El Pinet

That's the problem. There is a lot of suspicion around the Legality of the EGM and the setting of the Charges and that is why people are refusing to pay. What we need is the Administrator to confirm what has been done is Legal and there will be Penaltys for those Non Payers. The Administrator needs to establish clear lines of communication either through this www, the El Pinet Blog or any other possible means to confirm what there role is and they are acting with the appropriate laws.

Until they do, there will still be suspicions around unfortunatley. I am coming out at Easter like quite a few Owners and will be funing if ny 60 Euros has not been used as it was intended ( for the good of the Community ) and the Pool/s are not Open and my Money has been used to pay more unearthed Utility Bills.

Whilst on this subject, if the Utility Charges are read each month then surely it can be quickly established that the charges applied to Residents and Non Resiednts is fair and reflective, if the Charges are not covered then Cut those off who haven't paid and increase the charges to everyone else. Assuming we are Legal of course !

Lets be BLUNT again. Your 60€ is not being used for the 'COMMUNITY'. As I have repeatedly said, the ONLY community items are some lighting and the communal stairways within the flats, and the pools.  They are linked to specific properties within the deeds. Effectively what the committee has said is that the utilities cost 30€ / m for users.

Electricity and water are NOT community items. I consider the non payers to be standing up for their rights. Any demand from the SJ lot will be filed in the usual place and I hope others do the same. When we get a properly approved plan, at a cost that is appropriate for what we are receiving then we will see people pay.  REMEMBER its the pool, maybe the letter boxes, not much else,  Your walls etc will be YOUR responsibility. The ornamental gardens will be council.

Hi Chef62,

Can you find out when you are out at Easter, what the charges are for March, April, May etc. Or are we going to pay this €60 from till ....   or not!

Can you also find out if and when the next annual meeting is going to be and if we can all attend or have a proxy vote.

I hope you have a nice time and the pool has been fixed where you are. Seeing as we are paying community charges.

Cheers

9_P

Hi All,

I  HAD  A  DREAM.......................NOW  ITS  A  NIGHTMARE...............................

Over the last couple of years I have been asked to pay this and to pay that with the promise of my C.O.H.On one occasion there was a threat from San Jose that if this demand for money was not paid then when the C.O.H issued non payers would not be conected to the services.

Well I have paid every penny asked of me and I have seen these promised dates come and go. The last date is March this year, There are now 17 days left to March and I think that this is also going to pass. 

This has been going on now for six years, I have holidayed on a building site, walked ankle deep in mud, had no water to wash or cook with, food go off in the freezer and sat in the dark. If I had booked this type of holiday from a tour operator I would have sued the pants off them but it would seem that because I bought a property in Spain I dont have any legal rights here. Yet on the other hand I am being threatened if I do not pay this money being demanded legal action with be taken against me.

I pay my SUMA on time, my non residents tax on time, yet the Spanish government and the local council have failed to help us with this situation.

Well I am now PI++ED OFF so I am not going to pay one more penny until I get this  CERTIFICATE IN MY HAND

Hi elpaso800,

I think you have summed up everything and I agree 100%. We are now being excluded from having a voice when decisions are made. There are meetings called by a small number of people then told we have to pay more. We haven't been told if we still have to carry on paying €60.

When is the next annual meeting?

Are we going to have the pools repaired?

Hi,

water and electrics cut off again at El Pinet.

Anyone got any ideas now???

Leomack

Well there you go.................. no services again

It would seem no matter how many bills are paid by us San Jose have us over a barrel.

This amounts to black mail

Under Spanish law San Jose must continue to supply the services until the properties are issued with the C.O.H.

Why Why Why are they getting away with this. Cant we issue a denouciation against them and get the law on our side

We have not broken any laws in buying a property in Spain, but it would seem that San Jose can BREAK THE LAW and we are letting them get away with it.

Dont you all think, that its not in San Jose's interest to finish the work at El Pinet whilst they have their hands in our pockets.

How much more money do we have to chuck at them, I dont have a bottomless pit where do I stand when I run out of money will I lose my property because I am seen as a way of financing a building program that I have already paid for.

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I ONLY HOPE THAT OTHER PEOPLE FROM AROUND THE WORLD WHO ARE THINKING OF BUYING A PROPERTY IN SPAIN ARE READING THESE THREADS AND SEE HOW WE ARE BEING TREATED AND CHOOSE ANOTHER CONTRY TO INVEST IN 

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I can't understand how last month the bill for services was 30,000 euros which San Jose 'kindly' lent the community and now they are talking about sums nearer 90,000 euros - even if the estate was fully occupied, with evryone owning thei own pool and air-con constantly running we would still be at a push to use anywhere near that amount of water or electrics - maybe the whole estate is plumbed into and paying for utilities for the whole of the Costa Blanca!!!

It beggars belief!!!!

has anyone got the email address of the administrators??????????

I would like to get in touch with them.

We are staggered that yet again the power and water are off. We have been paying our money every month even though we are only there a few weeks a year. We do not understand where these demands for thousands of Euros keep coming from?

