Completion of phase II

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13 Jan 2008 00:00 by max! Star rating in Fuengirola. 944 forum posts Send private message

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The completion of phase II seems near. According to Davmunster Nuria expects the license in March. I see signs that they are weeding the private guardens and put on sprinklers on some communal parts in phase II. This is all done by the developer and not by our maintenance company so it seems they are confident that the license will arrive. Weeding makes no sense if you have no clue when the apartments will be handed over.
Anyway enough signs to merit a dedicated topic for the phase II owners.



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15 Jan 2008 07:26 by wichmann Star rating in Copenhagen, Denmark .... 98 forum posts Send private message

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Thanks for this information , we would much appreciate any news regarding the progress of finalizing Phase II. Are there still some phase I apartments remaining to handed over?

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20 Jan 2008 20:06 by max! Star rating in Fuengirola. 944 forum posts Send private message

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Hi Whichman,
I see that you bought yourself some cool sunglasses while waitng for completion :)
There are still completions going on for phase I. I don't know how many but we have some clients who are scheduled to complete this month.
Unfortunately it's just as hard to get solid information about the license for phase II as it was for phase I. According to Nuria the road works would start in January and that work was instrumental to get the license, but like I said I never believe her. I can tell for sure that there is no activity at all so far on the road.  



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21 Jan 2008 21:22 by wichmann Star rating in Copenhagen, Denmark .... 98 forum posts Send private message

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Hi Max,

Even if it's no good news, we are happy that you bring whatever you know. If you hear anything abot this topic or see progress on the road work, please let us know.

Thanks.

Enjoy the good whether, we have 5 degree and rain or misty every day (some days/nights below zero).



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24 Jan 2008 21:04 by rosegreen Star rating. 52 forum posts Send private message

We enquired from our solicitor re completion date.  Today he e-mailed to say that the developer told him todaythat as the road is now finished the licence must be issued by the Town Hall in the next few weeks.  He advised us to arrange our finances etc

Could someone on ste confirm if the road has actually been completed as the developer said.

Monica




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24 Jan 2008 22:22 by max! Star rating in Fuengirola. 944 forum posts Send private message

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Last time we checked (this afternoon) there was no work going on at all. We have seen no activity at all so far.
Maybe your lawyer means the provisional road at the back of DJ, but that's finished for months now. I'm afraid he is not very well informed.



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25 Jan 2008 17:52 by Janmet Star rating in UK. 184 forum posts Send private message

There is definetly nothing happening on the road at the station. Since we were last in Spain they have added some lighting and they have cemented the concrete bollards on the road edges in some placesbut this is on the back road only. We saw the pools being cleaned and lawns cut we also notice hand rails. It was also good to see the graffiti in the station was no longer there. The cleaners are busy in the buildings and do a very thorough job looking after the place. 

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30 Jan 2008 17:13 by rosegreen Star rating. 52 forum posts Send private message

Our lawyer contacted the developer again and was informed that the road by the railway is renfe's responsibility and that the lience will be granted very shortly for phase11 as this is not the developer's problem;

Monica




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31 Jan 2008 11:30 by max! Star rating in Fuengirola. 944 forum posts Send private message

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Hi Rosegreen,
I find it very believable that they are at least thinking that the license will materialize. Not only are the gardens weeded and is the grass sprinkled, but today they started polishing the  communal marble areas.
Unfortunately at our costs as they are stealing electricity again, but that's not a phase II issue.
They wouldn't do all this if they thought completion was still at a vague point in the future.



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31 Jan 2008 23:02 by max! Star rating in Fuengirola. 944 forum posts Send private message

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The plot thickens....

A certain well known daughter of Don Juan was busy furnishing her double penthouse today together with her wife. Apparently she is convinced that completion is really near. This doesn't mean she is right as she is known for misjudgments.

I always thought that this penthouse would be used by the son of Don Juan but no, it will be used by his younger daughter. I’m wondering which administrator they will choose this time. I can’t imagine them choosing ours and I guess it will be someone more loyal to Arrohabitatge.

As the future DJ II community I think it would be wise if you already start thinking about the presidency. We were lucky with the administrator, we were lucky that they didn’t attend our first meeting and we were lucky that we got a president who doesn’t give in easily. Chances are that this time Arrohabitatge will attend the first meeting and together with the administrator have already found someone who is willing to cooperate. Do realize that they are in a great position at the first meeting as they no doubt have still a lot of unsold apartments.




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01 Feb 2008 10:40 by srs Star rating. 134 forum posts Send private message

 

Just a thought

Phase 1 administrator seems to be very good.  Why don't the residents of Phase 2 change and appoint the same one as soon as they can possibly do so as they will surely encounter the same problems.  The administrator for phase 1 has knowledge and experience of dealing with the promotor.  In fact why not go one step further and join the two communities together as they will share common areas as well as problems and phase 2 is quite small by comparison.

 

SRS




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01 Feb 2008 15:58 by davmunster Star rating in Carvajal\Belfast. 840 forum posts Send private message

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Don Juan's daughter's wife! I assume this is not a typo .

SRS with regard to your ideas about the communities my understanding is that you will be a community in your own right and that the administrator and president appointed at the inaugural meeting will be in office for at least a year. If as Max says they are friendly towards the promotor you will no doubt find yourselves paying for all the things like the grass harvester (lawn mower) which Phase 1 declined to pay for.

There is provision in the Horizontal Property Act for the formation of a Master Community provided such a move is approved by a majority of both component communites. This Master Community can effectively become the only active community taking responsibility for all the common elements of the development. If my reading of the law is correct the developer being the current sole owner of Phase 2 could propose the formation of a Master Community from day 1. This would be subject to Phase 1's agreement. Given that the developer has failed to gain control of the Phase 1 community they are unlikely to do this. Therefore Phase 2 will have to establish its own community before the 2 communities can consider forming a Master Community. My guess is this wont happen in the first year.



