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20 May 2013 21:21:

 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



Thread: ENTIDAD URBANISTICA DE CONSERVACIÓN

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02 May 2013 17:06:

knj

 

You either have a very expensive or 7 star Community Insurance to cover costs of leagal action, given the current build up of debts in many newer communities that would be suicide.

But good luck to you if you have it, go for it.

European Nationals can be chased via European Laws usiing some of the UK debt collection agencies mentioned previously but Court Action in their own country still costs.

To get an embargo on the property, you will need to take action in Spain, still excrutiatingly slow and costly.

 

As previously suggested, get propoer advice, none of us is qualified, we only speak from a little experience.



Thread: Old debts

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01 May 2013 15:02:

Knj
Is the owner UK or Spanish National?

There is no chance of the insurance company being interested, pursuing debts is a matter for the Community and its Administrator and should be determined each year t the AGM, either through UK courts via a UK collection agency or through the Spanish legal system via Procedimiento Monitorio.
Both are costly and certainly lengthy and if the owner has no other assets, the chances of recovery are slim especially if he is in negative equity as the bank will have first call on the property.
John is being a little harsh on the President but he should ensure action is put in place, John is also very lucky he does not have this problem which in many of the newer Communities is becoming a very worrying situation as services will eventually suffer.

Costs of recovery will eventually add up to over 1000 euros so the Community has to decide to write it off or pursue the debt taking into account the debtors assets, if any.

Any tenant has no official responsibility to cover debts but sod do pay rent directly to the Administator if the owner is willing, you can possibly deny use of some luxury facilities such as swimming pools or tennis courts etc.

Seek legal or Administrative advice urgently.

Thread: Old debts

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23 Apr 2013 19:52:

I could not agree more Justin other than the last sentence.

They thought there was more money than sense but this has now proved to be an illusion in all senses.
Paying for all of Spain's follies is going to be a drain on future generations for a long time to come.

Thread: Is Corvera airport now dead in the water?

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23 Apr 2013 19:52:

I could not agree more Justin other than the last sentence.

They thought there was more money than sense but this has now proved to be an illusion in all senses.
Paying for all of Spain's follies is going to be a drain on future generations for a long time to come.

Thread: Is Corvera airport now dead in the water?

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