Community fees and AEA

I've actually raised this somewhere before, but what is the legal position when the development is not complete? Can we vote to oust AEA if, indeed, the developer still owns more than 50pc of the development??? I'm not sure where to actually look for this information. Perhaps someone with a bit more knowledge and experience can shed some more light as to what the situation is in this case regarding the appointment of the management company/administrator?

Hi

just been told our president of the community is this guy here

gerardocaballero@rosyfalcon.com

This message was last edited by michael52 on 2/2/2007.

When I signed on 23rd Jan I was given an AEA folder in it was:-

A copy of the minutes for 1st and 2nd meeting (calling) to start the community. The president was voted in and he is the devloper representative who signed the documents at the Notary. He speaks excellent English. He was voted in as he the devolers were the only owners at that time.

A copy of the constitution in English and Spanish.

I was given a sheets showing the quotas and fees for eack block that have been prepared so far, my block 8 was not available as it was not completed.

A contact card for an AEA rep. that I met and she too spoke perfect English.

So I believe AEA are getting their act together, you have to bare in mine DV is a big site with dynamics that change constantly with signings etc.

I have been president in my Manilva community for over 3 years and compared to our first admin. company AEA look to have the potential to get it right. I know what I have to do to manage 15 houses.

Ros Y Falcon although difficult at times are very professional compaired to other builders so I suggest patience is required here and I think that appointing AEA a large company is probably a good thing in the long term.

 

When I signed in late September,  I , too, was given a very similar folder but without any minutes of meetings or reference to any future meetings.

As you don't mention the dates of the said meetings I am assuming they took place after my signature date, otherwise I wiould have them too. And if they did take place after my signature then I at least was an owner who was not consulted or invited to the meeting.

I and Michael have written to them so I will wait and see the responeses.

 

I think at the moment, besides making sure we have access to the accounts, I'm with Jeff on this. I think we don't realistically have a chance in hell of getting rid of AEA until the development is complete, or at least 3/4 way there! And, as Jeff says, if AEA are getting their act together, it may be that by that time, things may be better. Although I did read somewhere (can't remember where on this forum!!) that AEA were kicked out of another development and replaced. At the moment though, looks like we shall just have to keep on top of them regarding the accounts and expenditure and take it from there. We complete on Tuesday, so if there is anything to add will post it here.

Reply received from the president of the community. Translation would be useful. Can anyone oblige

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Google and Babelfish both give the following translation:-

It would be thankful that to clarify and to respond the doubts to him that you raise in your mail, goes to AEA, the company that the administration of the Community of Proprietors takes who have all the pertinent documentation.

This does not help as he is telling you I believe, to go to AEA. I think we are going round in circles here.  I just returned from DV last night I am back in 3 weeks for a month. I spoke to him yesterday about my flat and he was helpful. I could write to him as well?

If we have not resolved this I will go and see Gerardo and ask him to come over to the AEA office. Is anybody else out there 26th Feb onwards, if we go in numbers it may help.

Also, forgot to mention previously I asked when I signed and was told the developer had been paying fees on properties they still owned. Question is until we see the books is it a nominal 300 euros or the full amount.

This message was last edited by manilvajl on 2/6/2007.

This message was last edited by manilvajl on 2/6/2007.

Further responses received by JC.

The arrogance of the developer's nominated President and AEA is staggering. Owners and those in the course of completing please take note 

 

Sr. Cox,

La información que solicita está a su entera disposición así como a la de cualquier otro propietario que la solicite. saludos

 Gerardo Caballero

 Subject: Re: AEA administration - duquesa village

 Again can you provide in english please. Most of the owners are english.

regards  john cox

 Sr. Cox,

 Le recuerdo que estamos en España por lo que todas mis comunicaciones se  harán en Español.

 Saludos

 Gerardo Caballero

This message was last edited by michael52 on 2/6/2007.

I am amazed by his reluctance to converse in English, as he evidently can, and his reluctance to take on our requests. The cynic in me suggests that the accounts are not available hence the no show.

I have asked for a meeting with him on Feb16th when i am there but that has been ignored.  I will though attend the AEA offices and ask for a face to face.

