La Almazara Jalon Alicante

The above urbanisation was started about 1996 and consists of a mix of independent villas and a separate area of town houses with  their own communal pool. the estate roads are a cul de sac and shared by all . The developer originally installed the infrastructure roads light paths etc but the road requires a final topcoat and the paths need slabs laying, The developers are now claiming they are about to go bankrupt and suggest we form a residents association to fight the local council to ensure continous supply of water and street lighting., the council are backpedalling saying that because the developer has changed the original plans by building a further 54 town houses (all unsold) they will not take over the urbanisation or maintain the water pumping station, strangely enough the developer has arrived at a figure of 8400 euros per household to complete the works but with no guarantee the council will adopt.

My concerns are

1. The developer wants more money for things each house has paid for initially.

2. How  did he build 54 more town houses without the councils knowledge (it is a very small village)

3.Was it a legal requirement for a bond to be lodged with the council to ensure completion of works if so where is it.

4.The council have been collecting rateas and water rates for over  12 years can the deny all responsibilty.

5. Can you suggest a trustworthy lawyer as we suspect anyone local is likely to be influenced by BTB.

6.Are we playing into the developers hands forming an association thus creating a body witha legal presence which would be easier than dealing with over 150 different entities.

Any thought on any or all the above would be appreciated , this has only blown up in the last fortnight so we are at the start of what promises to be an ongoing nightmare.

Our community though not having a communal pool has just been handed over to the Town Hall, my experience as president to date is this.

The Town Hall should of received a bond from the Developer to use should they not complete on items they are supposed to carry out, if they don’t complete then the town hall can use the bond money to complete jobs, this is now happening on our urbanization, though there is a time scale and legal process the town hall have to go through in our case
1) Give the developer time to complete works if not done in this time
2) inform them they will go to court to use bond money,
3) then after this they will get prices for work to be completed inform developer of bond money to be used in our case hold back  15% for 1 year carry out jobs and return any outstanding monies.

Who owns your roads? In our case the roads pavements lights post box housing green areas are owned by the town hall, however the cul de sac and walkways in between are private for the residents of that road to maintain along with lights. Information from our escritura

I suggest you all get your escritura translated as the above information and more should tell you what is what.

It is not for me or any other person to tell you to form a community of property owners (though this may be in your escritura already) if it is you can register as a CPO formally and obtain a CIF number and have the legal assistance from a administration company, any good administrator should tell you don’t have to form a CPO, but as you have problems it may be worth it for 1 year to sort everything out

Nitram

 

Thanks for that , its interesting that we do not have to form a cpo as that is not the way I want to go at the moment, once the council does something formally we may be a bit wiser it is also complicated by the possible bankruptcy of the developer but if as you say there is a bond it should be OK but I have serious doubts.

Roy Jalon. I wish I could give to you a direct answer to your poblems but I am afraid I would to revise documentation, specially work license and first Occupation License.

As a practical  legal tip, yes, I do agree with Nitram that a Community of Owners neds to be formed as soon as possible and start to claim rights before whoever is liable ( developer, insurance company, town hall...)

Best regards,

Maria

Roy Jalon,

With all this claiming /faults buildings /structure and deposits , from houses built , It beggars belief to what solicitors/lawyers can be trusted any more?.

Yes please. There are hundreds of good decent lawyers in Spain. Maybe not with shiny offices. But lots!

Maria

Any progress yet. Interesting to note that you do not want to form a community of owners. What do you expect to achieve by going it alone. It sounds like you are the only person bothered. Do you have any other residents who care about the problem.

Roy, have heard that you have been invited to join the residents association but you are not prepared to fork out the membership fees. Strange!!!!

Hi Roy,

I believe it is all sorted now, isn´t it? La Almazara, Jalon town hall and the resident association have come to an agreement, or not?

Rizzo. Not sorted yet. No agreement as you suggest. There is now a strong residents association with the vast majority of owners now members. Roy is one of the few exceptions I am told.

Hi John, thanks for your reply. So what kind of problems are we facing should we now buy in Almazara/Bellavista?