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I agree. It's getting a bit ridiculous on there now, apparently you only need a few supportive comments on Facebook and you can do what you want. Never mind Community regs and a proper administrator. :(
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Agree, someone must say something sensible impactful in there...
Nobody can just do whatever they want, just because they have positive supportive comments in facebook, although some people will do try with full blown ego. No agreements can be made official, without the presence of the Official Administrator, and signature of the President., (as with Oasis , its the Bank, who,is the president and major share holder)
People need to be very careful on there , its not only very inconsiderate to others but can lead to some other issues.
"Community Statutes, or Bylaws, are the ones that really rule on the everyday life of each community and are unique. No two communities hold the same statutes. There is a general legal backbone common to all communities in Spain which are the Commonhold Act and the Spanish Civil code." -By Raymundo Larraín Nesbitt
Lawyer – Abogado
Have a good day...
This message was last edited by Cocochanel on 07/05/2017.
This message was last edited by Cocochanel on 07/05/2017.
This message was last edited by Cocochanel on 07/05/2017.
This message was last edited by Cocochanel on 07/05/2017.
This message was last edited by Cocochanel on 08/05/2017.
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I want to try to add some information here based on practical experience from another resort, where there were problems with other phases needing to access a pool and form experience of trying to sell properties on HDA
First of all we were always told, by the sales company onsite that, buyers in the Pueblo would be able to use the pools in the Oasis, that was at the time when the Oasis wasn't being sold and therefore there were very few owners, lus the bank were picking up the maintenance fees. Because this agreement wasn't in writing I did not sell these properties
The process for running a phase is well documented in Spain by The Horizontal Property Law by a community of OWNERS, a President, Vice President etc and the voting is in proporation to ownership so often the bank are themPresident and have ultimate voting rights, with the proviso that they are up to date with ALL FEES, at the time of any AGM or EGM, you must have an AGM every year and ALL owners can attend and vote. You mustr also have a professional administrator
The first question is therefore so you have the community formed, do you have copies of the rules or the last AGM, accounts etc, all owners are entitled to this information, what was the meeting that voted about the POOLS, AGM, EGM, who attended, and were the minutes and notice sent to ALL of the owners, the people that will be paying for the pools
Realistically the owners pay 100% of the costs to run, repair and enhance the pools and the only time on other resorts where another phase has been given access is by contributing by an agreement at an Emergency General Meeting (EGM), pools are expensive things to maintain and keep filled up plus you require special insurance
Normally the pools are solely and exclusively for the use of the owners and their guests,I would expect that any variance would have to be agreed at an EGM where all owners are notiified, not by as described a vote at a management meeting
The pools of course available to guests so for example if an owner gave permission for somebody in the Pueblo to use the pools then this is acceptable
So going back to a few other resorts, close to HDA there were a couple of problems, the first locals coming in from the surrounding areas using the pools, the next was owners giving permission to local people to use the pools and the third other phases deciding they liked other pools mre than their own. On one occasion an owner invited 50 people to a party around the pool
The solution was that they introduced a wrist band system which restricted the numberof people per property that could use the pools, that changed colour each year and if you were not paying community fees then no band
The problem with this system is that you need somebody to Police it
Here it seems that there are 2 forums running, one Facebook and on here so you need to come together as a community
_______________________ Roy Howitt
Independent Property Consultant
www.sonrisaproperties.com
www.snaggingspain.com
WE CAN FIND YOUR DREAM HOME
627 955 748
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Yes, we had a conversation with the Admin. Mn legal, - oasis pool is solely for the purpose of Oasis owners.
Side tracking to another topic: New to facebook but wow!!!!
i just saw a facebook post! Someone suggesting the use of the pool open to ALL (the pool which is not in great shape now) (got some few supportive fb comments)
This suggestion is for some fitness course, which is from the this summer till - Next year!!!!! ?
Have anyone Noticed, how nobody in this whole community in the Whole HDA, even cared to suggest the use of their own better looking pools for this Activites? There are so many community pools around and the interested people are also belonging to Other communities with their own lovely big pools and others...🤔
it all comes down to the infamous " Oasis " - pool. ( its not even fully fixed and refurbished yet!) and the grass are in need of tweaking too...
this just blows my mind! 😮specially after the long never ending issue about the "verbal " agreement with spanish village. Do we really need to do another facebook online agreements?
Sorry this is long, but wow...really blows my mind.
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The area of the pool and around the pool is PRIVATE for the sole use of the owners so no you cannot use the gardens
_______________________ Roy Howitt
Independent Property Consultant
www.sonrisaproperties.com
www.snaggingspain.com
WE CAN FIND YOUR DREAM HOME
627 955 748
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To Mr Roy H. , its a very sensible post indeed.thanks
Yes, when buying in a community , an owner becomes automatically binded to a
a legal framework , set out by the Commonhold Act 49/60 (aka Ley de Propiedad Horizontal, Horizontal Property Act, or else Commonhold Act) and by the Spanish Civil Code (arts 396 et seq).
some" rules within the community can be changed by owners by majority votes during official meetings, as ,long as it does not affect Statutes.( which requires other things)
but its common to have some people for some reason, would just do what they fancy, specially if they feel as if they are in the compund a lot, , or in some social pressure...
its does not matter, how small things may seem , how many facebook comments you had , ", nobody can just do whatever they want....its one of the things that people need to understand , whether you like it or not, when buying within a community .
as per Oasis, ( owners can request a copy of EGM minutes, from the Admin. MN Legal) and suggest a new news letter relased very soon and release memos to ALL.
