22 Mar 2009 1:23 PM:

Hi Maria

Many thanks for your advice it is appreciated. One other issue that we are having trouble with is outstanding debtors. The community is due approx e300,000 in fees from the developer who still owns several apartments and the owners. We do not have the funds in our account to instruct a lawyer to act on our behalf and chase the debtors.  One owner however has mentioned that legal action can be taken on the basis that the lawyers fees can be added to the debtors outstandings and claimed against via the court. Can you advise if it's possible to ask a lawyer to represent us based on their fees being paid by the debtors at the end of a successful claim?

On one other point is it the responsibility of the managing agent to chase the debtors or is it the committee representing the community of owners?

Thanks again

Gee Gee

 

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Sunday, March 22, 2009:

Hi all

We have been chasing our management company for a copy of the statutes relating to our community along with a copy of the contract between them and the developer. The under noted is their response,

"It seems the promoter never set up specific statutes for the community, this is not unusual as the community is governed under the national community law the Ley de division horizontal. In any way this law always supercedes individual statutes and most statutes are almost a copy with minor alteration.

Also in relation to our contract we have these on other communities but again not on your community, again it is not required as the duties are specified in the Ley de Division horizonatal.

Northern European normally like to have some piece of paper on this, Spanish never want this as they understand the Division Horizontal."

The big question we are asking is our development legal? With no statutes who owns what? I would appreciate any advice from anyone who has some knowledge on this subject.

Rgds

Gee Gee

 

This message was last edited by Gee Gee on 3/22/2009.

This message was last edited by Gee Gee on 3/22/2009.

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Friday, March 20, 2009:

Hi all

We have been informed by our management agent that there are no Statutes for our development which has been completed for 3 years. I find this rather strange as we have no way of knowing who owns what. They also tell us that they have no contract with the developer for the management of the community, again another strange arrangement.  They have stated quote

"It seems the promoter never set up specific statutes, this is not unusual as the community is governed under the national community law the Ley de division horizontal. In any way this law always supercedes individual statutes and most statutes are almost a copy with minor alteration.

Also in relation to our contract with the developer, again it is not required as the duties are specified in the Ley de Division horizonatal.

Northern European normally like to have some piece of paper on this, Spanish never want this as they understand the Division Horizontal." unquote

With no Statutes are we a legal entity?  Can anyone advise if this is common practise or give advice.

Many Thanks

Big G. 

 

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