Completion of phase II

Hi Janice,

That is either a mistake or there are 2 stages to the pool licencing system. We had an inspection in Phase 1 before we got the licence where everything from the water quality to the filtration system was checked by the inspector before the licence was issued. The inspector was from Malaga rather than Fuengirola. There is no way the Phase 2 pool would be licenced in its current state.

 The same issue seems to be discussed in the pool topic and here. I just noticed this so I will repeat my post here and extend it.

 Hi Srs,

Hi David

I know you probably find it just as frustrating, but why does it take over a year to get a licence for the other pool in Phase 1. It could get overcrowded around the Phase 1 pools in the Summer. Steps should be taken to get the phase 2 pool up and running as soon as possible as well. I have no objection with the people of phase 2 using our pools, and visa versa. i think it would be good gesture to make, to make closer links so next year we can merge the phases if possible, though it would not surprise me if the developer makes the phase 2 pool by key or card access only, purely out of spite. It drives me mad when it takes so long for local officials to sort out something so small. You would swear it was the Pacific Ocean they were doing checks on. Maybe if some of them done 15 -16 hour days, 6 or 7 days a week like me, they might issue more than one licence a week.

On the grass issue, its a mess in places. I agree with everyone, its far too short. In the Summer heat it will be like a dirt track at this rate. Are we sure this gardener is qualified. Only an idiot would cut it this short. I reckon he must be smoking the stuff. He should be made to stop cutting it, and wasting water on it, and get estimates on the cost of replacing it with proper grass before the Summer heat sets in.

Westport

In response to the last 2 posts:

1) The phase 1 pool is "open" in the sense that people are allowed to use it. I had noticed that the maintainance man hasn't been opening it. Presumably as no one was using it he just didn't bother. I will ensure that this is rectified

2) We have no influence on the speed with which the Phase 2 pool is made ready or when they apply for their licence. They could choose, as we did, to open the pool without a licence for use "at the users own risk".

4) I do not agree with Max's analysis of the issue's surrounding the neighbour's gate into the area behind block 5. We own this land but that is not relevant. The gate leads to a pool area and is therefore in breach of the regulation and will have to be removed. The border line between the 2 phases gives us access through the gate which the developer currently has chained and locked. We have not made an issue of this as the area is a health hazard anyway. We cannot predict what the developer will do but putting up a permanent fence on the deviding line between the 2 phases would probable effect the licence as well because it would be very close to the pool.

3)With regard to our 2nd pool you seem to only get one chance per year to get the licence. If you fail you have to wait until the next year and then apply again. Last year the pool was open for use "at the users own risk". I see no reason why, if we can't get our licence, we can't do the same thing this year.

Hello all

I was over at Christmas and the rope was not in place at that point but the gate was.  As a result the occupant had in fact fitted a gate that opened to an open pool area that did not have a dividing barrier.

Also the law will not state that there should be a dividing fence between the two communities but that there should not be gate access to the pool area irrespective of whether it is from a phase 1 or 2 apartment.  As a result the developer has no choice but divide the area in oreder to complete the pool.

Now, the gate owner may not object to that fence and if it gets rid of the stinking pool issue then neither have I to a point but the dividing line issue will mean that this could drag on an on. 

Personally I have no interest as to whether anyone has a gate, if you have a gate then good luck to you.  What I DO object to is having to be disadvantaged both financially and aesthetically along with enduring a health hazard simply because someone has decided to do what they like.  Now this may not have been with disregard to others but it has developed into such an issue so can anyone tell me whether the community rules allow or refuse gates to be made in fences bordering a communal area?  This issue is now more important than simple access to a green area.

In conclusion I appeal to the owner, please get rid of your gate so this saga can be resolved and walk the 20 feet or so to the green area instead!  Only the occupant can sort this out and any decision otherwise I would consider unreasonable.  I

 Hi Westport,

You wrote 'It drives me mad when it takes so long for local officials to sort out something so small.'. Me too, but in this case the problem is not with the officials. From filling the application for a pool license, inspection, re-inspection after correction of some faults and granting the license took no longer than a month. The delay with our pools was not caused by the Andalucian health department but by our own inactivity. 

Max

 To clarify my origínal post a crude drawing.

This message was last edited by max! on 2/26/2009.

Very interesting Max you have obviously put a lot of thought into this.

Do you mean that there will be a fence where you have put the red line with a gate in it for access to the pool or am I getting the wrong end of the stick?

I cannot understand why this is getting so complicated  as the solution is simple.  The occupant in block 5 must get rid of his gate, the developer can then complete the work and we can all get on with sharing  all facilities with pahse 2 getting to use 3 pools if they wish. 

 By the way I asked about whether the community rules allow or refuse gates, does anyone know the answer?

 Hi SRS,

Legal boundaries work the same in most of Europe. My proposal involves possibly a few square meters and yes we would officially loose them if we allow that path, but who cares if it's the best solution for both phases.

