Just read this on another forum...briefly for all new readers...as well as being part of our own DV community we are all part of a Macro community called EL Hacho. You won't be suprised to find that we all have to pay ...this year it is €300 and is paid by RosYFalcon on our behalf this year...next year its down to us and who knows what it will be.. There is a movement to oppose this as you will see below as the legality of El Hacho is in doubt.
For more info please contact names below. details of the formation of El Hacho can be found on the AEA website , along with the organisation of the management team of the community. You might recognise some names.
PLATAFORMA DE VECINOS DE EL HACHO
SUMMARY OF MEETING
HELD 24TH NOVEMBER 2008
CAMPO DE GOLF LA DUQUESA
Around 60 people attended the meeting which was chaired by Carmen Quintano & Nicky Conway-Hann. Both lawyers (Oscar Bornico & Rosa Luchon) were available to answer questions. Many apologies for absence were received.
Both Carmen & Nicky gave an overview of the current situation and expressed thanks to Oscar & Rosa for the speed in which they had taken over and progressed our case far better than the previous lawyers.
Update:
The meeting was then updated with a summary of our present position and a review of the progress so far:
10th April 2007: Subsequent to a meeting with Sr Sotano (previous Mayor) a letter was presented to the Ayuntamiento which detailed our complaint about the formation of the Entity and dissatisfaction with the delimitation of El Hacho which excludes urbanisations such as Los Granados, Marina de La Duquesa etc. No response was received.
June: A meeting with new Mayor Antonia Muñoz was held in which it was interesting to learn that there had been, in the past, some 110 million pesetas (700,000 euros approx) deposited with the Ayuntamiento by the Promoters. This amount was intended to be used when the construction in the area was finished; to make repairs to roads & the infrastructure. However, this sum lodged with the Ayuntamiento appears to have disappeared. Our complaints about the EUC were pursued as already communicated to the Town Hall by letter. The Mayor promised to review the situation and inform us of her decision. No reply has been received to date.
20th June 2007: The Plataforma was established and new lawyers were appointed.
9th August 2007: The complaint (Contencioso Administrativa) was lodged at the Ayuntamiento by the new laywers. No response was received.
September 2007: EUC sent out a representative with Police escort to intimidate people into signing for receipt of the EUC bill to try to force payment.
30th October 2007: Our claim was presented by our lawyers to the Judge in Malaga. The case was accepted.
20th November 2007: An invitation was extended to attend a meeting at the Ayuntamiento with their Lawyer (Santiago) & Jesus Rodriguez of the EUC.
22nd November 2007: During the meeting at the Ayuntamiento, both Santiago and Jesus Rodriguez expressed surprise that we had taken our case to court & suggested we should talk about our complaints. It was pointed out that our complaints had been presented originally in April but that response had been given, therefore there was no alternative but to take the matter to court.
24th November 2007: Our lawyers advised that they had asked the Judge to suspend the EUC completely, but this had been denied at the present time. However, the Judge has accepted the appeal and will set a hearing date during the next 2 / 3 months when both sides will be asked to present their case. If, during this time, the EUC try to send out invoices or enforce payment our lawyers will ask the Judge to open an “escrow” account to hold the funds while the case is being heard. In this way no claim can be made against us and the EUC will not benefit from the funds.
QUESTIONS / POINTS RAISED FROM THE FLOOR:
* There was some concern that if the EUC raise further bills and we do not pay them, then we will be shown as debtors in the official “Boletin” ie. our credit record will show a default. Also those people who signed the letter (presented by hand by an EUC representative accompanied by a Policeman in September) are concerned at what the procedure against them will be i.e. will the funds be deducted directly from their bank accounts. It was explained that our lawyers cannot do anything about something that hasn’t happened yet. If and when the EUC issues more bills; adds the names of non-payers to the Boletin, or; funds are deducted automatically from bank accounts THEN our lawyers will try to take action to protect us via the Judge, either by having an escrow account opened or by some other action.
PLEASE INFORM US IF YOU HEAR OF ANY EUC ACTION, EITHER PERSONALLY OR VIA A THIRD PARTY, TO HELP OUR LAWYERS REACT TO ANY NEW DEVELOPMENTS AS QUICKLY AS POSSIBLE.
* It was again noted by new attendees that some Urbanisations in the el Hacho area have been exempted from the EUC invoices. This matter was raised at the meeting with the laywer from the Town Hall (Santiago) who advised that the limits of el Hacho were decided many years ago and there is nothing that can be done to change them.
* A question was raised regarding new property owners and whether they would be subject to the tax imposed by the EUC. This was confirmed. The responsibility for taxes on a property are passed to the new owners on completion of the escritura.
* The meeting was advised that we have more than 400 members united in our fight against the EUC. It was noted that we need to impress the Judge that we have a significant number of residents who agree with our position, so we need to do as much as we can to get all our neighbours to join us. As there are around 3,200 properties El Hacho, of which 33% are still owned by the developers, we need to have around 500 members (being approximately 25% of the remainder). Everyone at the meeting was asked to make as much effort as possible to get new members. Nicky & Carmen will provide any help required ie. forms to complete etc.
The next meeting will be called when we have further information and to advise you of developments. In the meantime, please try to get new members and inform us / Oscar if you become aware of any new actions of the EUC.
Carmen Quintano: 952 890128
jsb@grupocqo.com
Nicky Conway-Hann: 952 892433
NickyCHann@telefonica.net
PLEASE DIRECT YOUR LEGAL QUERIES TO OSCAR BORNICO, Lawyer:
Tel: 956 695 607 Mobile: 660 622 734 Email:lawyer@aplusmarbella.com