 We are in the process of being constituted.

I am a community president and I, like the owners, have never had the process explained - knowledge is power.

Our Entidad statutes seem to indicate that if an owner in a community is in debt to the entidad then the community looses it's vote on the Enitad. So to my mind it makes sense for the community to collect the money and that way it can have control over the debtors.





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19 May 2013 12:18 by mwells Star rating. 5 posts Send private message

Question for David W from Valle del Este,

We too are just about to have our Estatutes published, (this Wednesday) how do we go about selecting the board and President? Do we select the board at the general assembly and then select a President from those board members or do we select a President and he/she choses their board.?

Confused

 





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19 May 2013 14:14 by noddy Star rating. 142 posts Send private message

Strictly speaking, each individual should pay into the entity based omn the community quota x percentage that community has within your entity.

to pay through community, this needs to be agreed at community agm, and needs unaminous support. it is a better way and should result in much lower administration costs as there are less payments to deal with.

it is also best to vote at your community agm that your president represents you all hence have your percentage vote. this does not stop individuals turning up and having a say but the last thing you want is thousands of owners from lots of communities turning up.

probably the committee should consist of presidents of the communities with higher percentage voting rights. if one community has overall majority ( over 50% ) this can cause problems.

good luck, bear in mind entities are just an extra tax and way that the council can offload some of its responsibilities.

nick





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19 May 2013 20:05 by mwells Star rating. 5 posts Send private message

N,

 

Assuming all communities within the urbanisation are, at the initial general assembly,  represented by their president and all villa owners are there or a representative for them, how did you go about selecting the board/president? What 'order of service' is normal?

M





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20 May 2013 09:25 by noddy Star rating. 142 posts Send private message

ours was new development of 4 communities so all presidents knew each other and were in agreement to keeop developer 35% quota out.

suggest the big communities find out who the presidents are and talk before hand but essential they represent their entire community. one of the community administrators will be looking to be appointed entity administrator,

could be issues if some predominantly english and some spanish.

suggest get your administrator to arrange pre meeting.

 

i think your entity fees should nbe minimal to start with, eg ours are about 15% of community fees as only street lights and general maintenance. do not agree budget without checking it. the administrator will want same rate as community rate but you appoint secretary /treasurer and basically they do little so about half rate would be fair.

 

Nick





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20 May 2013 10:16 by mwells Star rating. 5 posts Send private message

Most of the communties are in touch with each other and getting along well. We have had several meetings over the last year or so to expand our understanding of how an EUC works, we are ok with that.

What none of us understand is the process for electing the EUC board/president. We know that those who which to put their names forward need to do so up to 4 days or whatever before the general assembly, it's from there that we would like to know the process.

 

m





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20 May 2013 10:33 by noddy Star rating. 142 posts Send private message

i believe you just elect a president as well as treasurer, secretary ( normally an administrator. you can also elect committee similar to community, suggest each president puts himself up to be a member thus giving each urbanisation representation. probably one independent villa owner for the villas.

ideally the community presidents should carry the full quota for their communities. best if you all meet up before hand so you al;l vote en block. we were lucky, the same administrator for all communities so no conflict and budget which will be need to be voted on already privately agreed.

strictly speaking this is an individual charge but at our agm we give the president power to have our vote to prevent chaos

if any of you have agm before hand suggest to add on to the agenda this item

voting happens in the usual way, and you need also to agree amongst yourselves the best admin people

 

Nick





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20 May 2013 10:58 by mwells Star rating. 5 posts Send private message

N,

Thank you for all your help with this, much appreciated.

 

M





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20 May 2013 12:19 by mariadecastro Star rating in Algeciras (Cadiz). 8057 posts Send private message

mariadecastro´s avatar

 http://www.eyeonspain.com/blogs/costaluz/3428/legal-tip-265-duty-of-maintenance-of-infraestructure-works.aspx

EL BLOG DE MARIA

YOUR DAILY SPANISH LAW REPORTER. HAVE IT WITH A CAFE CON LECHE.
WWW.COSTALUZLAWYERS.ES

 

Legal tip 265. Duty of maintenance of infraestructure works 
27 April 2010 @ 07:39 

Urban conservation entities are public entities, of compulsory formation and own legal personality and capacity to fulfill its purpose, since its entry in the Register ofTown Planning Collaborating Entities. 

They arise as a consequence of the duty of maintenance of infrastructure works,including maintenance of the allocations and public services, once these have been taken over by the municipality. 

This duty of maintenance can correspond to the Local Council or to the owners of plots in the execution unit sector which is subject of those works of urbanization. 

When the obligation corresponds to owners, they must be grouped in Urban Maintenance Entity, and thus its affiliation is mandatory. 

In Andalucia region, Article 153.3 of Law 7 / 2002, on Town Planning in Andalucia, determines that the maintenance of infrastructure works is for the owners of plots, grouped legally in Urban Maintenance Entities in the 
following cases: 

A) When voluntarily assumed by any method. 
B) When the plots are within execution units or areas identified for this purpose only, if so provided by urban planning. 

Same provision states that urban conservation entities are subject to the supervision of the municipality and may request and obtain from it the application of  public enforcement procedures for the requirement of appropriate conservation fees to be paid by the owners.

 

 

 Quota fees of owners for the maintenance costs will be determined as follows: 

A) According to what is established by the statutes of the Urban Conservation Authority. 
B) Alternatively, according to what is established by the system for implementing the corresponding execution unit. 
C) As a last resort, according to what is allocated under horizontal property law rules. 

Owners may be individuals, companies or administrative bodies. 
The Local Council, as owner of some land is a landowner, and as such, has to participate proportionately in the costs. 

The acquisition of ownership rights on land within the Conservation Entity determines the membership of this, involves the purchaser in the subrogation of rights and obligations attached to it, (art. 28 RD 3288/1978 
25 August, Urban Management). 

 

In this regard, Article 1.1 of Royal Decree 1093/97 of 4th of July on entries in the Land Registry of Planning acts includes, within those firm acts which are recordable in the Register, those related to maintenance or urban infraestructures.

 

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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20 May 2013 15:49 by mwells Star rating. 5 posts Send private message

M,

Thank you.

M





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20 May 2013 21:21 by hugh_man Star rating in Kent/Roda . 747 posts Send private message

hugh_man´s avatar

 mwells

 

Normally an Entidad Constitution will be drawn up by the developer and the Town Hall, as has been stated, it is a way for the Town Hall to deflect some of the costs they may normally bear on to the owners who take on the Entidad responsibilities once the devloper ceases paying for services.

The statutes setting out the number of board members and period of office, in our case it was 4 years, should be in place and owners should present themslves as President or Board members for those represented to elect.

Though an Entidad Board should theoretically represent all Communities, having all Presidents in place, this is not necessarily the case as it is a public body not governed by HPA.

Ensure debtors are not permitted from remaining on the Board and ensure the Board either themselves or through the Administrator find a way of informing all owners of their regular meetings and decisions, though like a Community, the budget and major decisions should be made by all owners at an AGM





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