Structural Survey

We have just discovered, on another forum, about a "macro community" being formed by the Manilva Town Hall and, seemingly, the communities surrounding the golf course, which is meant to be "for and on behalf of" all owners of properties which border Duquesa golf course and are on the hill - which is known as El Hacho (the hill, that is).

This community has been started to collect taxes/funds from all property owners on El Hacho (in ADDITION to the IBI property tax that we will have to pay) in order to build/repair/maintain services on the hill, such as roads, street lighting, etc., and put right the roads that have been damaged by all the building trucks/equipment on the various developments on the hill.  In effect, owners on the hill will be paying for services used by all and sundry, not just the owners!  There was even mention that funds would be used to repave the port and renew the lighting too!  Yes, the port apparently comes into the community - although Marina de la Duquesa (the development to the side of the port) doesn't!!

Already some owners have received invoices for approximately 300 Euros to be paid to the EUC El Hacho (Entidad Urbanística de Conservación del HACHO).  The link below will take you to an article in The Resident website.

theresident.eu/news/the_news/manilva/el_hacho_-_entidad_20070321_107.html

An action group has been formed and taken legal advice and have been advised that the forming of this Entidad is illegal.  Only a few of the presidents of the communities on El Hacho were present when the board was elected  -  this is meant to be a community for and on behalf of the owners and no owners were informed about it!!  Their budget, apparently, is 680,000 Euros, of which about 90,000 is administrators fees!!

For obvious reasons, I won't set out everything I have from documentation sent to me on this forum, but if anyone would like to know who to get in contact with regarding this action, then drop me a PM with your email address.

They need about 500 owners in order to take this to Court and the amount requested from each owner, to be held in the lawyers clients' account, is 45 Euros.   They already have about 300 owners.

You can read more about this also on the other forum, details of which I will give you if you PM me. 

This message was last edited by Pitby on 6/5/2007.

You can count us in on any action group Jan - obviously.  Thanks for the info.

Caroline

Surprised to see no replies to this worrying development - a double tax burden and your property noted on the land registry as being liable so bound to affect resale.  Come on everyone - let's get this clarified and more importantly make sure we don't get landed with it.

I agree that its very worrying, especially as the local council are already going to receive monies from us when the “valor catastral is set.

Legal fees up front 500 x € 45  amounts to € 22,500 . Are these lawyers that can be trusted ??

Michael52, the lawyers website is indicated on one of the documents I have sent, www.vbabogados.com, and I would think that you could always contact Nicky (the email forwarded) if you require further information.

If it is correct that over 300 owners have already signed up for this action, then I think I'll go with the majority!  Obviously, I will be checking this action group out myself, but I think the sooner we get other owners aware of this, the better.  22,500 euros legal fees to start this off is pretty reasonable, bearing in mind that they will be representing 500 property owners! 

Everything about this sucks, in my view.  I do wonder, and am going to enquire, whether things will change re this issue now that the previous mayor has been voted out and new mayor is (or will be soon) in place.

But, basically, my name's going on that action group list!

Only just seen this today as I arrived back in England from Norway. Is this a single or annual tax and how can this be used to fix areas of the port if other port areas are not taxed?

I don't know which local party was elected but surely we can try and see a member of this party to put pressure on them.

Jeff, have emailed you the info I have.

Thanks Jan. Just arrived and thought I would see what hasa been said. I haven't had any reply from anyone so can you send to me what you have. I will pick up in the morning. I will be registering and contacting all tjose I know. I suggest we all do similar as this is totally unreasonable.

http://www.elhacho.es/page_Communities.html

According to this site DV is not listed as part of el hacho.  Anyone know if we do in fact fall into the area?

 

Caroline

I'm not sure, as I'm not aware of the build status of those communities listed, but it may well be that, as DV isn't finished yet, it can't be incorporated into the community as yet.

Don't know, but will have to check it out.

Actually, looking at that list again, I notice Duquesa Fairways, which is the other side of the fairway from block 15, isn't listed in the communities list, but is listed in the Minutes of the meeting in November last year and had a representative present.


This message was last edited by Pitby on 6/6/2007.

Jan, Caroline

From this it looks like we are not included presently but that might be that the contribution to repairs and upkeep could be being met by RYF ... or most likely they have forgotten us and its just an oversight. Interestingly Duquesa Fairways is not included either.

According to the minutes of the November 2006 meeting the representative of our developer Ros y Falcon approved the budget. It does not state which developments he was representing.

Pitby

Glad you posted on the Duquesa Village site as well as the general forum.
Strange that the plan does not seem to include Duquesa Village, Duquesa Fairways or Coto Real.

Or does the fact that Ros y  Falcon were represented at the November meeting mean they are negotiating something for the future with the Macro Community ??   Maybe we can put a stop to this before anything further develops

Awaiting Maria's comments.

Michael,

I have read on a few boards that the community only goes so far up and doesn't include some developments (inc Vizcaronda for eg).  I would tend to think that as we are not currently inc our liability to pay for this year does not apply but that we may be added later.  Does anyone know if the area can be extended later in situations like this?

Ros Y Falcon could have been representing their other developments such as those in the port (MIkonas?) and Duquesa Golf which are listed.  I hope that in our case we aren't going to be liable but I guess ther's always the chance anyway that another of these situations might arise.

Has anyone been able to find out about how the recent elections have affected this?

Caroline

I would have thought RyF were there as owners themselves (their office premises in the port) and maybe to represent unfinished developments, but I don't think they can represent any of the developments they built as they have been sold and have their own communities in place.

I personally don't think the el hacho website is a very professionally administered website - you will see from the Minutes that Duquesa Fairways is clearly mentioned as being represented, but they are not listed under the communities.

So, personally, I'm not putting a lot of stock on that particular list and am still trying to find out from other sources as to whether DV is included or will be at a future date.  It wouldn't surprise me if Coto Real are not included as they don't actually border the golf course and are on the other side of the hill (well, looks like they are when your standing in front of Phase 1!!)

Will post any further info as I am able to gather.

That makes sense Jan,

I think whether we're included or not - from what I've read urbanisations such as ours often tend to end up paying like this as the town halls will invariably refuse to adopt roads and utilities which they are legally entitled to do I believe unless it can be proven that they are all in A1 condition.  (This is just based on what I have read on other sites). 

 

Good luck finding out more....

Just a thought apart from Wealth Tax and Income Tax which we will have to pay at some point, we will also pay IBI.

 I currently pay 263€ for a town house in Manilva, the IBI is for roads and refuse etc I.E. a council tax. We should not be paying council tax twice. 

Just received an email from Nicky Chann ( see previous posts) who has confirmation from AEA that Duquesa Village is uncluded and we will all be receiving bills for this additional tax.

 

 

 

Does anybody know which party won the recent local elections? If we do it may be worth while going to see the winning candidate and making life interesting for them. The only candidate I know is Antonia Munoz and she wanted to keep the non Spanish locals happy.

Jeff, I believe it was Antonia Munoz who won the elections.  Not sure how this reflects on what will happen, if anything, about the EUC El Hacho, but if anyone out there is in the area alot and could check it out, that would be great.