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12 Dec 2017 17:13:

Good question Briando and thank you Maria.

Also Maria you observed "In regards to installation of utilities, it fully depends on agreement between buyer and developer".

Is it not a standard requirement for developers to make provision and installation of utilities in Spain prior to purchase? I thought the architect had to sign this off as part of his due diligence for the units on the  development?

Does this therefore also become part of the standard due diligence of conveyancing lawyer to ensure this is done prior to purchase? 

Without provision and installation of utilities the property is in effect incomplete and not habitable is it not? Shouldn't this be a mandatory provision for any purchase contract, otherwise it becomes yet another loophole for developers to exploit?


This message was last edited by ads on 12/12/2017.


This message was last edited by ads on 12/12/2017.
Thread: San Jose into liquidation.

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08 Dec 2017 16:18:

Maria,

This is a sensitive question but If there is no habitation licence in place for units, does this legally exempt owners in those units from having to pay community fees, or do their legal obligations to contribute to the community still stand regardless of issuance of habitation licence?

Also when you purchase a property doesn't the amount you pay cover the cost of installation and provision of utilities (not to be confused with individual service connection charge) irrespective of issuing a habitation licence? So in effect are these owners paying twice for the installation and provision of utilities that should have been paid for by the developer?

Does this therefore make any Bank who took over the debts and obligations of the developer in the event of insolvency liable for any outstanding provision and installation of utilities?

 

 

 

 


This message was last edited by ads on 08/12/2017.
Thread: San Jose into liquidation.

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08 Dec 2017 14:24:

Poedoe,

A few questions.....

Is this building to house the transformer already built, and how has it come under the ownership of the vacant property? If already built isn't it already deemed part of the community?

Have the Spanish owners of the empty building without any sold apartments (are these owners now Bank(s) by the way?) that you refer to, paid anything towards the Community to date? Are they owing Community fees, or does a building with empty unsold apartments exempt them from contributing in some way?

Might any outstanding fees owed be a financial route to cover extra costs associated with this installation, or even contribute towards the cost of transformer?

Just a few thoughts!

 



Thread: San Jose into liquidation.

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05 Dec 2017 19:41:

Agreed Maria but....

Extra resources are desperately needed (financial, technological) for the effective administration of courts and judiciary, to better ensure timely enforcements and consistent rulings in line with the most recent case law, together with better reporting and monitoring systems.

A wish list, yes, but so essential to the effective functioning of the justice system.

Sadly this last decade has let down all too many citizens who have been exposed to these shortfalls, and although progress is being made in terms of support for Ley 57/68, which of course is welcome (and you are justifiably proud), this has been compromised all too frequently by under resourcing which directly impacts (still) timely case law and SC clarification.

 


This message was last edited by ads on 05/12/2017.
Thread: Innocent Brits to be evicted from their homes.

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05 Dec 2017 16:31:

I do understand how Ley57/68 should act as protection Maria given the current situation that requires immediate resolution.

But going forward how do you resolve the loopholes that are the vehicle through which these awful and significant circumstances arose in the first place?

Is there not a need to have far more effective regulatory structures in place with mandatory controls  (and where applicable, adequate disincentivies in the form of fines)  to curtail such manipulative behaviour from the outset, that does such harm to innocent citizens?



Thread: Innocent Brits to be evicted from their homes.

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