Surely the solution is to seek urgent legal advice before the whole site becomes a wasteland. We all have so much money at stake here and we must move quickly.

Well done Leo, likewise, I sent an email to the Administrator this morning saying the same.

nice one - I know that last year when at the community meeting in la marina the committee did say that they would take legal action if san Jose did not keep there promises - I hope this last episode has spurred them on.

One of the issues mentioned was that under the terms of going under adminstration San Jose could just pay for the completion of the site not the utility bills - even taking that on board the community couldn't have used so much water and electrics - they must have connected us to the national grid.

I for one would happily put my hand in my pocket to contribute to legal fees to fight this. It would be preferable to forking out for utilities that I rarely use!!!

Anyone who has paid a deposit and not received their property should create a legal forum to get their money back - they have the precedent and san Jose would have to respond. 

Leo

Hi All,

I am advised by a resident that the power has at present only been cut off from the houses not the apartments and the water was apparently turned off for repair purposes as there was a serious leak down near the quads.

This information should have been relayed to owners immediately on the Community website. Why does it take so long?

Hi guys,

As I said below, I am happy to subscribe to (or drive) an effort to find the basic truth behind this fiasco.

Before we all continue to cast dispersions on our neighbours, or other parties, we need to know one simple truth - have San Jose acted within the law or have they acted illegally?  I am happy to pay hard cash towards finding the answer to this.

What is the point in asking ALL OF US to hire administrators to punish each other when it is quite probable that it is the builder who is breaching the law?

Bob

M4 No 3

 the trouble is will we ever get the truth from the Spanish legal system.

Are we just one of many and should we employ a British Solicitor who specialize is Spanish and European law.

Is the power and water still off?

Dear neighbours,

I recently had the following chat with Maria De Castro;

Hi Maria, can you please offer some advice here;

Down at El Pinet we are still awaiting site completion and COH.  You will be aware from threads below that the residents have decided to pay for their services (water and electricity) rather than challenge San Jose to pay them.

Last year a few residents called a meeting and formed an ad-hoc community.  At this meeting they decided to pay €70 towards services and €20 towards Community fees each month.  They also decided that non-residents (like myself) would pay €40 plus €20 per month regardless of how much time they spent in Spain.  Unsurprisingly there were many defaulters and so the committee opted to spend all of the services fees and then all of the community fees on their water and electricity bills.  This still left them in debt.

They have since discovered that their committee was illegal (too big) and dissolved it.  The same few residents (18 owners out of several hundred) called an EGM to elect 3 smaller committees comprising of roughly the same people.  They have now decided to change the community fee payments to €90 for residents and €60 for non-residents.  It is their intention to spend the community fees to pay for all their services.  They also appointed an Administrator who is threatening non-payers with legal action if they do not submit to their payment demands for the past year (when the committee was not even a legal  entity).

I am really concerned at the way this is developing as I am unable to visit my property very often due to ill-health.  I  have not been to Spain for almost 3 years yet I am now being told to pay over €500 for water and electricity which I have not used.  I understand my responsibility towards community fees and I have paid these in full, although I believe it is unfair that these have been spent on subsidising services for the residents.

Can this be fair?

Can you please advise me on where I will stand if I do not pay these fees.  I am now receiving official demands from the Administrator and I am extremely concerned that I will end up in a court which I cannot attend.

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I cannot see the legal standing of that  community to impose the payment of the fees to all owners as you  said it was formed by 18 members out of hundreds. Was there a written agreement? Can I see it?

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 Hi Maria,

Thanks,

disenchanted

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No legal at all.

M

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I have now taken formal legal advice.  I have been told to do nothing and not to sign for any recorded deliveries.  I hate to think who could be paying for any leagl proceedings which might follow.

disenchanted

for what its worth, I've just been told that the water and power are back on

apparantly yes but by all accounts they are going to cut it off again in a months time if money doesn't start coming in!!!

but whothe hell is calling the shots and they should not be getting at non - payers by punishing the residents.

its absolute bollocks and only affecting those who are out there.

Leo

Has anyone had any comments from the 3 Presidents of the Communities.

Like I have said before, we should appreciate them giving up their time to Voluinteer but we need some feedback from them through this or our own El Pinet Blog to establish what action they have planned and what the current Legal position is through the Administrator.

Hi Chef62

I agree with you, in that we need some feed back.

I have just checked the El Pinet notice board and it is two months out of date. I would have thought with everything that is going on at El Pinet it would have been updated more often.

We who are not there need more information if this was forthcoming then maybe the commitee would get more support from non residents. The only time the notice board is updated is when more money is being demanded from us. 

I get more information from these pages than I do from the notice board. WHY OH WHY

Last year I paid 120 euros as asked, into the San Jose bank account for the services, then I read that my community money has gone on the same thing

HAVE I PAID FOR THIS TWICE OVER............ AM I BEING RIPPED OFF................ I THINK SO.........NOT ANY MORE