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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.
www.costaluzlawyers.es

Legal tip 1317. Banks condemned to refund on illegal mortgages
11 August 2015

It has been so refreshing to read these Court Decissions among recent Case Law in Spain: 

1. Bank condemened to annull second guarantees which were set-- by Bank imposition and the safeguard of just its own interests-- on properties which were being bought by individual buyers in an off plan process. Refunds to buyers of non duly amounts to be made by the Bank. Applicable to those of you who are paying an extended mortagge which was imposed on you after you signed the off plan private contract. We have several cases like these among our clients. Good to have this recent Court Decission.

2. Sale  cancellation for planning problems ( illegal properties) produces the cancellation of the linked mortgage. Useful for those of you who are paying a mortgage on an illegal property.  

Zuheros, Cordoba, South of Spain



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MARIA de CASTRO´s Law and Fun in ALCAIDESA- steady!
11 August 2015

We are planning quarterly gatherings in Alcaidesa , for legal  tips and advise and some cultural fun. Starting in October.

Are you now registered?

First gathering will be on Horizontal Property Law .

A good home-style spanish cook will teach you to make the best potato omelette ( with and without onion)

Do not miss it! Come!



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Legal tip 1316. MORE Questions on Community of Owners!
04 August 2015

More Q&A on Community of owners. You can read here the full guide

Q- Could someone tell me the rules of Administration regarding the minutes of any meeting AGM or EGM?

A-  This law does not contain any provision on time limit for the sending of the minutes. It  sets rules on how/where to send them but not on timeframe. So it is advisable that this aspect is regulated by owners themselves as part of Statutes or Internal Rules. Very advisable of legal safety. 

 I am posting below a link on  the full HPA ( Horizontal Property Act) as per last refom made in 2013 and another link with some guides which might be of help.

Q-Send several requests by email and telephone from the UK. but my mails have been ignored. can anyone advise me of the Spanish law on receiving a copy of the minutes?

Send a written request to Administrator for him to send them to you at the address in Spain you have set for community communications. Set a 15 days to him if meeting was hold more than 10 days ago.

http://www.costaluzlawyers.es/blog/spain-2013-property-communities-act/

http://www.costaluzlawyers.es/services/property-services/community-of-owners/

La Virginia, Marbella, Málaga, South east of Spain



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Legal tip 1315. NEW! MANILVA COSTA S.A. - BANK ACTION WON IN FIRST INSTANCE COURT AGAINST CAIXABANK S.A. FOR A BUYER AT JARDINES DE MANILVA
04 August 2015

MANILVA COSTA S.A. - BANK ACTION WON IN FIRST INSTANCE COURT AGAINST CAIXABANK S.A. FOR A BUYER AT JARDINES DE MANILVA

Notification sent today to our client who had reserved an off-plan property from the developer, MANILVA COSTA S.A. at JARDINES DE MANILVA informing them that their case had been won in the First Instance Court.

Re: YOUR CASE AGAINST CAIXABANK S.A.
PO: xxx/2013

Please find attached Sentence No. xxx/2015 from the First Instance Court No.4 Estepona.

Your case against CAIXABANK has been won.

The final paragraph of the First Instance Sentence delivered on 20 July 2015 and notified on 24 July 2015 states: 

“Fully estimating the Lawsuit and condemn CAIXABANK S.A. to pay to XXXXXXX & XXXXXXXX the amount of XXX,XXX Euros, as well as the payment of statutory interest in the manner expressed in article 4 of this Sentence.  And expressly impose the costs of this procedure on the defendant”

So your Lawsuit has been fully estimated.  CAIXABANK is sentenced to refund to you the amount of XXX,XXX Euros plus legal interest from the date you paid the amounts to the developer increased by 2% from the date of the Sentence until complete payment to the Court.

The Judge is of the opinion that although you did not receive an Individual Guarantee, Caixabank has a liability to refund your off-plan deposit due to the General Guarantee it issued to Manilva Costa S.A. for the Jardines de Manilva development in accordance with LEY 57/1968.

Costs of the First Instance Proceedings are imposed on CAIXABANK.



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