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In many way it is good that the developer is made to finish off the roads properly, as we do not want to have to pay for them once we have completed. The El Hacho community are being asked to pay for the the repair of the roads in the El Hacho area. 

So, May the 9th they repair the road/s and then hopefully it is full steam ahead to completion!  Bring it on.

Hi All

No doubt like me you jump from this web site to www.manilvalife.com in the hope of any news on the development.  A member of Manilva Life has been past the development  yesterday and feels that there is still noticable work to be completed and a way to go before the licence will be issued, the talk now is of a September completion.

Hi Lardan, all I can say is when I was over there a month ago phase 1 is complete no doubt. Obviously the other phases are not there yet and work on the commercial centre still needs to be done but that wouldn't prevent a licence being issued for phase 1.

Alan

Well here we are at the 13th May and work has still not resumed on the site. Although the promise is that it will start soon I am having to now seriously think about the situation. Just how long can this stalling continue?

Alan

It would appear that due to corruption within the property sector, licences are not issued as before. The local authorities are making sure that everything is as it should be.

That said, we are still waiting with no indication of any schedule or time plan. I have become resigned to the fact that we most certainly will not be completed for this summer. I am now wondering if September 07 is even a possibility.

I am curious though, as we cannot be expected to wait like this forever. There must be a cut-off whereby the developer is in breech of contract. It has been suggested before I know, but maybe we can jointly sue for compensation. It would be only what we deserve from the developer. I believe the cut-off is 30 June 07, after this date the contract has not been completed and it may leave the developer open to paying compensation?

I am not familiar with Spanish law, but we have all instructed solicitors who are.

We have tried to get our money back in November but our solicitor advised us that the developer who were then Arenal were not in breach of their contract and the insurance company may not pay out therefore we would have to take them to court which could take to 2/3 years to resolve the issue and they couldnt guarantee we would win.  Therefore it would have left our monies tied up for 2/3 years doing nothing plus court costs of 3000 euros and the worry of not knowing if you were going to win. Whereas if the contract was completed (ha ha)you would at least have got a property to rent, sell or enjoy  in that 2 year period.

Spanish law is alot more complex, usually in favour of the Spanish I would think and I would imagine it would take ages to resolve as they never rush things as we have all experienced in this sanario.  Not to mention the insurance company who will pull out all stops not to pay out.  A good lawyer would have go advise the consequences first before anyone went down this route.  I thought ours was good but our contract didnt cover all the eventualities therefore is not worth the paper its written on and the Spanish have the upperhand whether it is the developers, insurance co or banks.  I wish I had a crystal ball to know which way to proceed.

My solicitor has confirmed there will be a meeting next Thursday with the developer. This will decide on cancellation of contracts and any compensation due & the proposed date the developer has in mind for completion.

So the 24th could be 'D' day.

Alan

do you really think there is the possibility of being able to cancel the contract and get compensation?

Probably as great a possibility as us completing in '6-8 weeks'!

Alan

Hi Everyone. Spoke to my lawyer this morning and the news isn't great I'm afraid. The Town Hall are insisting the developers use their builders to complete the road and the developers obviously want to use their own! The problem is that the Town Hall won't issue the license until the road is finished with their builders. There are elections on Sunday and then a decision will be made two weeks after that, this brings us to the 15th June. Any compensation will be sorted out by 13th June and they will only pay any monies paid without interest if you wish to cancel. You will have to go to court if you insist on the legal interest. However, I understand this is under discussion.

Alan

Well, at least we can rest in the knowledge that whoever does finish the road it will be crap.  As are all roads on developments.  Look great  for 6 months and then spontaneously erupt into giant pot holes which rip the rubber off yr tyres.  But at least they are now fighting over who gets to finish the road. Only yesterday no one wanted to do it! 

Oh dear, it is not the news we wanted to hear.

I don't know why they don't just get on with it and use the town hall builders to tarmac the road, surely the bank want the finance that is now due on phase one?

So we wait another month... dreaming of what might be.

If the bank have builders in place to finish the roads etc.  Then why should the Town Hall want to get involved?  They have no need, or do they.....

Someones cousin looking for work no doubt... !!!!! 

here's my opinion on the news    *********bleep  bleep bleep*********  

and elena not even contacted me yet alan!!

suzanne

If it makes you feel any better Suzanne, I called her. I left a message yesterday and she didn't get back and I couldn't wait! Wish I hadn't bothered!

Alan

oh well, we'll get used to it over the weekend having no more news for another month.   to be honest, it might as well drag on until early next year for us now as we have pretty much missed any rental potential for this summer and every month it drags on we are not paying for it i suppose. plus, we're going out there for couple weeks soon anyway so we've missed out on staying in our own apt this time and had to rent another one. i;d have been frustrated if it had completed a week after we got home!! ha.   it'll happen when it happens i guess.  

its a shame for the people waiting to go and live in them.  they must be even more frustrated than us and i'm pretty worked up about it all!!  i won't be thinking about pulling out though as i really want to be on that development. i'll just sit it out.

thanks for keeping us updated alan

suzanne

Well definately not the news we were hoping for.  I am frustrated with my solicitor firstly she did not know that Arenal had sold out to Gerens, then the meetings.  I think I have chased more than she has.

We thought we would be living in the sun by now we purchased our apartment off plan in October 2003 and was told that completion date at that time was Spring/ Summer 2006. Like you we want to live in that development, yes we could go out and buy something else but  we would keep thinking if only we had waited.

Trouble is each year we are getting older!!!  Good job we purchased a ground floor apartment.

We must be optimistic, I personally find this situation really depressing. 

However it is good that the council are making them correct the roads.  Road works are very expensive so it is better that it is sorted out now than when we all move in, as they will want us to pay for the road repairs.

I think we are more frustrated as we know that our apartments are basically ready, so of course we want to move in.