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01 Feb 2008 16:41 by srs Star rating. 134 forum posts Send private message

Many thanks for that explanation Davmunster.

I am actually a resident of phase 1 but I thought that it would be for the good of all in both phases that one community may be more beneficial.

Obviously having gone through the pain barriers ourselves it would be of more advantage to phase 2 buyers to have the benefit of our experience but  helping and sharing is what a community is all about.  Also it may be of advantage to phase 1 to have phase 2 residents minded in our favour.

I found your explanation very informative and from that I can see that phase 2 would probably want to amalgamate, if at all, once they have experience of what will presumably be a pro-promotor administrator, presumably after year 1.

Regards

SRS




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01 Feb 2008 17:08 by wichmann Star rating in Copenhagen, Denmark .... 98 forum posts Send private message

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Hi SRS,

As a (hopefully) comming member of the phase II community, I fully support the idea of one common cummunity, even if that means that we need to wait one year. This is one of the subjects that I'll "fight" for, and I know that it ofcourse also require acceptance from the phase I community.




This message was last edited by wichmann on 2/1/2008.

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01 Feb 2008 17:18 by davmunster Star rating in Carvajal\Belfast. 840 forum posts Send private message

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Hi Wichmann - I agree that one community for Phases 1 & 2 makes sense and I think it will happen eventually. In the meantime you have at least been able to follow our experiences in Phase 1 and hopefully learn from them. There do not seem to be many active posters in Phase 2 on this board so you may find that many of your neighbours are not as well informed as you are.

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David




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01 Feb 2008 17:35 by irenemontague Star rating in liverpool/carvajal . 794 forum posts Send private message

Hi all i just like to say i have given a lot of people this web site who are in phase 2 and still email people and they are reading all our news and some are still asking for photos i have sent a few to people, but they just read whats on the site bye irene/peter


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01 Feb 2008 20:18 by rosegreen Star rating. 52 forum posts Send private message

Thank uou for all that information. We are in phase 11 and hadassumed that phases 1 and 2 would form one community.   We are very disapponted to learn that this is not so.  We had looked forward to having Max, Davidmunster and friends on our side.

Any more phase 11 people out there?

Seamus and Monica.

y the way does anyone know if the apartments are holding their value or has there been a major drop in price s  asreported in the papers here in Ireland.




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01 Feb 2008 20:51 by davmunster Star rating in Carvajal\Belfast. 840 forum posts Send private message

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Hi Seamus & Monica - I am sure I speak for everyone in Phase 1 when I say we are on your side regardless of whether we are 1 community or 2 and will help you in any way we can. In spite of the issues with the developer Don Juan is still a great place to have bought.

The whole property market in Southern Spain has slowed to a virtual stop just as it has here in Ireland. It is not so much a case of prices falling as the only sales taking place are distressed sales at knock down prices. The "investor" buyers have gone elsewhere but the demand from "real" buyers who want to move to Spain or buy a holiday or retirement home will eventually take up the slack. Fundamentally Don Juan is on the coast (and there's no more coast left to build on)  and not only on the coast but close to a nice beach so will prove a sound long term investment - provided you don't have to sell in 2008!



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01 Feb 2008 23:03 by max! Star rating in Fuengirola. 944 forum posts Send private message

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Regarding the forming of one community it's still not completely clear to me how it works. I know the law, I know there are provisions which makes it possible to form a sort of 'superstructure' to govern the common issues, but I also know for sure that the promoter has to establish a community before he can sell even one apartment in phase II.
 
So there seem to be some contradictions and to discover how it really works I looked at other developments with different 'phases'. Apparently they all have their own basic community and administrator and just work together on common issues. A complete integration seems to require a unanimous vote from both communities which will be impossible to achieve.
 
So basically chances are that DJ II will end up as a separate community and like I predicted earlier the chances are slim that they will have the same administrator. As these contracts are almost always for a year the DJ II will be disadvantaged in the beginning.
 
I would propose an informal working relationship with regular meetings between people from DJ II and the presidency and administrator of DJ I to sort out issues and work towards the future. Again it's very important to consider the presidency of DJ II and use the power of this forum to be influental in this election. I'm pretty sure our administrator wants to win the contract with DJ II after the first year and I will press to them how important it is to help this community as much as possible with advise etc in their first year. They have a vested interest and also seem be morally motivated to 'do things right' so I guess they will be very willing to help out. We (speaking as the 'representative' body of the DJ I community certainly want to cooperate as close as possible with phase II). United we stand.
 
(and no DavMunster 'the wife of Nuria' was no mistake. She is formally married)


This message was last edited by max! on 2/1/2008.


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02 Feb 2008 09:37 by srs Star rating. 134 forum posts Send private message

Hello Max

I am not sure that complete integration will be impossible to achieve if, as you say, a unanimous vote is all that is required. 

If the law permits such a situation, and if both communities vote to integrate then the impossibility will become a reality as with any other voting topic.  In effect both these phases are separate simply due to the timing of construction and release which, in years to come, will be of no consequence.  Both phases share common roads, paths, lighting etc, not to mention the impracticalities of having a security guard who walks down a path "separating" the two phases looking after one half. 

I do not have a yearning for phase two to be integrated but rather than thinking that the proposal to integrate is considered a sensible option I feel that not considering the arrangement at some point in the near future would be quite the opposite due to the common interests.

As agreed in the meantime phase 2 will no doubt receive the valuable advice that both youself and Davmunster have to offer.

Regards

SRS




This message was last edited by srs on 2/2/2008.


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