Jardins RULE BOOK finally released in SPANGLISH

Hi this came from the new community leader.

If anyone would like it e mailed let me know.

Jill and Terry

Hi, thanks for this - who is going to tell the owners of the show apartments that their light are not acceptable?? Interesting that Polaris installed teracotta lights, and now the rules are for white!! 

I can foresee some fun with existing enclosures for the stairs and with existin awnings too, who will police this?

Ted

Hi there

Thanks for the info, though somewhat late for some I fear

It was mucho interestingo.

Jan & Ham

So break the wood and fold the target it is then. looks like the cow shed is fine then !!

Are there any similar words of wisdom for washing lines, lights and satellite dishes.

Wiredout,

View across the page, there is more than just the one page.  Lights are covered - any design - as long as they are white!!! - so, as I said earlier,

interesting for those in the jardines show apartments, who have terracotta lights coutesy of Polarisworld!!  I can't see this working, as it has come too late,

not just for lights, but also the various fences, canopy's (and cowsheds) already up.

Ted

On a purely technical note, as these are amentment to the community rules we all received when we completed,  do they have the authority to set such rules without a vote from the owners?

Phil

Sorry for the way this loaded, you need to scroll across not down the page to see the entire rule book. If you want it e mailed I am e mailing it tomorrow so let me know.

Washing lines are not allowed that is in the other rule book.. Funny, I told Polaris their lights,

NOT ONLY the show home but in Los Noranjos pre installed upstairs lighting ALL BLACK, PENTHOUSES ALL BLACK ALSO

Has anyone heard anything on Satalites, it was not in the big community rule book or in this small addendum.

According to the Portacabin community leader, fines will be inforsed by the Gardia civil?? 1000 E for a satalite

wow what will a washing line fine bring in??

Chat soon

When we were snagging in October Trevor from Snaggit and the PW rep both said that the new community had decided that the lights

should be of a style that could be purchased at HOMESTYLE - but that you make the actual purchase anywhere.

We went for white but I dont remember that being identifed anywhere previously and judging by the number of comments on the thread

I started no-one got the same answer twice from any PW person that was asked. On the SAT dish point- once again we were told by a PW rep that no sat dishes wouldnt be permitted

but he qualified that by saying 'they cant be  attached to the balconies or on the front and sides of buildings' Infact he said PW wouldnt permit another media source on the resort.

I did email query some of these points when we returned from our visit in October and got the reply that  these requirements were standard on PW resorts and would be enforced by the community

committee.

Dont envy them trying to get anyone to change things they have spent money on.

Hi all,

We have put silver lights on our apartment, like the majority of people on Condado and are not overly concerned that the rules have now changed.

Initially we got our community rules when we signed and the majority of us have stuck to these rules.  Looking at the new rules, the administrators have gone around the apartments in November and decided which items they think look best. 

It's obvious these rules haven't been standardised by Polaris or they wouldn't have put terracotta lights up initially. We have stayed in La Torre many times and the lights and awnings vary in colour and style. As Jan said initially there were rumours that the lights had to be of a certain colour but nobody was able to tell us what colour they were supposed to be. What would happen if we changed administrators again and they decided that we all had to have black lights - would we have to change?  I'm sure legally they couldn't do it.  

I do agree that we need rules on the site but these rules should have been available when we completed. 

I think that's my point.  Under spanish law ;-

The Statutes and the internal rules of the community

Most communities have a wide set of rules which governs the property owners rights and standards of behaviour expected from the persons who reside on the complex.

The Statutes of the community may only be modified by unanimity vote of the community owners, both present in person and by proxy.

If Statutes need changing, this pertains to the annual general meeting.

The Statutes must set out the private share which corresponds to each owner.

If any member of the community violates the statutes, the community members can vote to ask the court to issue an injunction, which will forbid him from entering his property for a period of up to 2 years.

Besides the Statutes, the owners may establish internal rules, providing standards of behaviour for the community members and use of the common services.

The owners are also obliged to comply with these rules, which may be modified by their simple majority vote

So.  I'm sorry Polaris World, you cannot set these rules without a vote.  The only legal rules of community are those that were presented at the time of completion.

The setting of internal rules can only be done, by majority vote, at a annual general.  All owners must be notified that the rules as up for vote prior to any such meeting. 

As the calling notice for the AGM does not mention this, there cannot be a legal vote and therefore cannot be any changes.

Or is it just me?

Phil

Can someone tell me what I should fill in for some of the blanks, it's a bit confusing!

DELEGATION Mr/ Mrs                                 ,passport number             owner of the property ________ of the owners’ community Condado de Alhama, authorizes by means of this form to ________________________ owner of the property _______ (if it proceeds) to participate and too cast their vote in the meeting will be held on 20 February 2009 at 9.30   first summons and at 10.00 second summons.

Cheers Dan

It's who you want to have your proxy vote.

So

Phil

Magic thanks Phil

Dan

Can I ask a question ? Phil how did you know Dans passport number?

Also can we please transfer this thread to a new one 'cause I keep forgetting to go along the page to see the whole post!

 I wish....

Have to agree with Phil that you cannot change the rules before they can be voted on by the community.

So don't see how this leaflet they sent Terry & Jill  can be accepted.

Can't see anything regarding satellite dishes in our rules of association, unless you count the "changing the aesthetics of the building"?

With regard to the lights, no colour, material or anything else is mentioned in our rules of association. 

Under the Prohibitions item 4.  It says that for aesthetic reasons and in accordance with the architectural design of each

residential development on the complex, it is hearby prohibited, once the corresponding certificate  of occupancy has been obtained,

to close off balconies, porches, terraces and other open-air elements etc etc.  Am I reading this correctly in thinking,  they are

saying,  that if you make these changes before you receive your COH, it's ok?  June
                                                                                                                     

The dictionary says that aesthetics. (the changing of)

Aa set of principles that prohibits the changing of the beauty of  or changes, that alter the underlying work of an artist or builder etc

So to be blunt. satalite dishes unless hidden from view ,would alter the aesthetics.

Could the clarity of the lights situation be an AOB at the meeting next Friday (20th)

Although we have gone for white lights - thats luck more than knowledge and I find it frustrating as we took advice from a PW rep but when other owners asked advice it wasnt forthcoming. We didnt recieve 'rules' until late October and completed 3rd September- certainly didnt get the new rule book and apparently wont get our own copy till we collect the deeds- in our case April. There needs to be recognition of these time lapses in information supply before fines are imposed.

All these things could be bought up as AOB, but I don't think they can be voted on.  As Phils post states,

the only business that can be voted on is what is on the agenda, and that's the point about them changing

the rules that we had at completion.  They haven't been voted on, so how can they change?

Regarding the lights, we have black ones, and they weren't cheap. We went for black because,

A) We asked on other PW sites what they had been told, and they all said,  we have black lights

so can't see yours being any different.

B) The communal lights on the penthouses and the Naranjos apartments are black

The most annoying thing about the lights is, that at the beginning PW were supplying the lights, and they

would have been terracotta.  We would have been more than happy to have those lights and then everybody's

would have been the same. Those same lights are still on the original show homes so what will happen there? June

I don't know the rules for adoption of these Jardine regs, but the document we all received on completion was th "level 1" Articles of Association, governing the entire Condado de Alhama.  The Jardines will be a level 2 community, and will have specific rules, over and above the level 1 rules, (as will Naranjos etc.) I guess these are a part of what is proposed at level 2. How they come into force, and are enforced I have no idea.

Ted