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Great news for everyone but why do they still play silly games and should we be thanking the Administrator for resolving this or the Community Presidents, either way some has actioned something and should get Credit for it.
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Becuase they are trying to hold us all to ransom, that could have been 30,000 euros out of our account...........(if we had it)
Never mind trying to thank someone, the best course of action is no action! the book stops with SJ.
they will not walk away................El Pinet remains a viable site, there administrators would have closed the company by now if there wasn't light at the end of the tunnel.
They don't need our cash but they'll make life as difficult as possible for the residents & non residents until they hand over.
They have already established that the 'community' will pay the bills - big mistake!!
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What do you mean by 30,000 Euros out of OUR account...............(if we had it)? How much have you contributed? Not much by the tone of some of your rambling postings!
Do you mean the account of all those Resident and Non-Residents who have been making significant contributions since November 2008, to keep this site going, so there can be light at the end of the tunnel?
If we had all taken the same attitude everyone including you would have lost our considerable investments in El Pinet.
You might be able to afford to lose this many of us cant.
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I doubt anybody can afford to lose this investment, I certainly can't.
What you fail to understand is that despite all the hard work, effort and stress this whole issue has caused you (all of us), by submitting to SJ you have not made matters any better. (even though you may think so)
SJ have let us all down time after time, everything will be done when they want to do it and at their pace.
I fully appreciate the effort and spirit of trying to get things done, but we would have all been better employed using our combined funds to seek proper legal advice from the outset.
We all have the same risks, surely that should bring us all together, the problem seems to be that the minority are trying to lead (well force is probably a better word) the majority.
Who decided the community strategy.................................where is the mandate for our administrator..............................where are the resolutions.........where are the articles of associateion..................who is setting the rules........................where are the budgets....................
........and just for your information I've paid SJ (like everyone else) several hundred thousand euro for a completed property and site!
I won't be paying another cent until I get what I've paid for, and that is my advice to everyone else.
This message was last edited by Divineintervention on 26/02/2010.
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Hi all in the costa blanca news it said that san jose lost the contract for the Dolores development and golf course, because they could not raise the money for the bond they have to place with the town hall.The contract is now going to another developer. Pat.
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Portsmouth football club go into administration. The administator says 'his objective is to maximise income and minimise expenditure'.
Alarm bells ringing..on the role of an administrator..and who they are working for.
Not you nor me.
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San Jose's administrators are definitely looking out for SJ. That's their job to make sure SJ have very little expenditure.....hence the demands for the residents to pay for SJ's debts.
The Community administrator is not the same thing and I think people are getting mixed up. He just follows the instructions of the so called community leaders. They are calling the shots over setting up community fees. Mediterraneo is just acting on their behalf. Still not a legal demand.
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profe,
I agree totally but SJ administrators are also tasked with maximising revenues, and the best way they can do that is to finish the site, they will then sell the unfinished properties and probably the commercial area in the middle of the site (thats worth a fortune)
its a waiting game.........obviously in the meantime if residents are daft enough to pay SJ's bills I don't think they'll mind that either
This message was last edited by Divineintervention on 02/03/2010.
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All:
I don't live in El Pinet, but my parents do [they have been there 5-6 years now] and I have visited several times. I spoke with my parents this evening [Thursday, March 4th] and they informed me that at a meeting with the Administrator earlier today, EP's residents will have their electricity and water permanently shut-off in the near future. You will know the reasons behind this better than I but, clearly, this is a critical development in the sorry saga that has been EP's development.
I have read these forums, other sources and, of course, conversed with my folks at great lengthy about your plight. It's easy for me to sit here - outside of Spain - in the peanut gallery and pass comment, but based on what I have seen/heared/learned over the past 5-6 years, I think that you are all screwed as, a) no-one knows what the hell is going on; b) it's every man for himself as individuals have taken their own legal advice, some of which appears to be contradictory; c) the committee's formation, purpose and whether it actually benefits EP residents is debatable; and, d) some folks appear to believe that the Administrator is working for the EP residents as opposed to San Jose [on this point I have never known an Administrator to represent creditors/injured parties - that is the job of lawyers so unless Administrator means something very different to other parts of the world, I would urge that EP's residents need to not trust the Admin, no matter what comes out of his mouth].
My take is that, somehow, all EP owners need to arm themselves with an independent legal team experienced in these matters and with the inner-workings of Elche's politics. Right now you are fighting amongst yourselves in an atmosphere of panic, distrust and fear. In addition - and I mean no disrespect when I say this - you are amateurs in these matters who have been led down the garden path by the council, San Jose, estate agents, et al [not your fault, I know]. In short, you need professional help and not the noble and vigorous efforts of well-meaning, but inexperienced, retirees/ex-pats. You have little experience in this area, are learning as you go and, therefore, will always be powerless to influence any decisions that are reached.
Again, I don't live there and I may well be talking absolute shite. However, I do know that no matter how well-intentioned and organized the EP community is, you will never succeed in taking on Elche council or SJ and it's enormous firepower. Without effective, experienced, politically-connected and independent legal counsel, you will not have a chance.
My apologies for being so negative and critical but I fear for my parents and all of you on EP. I wish all of you well and hope-against-hope that the myriad of issues which dog the EP development can be resolved.
Cheers,
Throstle
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Hi All,
This refers to a meeting with our Administrator not SJ. It appears we have received a bill from SJ's Administrators for 79,000 Euros which we obviously don't have. Do we know what this is for?
The Administrator is also having great difficulty in collecting the Community money from a growing number of Residents and Non-Residents who are refusing to make any contribution whatsover. Legal proceedings are likely in the near future.
