20 Jun 2007 8:47 AM:

Normally the AGM & any EGM will be conducted in the language of the majority of owners. In practice this usually means English with a similtaneous translation into Spanish by an interpretor, provided by the Administrators.

Community thread: C2SKYMARBELLA HAVE NOW REOPENED AS "HILLTOP PROPERTY SERVICES"

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19 Jun 2007 10:23 AM:

Mostly developers contract out the work for gardening, cleaning, pool maintenance etc. This may be on a fixed contract basis and if the owners take over the control of the urbanization they may have to honor any contract that the developer has previously entered into. Normally this would be for a maximum of one year. The costs for these services provided must be budgeted and presented at the AGM for aproval. The owners can vote against an item in the budget  but can only win the day if they have the magic 51%. If there are cost items in the budget which are not fully explained, these should be challenged and the Administrators asked to clarify then. The charges for administration are fixed, in law, by the college of Administrators. The Administrators are in effect the accountants for the community and should be independant from the developer. They have a legal responsibility to ensure that the "law of horizontal living" is adhered to and that proper accounts are presented. The first AGM for a new community can be a bit of a "bun fight" especially if owners do not have prior knowledge of the budget and a clear understanding of the legal aspects in Spain.

Community thread: C2SKYMARBELLA HAVE NOW REOPENED AS "HILLTOP PROPERTY SERVICES"

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18 Jun 2007 12:39 PM:

It May help if I outline some of the costs associated with El Soto Phase 1 and the action that a new community can take to take control of its future.

The budget for a community has a fixed cost element and  variable costs. The community of owners can control these costs, once they are in a position of management. Before that they are at the mercy of the developer and his chosen administrators, who can, in effect, levy whatever costs they choose. In order to exercise total control of their fortunes, the owners must gain control of the administration of the urbanization. This can be achieved by 51% of the owners voting the developer out at the first AGM or a subsequent EGM. To be strictly constitutional the election of a president and an administrator should be an agenda item at the AGM. This change can be achieved through proxy as well as physical voting. The owners will need to have a president and an alternative administration in place at the time of execising this right. The developer will still have voting rights based on the number of unsold and non completed properties. So if 50% of the urbanization remains unsold or is in dispute, then the owners will not be able to take control. Past experience suggests that a community of owners is better keeping a developer on side, rather than threatening to sue at every corner. However there have been a couple of law suits against the developer on phase 1 el soto which have been successful on an individual basis.

Once the owners have control of the budget they can then decide how much to spend on items such as upkeeping the gardens, for example, but items such as pool cleaning are subject to health and safety regulations and would be difficult to reduce unless they were being seriously over charged in the first place.

The community charges per apartment are determined by the individual co-efficient. This being based on the size of the apartment, its terrace area and if , if relevant, the garden area. 

The average costs for a two bedroom apartment in El Soto Phase 1 are: Operational costs (gardens, lifts, water, electric, cleaning,pool and golf club contribution etc.) 230€ per month, plus contributions for repairs & improvements, security and the urbanistica of an additional 60€ per month. Therefore a total of approx 290€ per month. A three bedroom apartment is around 420€ per month.

For further info please contact me at: info@hilltopprops.net

Community thread: C2SKYMARBELLA HAVE NOW REOPENED AS "HILLTOP PROPERTY SERVICES"

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18 Jun 2007 12:34 PM:

It May help if I outline some of the costs associated with El Soto Phase 1 and the action that a new community can take to take control of its future.

The budget for a community has a fixed cost element and  variable costs. The community of owners can control these costs, once they are in a position of management. Before that they are at the mercy of the developer and his chosen administrators, who can, in effect, levy whatever costs they choose. In order to exercise total control of their fortunes, the owners must gain control of the administration of the urbanization. This can be achieved by 51% of the owners voting the developer out at the first AGM or a subsequent EGM. To be strictly constitutional the election of a president and an administrator should be an agenda item at the AGM. This change can be achieved through proxy as well as physical voting. The owners will need to have a president and an alternative administration in place at the time of execising this right. The developer will still have voting rights based on the number of unsold and non completed properties. So if 50% of the urbanization remains unsold or is in dispute, then the owners will not be able to take control. Past experience suggests that a community of owners is better keeping a developer on side, rather than threatening to sue at every corner. However there have been a couple of law suits against the developer on phase 1 el soto which have been successful on an individual basis.

Once the owners have control of the budget they can then decide how much to spend on items such as upkeeping the gardens, for example, but items such as pool cleaning are subject to health and safety regulations and would be difficult to reduce unless they were being seriously over charged in the first place.

The community charges per apartment are determined by the individual co-efficient. This being based on the size of the apartment, its terrace area and if , if relevant, the garden area. 

The average costs for a two bedroom apartment in El Soto Phase 1 are: Operational costs (gardens, lifts, water, electric, cleaning,pool and golf club contribution etc.) 230€ per month, plus contributions for repairs & improvements, security and the urbanistica of an additional 60€ per month. Therefore a total of approx 290€ per month. A three bedroom apartment is around 420€ per month.

For further info please contact me at: info@hilltopprops.net

Community thread: C2SKYMARBELLA HAVE NOW REOPENED AS "HILLTOP PROPERTY SERVICES!"

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18 Jun 2007 12:33 PM:

It May help if I outline some of the costs associated with El Soto Phase 1 and the action that a new community can take to take control of its future.

The budget for a community has a fixed cost element and  variable costs. The community of owners can control these costs, once they are in a position of management. Before that they are at the mercy of the developer and his chosen administrators, who can, in effect, levy whatever costs they choose. In order to exercise total control of their fortunes, the owners must gain control of the administration of the urbanization. This can be achieved by 51% of the owners voting the developer out at the first AGM or a subsequent EGM. To be strictly constitutional the election of a president and an administrator should be an agenda item at the AGM. This change can be achieved through proxy as well as physical voting. The owners will need to have a president and an alternative administration in place at the time of execising this right. The developer will still have voting rights based on the number of unsold and non completed properties. So if 50% of the urbanization remains unsold or is in dispute, then the owners will not be able to take control. Past experience suggests that a community of owners is better keeping a developer on side, rather than threatening to sue at every corner. However there have been a couple of law suits against the developer on phase 1 el soto which have been successful on an individual basis.

Once the owners have control of the budget they can then decide how much to spend on items such as upkeeping the gardens, for example, but items such as pool cleaning are subject to health and safety regulations and would be difficult to reduce unless they were being seriously over charged in the first place.

The community charges per apartment are determined by the individual co-efficient. This being based on the size of the apartment, its terrace area and if , if relevant, the garden area. 

The average costs for a two bedroom apartment in El Soto Phase 1 are: Operational costs (gardens, lifts, water, electric, cleaning,pool and golf club contribution etc.) 230€ per month, plus contributions for repairs & improvements, security and the urbanistica of an additional 60€ per month. Therefore a total of approx 290€ per month. A three bedroom apartment is around 420€ per month.

For further info please contact me at: info@hilltopprops.net

 

 

Community thread: 300 Euro Monthly Community Charge!

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