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Soy... un hombre

Vivo en... Middlesex & Elviria

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02 October 2011:

Due to the property slump, we have many unnoccupied apartments on our urb, some of which have been repossessed by the banks and may be rented in the near future, others which are rented out by their owners to help cover their mortgages.
Because of the huge amount of property available for rental, rates are low and we are suffering from renters who would not normally be able to live in a community such as ours and do not respect the environment, the rights of others to a quiet life, the property which they are renting or the community statutes in general. Thos causes problems for individual owners and the community at large.
Does any one know of an effective way to prevent or control this situation? Is it legal to amend our statutes to specify certain conditions for renters only and to have such conditions incorporated into rental agreements? e.g no dogs, no loud music, perhaps a fine on the owner if community statutes are ignored etc etc.
Any help or exchange of experiences appreciated.




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16 Sep 2010 17:23:

Thanks for the responses. It took us just over a year to get to this stage.

I have since been informed that the party that initiates the action, in this case us, will have the priority over funds. Had, for instance, the bank initiated the action, then I am told that they would have priority.




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14 September 2010:

Our community has successfully been granted an embargo on the properties of two, long term debtors. We are now considering the merits of putting them for sale by auction .

If we get permission to do this and the properties are sold, do the outstanding community fees and legal expenses  take precedence over the outstanding mortage debt? If not, for example, and the mortgage is 100%, is it possible that the community may sell the properties and get nothing?




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17 Aug 2010 21:02:

Hi Claire,
I am told that  only sq m counts, no matter duplex or single level. As for the formula, I can only compare with those that I consider equitable - but, as I have said, they won't show me their valuations. The town hall pointed my lawyer to a website to explain the formula - in Spanish, of course.
Both lawyers I spoke with said it would be necessary to employ a technician to make a valuation to be put to the court. It is kind of heads they win, tails I lose, as far as I can see right now.




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17 August 2010:

 

I have a 3 bed apartment, 248 sq m built, including large terraces and all on one level, that was purchased new 3 years ago. My catastral value for 2009 was 162,400 euros, not sure how much it has increased this year yet. A similar apartment next door carries a similar valuation.
On a different phase of the same development that was completed at the same time, there are duplex 3 bed apartments, approximately 235 sq m built, that have catastral values around 85,000 euros. I have been seriously concerned about this because the high catastral value affects not only my taxes, but potentially the value of the property.
My conveyancing lawyer – who agreed that my valuation was extraordinarily high - made initial enquiries at the town hall and got nowhere and after first being positive, eventually told me that it would cost about 5,000 euros to employ a technician and raise an appeal and that it was not worth it.
A Spanish lawyer living in one of the more reasonably assessed duplex apartments has told me it would be too expensive to appeal.
My requests to owners of these duplex apartments to have sight of their valuation letters have met with negative responses. They all seem to have misplaced them. Perhaps they may be concerned that if I appeal using their valuations as evidence, they may end up with increased catastral values.
Is there anything I can do about this at reasonable cost? If so, what and to whom do I go for help?



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