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Well Sping
There is one easy way of resolving the issue. Those who have constructed the various builds could simply return their properties to the original condition. End of dispute. Community back to staus quo. !!!
But will they... NO !
You fail to understand the Laws within Spain. It is not simply an issue of Planning permissions or Building Licences. These properties are in breach of both the Urban Law and the Horizontal Property Laws. Who are we as visitors to this country to go around ignoring the Law of the Land, even under the pretence that we did not know!
You are quite right in that various works undertaken within the community by owners may not have building licences, but are they in breach of the Urban Law and Horizontal Property Laws....No Who are we to speculate on who has and who has not obtained a building licence for their patio, garden tiles or casita
As the Legal report clearly states, the issue of building licences and urban/horizontal property law are very seperate issues.
You make a point that this will cost the community a lot of money. Well the opinion of the Lawyer is clear. The community have a good case. If that is the case then we will be able to claim our costs back from the other parties on success. Its a balanced decision that we must take.
You also make a point about the community being permanently split. Do you not think that if people were allowed to have opinions without being bullied by individuals within the community it would in fact be a better place. With the number of owners within the community we are never all going to agree on every topic.
If individuals are that concerned about the community, then they should stop intimidating owners to vote in a certain way. Let us all make up our own minds. If the outcome of the AGM goes against the way I personaly wish to vote, then so be it, the Community have made a decision which I will accept.
I suggest that others do the same. Whatever the outcome of any vote, lets take this as the opportunity to accept the decision and move on instead of this continual bickering and back stabbing.
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I’m afraid that technically those properties that have extended the footprint of their property, as in extensions to the patios and those who have altered the look of their property by moving stairways and replacing gates, are possibly in breach of the laws according to the information in the report.
As to the costs and the possibility of a successful action, the report clearly states, “it is not possible to make a recommendation whether to start or not legal actions.” And also the report starts off by saying, “the report aim is merely theoretical.”
If the authors of the report will not or can not be confident enough to give any guidance or hope of a successful outcome, then it is very likely that the case will not have the outcome some expect and therefore the full costs, with compensation etc. will have to be paid by the community.
I partially agree with your point regarding the split in the community, but who is bullying who?
Isn’t it good to have these debates and air our feelings. I hope lots of the resident read these posts and get involved in the discussions, but time is short and we all have to vote soon.
I would still like to see this handled by the Town Hall, without prejudice and with total impartiality.
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Freddy and Sping, you guys expend significant energy on your PC's "debating" this issue and complaining about the splits in the community. Are you so blind that you cant see that the splits are being exacerbated by you two. 95% of the community get on very well and love being here. Those that really care talk openly and try to resolve these issues face to face and do not resort to long range tactics or politics. I dont recall seeing any of you at any meeting where adults discuss and try to resolve their issues.
Dont try to tar the whole community with your sad and petty agendas, we are all fed up with it. This issue is about 6 or seven people who dont have a life. Leave us out of it. Or atr least have some balls and speak in public,
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Hi Sonny 2, Isn’t it sad that you live in the past. These days’ people and industry use computers to communicate and debate issues.
I have no problems to talk to anyone face to face if that were possible or to speak in public, but unfortunately I can’t be at the meetings, restricted by work commitments.
I agree with you that this has gone on too long but all I’m doing is answering the posts that have been made on this site. It’s good to talk and debate issues and to hear other peoples views and so far it’s been civilised, I think you’re the first who has started to sling the muck, but if that’s your thing well have fun!
Words cannot harm anyone and if you disagree with a point of view then just say so, but no need to start getting upset. So vote as you like, I have made my point, as to the community and the spit well only time will tell and I hope your right and we all get back to enjoying our investments!
Have a nice day and hope to talk to you face to face when we are over next.
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Hi Sping
Sad thing is, we actually agree. I dont want my money being spent to prosecute my neighbours. I believe its the authorities job to follow this up but they are apathetic.
Furthermore I will not support those that make this action a personal mission.
One thing that needs to be said though is this. Those that had extensions without permission caused all this and whilst I disagree with those that make it personal (and I have seen some nasty actions and comments from both sides which frankly sicken me given that we are talking about adults) it remains the fact that in doing what they did they should not be suprised by the consequence and they should stop acting as if they are being persecuted. Those that are against the illegal builds have every right to feel that way and should not be told they are wrong.
