Successful refund??

Hi,

I'm writing on behalf of my in-laws who are trying to recover their deposit for a Phase 4 apartment.  Basically, I would like to put them in touch with anyone who has successfully recovered their deposit from Prienesur.

For info, the in-laws are taking Prienesur to court (in Feb 2011) on the basis that the promises made regarding golf course, club house etc did not/do not meet the description provided by Arenal 2000 when they paid their deposit.  The challenge back from Prienesur is that the golf course etc was completed but it is the 'Arenal Golf Community' who have let it go into disrepair.

It would be beneficial if my in-laws could discuss this matter with somebody who has already successfully made a recovery of their deposit.

Please feel free to PM me.

Thanks,

Mike

 I'm surprised Prienesur are saying the golf course was completed it never was playable.At present the holes around phase 4 are playable but even this part of the course is not open yet.The rest of the course around phases 2/3/5 are still Not playable.The club house is still just a shell with no sign of any progress.There was no handover of the golf course to the Arenal Golf communties.

I'm sure somebody will reply shortly on your refund issue as there was a few people going down that route.

Hi I have just returned from AG or should i say Urbanization Golf ,this is the promoters new name,same old same old.I was over there for 12 days so had a good chance to look around and also go to our phase 3 Extraordinary meeting held at the Flat Hotel 1st october .Unfortunately no pictures this time ,but i am out again 9th November for a few days so will try and get a few then,but just thought you may like a update.At the meeting various issues were brought up i list the main points.

1.All debtors are being taken to court over 300 Euros.

2.The president stated the promoter wishes to form a man commitee,this was flatly rejected at this moment in time as all present insisted AG completed all promised facilities being even considering a man commitee.

3.One of the main reasons the promoter wishes to form a man commitee is so we all contribute to the Golf Course which is now managed by Antiqera Golf.The talk is 15 Euros per appartment ,per Month

4.Re the Golf Course ,the golf on phase 4 is ready to play and is just waiting for Antiquera Golf to open,although this still does not seem straight forward as there is money issues,the other parts of the golf course are progressing but i would say at this present time are maybe 6 to 8 weeks away.

5.There are 2 glass fronted potacabins bolted together on phase 4 this will be the starting point for the Golf.

6.The park is complete but not open,this had to be built for the promoter to obtain Habitation licenses for various phases which have already been buily but not released,the licences could take between 3 to 6 months to be issued,although AG promoter state the park will open when the Golf opens.

7.Club House,no further work has taken place and still stands derilict,There is no interest from anyone to take on this facility,same as Tennis Cout,Paddle Court etc,along with all other facility promised.

8.Dog dirt around the development still remains a major problem,along with rubbish not being collected at various points of the development.

9.I have now had my property 4 years in block 1,phase 3,and i speak honestly,apart from now seeing some activity on the golf golf course,the development as far a we were promised is no further on.

10.Schools..for those of you who do not know there are now 3 ,at least they cant build anymore,can they,wait till you see all the traffic,coupled with the traffice from Xanit and the Public Hospital,along with all the rubbish that they have created.

11.All the sewage works are complete at the bottom of the development and roads etc re instated.

12.Summary,from what i have seen we are still way off getting the finished article that we were promised.

Adrian

Adrian

Thanks for comprehensive account of life on Arenal Golf - we were there in March and it was very much the same apart from tropical garden non existent and golf course was a mess.

You say the tropical garden is not open but is the children's playground?

We are due over next week and our apartment is in Bloque 1 Phase 3 also.  I have to say though even with all the problems I don't know what it is with Arenal and Benal but it is well and truly in our hearts and I can't imagine going anywhere else!  We already love it there and if and when everything is finished it will just be the 'icing on the cake'.

Hope to have a drink with you some day on the terrace of the Club House - you have to admit we won't have far to 'stagger' home!

Thanks again for info

Pam

Hi Pamela.

 1.The Tropical garden is finished ,but not open,The Playground is complete ,but not open,both of thes amenities are fully fenced off,

  i was in the sales office several times during my stay, AG staff informed me that they hope to open these facilies when the first 9 holes of golf course on phase 4 opens.... we shall see.

