How can so many solicitors get it wrong??

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

When people purchased properties on my urbanisation they used a variety of different solicitors, some developer recommended most used 'independent' ones.

Yet it appears that they all missed a clause in our escrituras that gave the developer an irrevocable power of attorney to set up an Entidad of Conservation in our name.

This they have now done at the very serious expense to the owners and have imposed a managment team that is unrepresentative of the owners etc etc....





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08 Jul 2011 23:29 by lobin Star rating. 183 posts Send private message

If your urbanization has roads oe other public services that are required to be maintained by the owners, the setting up of the EUC is mandatory by law. It is quite normal for Escrituras in new urbanisations to have a clause such as the one you mention.

Membership in the EUC by the owners required to maintain the roads and other public services is also mandatory by law, the same as contributing to the maintenance expenses.

If the members are not happy with the management team appointed by the developer they can change such a team by following the procedures set forth in the statutes or constitution of the EUC.



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09 Jul 2011 11:27 by dennismundy Star rating in Las Kalendas - Fortu.... 266 posts Send private message

 I agree with what you say, but my point was that not one solicitor pointed out the clause in the document to us.

The developer has used it as a get out clause to consitute the Entity when it is far from ready to be maintained by the owners.

Roads lack a top tarmac coat, raised metalwork in the roads make them a slalom course. Roads that do not have any surface at all, they are just mud tracks. Street lights that would put Blackpool Illuminations to shame, and then they all go out when it rains. I could go on!

The developer then uses the constitution to wipe out his debts to the communities.

Statutes! Passed by the developer on our behalf, never distributed.

Change the management team! We are all debtors now because of a 'fairy tail' budget passed on our behalf by the developer.





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19 Jul 2011 12:10 by Sneezey Star rating. 64 posts Send private message

Sneezey´s avatar

I don't think the solicitors "missed it" as you say, because it's normal to form "una Entidad de Conservación and is required by the town council, so there's really no option, even if they had mentioned it it would not have changed anything.





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