I suggest, owners need to concentrate first in improving the compoud , fix things, improve its physical conditions... Then can move forward to other external social pressures.
a smooth, running communty and owners that shares common goals will be very beneficial to everyone. ( in priciple)
( not on facebook, as iam not a big fan of this type of social media) 😎 But iam very aware of that the " oasis pools are for oasis owners only. ) and the results of the EGM.
This message was last edited by Cocochanel on 08/05/2017.
This message was last edited by Cocochanel on 08/05/2017.
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Perhaps if you go and re-read the Facebook post carefully this time PALM, you'll undersatand what has actually been asked and not make such silly comments as below. I can understand why you have gone and deactivated your account !
My wife is a qualified fitness instructor and currently puts on free classes every 5 or 6 weeks when we are on resort. Recently she was asked about Aqua Aerobics and as she is qualified in this, said she would happily do some classes if a pool could be found. Some of our friends who are owners on Oasis then suggested using one of the Oasis pools, and posted this on the Facebook page to ask if anyone had any issues in using a pool for 1hr to do this activity. It clearly wouldn't be 'from summer until next year' as you incorrectly state, but possibly a couple of times per week, every few weeks.
As you can see from the Facebook page, numerous owners from Oasis think this is a good idea and don't have a problem, and one person thinks the same as you (or is you). Everyone is entitled to their opinion, but the activity will now definitely not be happening in Oasis as there is far too much small mindedness gone on about the pools already, so enjoy your pools and enjoy your resort, don't come complaining when there is nothing going on and keep up the good work on community spirit ! Thats a WOW from me !
If you have an issue with what is discussed on the Facebook page, why don't you consider removing yourself from it or maybe speak to the owner of the page
PS - I think it's been mentioned enough times about the pools being for Oasis owners only, it's been said enough times in this post alone, let alone the Facebook page as well !
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Are you ok BluePaul ? You just seem to be repeating the same thing again and again, on here and your Facebook page................
I'll respond as I see fit, if thats alright with you. Thought it was on open discussion forum.
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Regardless if this fitness activity is free, or charged for it would be viewed as a COMMERCIAL activity in Spain that required the necessary insurance cover and of course it would impact, on any increased use on the pool, noise for owners etc and sorry to disagree but it isn't people being small minded, just in Spain there are more implecations to many actions. What would happen if somebody injured themselves, would the instructor be responsible
Another REAL situation from a local development somebody decided to rent a 3 bed apartmemt and setup a commercial fitness boot camp onsite for children. This was supposed to run for 6 weeks and each day they shipped in 20-30 children, who delighted in using the community pools and facilities, untill the Town Hall came around and shut it down, fining the operator
Facebook is not the ideal way to agree things like this, ALL of the owners are not on Facebook, not all of the owners are British and ALL of thw owners need a platform to have their say which is what the AGM is about plus everything going through your President and Administrators
It also seems that commercial operators are being allowed to post onto the Facebbok pages, never a good idea, owners should mean owners with NO COMMERCIAL content
_______________________ Roy Howitt
Independent Property Consultant
www.sonrisaproperties.com
www.snaggingspain.com
WE CAN FIND YOUR DREAM HOME
627 955 748
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With respect Roy, and I'm not questioning your experience of how things work in Spain, I'm guessing you don't live on HDA and therefore have little idea of what has been going on for the last few months, both on social media and day to day on the resort.
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Plf you are absolutely correct, I have plenty of idea what is happening on the resort but not on social media but what I do understand from many years of experience, with is the way that the spanish systems work, love them or hate them si that as explained Cocochanel you cannot jist as owners decide to do something because iit seems like a nice idea
Some owners want a quiet life and not an excercise class outside their property, some welcome it, but EVERYBODY has to agree, you are a community and has an equal right to express a view without being shouted down
Also as eplained even as a free course you would require additional insurance, who pays for any damage etc etc etc, you have to think things through in Spain
_______________________ Roy Howitt
Independent Property Consultant
www.sonrisaproperties.com
www.snaggingspain.com
WE CAN FIND YOUR DREAM HOME
627 955 748
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plf,
first please do not accuse me of anything about comments on facebook done by some people. you do not know me at all , also not all owners are on facebook
second, i dont see you so workedup and so upset about others in the whole HDA not offering their pools as access and accuse them of not having some Spirit.
ciao ! gracci
ps - i think cocochanel and inspectahome are the ones seem very sensible and pragmatic here-.learned alot.thanks.
bluepaul, didnt know you made the fbpage. thanks too...
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