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Soy... una mujer

Sobre mi... Born in 1973. JD ( Seville) and MA ( Navarre). US 2000-2001. Married to an artist, two children: Teresa y Jacobo

Vivo en... Algeciras (Cadiz)

Me gusta... Philosophy, friends, nature.

Trabajo de... Lawyer

Mi firma en el foro es...

Maria L. de Castro, JD, MA


Director www.costaluzlawyers.es

El blog de Maria

mariadecastro's latest forum comments

04 Sep 2019 15:31:

Administrator is the manager of the data. For the sake of adminitering them he needs to submitt to both Horizontal Property Act and Data Protection Act, being the legitimate interests of the owners, as per Horizontal Property Act which needs to guide the right treatment of Data.

For this sake, a President request to the Administrator in order to fulfill an obligation in relation to Community of Owners interests is prevalent and Data Protection reasons cannot be used illegitimately/ illegally to block this.

For the sake of clearity an avoiding future problems, Community-Administrator ( as manager of data) relationship need to be in written, a contract needs to be signed.

Of course Administrator needs to provide data to president if that is necessary for calling a meeting as it is the President who is in charge of calling these meetings ( either ordinary or extraordinary ones).

Thread: Change in Administator -AGM or EGM

03 Sep 2019 10:49:

Are these increased costs related to new projects also being applied to the Banks who have repossessed properties? As far as they are known owners by the Community, they are. If they are not, as we have commented in other posts, it would be necessary for the community to take the necessary legal measures of them to meet their requirements.

Are potential purchasers of these properties being forewarned of these existing and ongoing costs by conveyancing lawyers as part of their due diligences, I guess they are, I cannot know. and are past debts of this specific nature relating to new projects able to be recouped from the Banks at point of sale, or would these backdated costs be exempted in some way and passed on to the new owners? Buyers are liable of community of owners quotas of year of acquisition and three previous years.

Is the failure of Administrators to ensure that all owners are contacted by email an attempt to silence owners from expressing their legal right to object? I am sorry but cannot understand this question. Could you please reformulate it?

Thread: Change in Administator -AGM or EGM

03 Sep 2019 10:38:

Hi Maria

In regards to installation of a Future Mains Water Supply ,instead of Well Water (Hydralia may have the funds in 3 year's time to go ahead with this project) , the Quotas for this Urbanisation were increased by 25%(already approved in this year's AGM) for the last 6 Months of this year. I believe these quotas will be increases by another 25% in January 2020 for this same project. Is this Legal to apply these increases for this project.

If they prove the project needs those funds and it is necessary for  the proper maintenance and fulfillment of the duty of conservation of the property and its common services and facilities, including in any case, those necessary to satisfy the basic requirements of security, habitability and universal accessibility, as well as the conditions of ornament and any other derived from the imposition, by the Administration, of the legal duty of conservation, ( art 10.1.a) they can even without previous agreement of the Owners in a Meeting. 

Can an Adminstrator withhold  access of  Owner Contact Details ie Email Addressess from an Urbanisation's President. This infromation is required to obtain sufficent votes for the future  change of the Admintrator as most of the Owners live overseas and don't visit  their properties very often. If that is necessary for the calling to an Extraordinary meeting by the 25% of owners, yes, data needs to be transfered just to these effect.

Thank You

Thread: Change in Administator -AGM or EGM

02 Sep 2019 14:11:

-Associated ongoing costs relating to registering on the land registry in order to achieve ownership rights What do you specifically refer to?

-and the need to receive full details of the said property,Of course.

-plus they need to be fully advised of the risks and costs relating to community maintenance what risks do you specifically mean?  

-and potential restrictions to future rental opportunities according to community law, Of course by their lawyer.

All of this forms part of their due diligences doesn’t it? Conveyancing lawyer needs to vertify that both the transaction and the future enjoyment of the property are safe, yes, of course.   To encourage purchase/ ownership without providing full knowledge of the facts would be irresponsible would it not?

Thread: What Spanish Banks should offer every UK mortgage holder ( 2 x 1)

02 Sep 2019 12:13:

In many ocassions Banks are at present willing to offer  distressed properties ( those whose mortgages cannot be paid by current owners) to buyers by less than the principal amount of the mortgage on their properties. In some ocassions for much less.

Off loading estate is a hard and important task at present, for which they are not prepared, have no staff and which brings lots of costs to banks.... some of them, as you well said, are maintenance costs they are not meeting.

If they are willing to delete the initial mortgage debt by settlement --- repossessing these properties is costful, difficult and they are limited in the value they can give to them--- and sell the property to a third party for less than the attached debt....why not to incentive current owners this other way?

Thread: What Spanish Banks should offer every UK mortgage holder ( 2 x 1)


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