Can anyone recommend a local lawyer (Almería) experienced in dealing with Dación en pago? Advice?

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02 Dec 2007 12:00 AM by carolhayes4 Star rating in Dorset. 11 forum posts Send private message

We take it that everyone has received, via Ana, Victor's letter relating to closing terraces without proper authorisation.  This does not involve our apartment and we do not know what terraces it is referring to.  However, we note that Victor is the President of the Owners Community.  Having met Victor we do not have a problem with this at present. 

It would be interesting to know how many people have actually completed on their purchase and as to whether they are interested in being part of the Committee.  We were told that a Committee would be formed from the owners upon completion.  We took this to be at the "key handing over ceremony"!!!!!!  We understand that the Committee would deal with all the finance, legal requirements etc hence the reason we are happy that Victor is involved.  As to whether any accounts have been drawn up with regards to our 1.200 euros payment and what charges have been paid so far for gardeners, legal advice etc, this also would be nice to know.  As we said it would be interesting to know how many apartments have been completed upon as the number of unsold apartments will obviously have a bearing upon the community fee.  We were previously told that there were 32 apartments left to be sold.

We are going over in January and, having previously met with a couple (Peter and Pauline)  who are permanent residents on the development and we discussed the Owners Community, they were unsure of what was happening.  They told us that one block near them was completely unsold.  They too were unsure of how this would affect the community fees with regards to unsold apartments.  We seem to recall that we were told that the developer was responsible to pay these charges but like everything else, being naive, we do not have anything in writing.  We went on trust!

We hope to see Peter and Pauline again in January to see if there are any developments.

Mike and Carol



_______________________
Mike and Carol


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03 Dec 2007 11:49 PM by kyleman Star rating. 35 forum posts Send private message

Hi Mike & Carol.    I was wandering how long it would be before someone started a thread about the letter.  I completed on our apartment back in July but never any mention of the the Owners Community although I am fully aware that such a community would be set up.  I have never met Victor who it looks like has elected himself as President which I feel would go against any constitution that would have to be written, I realise that someone has to make the first step or be self elected.  I have seen an apartment which is on the ground floor and has the said glass screens fitted around the patio.  It does not detract from the outside appearance and more to the point has improved security to the property, which is another topic of conversation.  The couple concerned were contacted by Ana with ref to the screens who initially objected but after discussion were led to believe that all would be OK and were even asked if it could be included in thier sales broucher.  When Ana was still with Eralia she metioned to myself that they were looking into offering just such a glass enclosure for patios, but at the time they also offerd bathroom cabinets etc that they later removed, so what can you believe these days.  To be perfectly honest I feel they would be better off concentrating on getting the lifts working by installing a dedicated power supply.  Since we completed my wife has developed problems walking especially up stairs, we have a penthouse apartment so from garage level 4 flight of stairs to climb.  I feel we are presently being prevented from using our apartment owing to no operating lift, this is also having an effect on any potential holiday letting.  I feel that Pauline & Peter, who I am in contact with, would be great for Owners Community members especially as they are full time residents.

Enjoy your trip in January.

Brian & Jean




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04 Dec 2007 1:01 PM by Thea/Peter Star rating. 15 forum posts Send private message

Letter ? What letter ?  We have just returned yesterday from 5 weeks there, and Ana never said anything about glass curtains or a letter from Victor. Please let me know exactly what the letter says about the glass curtains. We have taken legal advice and have been advised that as glass curtains are so common on the Costa del Sol there will not be a problem. We are on the first floor and have had them installed, Ana knows they are there, and has said nothing. In fact one of the owners who has glass curtains was asked if his could be shown off to prospective new apartment owners by Ana.

Thanks




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