See ya

 I've been out there recently and one of the fencing panels to the tropical gardens had been left open so I took a look around.  Obviously it's work in progress at the moment and the 'gym' area is a bit of a gimmick really.  Not exactly Venice Beach but 4 or 5 little units resembling a kiddies playground.  I wasn't only one to have visited there as dog sh1t was in abundance.  What is it with these people that they think it's acceptable to let their dogs foul everywhere, especially facilities like this?  I have two dogs and clean up after them.  These irresponsible dog owners spoil it for people like us as there are areas of grass with 'no peros' signs up.  

The golf course is looking better but it is no way in the same condition as a few years back.  There's a lot of work to be done before I'd bother playing there.

Pleased to see the roundabouts have been largely completed and there are a few more residents but there's a lot to be done before it looks anything other than a building site.  Happy that the through road is now complete is it's the quickest and least troublesome route down to the coast.  There's a real commercial opportunity along that road at the foot of the complex to develop some bars/restaurants.  Is this where the Parque Al Bayter was supposed to be?  Anybody know what will be built on the large plot of land next to the Equestrian centre near phase?  Also, what about the paddle tennis centre (advertisement boards at the roundabout to phase 1).

regards

Hi Oliverson,

                       You never fail to amuse me,i mean that in the nicest possible way,you certainly say it as it is,it certainly is no venice beach.

Re-Some of your points.

1.Fencing all now seems to be intact,i couldnt gain access or i would have,although from what you have said about  dog SH 1 T i am glad i couldnt ,it turns my stomach.as i said im my recent post i went into the office sevaral times last week,and it turns out if you didnt already know,the park etc has only been done to gain Habitation licences for the already built phases so that the properties can be released,they tell me they sart at 204.000 euros/ in there dreams.this is why at recent phase 3 extraordinary meeting mancommitee was totally regected as we are of the opinion everything promised must be carried out by the developer,dont hold your breath,the bare minimum is being done,i have had my property 4 years,we are no further on now than then,i agree that the course was in far better shape several years ago.Strangely at the meeting the Spanish are more concerned over a little store room that has been illegally constructed than all the dog SH 1 T and the rubbish which dominates the site...

2.Through road,yes is complete,i walked down the coast the other day ,and right in tfront of my eyes a car stopped,driver jumpted out ,and immediately began to fly tip ,you name it tiles,rubbish etc..amazing.

3.Opportunity... would you

4.I have in front of me right now new promotional litterature from AG or should i sal Residencial Golf.... reading it is beleiving,what a load of tosh...we have got evrything that you can imagine.

5.On a final point about rubbish,i witnessed something i couldnt beleive,i was waiting for the bus next to block 1 phase 3 when a guy came out of block 1 with 2 rubbish bags,he walked past the rubbish bins which were in use,approached me ,and spoke in English,continued to walk up the hill towards the rubbish bins which are locked and were a massive pile of rubbish has built up,certainly not been cleared for at least 12 days,he threw his rubbish on the pile,walked back dowwn the hill ,acknowledged me and walked away,i rest my case.

Take care... look forward to your posts

 It's difficult to see it ever being completed, particularly for the likes of you and I who have had our properties for years now and only seen the development go backwards.  I have to say it doesn't worry me as much as if I'd bought on the latter phases.   It's a bonus if it happens and is a success.  I just don't expect it to ever be the place we bought into at the outset.  But then I didn't play golf at the outset either (though I'm addicted to it now).  It's not a proper golf course anyway and I don't think it will ever rival Benalmadena Golf as a par 3 course and facility in general. 

Being an owner for around 5 years now I have mixed feelings for one reason or another.  I've contemplated selling up but now is probably not the right time.  Also, I'd feel a part of me would be lost if it did come to that.  Sometimes I stand on my balconies and look out over the most fantastic of views and think I'm so lucky.  Other times I consider all the expense and hassle that it incurs and think it would be better to go back to basics and lead a simpler life and holiday in really nice hotels in far away places.  Then I consider retirement (some way off I hope) and think where I'd like to be when the winters kick-in in the UK.  I also think of year-round golf.  I can see why some want refunds though.  I can also see why others are delighted.  Who said life would be easy eh?

