Macro Communities - any info?

We've just discovered that the local town hall has decided to form an "Entidad Urbanística de Conservación", which is a macro community which encompasses various developments in a certain area, in our case El Hacho, which is the hill around which the Duquesa Golf Course wraps itself and includes all developments that border the golf course, as well as the port (???).  Basically this macro community has been formed by the Manilva Town Hall and, supposedly, the owners of the relevant properties and their communities' presidents!!  Although, as it happens, no owners have been informed about it!!

They plan on billing (and have already billed some!) all owners an annual amount (the community hasn't a period limited by time, by the way) in ADDITION to the IBI property tax that all owners will have to pay.

It's a bit long winded so won't go into it here, and an action group has already been formed, but just wondered if anybody out there had any experience of this in their own community?

Basically, this "entity" will collect funds from all owners in the specified area, to maintain/service/repair public areas within this wider community - which will be used by all and sundry and not just the property owners!

Any views??

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This sounds like the Andalucian equivalent of the Valencia land grab scandal. Basically, owners of properties are being charged huge sums for new infrastructure in their immediate vicinity. Infirmation on this seems a bit scant, but I think Justin is looking in to it, so if he doesn't post a reploy here soon, maybe you should e-mail him direct to see if he can advise you.

An "entity" collecting funds sounds terribly Mafiosa, doesn't it?

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I am aware of the "El Hacho" situation.  All owners should have been notified by the administrator as to their obligations.

The problem with El Hacho is that it was handled very badly by the town hall (just like everything else they've done recently).  From what I know the previous mayor had no interest in the foreign owners and as most of the owners around Duquesa are foreign he didn't have any issues in making them pay for the maintenance of their whole area.

As to the legality of this I don't know but I'll ask Maria to comment.

Justin

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Mmmm, we have a Macro-community charge of €15000 included in our yearly budget which gets paid via our community fees. This was introduced at our first meeting and I think when it was questioned we were told it was to help pay towards the upkeep of the area surrounding our urbanisations and being newly developed, for street lighting and other amenities.  We are due for another AGM soon, it will be interesting to see what budget they have set for this year!

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Hey Justin and all:

 

Let me discuss the land grab topic with the Administrative Law Specialist in the Law Firm: by the way,  he is my  dear brother Ignacio who is leaving the family´s Law Firm, to become a member of the Diplomatic Body. How sad!

M.

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In anticipation: that sounds fully illegal and abusive. Those are public risponsabilities. But....let me give to you a more accurate legal assessment.

Best,

Maria

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Thanks Maria and all for the comments.  All info/advice is appreciated.

From the information I have, not all owners were advised about this, either personally or by their community administrators/president.  The EUC budget for this year, apparently, is about 650,000 Euros, which includes about 90,000 administrators fees.  The EUC have also agreed to assume debts and liabilities incurred before the formation of the EUC!!  These include 400,000 Euros, apparently, for work claimed by developers, but not proven to have been carried out as no invoices exist (from info we've been given).

Not only that, but the budget apparently will include, amongst other things, the cost of repaving and relighting the port area, putting lights under the port entrance bridge, etc., which all and sundry use, not just the developments on El Hacho, AND the communities roped into this entity do not include Marina de la Duquesa for some reason - which is right next to the port!

Also, the EUC is an "open ended" entity, in that it has no finite time limit, so they can just increase the fees each year for as long as they like! 

So, even though 300 euros this year may not sound like a lot (in addition to our IBI tax) what happens when it increases to 500 euros, maybe, next year to cover the cost of potted plants along the N340 at the port entrance?!!

Just want to know whether this is a common procedure in Spain/Andalucia.  Especially in view of the fact that, apparently, this EUC will inform the Land Registry of the owners'  commitment to pay these additional taxes, which, obviously, will raise queries if and when we come to sell.  But, apparently, they can only do that when they have been officially registered as an Entidad, and they haven't done that yet (according to information I've been given), so, even though they have already sent invoices to owners, this EUC doesn't officially exist!

As you can probaby tell, I'm not too impressed with all this!!





This message was last edited by Pitby on 6/7/2007.

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The Entidades Urbanisticas de Conservacion are  a legal institution according to provisions 67 to 70 of the  General Administrative Regulations on Urbanism. They need to be formed under a precise legal procedure.

60% of owners need to write a project on Estatutes and basis for actuation.
Once that is done, the constitution process begins and the steps are:

1.- Initial approval
2.- Publication of initial approval
3.- Allegations and public information  (15 days)
4.- Definitive approval
5.- Publication of agreement of definitive approval
6.-Effective formation of the Entity by Public Deed ( before a Notary). Within 30 days.
7.- Approval of the formation.
8.- Registration ( before a Registry  of the  Anutonomous Community)
9.- Communication of the entry to the President of the Entity.

These entitiy are of compulsory nature if the  obligation of the conservation of the urbanisation works are of the owners of a determined zone according to the provisions of the PGOU ( General Plan of Urban Planning)  of the basis of the urbanistic actuation programm or when it is stated in any kind of legal provision. In these cases, the memebership is obligatory to all the owners of that determined area.

Of course there are many legals to check here by a good Planning Specialist Lawyer.

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I don't believe anything like 60% of owners even knew anything about el hacho let alone were in involved in it's set up.  This is very worrying...

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Maria, many thanks for the info.

There is an action group set up against the formation of this EUC, so, if they get at least 500 owners on-board, they will be able to take legal action against it.

I've just found out that the owner of a quite prominent developer in the area has, in fact, been appointed President of this community, which does concern me and, personally, I think is rather conflicting.

Just don't like this at all!

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Pitby:

Good luck!

If you need further legal orientation, pelase email us at: mldecastro@costaluzlawyers.es

Best,

M.

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Of course, these institutions need to be democratically formed. SO, if any feature of imposition is founded, you will be able to fight it with the proper civil/ administrative actions.

Best,

M.

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Many thanks, Maria.

Will let you know how it goes.

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Hi  Pitby.   That sounds like a townhall takeover (very clever ) ,  the area we used to live on the CDS was in a situation like yours is being formed into in some ways . the whole urb. was owned by a Spanish reg. company and until all building work was finished   ( possibly never ) they had control of the whole area as regards money coming in from all the communties in the urb. so each complex /  property owner payed a fee to them via community charge also IBI to Mijas, they had a community set up just as any small community system for budgets but ofcourse as the owners of the area in many ways they proberly had the last say . your problem sounds almost the same in many ways except the Town Hall is doing it , smells like a money making scame to me also we thought the administrator fee is fixed at 6% of the budget , even if its legal its still a blow for you all in the area.                     Best of luck with this.  Regds  Rosin

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It can be checked. Ask the manager or presidents for all the relevant paperwork. If you wantme to make a list of the documents you need to ask for, please ask.

Best,

M.

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Rosi n and Maria - thanks for all your help and input.

Maria, a group has been formed already to take action, with over 300 property owners on board.  We are told the solicitors instructed (a firm in Estepona) would like 500 owners to continue this against the Manilva town hall.  So we're just trying to get more owners to pay an interest and sign up.

I will keep you informed of developments.

Kindest regards,
Jan

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great.
Please keep me updated.
Best regards,
M.

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