Dear All,
Just a summary for those unable to attend the meeting - and some clarification for those who did!
It was good to see so many people attend, it certainly was an interesting evening! Though, despite our being given good news, I suspect that the one who most enjoyed the meeting might have been Antonio as he sat there watching us verbally attack each other. Hopefully, we have all cleared the air and can agree on the basics.
MEETING
This meeting was called by Antonio. As no one was sure what it was about, the committee contacted Jose Ramon (of the Administrators) and asked that he attend. Jose, who had not up until that time heard about the meeting, then called El Trampolin and discovered that it was about the entity and arranged that he spoke about the updated situation to ensure that what we were being told was accurate.
The Entity was signed off by the Mayor on 14/1/09. Last Friday (13th Feb) the final papers required were handed over by El Tr. and confirmation obtained that they had paid the necessary tax.
For the Entity to become official the articles of association have to be published and a period of around 20 days allowed for any objections to be registered. Publication should take place in the next 3/4 days and, assuming that no objections are raised (our Administrators do not expect any), then the transfer to an committee (to be elected) will be notarised and take place.
At that point the Entity has to be registered and obtain a CIF number (like a company registration number) and can then open a bank account and start looking after our development.
ENTITY
What is it? Why do we need to have one and what does it do for us? The entity is similar to a limited company in format and is run by an elected committee plus a representatives of the local council (to ensure that it performs in a correct and legal manner) and, I believe, one for the builder. It is there to look after the shared areas of the site - street lighting, waste collection, maintenance of sewage disposal equipment, street cleaning, green areas, children's play areas and so on. It does not, and can not, assist in individual disputes between owners and the builder.
We have to have one by law. Because of the recent huge growth of properties Spanish councils can choose whether to adopt a development totally or partially. In our case it is partially which means that they will accept responsibility for some parts of the infrastructure and leave us to mange the rest. The exact breakdown of responsibilities has to be finalised but it does mean that we have more choice as to where we spend our money and what on.
Can we choose whether to pay for the Entity or not? - No, the costs are calculated by size of property, and / or shared facilities and the total of the Entity's share of the costs of running the site are divided out accordingly to ensure fairness. The Administrators refer to this charging system as the 'co-efficient'.
This charge is exactly like the Community Charges we all paid in the UK - except it will be a lot less - we all have to pay it regardless of how long we are actually here during the year. If people do not pay the council, through the Spanish Tax Office can place an embargo on that person's property.
The good news is that such arrangements work to our advantage because we get to obtain competitive quotations and then select the suppliers of services and to ensure best value for money - in short its cheaper! PLEASE NOTE THIS COMMUNITY CHARGE DOES NOT INCLUDE YOUR PERSONAL WATER AND ELECTRICTY COSTS.
THE COMMITTEE
As you know, we had intended to hold election for the committee on 2/3/09 - the current members have been acting as a temporary one pending the transfer but as time wore on felt that many owners / residents wanted and were entitled to their say.
However, as we are now so close to the handover the administrators tell us that we should hold off on the election until the Entity is official. If we held the election now we would only have to do it all again once it is handed over. At the same time as the election you will be asked to approve a budget, prepared by the Administrators, will which detail where our money will be going.
So far I haven't received any nominations for new committee members - a lot of you out there surely have some ideas and the necessary enthusiasm - certainly, from the meeting there appeared to be lots of both- and so would be ideal for the job . O.K. there's nothing in it for you personally, but it is to help all of us achieve that dream of a home (whether -permanent or holiday) in sunny Spain that we all started off with!
If you would like to volunteer, or feel that someone you know should - get their agreement first - please come forward.
ELECTRICITY & WATER
Most of you will remember that when we started trying to take control of the Entity it was to prevent unfair charging by the builders. It was even suggested that we would be able to take over the supply of water and electricity ourselves. Sadly, that has not proved to be very likely. There have been cases - usually when a builder has gone bankrupt - where contracts have been agreed between Entities and Iberdrola but only where the Town hall has stepped in after considerable suffering on the part of the residents.
The correct procedure is for the properties to be given habitation certificates after which we can each arrange to be connected and billed direct and be charged only for the standing charge and what we actually use.
Legally no one should have been allowed to move in without the habitation certificates already being in place - though this law has been disregarded by both builders and authorities for many years.
However, since the collapse of the housing boom, the problems created by ignoring this law have become much more apparent. The builders are all short of the cash needed to fulfil their irresponsibility to supply the power and water. Hence, in our case, illegal charges being made under the guise of "community charges" - also illegal until the CIF number is granted.
I know that some of you are quite happy to pay and that others are vehemently opposed whilst yet others would be happy to pay a smaller sum. The reality is however, that like it or not, El Tr. has made it very clear that if we do not pay the amount they claim then we will be cut off. Therefore each of us has to make their own decision. As you might guess, by the fact that I am able to send this out, I have paid. It was one thing for just the two of us to "camp out" but with guests arriving it was a regrettable but necessary decision.
Whether we will be able to get any monies paid back after that time is dubious. You will recall that there was a suggestion of a group action in this respect, but frankly with responses received from only a third of the owners this would not seem to have sufficient support to be seriously considered.
We were told that the habitation certificates should be with us around the same time as the Entity so there is hopefully an end to the problem in sight
In the meantime, on a personal note, may I thank all those kind friends and neighbours, some of whom we had never even met (I wont name any of you for obvious reasons), who loaned us gas camping stoves and heaters, offered us generators, the use of washing machines, provided hot meals and so much more. Your support was really appreciated and please know that it will be reciprocated should you ever need us.
OTHER DISPUTES
Several people asked me about the mortgage situation in respect of Phase 2 (and indeed on some other house too). As already said, I'm afraid that the committee cannot help you here. However, we will all have read about the E.U.'s concern over these sort of abuses and the fact that Madrid is now having to look at resolving such issues.
I know that some owners have already contacted the MEP about their situation. My personal suggestion would be that those effected, who do not feel that they are getting anywhere, could form an action group to co- ordinate an appeal to through one MEP on behalf of the group.
I hope that all the above is of some help to those who asked for the information and do remember to make those nominations - I promise you that no member of the present committee would mind handing over the job to someone else if the election went that way!!
Best wishes to all.
Paul Leno