Oliverson

Your last para absolutely sums things up perfectly.  I have those changing feelings all the time - for us it is more to do with the recession and what's happening in UK and Spain (re Euro etc) than what's happening, or not , on Arenal.

Maybe you're right Pamela.

Since buying the place and our fixed rate mortgage expiring, then 30% less Euro's to the Pound we are paying almost double what we used to pay a month.  Flights are far more expensive too.  Then the trend in car hire to sting you for a full tank of fuel at exhorbitant prices even if you return it half-full.  It does have an influence on how you feel.  Then there is the consideration of what the property is worth now.  Your head says you should move on but your heart says you shouldn't.

We were successful in obtaining a refund but this was almost 2 years ago and before the habiatcion licence was granted for our apartment which was in bloque 9 of fase 4. It took approx 6 weeks and cost €3000.00 in solicitors fees.  We did however get all our money back with interest and this did offset some of the lawyers costs.  Don't know what your legal position will be if the licences are now granted.  We used Manzanares who are based in Marbella.

We did not however give up on the spanish dream and subsequently purchased a property through Taylor Woodrow Espana who were excellent to do business with.

Good luck with your refund, if you would like anymore detailed information then pm me.

Hi, i am going over to AG on 9th Nov for a few days,in my last post in September i mentioned several issues,could anyone who has been out recently do an update,ie on the following points.

1.The state of the Rubbish which on some areas of the development had not been collected.

2.Dog Mess,does this situation seem to be improving.

3.Golf Course... has any of it opened, and what condition is it in on various phases.

4.Club house,any news.

Many thanks to anyone who can do an update, i shall do an update round about 22nd of Nov.

 Just back from a week's stay at Arenal Golf

1.The state of the Rubbish which on some areas of the development had not been collected.

This is down to people being too lazy to find the bins that are in use mainly on phase 4 they know the rubbish they are leaving at the closed bins will litter the street.

2.Dog Mess,does this situation seem to be improving.

No this seems to be part of Spanish life don't clean up your dog mess.

3.Golf Course... has any of it opened, and what condition is it in on various phases.

Not open yet looking better on phases 3/4/5 phase 2 golf is closed off, the workers are maintaining the golf course on a daily basis with the greens being weeded and fairways also,still a lot of weeds on the fairways but it is improving all the time. 

4.Club house,any news.

Nothing changed

The streets around phase 4 are generally cleaner now but until the dirty people start using the bins provided the rubbish will remain.hope the update helps. 

After 3 years of legal action, we eventually won our Court case and have now received a full refund of our deposit.  The case was heard at the end of June but we did not get the jurisdication until October, the Developer then had 20 days to appeal, which they did not do and paid the money over to the Court straight away.

So if anyone out there is still pursuing a refund, do not give up, it is a lenghty process but it looks like the Courts are on our side.

Hi Alll,

          Just back from AG,weather great 11 to 15 jan,in reply to past post which someone stated 40 properties had been sold in one day on phase 4 ,sounds hard to beleive ,but ?,there are more people moved in on phase 4,and amazingly the deloper whoever that may be are now selling 2 bedroom,2 garage space apts for 133,000 euros plus IVA with 100 % mortgages,all i can say is that were lots of people looking round with agents,not good for those of us who paid 200,000 euros plus,the sales office if who didnt already know has now moved,it is now on the 1st roundabout heading down to Arroyo,opposite the Lemon Tree pub/ Lidel sure you know were am.loads of activity therte every time i pased.Golf course..... the course looks finished,flags are in place on every hole,every phase ,although still not open,there is the odd green staff cutting grass everyday,club house , ammenities no activity whatsover,i could be wrong but i get the impresion that the developer is trying to sell the properties off cheap,and maybe telling buyers that ammenities may never get complete,only my opinion.Dustbins/ rubbish,there are now big signs on all rubbish bins saying that not in use ,use the nearest one,youve guessed it dim wits still use the ones with the signs on,dog mess ,same old same old ,everywere,rubbish and parking near the schools,dreadfull something needs to be done,also cars parked everywere.Rental,for those of you are thinking of long term rental,you can now pick a 2 bedroom up for 460 euros per month.

Sorry no picks