Help needed

Hi

I would like to ask a question and hoping Maria will be able to help me.

Our new complex was sold to us as a secure, gated, video entry community. Yes, we have all the gadgets, buzzers and video with a secure entry gate at the front. However, the rear entrance has not been finished and the railings have not been finished off to match the front entrance. Anyone can jump over the small wall so my question is how do we stand with the builders obligation to finish the site? Has he a legal obligation to complete the complex as we were sold a secure gated community? Otherwise myself and other owners are going to have to foot a hefty bill to make the complex secure. My Mum rang me this week and she has said there has been a break in. We are all very upset about this. We completed just over a year ago but phase 2 was completed later. Is there a timescale to get the builder back (assuming he could be made to finish it?)

We really don't know what the procedure is. I hope you can help us Maria.

Many Thanks

Gina

 

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Dear Candyfloss:

I am answering below in bold green ( same text of your message):

Hi

I would like to ask a question and hoping Maria will be able to help me.

Our new complex was sold to us as a secure, gated, video entry community. Yes, we have all the gadgets, buzzers and video with a secure entry gate at the front. However, the rear entrance has not been finished and the railings have not been finished off to match the front entrance. Anyone can jump over the small wall so my question is how do we stand with the builders obligation to finish the site? You stand fully.  Has he a legal obligation to complete the complex as we were sold a secure gated community?  Or course yes. Otherwise myself and other owners are going to have to foot a hefty bill to make the complex secure. My Mum rang me this week and she has said there has been a break in. We are all very upset about this. We completed just over a year ago but phase 2 was completed later. Is there a timescale to get the builder back (assuming he could be made to finish it?) 15 years.

We really don't know what the procedure is. I hope you can help us Maria. You need to send a legal request to developer asking him to fulfill the contract. We would be pleased to assist you in this matter if you need.

Many Thanks

Gina

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Hi Maria,

Thank you so much for your speedy reply. We have a meeting in May now and hopefully will be able to start getting things sorted out.

Thanks again

Gina x

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15 years, Maria? I thought the building insurance/guarantee was for 10 years, and only for structural issues? I remember seeing somewhere else a sliding timescale for various types of problems (e.g. purely aesthetic, problems affecting the habitability, structural defects etc.) Perhaps this was incorrect, then?

Gina, in the first instance, the administrator, on the president's authority, should send a burofax, which is similar to a registered letter, (and I think maybe the "legal request" Maria refers to?) to the developer. He must respond to this by law. On the other hand, you may wish to take Maria up on her offer. I hear she's very good!

 

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Thanks Roberto,

I guess that it is the NHBC which you refer to, the same as over in UK valid for 10 years.

We have an e mail list of owners and we are all trying to get an agenda together ready for our May meeting. Hard work when we are all so far away. thank you both for your replies. I'll let you know what happens.

Cheers

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Huh? Is this May meeting the AGM of the community? Surely the president and/or administrator will have already made an agenda? Perhaps you mean that you and other like minded owners are getting a list of points ready to raise at the meeting that aren't necessarily on the agenda? They would normally be dealt with under the heading ruegas y preguntas, basically requests and questions not covered under other topics on the agenda.

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We recently booted out (sorry, changed) our administrators at our last community AGM as they weren't doing anything to get the fees owing.  The old administrators weren't too happy and said they have a contract for another year as we have to give them a years notice.  As we can't find anything that says this, they were basically told to leg it.  However, we have been told that we need to lodge money against them possibly suing us for a years worth of money.  When we asked how long we had to hold the money for, or how long they had to take out legal action, we were told 15 years.  Judging by most of them attending the meeting, we'll all be dead by then.

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I thought even the tax department couldn't recover a debt after 6 years.

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Hi 

Hypothethically, how easy is it to replace the administrator?  Obviously in light of Bobaol's comments it could by costly. 

Has anyone any recommendations for administrators in the mar menor area   (PM me rather than run the risk of  being censored by Justin).

ta

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Hola Cooberpedy:

To replace an administrator is as easy as to hold an Owners meeting and have it decided by the majority of owners ( whith majority of  shares).

Best,

Maria

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To change Administrators is easy.  Our first "Administators" were put in place by the builder and was in fact his cousin (as was our pool cleaner!).  He had the builder´s interest at heart and refused to help us as a Community.  We called an E.G.M. after nine months of this at which the majority of owners voted him out although we did end up paying him a further two months fees as he claimed we had signed a contact to do this (we had not but needed to get rid)

Our second firm of Administrators were excellent for the first 18th months but as the urbanisations developed here on the Costa Blanca so did their work load and we ended up with little or no attention from them.  We are now in our fourth year and we have most things under control and although we have the odd problem (our drains blocked over the Easter holiday) we find that we can do most of the work ourselves.  Bearing this is mind we now employ the cheapest Administrator that we could find and although we now pay less than 50% of the previous charges we have ended up with the best service.

Therefore, in answer to your question it is straightforward, but do it correctly through a A.G.M. or E.G.M.  and check for any existing contract as you may need to give written notice of intended termination of services.  Ask around other urbanisations in your area to see if  they are happy with theirs, I am sure they will soon tell you if they are not!

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Thank you all for your replies.

I will pass the info on to the other owners. Yes, the administrators were put in place by the builder. All new to all of us at the minute so will find out what we can do with all your helpful replies/

In answer to you Roberto, yes, we are trying to get an agenda together between ourselves via e mails. The president is not on the e mail list. And yes, I expect that they have already set agenda for May!

A learning curve for all of us I expect so will see how we go. It has been suggested that we change administrators and the gardeners leave a lot to be desired, not to mention the finishing of the site. Thanks everyone.

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thank you everyone,  as I am not the president of our community (just a very concerned owner!!)  I cannot make any moves,  however, I want to be in possession of facts  so that when an EGM is called, I can ask qustionss to which I know they should have answers.  Again, if there is anyone who is willing to recommend their administrators ( in the middle mar  menor area -San Javier, etc) please send me a pm. 

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