Extraordinary Quotas for Future Expenses for Spanish Communities

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23 Nov 2019 18:17 by nigel188 Star rating in Estepona. 586 posts Send private message

I have a friend who is asking the correct procedures regarding the imposing of an extraordinary quotas on their community for  future installation of a main water supply. It going to cost in the region of euros 100,000,.00. Hidralia has said that there is no money at the moment to start this work and they may have money in 3 years time.. Should these moneys be kept in a separate Bank Account and shown separately in the  Accounts????.
How should this extra quota be calculated. Presumably  based on the square meters of your property?????
 
 Is there a section in the Horizontal Property Law covering the above issue.
 
Many Thanks


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Nigel




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25 Nov 2019 14:26 by ads Star rating. 3897 posts Send private message

Various questions arise from this.

Is the existing provision of main water supply not fit for purpose?

Is the current provision a developer’s temporary supply used to construct the development?

Is the suggestion that the developer was supposed to have made financial provision for a fully operational water supply from Hidralia that has yet to be installed, and was this dependent upon developer funds being deposited to cover for this eventuality? Are such monies required to be ringfenced for a specific development?

Or has the developer defaulted in which case are the costs being unfairly passed on to the community of owners under the quota system as set out in the horizontal property law?

Does the town hall not have responsibility from the outset to ensure that habitation licences will not be issued until all utility supplies are installed and operational to ensure that communities are not exposed to this risk?

What redress does the community have when a developer defaults on their provision of utilities and occupation of the development has taken place?

 


This message was last edited by ads on 25/11/2019.



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25 Nov 2019 15:29 by nigel188 Star rating in Estepona. 586 posts Send private message

Hi Ads

1. There is no current provision for a Mains Water Supply. Aniother problem is that  a private person owns the road through which the development has been built around. This whole development is using well water as their Main Source of Supply.

2. I think it is a  new government regulation that Well Water can not be used for Domestic Consumption only irrigation. Therefore an Agreement has been drawn up with Hidralia to Supply a Mains Water Supply to which Residents have to contribute to through a Special Levy raised for this purpose. Hydralia has said that there is no money now to start laying piping but may have some money in 3 years time.

3. I do not know the answer to your other questions as this Development  has had Well Water from the beginning but each Well is now being meterd by Hydralia to calculate Sewerage Water used by each Property.

4. It look as though the original Property Developer did not make any Provision for a Mains Water Suppy.That is why they have been using Well Water up to now. This is pumped into a Reservoir and then disributed to each Household which consist of Flats, Townhouses and Houses.

 



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Nigel




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25 Nov 2019 17:17 by angeleyes1 Star rating in Camposol & Bradford. 389 posts Send private message

angeleyes1´s avatar

Was your friend fully aware there was no mains water supply to their property and the community? Was said friend fully advised prior to purchase by their due diligence legal representative what all the problems and financial implications could be?



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When you have to shoot, shoot, don't talk.



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26 Nov 2019 18:30 by nigel188 Star rating in Estepona. 586 posts Send private message

Yes, my Friend  & her Husband bought their Townhouse back in 2003. Well Water  is used and is  included in their Quarterly Quota. The only utility that was installed all over the development in those days was the Electricity supplied by Endesa. I really don't know if the legal implications in not having Main Water was explained to them then. Probably not knowing the greedy Developers in those days. I believe the actual Developerr has gone bust anyway.He is past history know.



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26 Nov 2019 19:34 by hugh_man Star rating in Kent/Roda . 1560 posts Send private message

hugh_man´s avatar

I would suggest that the Community is liable to pay for the provision which would be based on sqm of each property, but surely the Community Administrator can either advise or obtain proper legal advice on where they stand?





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26 Nov 2019 20:12 by angeleyes1 Star rating in Camposol & Bradford. 389 posts Send private message

angeleyes1´s avatar

Hi Nigel your so called friend could only make a judgement and investment on the laws and regulations that were in effect at the time of purchase. The future is like the start of the 1.30pm at Kempton, Developer Evans favourite, moral expectations 33/1 and Legal advice a non runner.



