A Demanda de Embargo

OUR  BUILDER  WILL  NOT  PAY  COMMUNITY  FEES  FOR  APARTMENTS  NOT  SOLD,  THE  COMMUNITY  WISHES  TO  KNOW  HOW  DO  WE  GO  ABOUT  INSTIGATING,  "  A  DEMANDA  DE  EMBARGO "  HE  SAYS  HIS  COMPANY  IS  STRUGGLING  FINANCIALLY. 

JAMES

Hi James and welcome to the forum. 

Your administrator can be instructed by the President to take any debtors to court, including the builder.  You might find that they are reluctant to do this if the builder initially employed the administrators, but they are supposed to follow your instructions.

Good luck!

Hi  Claire,  problem  is  we  temporarily  have  no  administrator  due  to  him  being  kicked  into  touch  for  colluding  with  the  builder (  whilst  the  builder  was  President) and  setting  up  contracts  for  maintenance  etc  that  the  community  could  not  sustain  due to  lack  of  incoming  community  fees.

The  serving  President  and  committee  are  running  the  business  at  the  moment  but  we  do  not  know  the  procedure  for  starting  to  go  down  the  road  of  " a  demanda  de  embargo "  ie  what  is  the  procedure,  what  paperwork  to  raise,  do  we  attend  court,  do  we  need  a  solicitor.

I  have  searched  the  sites  for  guidance  but  have  not  been  successful.

James

Find yourself a lawyer who is also an administrator de fincas.

Thanks  for  the  advice  Faro,  if  the  only  avenue  is  a  lawyer  then  funds  or  lack  of  now  become  the  hurdle.

Some will take on the job or at least discuss the problem with you.

I recommended finding someone with dual roles becuase of the difficult road ahead.

In what part of Spain is your development?

Hi  Faro.

Hondon  De  Los  Frailes,  Hondon  Valley,  Costa  Blanca.

Sorry - if you were on CDS I had a few names to put forward.

Speak to a local lawyer and see if they can recommend someone or speak to your local Ilustre Colegio Territorial de Administradores de Finas and see if they will put a name forward.

But don't be led by the President/Developer who is already responsible for the mess.

I could point to Urbanisations where architect, developer, builder, administrator, president, maintenance company are all family and half times the English don't realise!

and if you really want to rub salt in the wound the repairs are done by the builder (developer) and the residents pay by way of community fee - don't you just love it!

Thanks  for  your  input  Faro.

The  developer  does  not  have  any  say  in  the  running  of  the  community  now  other  than  as  an  apartment  owner,. he  resigned  as  President  and  went  with  the  administrator,  that  is  when  we  took  over  the  running  of  the  community.

I  have  gleamed  some  knowledge  from  the  input,  now  it  is  which  road  to  go  down,  the  next  step  is  to  call  an  EGM  and  take  note  of  the  communities  wishes.

James 

Try to find an adminstrator that speaks good English and is willing to work with you and guide you through difficult times.

Difficult decisions will need to be made and all those owners paying community fees will need to pull together.

But in answer to your initial question  the community will need a lawyer and you will need to engage a procurador (court lawyer) - procedure must be followed and the President will need approval at AGM or EGM to bring action in the name of the community and instruct lawyer/procurador. The Spanish legal system is highly procedural which is one of the reason it's slow. It is not like the UK when it comes to filing county court claims at speed!

go around up and running urbanisations local to you and find out who their administrator is who the good ones are

If you don't need a Administrator don't hire one... they are mostly rougues who work for their own ends not yours...we have a team of 25 - 30 owners running our urbanisation of some 850 villas ... no administrator input at all. We have never been as under control with fewer non payers and by March will have paid down a debt of €165,000 in just over one year through very good and tight monetary control.

We hired a lawyer on a pay as you go basis to advise on all matters legal, our bill for the year has been €3,000 our bill for the administrator was €50,000 and what a dogs dinner he made of everything.

Good luck

There are many lawyers who are also administrators so you can get the best of both worlds.

But what you need to do is agree with the administrator the service you want and the responsibilites of all parties. Ignore what the colegio says as regards recommened fees or responsibiities - it is what you want and what you agree - that way there is no mis-understanding.

I tried to do a survey last year on Administratror fees and there were some mega variations and certainly the developer appointed administrators were the most expensive.

But if you were paying EUR50k then you wuld almost expect him onsite 7 hours a day 5 days a week - but you were being fleeced and you know that now!

sanoliver

I am not sure if they are close enough to you but a company I have had good reports of and speak a number of languages based in Pilar de Hordada, south of Torrevieja is Pentagono Multiservices S L member of the collegiate of administrators

contact info@pentagonomultiservices.com or 685192787

best of luck