Like I said there is no real alternative. Phase II needs a way to close their pool and you wouldn't like them to close access to the communal garden behind your apartment. Without a gardener with access to that garden your renters wouldn't be happy!

And yes the red line represents a fence with a gate at the end of the extended path.

Max

Interesting and pertinent question raised by srs - does anyone know what the community rules say?  I suspect many of the owners in  phase1 have already paid 300€ towards a "constitution" for the community and it would appear that no such document exists some two years later.

Would a member of the current committee please reply to give us an update on the status of the constitution for phase 1, in particular why we do not have a constitution if this is indeed the case.

We're going a bit "off topic" here but I will answer, as well as I can, the questions asked The constitution we were given was actually the constitution for Arrohabitatge's last developement Monte Canada. They hadn't even bothered to change the name. There was a set of rules proposed at the last meeting but it was agreed that they needed to be looked at again and it is our intention to bring proposals to the next meeting. One resident has done quite a bit of detailed work but the committee will need to spend quite a bit of time on it to get this right.

There are no current rules about gates but we don't need rules for things that are already covered by existing regulations and it is against the law to have a gate leading from a private garden directly into an area where there is a community swimming pool.

Max can propose anything he likes but we need a reality check here. We are dealing with Arrohabitatge. Cooperation is not something Arrohabitatge do. They are likely to treat the Phase 2 community with the same contempt they have shown to Phase 1 and I expect it will be at least a year before we can normalise relations with the 2 communites and start cooperating. 

I think the gardens are a good design. Arrohabitatge just didn't anticipate or plan for 2 communities with divided facilites. Putting in extra fences would be detrimental to both communites so I hope they don't do it. We certainly don't need a fence to gain access to the phase 1 garden areas. We already have a right to access them. We just haven't chosen, at this stage. to make an issue of the fact that they have chained up the gate which is 66% in phase 1 grounds.

When the phase 2 owners are able to take control of their community away from Arrohabitage we can work together to reduce costs and for the benefit of both communites. For now I am afraid we have to face the fact that we are dealing with what Max quite rightly called "the developer from hell" and lower our expectations of what can be achieved this year. 

The gardens were not designed very well as phase I has no access to the communal gardens in front of block 5 and 6.  My proposal is very cheap to execute and get rids of some unnecessary gates. 

It will also be the fastest way for phase II to get a proper license which I think is important. Opening an unlicensed pool make the president of the community liable for all accidents. Besides it's illegal to sell or rent an apartment mentioning a pool if it's unlicensed.

Last but not least I don't like Arrohabitatge and they are still making my professional life very difficult just because I opposed some of their actions as former vice-president. However they clearly improved their attitude, they are much more forthcoming to phase II owners and they are certainly able to make a deal when they can win something. The broad agreement with the town hall shows that they are able to do the math and give and take when it's needed.

It won't help phase II owners if we set them up against the developer. Arrohabitatge has reacted quite positive on the phase I proposal to install water meters, however they got upset when we still cut their water and understandably so. They invested money in a solution, discovered that we backed out of the deal and had to set up a complete new water system and pumping station as a result. Again, I'm probably one of the biggest victims of Arrohabitatges strategy as they still try to ruin the company of my wife, but the past is the past for the new owners.

If they want a pool license on short notice the best approach would be following my proposal. The only thing phase I has to do is be lenient if they need a few square meters from our territory.

Max 

An older post of David which I totally agree with.

 I was trying to post a map showing the division between phases 1 & 2 obtained from the town hall. It was the wrong file type and I had to download a conversion tool. This is now done and the map is under photos.

Whoever devided up the phases didn't put much thought into it. It would be impossible for either to stay within their own borders so it is understandable that the Town Hall want us to come to an agreement with Arrohabitatge. We have asked for a meeting with Ana Mula at the town hall next week.

Just to be clear I don't agree with Max's post which is a mixture of untruths, half truths and fantasies - he seems to have completely lost the plot!

In which post did I Iose  the plot?

It's not a very constructive way to argue. If you disagree, which is your right, it would be better if you abstain from personal insults. If you think that things are not correct you can just state so but please specify what is wrong. This forum is meant to be a constructive exchange of views with the common interest to improve the Don Juan communities. Personal attacks are better dealt by private e-mail. 

This topic is about phase II. We're just guests here and we should be the ones offering help instead of bickering about apparently personal issues which are irrelevant. 

Max

OK Max if you want me to expose you  just say yes and I will publish all I know about you. It will make interesting reading. It must be apparent to you that I am extremely annoyed at your behaviour tonight. I know all about your phone call to Rene and I understand your concerns. What I don't understand is that instead of talking privately you have chosen to air them publicly. I don't actually think you want to harm Don Juan but your overriding desire to harm the committee has taken precedence here.

You are right this has nothing to do with phase 2 and my apologies to Phase 2 members for using your thread to deal with this problem.

Moved my reaction to 'community matters' as this strange bickering has nothing to do with phase II.