I guess you will be here for the AGM so I will be very happy to hear your balanced views aired to the community.
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Hi Sonny 2, unfortunately I will not be able to attend the meeting, but I will contact Neil and propose some possible solutions that might be workable.
Everyone who has read these posts now knows my views on the matter and hopefully I have answered all the questions people have asked. So now I am going to weight for the results of the vote.
Thank you to those who have made comments and got involved in this debate as I respect your views even if they are not the same as mine.
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Hi everyone,
For those of you who have been following this thread here is the latest;
The community came up trumps at the AGM and voted to cease legal action against those property owners that have constructed both over and underbuilds within their properties.
On the weekend following the AGM, the community held a community day; everyone had a great time and everyone I spoke to said the day had been a great success.
We have just got back from a two week visit to Playa Golf, and the atmosphere has greatly improved and we had a great time, even though I got totally thrashed at boules by Freddy.
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Once people realised the true facts it was pretty obvious what they outcome was going to be...Anyway that is water under the bridge now as the community day was a resounding success and helped to cement friendships once again...Thanks to the guys who work their butts off to make the party go with a swing and the ladies who did a superb catering job....Neil, would it be too much to ask to repeat it next year ?
i11.photobucket.com/albums/a188/olldtimer1/pp.jpg
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This message was last edited by freddy on 11/09/2009.
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Well, well, well Sping we too are just back from Playa Golf 3 and you must have been wearing rose tinted glasses as you seem to have missed the mound of sand and the workmen at No 54 who are in the process of constructing another illegal underbuild.
I understand that at the AGM he was told that he could build a casita to higher than the normal height but not an underbuild because it would be illegal? Just a few days later builders arrived and got started on the underbuild despite numerous requests to cease from our President.
Total contempt for President and Community in other words just "do whatever you like" because no action will be taken against you. If this is "coming up trumps" then I think I must have been dealt a bummer of a hand.
I also take issue with your view that the atmosphere had greatly improved because from events which occurred during our stay I can state categorically that is not the case.
Glad to hear the Community day was such a success. Do you have any more photos Freddy?
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Like Ravenhill, we find that the only people who think the atmosphere on R3 has improved are those who won the vote not to prosecute the illegal builds. For the rest of us it seems, if anything, to have got worse. A once pleasant, residential community has degenerated into an "anything goes" holiday complex. Last week alone there was one party going on until 5.0 clock in the morning and, on another occasion, one that was still going on at 7.30 am. Long term residents are moving out and the whole place is turning into the R3 holiday resort. Although we voted for legal action, once the results were declared we decided to take it on the chin in the hope that those who had got their way would be magnanimous in victory and we could get back to some semblance of a community. Unfortunately, we have not seen any evidence that the campaign of intimidation is going to end any time soon. At the community day it was obvious that certain people did not want to mix with the rest of us and, even when we approached them in the spirit of reconcilliation, were made to feel that we were not wanted. Since then, other incidents have occured that reinforce this view. It is very sad, but we cannot see that there is any way back from what has become a huge void between the two camps. If anyone has any sensible suggestions as to how to move forward we would be delighted to hear them.
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Hi, I don't usually write anything on these forums but after reading a couple of the posts I felt the need to. "Silent Majority" you have complained about people using Paya Golf 3 as ' a holiday complex'....what the hell's wrong with that???...I would think that most people who bought over there use it as that...and good on them!!..If someone only gets a couple of weeks off work a year then let them come over and enjoy themselves....who cares if they sit out till 5.30...it's not like this happens every night, and it's good to see people enjoying using their properties....If you didn't want to live on a 'holiday complex' you should have thought more carefully when buying your place...prehaps a deserted place in the hills would have been more appropriate....there's less chance of seeing anyone enjoying themselves out there!!
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Silent majority, How sad to think that you are isolated on an urbanisation where only 9 of the 108 properties are occupied by 'residents' and where the odd party by a 'non' resident lowers the tone .
How sad to think that a Spanish born gentleman in his twilight years, who wants nothing more than to improve his house has to be subject to intimidation from imported bigots !!
How sad !!......Really sad !
This message was last edited by essexgal on 15/09/2009.
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