el valle murcia

houseclearou

I hear what you say, but would make two further points

1. The legal function of the AGM is purely to facilitate the smooth running ot the community of owners, including election of President, renewal or otherwise of gardening / maintenance contracts, etc. I would also say that any issue with what the developer has delivered in terms of the communal areas should also be dealt with. Individual owners snagging issues, complaints, issues with the developer, etc should not be part of the function of the AGM. And yes, the rights of owners, not the rights of non-owners.

2. I have come into contact here and elsewhere with lots of disgruntled owners or not-yet-owners who ask a lot of questions of other pro-active people but don't get off their butts and do something pro-active themselves, in the passive hope of benefiting from some one else's efforts. It is these people generally that I get fed up with. The pro-active ones just get on with what they want to do and help others where they can.

On a personal note, it's too stressful to be bitter and twisted, far healthier to put it in perspective and get on with life. You can't change the past so why not just get on with the future?

I'm bored with this topic now, so I'm not wasting any more precious time posting comments on this particular subject!!

This message was last edited by ef on 5/30/2007.

Agree with ef. Those who have not completed are free to fight over contract issues subject to their legal advise. Those of us who have completed can act as a community which can tackle the developer re completing the site to the Planning requirements. We can engage legal or other advisers and can direct work to be done using Community funds - gardens, etc.

Issues about sport centres. 7th pool and arguments over apartment size are pie in the sky and pursuing these after completion is a waste of time. The best advise I have read is not to get bitter and twisted but look at the huge potential of the site and give full support to the community to achieve the best site we can. Cant make PM2 AGM but will do what I can to help and support a positive plan for CDL.

Dear Jerry,

sorry to be a pain but can you please find time to elaborate for me.

1. "contract issues - Planning requirements - Issues about sport centres. 7th pool and arguments over apartment size"         -            Surely these  are inter-related and of interest to both parties, those that have and those that have not completed but all that were sold and reserved on this super luxury holiday complex site?

2. give full support to the community to achieve the best site we can - this is a make the best of things measure which I am sure all do support, though isn't Emma correct when she says that non-owners are limited in this respect? Can non-owners even attend the meeting as observers?

3. " the huge potential of the site"  - if this site is truly just a public urbanisation of small apartments how can it have any potential at all? Potential for what and how is it to be achieved?

As to legal actions after an unconditional completion, I fear your description is correct.

Regards

Norman

 

This message was last edited by normansands on 5/31/2007.

This message was last edited by normansands on 5/31/2007.

Norman
It is difficult to separate rhetoric from fact in your tirades - we will get nowhere with it. As best I can here is my reply:
 1)  We have completed and accepted that we could only hold out for what was in our specific contracts. Vendors blurb about sport centres etc not included.
 2) Owners in Community and their administrators can take steps to address planning shortcomings re siteworks - Completion of gardens etc by putting pressure on Developer and then developing on from there ourselves. I have said I favour the Community engaging its own legal and planning advice to help tackle these issues. This cannot extend to individual property issues which are for each owner and their solicitors
 3) We have a very comfortable apartment which we are reasonably happy with beside a top class golf club and practise facility, a few minutes from a good beach and near to some great restaurants. Estepona is a short taxi drive away as is Duquesa. We will have the Aparthotel with sports centre and hopefully the Commercial centre soon. Etc Etc

All i need now is the time to spend out there.

>> "1. The legal function of the AGM is purely to facilitate the smooth running ot the community of owners, including election of President, ..."

The purpose of the AGM is to discuss and decide on matters of interest to the community. Each and every member of the community (who has the right to vote) can add items to the agenda and vote on them. I can't see how an item such as potential legal action taken by the community (i.e. all owners) can be decided outside of an AGM or EGM.

>> "2. I have come into contact here and elsewhere with lots of disgruntled owners or not-yet-owners who ask a lot of questions of other pro-active people but don't get off their butts and do something pro-active themselves, ..."

Perhaps we're talking to different people. The people refusing to close the transaction have no choice but to go down a legal route as otherwise there is a danger than they will lose their deposit. Therefore, I find it hard to believe and have seen no evidence to suggest that these people are sitting on their butts and doing nothing proactive.

>> "Issues about sport centres. 7th pool and arguments over apartment size are pie in the sky and pursuing these after completion is a waste of time".

Who advised that this is the case? You may be correct and I think some people are now realising that the time for standing together and fighting was prior to completion. Also, those that have signed a contract to buy but have yet to complete can play a part in the community. It is a while since I read the relevant law but in certain circumstances they can be involved in the decision making. Your legal advisor should be able to confirm this.

This message was last edited by houseclearou on 5/31/2007.

Norman

Facts:

1  I have never said "There is no legal case to answer"

2  My apt is 10 metres smaller than contract (this is total area, as stated many times, inc the communal) and is therefore the basis of a claim against Interlaken.

3  You seem absolutely determined to be negative about all the effort people are making to try and improve the situation we have, and its now becoming painfull. You are also miss quoting people to suit your opinion, which you should stop.

Dont bother answering this message as ive just come back from CDS and it was great out there, we really enjoyed it and i'm in a good mood and dont want it spoiling!  Also we are just about to set off for a another nice little break!

Ian

Dear All,

as always, thank you for your input.

Ian, I have reviewed your early message information which was helpful and extensive, whilst I do not wish to give offence or split hairs, I do believe my summary was as near right, as makes little difference, as to your conclusion on the legal position at the time. Perhaps things have changed to some extent, I do hope so, certainly houseclearou seems to be of the opinion that completing may not be the disasterous mistake that I think it is, from a legal point of view. By the way he does seem to come across as both knowledgable and sensible in his postings.

It is unfortunate that this forum seems to be split between the enthusiasts who have completed and those that refuse to accept less than they bargained for. Surely in opposing the developer we are on the same side or should be.

Thank you for clarifying your measurements and conclusions which now appear to differ from other posts who believe the contract has been strictly satisfied in this area. Emma also raised the point of measurements being calculated differently in some way. If it is of any assistance at all I would be willing to measure some apartments myself, or certify others measurements, as I understand my humble qualifications appear to be recognised in Spain. I am certainly keen to see all drawings etc. but would need my hand held language-wise.

I am glad you enjoyed yourself in Casares which was said to be the new emerging "golden mile" at one stage. However I believe the outcome of the recent posts show that it is the area which has the potential not the site itself. I trust you have read the post from the landscape gardener and taken on board his advice, very sensible I thought.

Regarding the gardens I do hope no one is going to accept that continuously watering thin topsoil is any alternative to augmenting with a proper sustainable depth of growing medium. This would be a temporary bodge for appearances sake and not good for the long term,

Regards to all

Norman