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29 Nov 2019 11:52 by ads Star rating. 3897 posts Send private message

More questions I’m afraid relating to properties currently dependant on well water in Spain....

Are ALL individuals currently dependant on well water now at risk of major increases going forward?

Are potential purchasers NOW being adequately forewarned in the legal conveyancing process? Are they being made aware of the financial risks and recent shifts in apportioning increased utility costs ( quotas according to square meterage).?

Is there any regulatory structure in place in Spain with regard to utility companies, to ensure that consumers are protected from unfair offloading of their future infrastructure costs? Are these utility companies making fair apportionment of costs across the country to spread the load associated with bringing their infrastructure up to modern day standards ? Or are owners currently dependant on well water being individually targeted in this process going forward?

And then there is the issue of illegal use of water and administrative negligence..

In a report back in 2006 the following was identified....

http://assets.panda.org/downloads/illegal_water_use_in_spain_may06.pdf

 

According to the Spanish Ministry for the Environment, there are 510,000 illegal wells in Spain1. This figure implies that at least 3,600 hm3 of groundwater is extracted illegally each year, which equals the average water consumption of 58 million people. This probably underestimated volume, is in contrast with the volume that is legally extracted, which is estimated at 4,500 hm3/year2. This means that at least 45% of all water pumped from aquifers each year is extracted without regard to legal constraints. “

 

In this context, the Administration – at national, regional and local levels – is responsible too, as it is unable, and in some cases unwilling to tackle illegal water abstraction via political measures.

In particular, River Basin Authorities (which report to the Ministry for the Environment and the Autonomous Communities) are responsible for this situation, as they have been:

1. Negligent in monitoring users and enforcing the Law, either because the administrative proceedings are too complex, or because they lack the means or they are unwilling to intervene.

2. Slow in dealing with proceedings for registration and concession of new water licences, which makes it difficult to detect illegal users and pushes some people to drill wells before getting a reply from the Administration.

Illegal water abstraction is destined for land uses which are regulated and controlled by the Autonomous Communities. Therefore, these, directly or indirectly, contribute to the illegal use of this resource, in the following ways:

1. Political pressure from the Autonomous Communities over the River Basin Authorities in order to avoid confrontations with powerful financial and social groups that benefit from illegal water use.

2. Insufficient control and prosecution of farmland transformations (dry land being turned into irrigated land) on the part of Autonomous Communities, who have jurisdiction over land use.

3. Agricultural policies that do not discourage illegal water use. At present, agricultural subsidies are being granted through Autonomous Communities without checking that the irrigation is done with licensed abstractions.

4. Non-sustainable urban developments promoted and/or tolerated by some Autonomous Communities that do not take into account the actual volume of water available in the region and favour the search for unauthorised water sources.

Users authorized to abstract water, either for lack of information, for fear, or for some kind of solidarity, have rarely taken action to oppose the proliferation of illegal water uses:

1. The users themselves do not participate in the water management process, this results in lack of awareness on their part, which is an obstacle to the rational and sustainable use of this resource. As a consequence, illegal water abstractions are not reported, even though these damage legal users’ rights.

2. The users have not had enough training on the efficient use of the available resources, as a result of which even authorised users look for new resources – illegally.”

And more recently the EU have expressed grave concerns.

https://elpais.com/elpais/2016/07/14/inenglish/1468483302_002625.html

The question then remains are individual consumers now being made the scapegoats to fund the costs associated with illegal use of water that have arisen as a consequence of many years of administrative negligence?

I wonder how many will be affected by unforeseen increases in their utility bills and community charges as a consequence of reapportioning charges( quotas) according to square meterage of their properties? How many will be financially compromised if these increases turn out to be large scale increases going forward?

 

 

 





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30 Nov 2019 08:11 by nigel188 Star rating in Estepona. 586 posts Send private message

Hi Ads

Thank you for all your replies which are much appreciated and I will pass on to my Friend for further investigation.. Also all the other Forum users who  also replied to my query.

 



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Nigel




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