Meetings are ongoing and our Administrator is still trying to negotiate. Apparently the Utility companies are open to the idea of installing meters before the site is finished but Elche council are refusing and won't budge. We should all receive e.mails shortly once they decide the best course of action.
If the utilities are permanently cut off what will happen if the site is deserted and abandoned? Can't bear to think about it.
This message was last edited by Vagabond on 05/03/2010.
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Hi all, like I have said previously someone needs to take the first step. The Admnistrator should point out the Stalemate situation to Elche Town Hall and facilitate to allow the Residents permission to contract with Electric and Water. Elche Town Hall are instructing SJ to finish the Lighting and Pavements to the Beach so there is every intention to get SJ to complete. The problem is the cost of Utilities and the lack of Residents and Non Residents prepared to pay the 60 Euros a month towards the Community Charge. Get the Meters installed and thosed defaulters get cut off, simple as that. What I don't want to see is is my 60 Euros going to pay for non paying Residents and Non Residents Utility cost's. My money should go to get the Pools open for Easter and maintaining them.
If the Administrator can identify who has paid and who has not paid why don't they appoint a Contrator to remove the Fuses and isolate the Water to those properties who have not paid a thing then we might see some action.
In the meantime the Stalemate will continue unless someone over there takes some positive action.
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I still find it incredible that we have people thinking the €60 'electricity' charge is FAIR. If it was fair and for community assets and maintenance, then people would pay. It becomes more and more evident that those paying are being mugged. Another 79000 now, come April maybe they will try and get another 100000. Sorry...but legal actions to get people to pay for someone elses electricity bill is madness. If the pot can start that, then there is more in it than we are being told.
To use an old phrase. It is time to be 'as one' stand up to them and say NO. WE NEED A CHURCHILL, but all we have is CHAMBERLAIN
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Hi All,
I would like to start by saying that the meeting held in January was illegal on several counts. It needed 25% to call the meeting. Notice needed to be given on this meeting so people could either attend in person or have someone on their behalf vote on things arising. Notes of the meeting should be made and anyone wanting to see them could. Who proposed and who seconded? I understand there was only a small number there.
It is possible if no one is satified with events arising from this EP meeting to get a court action to overturn appointment and voting.
That out of the way, I agree that we are fighting each other when we should be resolving issue like what the money should be spent on. Not to prop up SJ. Its easy to say we have had it free for the last Y years. SJ shouldn't have carried on with the build when the courts said stop. They shouldn't have take a cheque for part of the value and the rest in €500 notes off people.
I thought it was a good idea and still do to form a resident commitee, but please don't lets turn things into Animal Farm.
As I understand it, to get a habitation the work needs to be signed off. This is where SJ have us, money owing needs to be paid electric, water etc. Their architect will have to go around with the Elche council to see that all is as it should be.
Its said about those who have paid and those who not, but I will say that not all of the nationalities are paying.
Has anyone heard the amount is for April onward?
Also when the annual meeting is being held? This message was last edited by 9_Palms on 06/03/2010.
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Actio ex delicto
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Hi folks,
As a newbie here I have just caught up with all the postings below and I have also read the somewhat enlightening postings on the eyeonspain forum at - Spanish Lawyers/Builders supply of water and electricity. Being a newcomer I cannot attach the link, but inspectahomespain quotes the following:.
This is a grey area as legally even in administration, which means they are still trading, the receiver has a legal responsibility to agree the payments of the builder which has been happening for example at some of the San Jose developments where I understand that the services are still connected and being paid for
It is quite complex as some utility suppliers will not connect up services without a COH so there are other examples where the builder stops paying for the utilities and the owners are left without power or water
Recently in Orihuela Costa when this happened the town hall stepped in an provided generators as they agreed the delay in the cOH were their fault
The fact still stands that if a company is still trading they, or their agents, are legally required to provide utilities if there is no COH
Now, picking up on a very valid point made by Throstle, can I ask if anyone is interested in setting up an action group to get some legal advice over this? Briefly I would see it working something like this...
1. We canvas as many residents/non-residents as possible to see if they are interested in making a donation to an El Pinet legal fund, maybe €100 per person.
2. Once we have some funds we find a very reputable solicitor from the local area who knows their way around the corridors of power within Elche council.
3. We ask them to contact San Jose to question the legality of not providing us with free services until COH is finalised. We ask them to liaise with Elche and San Jose' administrators to get a realistic timeframe for the completion of ALL units and services.
Hence, with just a few solicitors’ letters we could get advice on most of our issues without getting involved in expensive court actions. At the end of the process we could either return the balance of the money to donors, or donate it to a local charity. All invoices could be emailed to donors.
There would be NO remit to challenge the work of the CAM administrators and there would be NO remit to ask for guidance with internal arguments over community fees, etc. The process would only be in place to protect our interests against external agencies.
What do we stand to gain???
We would find out if San Jose’s actions are legal. We should get a detailed timeline for completion. We just might find that San Jose is indeed liable for all water and electricity costs up to COH.
What do we stand to lose???
Maybe €100, depending upon numbers.
If there is scope to proceed along this route then I would be willing to drive it forward.
Anyone interested?
Bob
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Hi All,
I agree with the comments made by the previous people. I would add that that some people are not paying (for one reason or another) the community charge.
We should find out we the next annual general meeting is and log this. In fact it should be sent to the chairman/s of the El Pinet community as a thing to be discussed. We need to see it on the agenda along with the other items.
By the way has anyone heard when the next meeting is? It needs to be done properly this time as someone will pick up on the legality of these secret meetings that are posted after the 30 day requirement.
We need also to have, for those who can not attend to give the a proxy vote.
Lets observe the law else the community will not be seen as credible body.
This message was last edited by 9_Palms on 13/03/2010.
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Actio ex delicto
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