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16 Dec 2009 00:00 by vivi Star rating in Co. Wicklow Ireland. 78 posts Send private message

Hi Maria,

Just wondering if you can give us any advice on the following:

We are in Phase 3 of an unfinished development - Phase 4 is being built but Phase 5, along with our promised commercial centre and 5* Hotel are "on hold" indefinitely.  Each completed phase has it's own Community set up to manage maintenance and finances of the particular phase. At the initial meeting to set up our phase community, we were informed by our Administrator (appointed by the builder) , that an "Entidad" for the entire development would be set up when all of the development was complete.

However, we have now been told by our Administrator that the "Urban Conservation Entity" will be set up next week. A meeting has been called for Mon 21st December to form the entidad and approve a budget.  

We have 2 concerns :

1 - That we are being forced into forming the entidad BEFORE completion of the development. It seems to us that the builder is just off-loading the maintenence costs of the unfinished areas onto the residents. It is bad enought that we all paid premium prices for a 5* resort with a hotel, commercial centre etc. that has not been delivered - but now we have to pay extra maintenance costs for the unfinished areas?Can the builder force us to form the entity before completion of the development?

2 - The meeting to form the entity, and approve the budget, has been called for Christmas week!!!!! A cynical mind might think that a deliberate ploy on behalf of the builder to minimise the amount of residents attending! Many overseas owners, including myself, would find it impossible to attend a meeting that week...it's extremely inconvenient, not to mention very costly.  Our administrator has given us 2 weeks notice, as required, but the timing of the meeting is ridiculous! We have asked the administrator to defer the meeting til mid / end January to allow owners to attend the meeting, but they say they cannot defer because the builder will stop paying his share of services etc. on 31st Dec, and therefore services will be affected. Is there any way we can force them to defer the meeting?

Any advice you can give us would be much appreciated.

Regards, Viv

 

 



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 Viv   



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16 Dec 2009 16:29 by mariadecastro Star rating in Algeciras (Cadiz). 9302 posts Send private message

Legal Questions? Speak to Maria Direct

The only solution that comes to my mind is to vote negatively on the formation of the Entidad



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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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17 Dec 2009 00:33 by vivi Star rating in Co. Wicklow Ireland. 78 posts Send private message

Thanks for that Maria.

If we manage to prevent  the formation of the entity, is the builder obliged to continue to maintain the unfinished areas? or can they just refuse to maintain it? 

Thanks again for your help.

Viv



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17 Dec 2009 09:15 by mariadecastro Star rating in Algeciras (Cadiz). 9302 posts Send private message

Legal Questions? Speak to Maria Direct

I need to look into the specific details of your case and concult with the planning specialist.

Best,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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17 Dec 2009 09:36 by spanishsolicitor Star rating in Murcia. 140 posts Send private message

spanishsolicitor´s avatar

 

Section 25 (3) of the Royal Decree 3288/1978 - which sets forth the regulations of urban conservation entities among others types of urban entities provides:
 
(3) It shall be compulsory the creation of an urban conservation entity provided that the upkeep duty of the development works falls upon the owners of an estate or planning zone by virtue of the provisions of a urban plan or the bases of an urban program or if it results expressly from the law
In such cases membership in the conservation entity will be compulsory for all owners included in its territorial range
 
You should check what urban plan affects your community and if it is envisaged the constitution of this entity. The formation of those entities is also provided by the Master Deed of your community


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17 Dec 2009 09:59 by mariadecastro Star rating in Algeciras (Cadiz). 9302 posts Send private message

Legal Questions? Speak to Maria Direct

Thanks spanish solicitor for the clarification, so it seems that the forming of the Entidad is compulsory?



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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17 Dec 2009 10:11 by spanishsolicitor Star rating in Murcia. 140 posts Send private message

spanishsolicitor´s avatar

I'm afraid it is. Usually, this is envisaged in the Master Deed of the Community. The problem is that nobody checks this document before buy a property in a community, then the surprise comes later. But, not always is bad to live in a community within a urban entity. What it is important now is to get ASAP a translation of the Articles (estatutos) of this entity and check if they are registered in the special registry of this entities



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17 Dec 2009 11:21 by mariadecastro Star rating in Algeciras (Cadiz). 9302 posts Send private message

Legal Questions? Speak to Maria Direct

Thanks a lot for your great contribution.

Best,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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17 Dec 2009 16:46 by vivi Star rating in Co. Wicklow Ireland. 78 posts Send private message

Thanks Maria and Spanish Solicitor for your help. I will check into it.

Regards, Viv



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