Completion of phase II

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).

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

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

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

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.

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

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.

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.

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!

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