01 Apr 2008 12:00 AM:

Have just come back from a week staying in an apartment at Nueva Ribera. Phase one appears to be being maintained to a reasonable standard,  pool clean and areas well lit at night, but lifts not working(and apparently never have).Phase two on which we are buying still standing empty but at least all the weeds and overgrowth which was there in mid january has been cleared and it looks as if grass has been sown around the pool area.

Still no sign of habitation certificates, and One Properties could tell us nothing.Grapevine tells us that  there may now be some sort of public right of way through the development so if that it correct it is far from the secure  private gated community, we had expected !!. Our lawyer is remarkably silent and we have e mailed her again for urgent report on status of the development.It is now 21 months since  the contractual completion date and we still have no end in sight.What a total and utter debacle !!

 

Martin

Community thread: Financial Advice for Ex-Pats

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13 Jan 2008 12:00 AM:

Just an update on the continuing saga !

We have just returned from Spain and were able to meet Romy from One Properties, and gain access to  view our apartment .We were surprised to discover that is appeared to be fully finished with all white goods installed in the kitchen, light fittings  showere scren etc. All it appears to need is a clean and a final "sparkle" to make it ready for occupation- though I was now able to  test services such as electricity etc.The surrounding landscaping is neglected and weedy, and is clearly not being maintained.We were surprised to see the large pool area fully finished (and filled) and this will be most attractive when the landscaping is tidied up. We looked round phase 1 which is being maintained to a good standard, and also looked at Phase 1 underground car parking which surprised us  for being fully painted and well lit (rather than  dark and unfinished), so if Phase 2 is done the same way we will be happy.The storerooms for each apartment are breeze block built with steel doors so seem very secure.

Romy could not tell us when habitation certificates will be obtained, but at a meeting  we had with our lawyer  she indicated the Town Hall were keen to see the matter resolved  and may be prepared to  reach  a compromise to assist matters and hopefully the  developer will be submitting revised plans for the remainder of the development in order to  satisfy the Town Hall so that the total permitted square footage of the development will not be exceeded   despite the Phase 1 and Phase 2 top floors having been built larger than was permitted  by the plannin permission. 

Our lawyer has been asked to contact the Town Hall to check what is a happening and keep us informed of developments.Any further news and I will post a report, but  we came away slightly less despressed than we had been  on the basis that the devlopment is in a good location , and when (ok , if ,) finished should be beautiful and unique being beach side as opposed to the myriad of golf developments in the area.The two hotels  ( the 4 *  525, and  3* Costa  Narejos) which have opened since we were last over there in October  06, are also  in Los Narejos so the focus of activity is likely to be "our " end of town.

If anyone else has news  please share it.

Martin

Community thread: Mexican package and white goods for sale

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14 Nov 2007 9:59 PM:

I`ve read the messages posted and as expected we are not alone in our concerns and frustrations on this development.  Our  initial excitement with the planned development has turned to a constant worry and , we still have no idea when or if we will take possession, or indeed whether we will lose the payments we have made. We exchanged contracts on our Apt in phase 2 in October 04, and when the Apt wasn`t ready  as planned in June 06, (there having been no activity on site for months), gave notice to terminate which was rejected by the developer on the ground that the delay  had been  caused by judicial intervention because of some alleged link to problems at Marbella  Town Hall !-- but that  the developer was an innocent party.(it maintained). Our agent has  told us that because the developer  exceeded its permitted square footage on phase one by creating rooms out of what should have been open terraces, the planning permission is illegal and the Town Hall won`t issue Habitation Certificates for phase  2 as a result( but the developer could rectify the position by submitting amended plans reducing the floor area of other phases so that the total area as permitted by the original permission is not exceeded.So far as I know the developer has done nothing to try and remedy the problem- but we have asked our Lawyer (Teresa Morenilla  of Multiservice Bureau based at La Manga Club) to find out what she can -  Is anyone else using this lawyer and is anyone else considering taking legal action against the developer.

She has suggested we issue proceedings for the delay but is talking of substantial costs so we are reluctant to embark on such a course especially since she is unable to say whether we are likely to be successful ,and of course  if we lose we pay the developers costs as well !

In frustration we also have been considering instructing another lawyer(a firm of English solicitors in London who specialise in foreign property )but again do not relish the additional costs.

We would welcome any advice/information/ pooling of knowledge on this mess , which sems to be a regular occurrence in Spain,

We have not seen the Development since October last year but will be going out again just after Christmas for a few days so we will then hopefully see what if any progress has been made. 

Martin B.

Community thread: Garrucha fun fair

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