I agree with sentiment below from Jeff about writing to him...perhaps we all should.

somebody mentioned they had minutes from the first meeting...perhaps they can be published or emailed to us all as i haven't seen them and my requests to AEA go unheeded.

I have also contacted my lawyer for advice on a way forward.

Lets hope its all a 'communication ' problem and gets resolved quickly, although i have been infored  that  supposedly ..AEA were threatenned with expulsion from neighbouring complex Duquesa Suites.

This message was last edited by JC1 on 2/6/2007.

This message was last edited by JC1 on 2/6/2007.

John et al

Don't know if you know but Sr Gerardo Caballero has an office in the DV sales office, as you go in the front door of Duquesa Goden Mile his office straight ahead and in the right hand corner. He was the developer signatory at the Notary for me.

I will try to scan and post copies of the minutes of the meetings etc. ASAP I have a few things to do in next few days that need to be done first.

As he is the President I think he was to give time to speak to community members under Horizontal Law. I will look at Hor. Law in next few days and see how we can use it with him and AEA.

I will attempt to write to him in Spanish as well.

This message was last edited by JC1 on 2/6/2007.

Thanks Phil

I will go and see the chap when i am there next week.

I will also re read the documentation i have regarding the community.

 

regards

john

 

From my AEA file I noted that the constitution and formation of the community took place on 24th November 2005.

Just had a long phone conversation with AEA coordinator in Marbella, the lady I met on signing.

1. The 1st AGM has not yet taken place and is likely to in May time frame. All owners will be notified.

2. At that meeting it is likely that a president for each block may be agreed. She said this is better than a single president for such a large community. She said that when formed in Nov. 2005 the only legal choice for a President would the promoter. I agree wth this, its stated in Hoz. Law.

3. I asked that books be made available as soon as possible so that people could be assured that their money was being spent wisely. 

4. I also asked her to make the Duquesa AEA office aware of concerns of DV residents.

5. I asked for confirmation that the promoters are paying for the proerties they own - this was confirmed and should be visibe in the books.

I hope to receive some information from her soon and I will publish on this forum.

They are still working on collecting all the quota information for the newly released blocks for phase II - I have seen some of this information and it is time consuming.

From this conversation I believe its best to not put too much pressure on Garardo Caballero at the moment but to wait and see what comes out of AEA. 

My view - DV will actually be bigger than some Spanish and Englsh villages so an experience administrator is needed. I spoke to my administrator for my Manilva community about taking on a large community circa 700 properties - the answer was a polite no thanks.

This message was last edited by manilvajl on 2/7/2007.

I have just had a message from our president , Garardo, who has passed on our concerns to a lady called Sandra Rodriguez...is this the same lady?

No I rang and spoke with Malisa first, long chat then I had two calls from Rosa, due to receive info later today and I will publish on this forum.

I think my call have started to move them - or my timing is lucky?

Jeff

sounds very promising , Jeff.  Don't think its luck...probably the personal touch on the phone plus they probably remember you as you were there recently. 

john

This message was last edited by manilvajl on 2/7/2007.

This message was last edited by manilvajl on 2/8/2007.

Yesterday in the UK, I received the invitation to the update meeting (not the AGM) from AEA on 2nd March in Duquesa port. If anybody cannot attend but wants to ask a question please post it here and I will ask it for you.

Jeff  

Hi Jeff, I also received a notification but unfortunately I will not be able to attend.  I fear you are going to get a lot of questions posted, but here are mine.

Confirmation that the developer is picking up there fair share of the community fees.

Can we have / when do we get a detailed breakdown of existing and future / planned expenditure?

Clarification on exactly what security will be provided on the development, 24 hour gated, guarded access etc.

Are there any plans to provide pedestrian access through the bottom of the development down towards Sabinillas to save a long walk round the other way.

When will the paddle tennis courts and swimming pools be completed and/or repaired and made available

What is being done about tidying up the entrance to the development as soon as possible.  Even though there is still development work surely it doesnt have to be as bad as it is at present.

What is being done about snaggiing and repairs on cummnal areas

Quite a few questions, sorry but i am sure most of these are going to get asked anyway.  I bet you get more replies on this posting than anyone up until now.

Steve

This message was last edited by slacey99 on 2/16/2007.