Is 4 years a long enough period for court case to be dealt with? or is it not?

 

HI Phil

Where did you upload a copy of your plans from?

Regards

Phil

 

Hi Tim

You may be able to get some quick advise from the general forum on EOS as there is a lawyer on the forum that regally contributes to EOS and I think is on line most of the time? Her name is Maria  de Castro her user name on EOS is mariadecastro you can look at some of her posts by searching her user name in the general forum, she has also posted articles on the forum on legal issues. If you find one of her posts on the general forum you could ask her a question from there or send her a private message. People on the general forum regularly ask her questions.

Hope this helps

Let us know how you go on.

Phil

This message was last edited by PGM on 7/30/2008.

Phil(PGM)

What I meant was that I've uploaded a copy of my plans into the Photos section of the forum.  This is a snap shot of the pdf doc that customer service sent me yesterday in response to my query regarding the placement of the pergola.

Phil

 

Hi Phil (ptan)

Thanks for that, now I understand.

Phil (PGM)

Hi all,

We went to snag our apartment in Jardin 5 today and didn't find the change in the pergola position such a problem.  In our apartment, half of the sun terrace had a high wall and the other half was smaller with the wooden beam accross where we can see out over the swimming pool.  Another benefit for us is that from the back, we will have clear golf course views for a while until they decide what they are doing with the land behind our apartments.

Polaris are currently looking for us an alternative apartment but our present apartment is in such a good position, we will have to think seriously whether a change is going to be worth it. 

Really annoyed at Polaris for making the change in the first place though without informing us.

Good Luck Tim!

MIke and Dawn, glad the position of the Pergola is a little less of an issue than you thought. I suppose using a screen/curtains would give some additional privacy if theres a problem down the line with any further building or if the view is an issue. Would a move to another apartment have additional costs- which seem unfair if there were?

just looked and our apartment is right had with drawing of pergola at back and also type 

viv

sorry, that shoud be type A

Hi PGM,
              have just had another look at the plans and found that ist says A so not sure where the pergola will be,  has anyone else any idea.

Ruth and Peter & Krystal
Jardines 9  Appt 1024

Hi Ruth & Peter & Krystal,

We are in ap952 which is opposite you in garden 9. I have just posted a photo dated 17 July 08 which shows the apartments opposite us from our roof. 
I think, looking at the plan of the garden and counting across from the left, your apartment is the eighth one across which you can just see on the very right edge of the picture. If this is correct then yours is on the back.

Hope this helps.

Thanks to everyone for their feedback on this.

I have contacted another english lawyer in Spain who believes there is a good case for a negotiated settlement and that a group action would be a way of mitigating the costs involved - don´t know what they are likely to be yet.  Anyone interested in taking this further, please let me know via this thread or by PM.

Michaelhardy, you say that PW are looking for an alternative apartment for you - I assume this is because you are not happy with the change (although it sounds like you have a better view from the back than us!).  Who did you speak to at PW to get them to do this?  I know you haven´t completed yet but if they can do it for you they should be able to do it for me.  Would you be able to tell me your plot number by PM and would you be happy for me to use you as a reference when I next contact PW? I understand if you prefer not to.

Thanks again

Regards
Tim

 

Hi Ruthless

In your contract your apartment plan should show your roof solarium and the location of the pergola shown on it with red lines. When you have seen on your plan where it should be, phone or email customer services and ask them to confirm your pergola is in this position. I did this it took them 24 hours to email me back with confirmation.

Regards

Phil

HI,

We're in Los Naranjos Jardin 8 - due for completion 22 Sept - 17 Oct. Big shock as we expected July 09 and then this was revised to Jan 09. Just got new dates. Been on forum through Mortgage thread to relay concern. Thanks to Phil (PGM) for discussion. Looking at our plan, Pergola shown at back - we are in Type B - end apartment right hand side.

Paul

 

Hi Paul & Jane

Glad to have been helpful, we are also on Los Naranjos Jardin 8 and we have been given similar completion date to yourselves, so we will both be experiencing the dream.

Regards

Phil & Ann

Sounds good Phil. Look forward to meeting up at some point.

Regards,

Paul

We visited the customer service office at PW yesterday to push our case further on this but, as before, their attitude is simply that as we have completed there is nothing they can do!

They did let slip that they have had lots of other clients contact them about the change of roof layout and that they are looking for alternative apartments for those who have not yet completed.  However, any change of apartment would be at the discretion of the PW management, so look out for that!

Anyone else completed and looking to pursue this problem further please let me know - I would be glad to offer any help I can.

Regards
Tim

 

Hi All

Re: moved pergola 2 bed roof solarium as raised by TimA

When Tim first raised the issue on the forum I emails PW to ask for confirmation that our Pergola is at the front of our apartment and over looking the pool as shown in my contract plan. PW Customer Services emailed me back confirming my pergola is at the front of my property as shown on my contract plan.

I have just received my valuation survey, which includes some pictures of my property and from what I can see my pergola is in fact at the back of my property and overlooking the car park. I have emailed PW to ask again for confirmation

I was just wondering of those of you that have been affected by this what action have you taken and what success you have had?

Regards

Phil

Phil, are you sure the picture is actually of your apartment? We have been sent a picture although this is from Polaris with the Hab Cert and we dont think its our apartment. I know this has happened to other people- its just a standard issue picture they send out  Obviously it sounds like you have more than one picture sothats more specific but just on the off chance.....

Is there anyone on site who would take a picture for you and email it over to you?

Phil,

I have replied to your PM.

Do you have contact with any of the independent property management people on site, maybe they could take a look for you?  Good luck with sorting it out.

Anyone else out there who maybe hasn't seen my original posting now finding this problem?  I would like to know if you have.

Regards
Tim

 

Hi Jan & Mike

No they are the pictures taken by the valuation surveyor and put in his valuation report. I am pretty sure they are of our apartment. I am so depressed about this as the solarium and its layout was one of the main reasons we chose this property, I no it may not seem that important an issue but the shine has gone, it just an apartment now.

Phil

This message was last edited by PGM on 9/5/2008.