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11 Aug 2008 12:00 AM by Poppyseed Star rating. 897 posts Send private message

A few years ago a few brave souls (Spanish)  on our community started legal action against the developer, administrator and our now president. When this action started an account was set up in the court for people to pay their community fees to, thus ensuring they were still entitled to vote at meetings. At our AGM last weekend all those who paid their fees into court were not allowed to vote. It was obviously done to silence the dissenting voices, the president actually tried to physically attack one critic,  twice, and had to be physically restrained.

Also, I had written to the president before the meeting requesting items be included in the agenda. They weren't. The meeting was held in Spanish with no translator although I understand some time ago it was agreed a translator would be provided.

A few months ago the president sacked the administrator without calling an EGM or giving any explanation or the reasons for this dismissal.

The president is in court next month to answer charges of financial irregularities, in the meantime they have sole control over the accounts, budgets etc. of a large urbanization comprising of about 230 units @ approx 800 euros pa each unit. Approx 30% of the owners are English speakers.

Is there anything we can do legally about being denied a vote, being excluded from the meeting because of the language barrier and the fact my request for agenda items was ignored? We travelled over especially for the meeting at great personal cost in time & money and feel were treated with total disrespect. I know it's probably a hopeless cause but we feel we must do something. The Spanish people who brought the  original court case had their lawyer there who said it was wrong to deny votes to those who had paid their fees into court and she would now be taking the matter of denied votes to court, but we would like to add some more pressure.

Unfortunately most of the Brits are rarely there and very passive, the president has somehow gained the support of the majority of people who actually attend the meetings (I better hadn't voice my opinions on how this has happened!)

Any advice would be gratefully received.

Thanks, Poppyseed.



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11 Aug 2008 8:00 PM by Poppyseed Star rating. 897 posts Send private message

PS The accounts are not audited and since the dismissal of the adminstrator all correspondence is only sent out in Spanish, it used be sent out in English to the English speakers.
Thanks, Poppyseed


This message was last edited by Poppyseed on 8/11/2008.

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11 Aug 2008 9:07 PM by irenemontague Star rating in liverpool/carvajal . 794 posts Send private message

Hi i find the people who live in spain get to do what they want and run things there way and just make us english pay .On our site some one has put a wooden shed in there ground floor apt garden and blocked out the view of the people next door and the shed size has to be about 12 ft x12ft  or and high never seen a wooden shed in spain like this before bye irene


This message was last edited by irenemontague on 8/11/2008.



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12 Aug 2008 11:54 PM by Poppyseed Star rating. 897 posts Send private message

I've just seen this on a website


"Community Regulations
Any property which is not a freestanding villa in its own grounds will normally be part of a community of co-owners so when you decide to purchase one of these properties you will automatically become a voting member of the community."


Does this mean that a detached villa can be independant of the community?

Thanks, Poppyseed


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13 Aug 2008 12:22 AM by morerosado Star rating. 6927 posts Send private message

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What a wonderful thought, Poppyseed. We have a detached villa but we are definitely on a community with private roads, lights & community pool.

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13 Aug 2008 1:47 AM by J&N Star rating in Nottinghamshire. 342 posts Send private message

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Hi Irene

We had a villa on our development with a large shed (very nice - but a shed) on the roof terrace, which had all the licences required but looked rather odd - as far as we could see it didn't affect anyone's light or view but someone complained to our local council who sent them an order 'requesting that they remove it'. Apparently, they couldn't make them but could request it - and the owners immediately took it down. Not sure of the specifics as to why, but it was removed very quickly.

It may be that there are ways to get this removed is it's causing a problem, but equally there can be consequences between neighbours where complaints are made and they have to be considered in the overall scheme of things.

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Jacqui

http://relocatetospain.blogspot.com our adventure from deciding to move to Spain to being here and moving back to the UK.


 




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13 Aug 2008 1:08 PM by irenemontague Star rating in liverpool/carvajal . 794 posts Send private message

Hi think it would be ok to put a shed up in a villa but not in a ground floor garden apt block and cut out next doors views and light from his garden.Its also has a very high roof i am not sure if someone has put a picture of the shed on don juan carvajal site bye irene



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13 Aug 2008 1:21 PM by irenemontague Star rating in liverpool/carvajal . 794 posts Send private message

Just checked the photo of the shed on january1 2007 photo number 44525 bye irene



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13 Aug 2008 1:25 PM by morerosado Star rating. 6927 posts Send private message

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Hi Irene

You don't appreciate that the only members who can access photographs put on your development forum are those registered on it.

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13 Aug 2008 2:49 PM by irenemontague Star rating in liverpool/carvajal . 794 posts Send private message

Sorry but i did not think abought that when i put this information on but is would of been worth seeing it bye irene



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13 Aug 2008 2:55 PM by morerosado Star rating. 6927 posts Send private message

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Which dev are YOU, Irene ? You said "don juan carvajal" earlier.

Jardines de Carvajal 

Los Marinos de Carvajal


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13 Aug 2008 2:59 PM by irenemontague Star rating in liverpool/carvajal . 794 posts Send private message

don juan carvajal bye irene



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13 Aug 2008 3:10 PM by morerosado Star rating. 6927 posts Send private message

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Irene, I only see the two I posted so WHICH one of those are you registered with ? 

I do NOT see a "don juan carvajal" forum listed. I need More  


Jardines de Carvajal 

Los Marinos de Carvajal



This message was last edited by morerosado on 8/13/2008.

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13 Aug 2008 3:48 PM by morerosado Star rating. 6927 posts Send private message

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Right, after endless PMs between Irene & myself as to exactly which development forum it was in  here's the infamous shed she would like you to see.   






This message was last edited by morerosado on 8/13/2008.

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13 Aug 2008 3:55 PM by irenemontague Star rating in liverpool/carvajal . 794 posts Send private message

Hi what do you all think is this ok would you all like this how can people do this ? thanks more bye irene



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13 Aug 2008 4:21 PM by Poppyseed Star rating. 897 posts Send private message

Terrible. We have a neighbour who has but a big garage size white shed on a very small drive and keeps dogs in it, (that bark all night) the drive is often dirty because of you know what. They make nice places end up looking like shanty towns.

Hope you can resolve it, our president doesn't sem to have made any effort with our problems.

Regards, Poppyseed

Still looking for ways to opt of the urb without moving!!!!!!

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13 Aug 2008 4:50 PM by irenemontague Star rating in liverpool/carvajal . 794 posts Send private message

Hi i think if i had put this up sorry for saying i am english i would have been made to be taken it down bye now.We have now been told a road is comming through don juan plans gone through at the town hall .So why carnt the new road come at the back of us and go down to the cost road,? the planners must be mad,Each day brings a new problems, a road through don juan and yet they forgot to put a pavement in on some blocks so we have to walk down the road to our apt or to the pools with children,planners well what can i say but what planet are they on bye irene



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13 Aug 2008 8:02 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Horizontal Law (God, I love quoting from this!):

Section 7

1. Owners of individual units may modify the architectural elements, installations or services of their unit, giving proper notice to the community representative provided such work not impair or alter the safety of the building, its overall structure, its external appearance or condition, or prejudice the rights of another unit owner.

Don't know about anybody else, but I'd say that shed alters the external appearance as well as prejudices the rights of the neighbour, who's view has been seriously impared.



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"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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13 Aug 2008 8:57 PM by morerosado Star rating. 6927 posts Send private message

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Dare I say carport / gazebo to you, Roberto ?

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13 Aug 2008 10:35 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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You can see through a carport, can't you? Don't suppose it blocks the view any more than a big car would? I reckon that should be OK.

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"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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