Completion of phase II

Hi SRS,

Max wrote

"A complete integration seems to require a unanimous vote from both communities which will be impossible to achieve".

I think Max is inferring that because members of the Don Juan family will be residents a unanimous vote will make complete integration impossible however I agree that the two communities should work towards integrating under a single administration company and Phase II will just have to be patient until this is possible.

James

Hi Seamus and Monica (and others of interest),

We have as of yesterday recived a value estimation (I don't know the rigth term in english) of our apartment, done by the Bank that shall help us with the mortage. They gave us an estimation on 8% more than we paid for the apartment. I have been told that these kind of value setting is set appr. 10-15 % below the price you would set for sales purpose.

Not as bad as one could have expected :o)

By the way, our apartment is in Block 1, primera A, Phase II.

I hope this answer your question.

Hello james

Point taken as regards the Don Juan family, it is unlikely that they would go along with the proposal.  I suppose the key is in the word "unanimous" as opposed to "majority" and if agreement does indeed need to be for all parties without exception then, as Max suggests, an informal co-poperation would be the only way to go. 

I am no too familiar with how these communities work and what the voting rights are, do you know whether it is the case that if one or two members diagree with a proposal then is the whole proposal declined?

Regards

SRS

Hi SRS

It is unclear whether a simple majority or unanimous vote are required to form one community. The reason is if the mechanism of forming a master community I outlined is used only a majority is required. However the same Horizontal Property Act says unanimity is required for amendment of the "master deed or the community statutes" so if it is necessary to amend either of these unanimity would be required. My opinion (and I am no more likely to be right than anyone else!) is that the mechanism of forming a master community, which is clearly set out in the Act, seems to be a way of achieving unity without requiring unanimity.

Only time will tell but I hope this helps to explain the uncertainty!

Dear Wichmann,

Thank you for that infomation.   It is good to know that we are not losing  value before we get in!  We are really looking forward to moving in and trust that will be possible by June at the latest.

Monica

Hi Max,

Thank you once again for the clarification.

We're coming over again in March and I look forward to meeting you again then.

Kind regards,

James

Hello Davmunster & Max

Thanks for making things clear, it certaily is quite a complex issue!

Following your recent posts I can see that B is likely to be the best solution taking into account the probable stance of certain phase 2 residents.

By the way Max thanks again for the excellent work you did on my apartment, cleaning, lock change etc, and please ask your "accounts manager" at www.wetakecare.es to send me the email we discussed as soon as she gets time.

Regards

SRS

We have been reading your comments on the forum since March 07 and have found them to be very informative. We are in DJ11 and are really looking forward to getting our apartment asap and we hope that we will eventually be one community with DJ1.

We may be coming out in March so hopefully will meet up with some of you. We tried to view our apartment in July 07 but were chased away by the security guard. Thank goodness that someone appears to keep the place secure.

Look forward to reading more info especially about DJ11.

Hi Marionjoyce,

Welcome to our little community (us wanabee DJ's), we are also waiting more or less patient. What block in phase II are you in?

I hope that you will gain access to your apartment if/when you get there in March, or even better You get it handed over to you for good :o)

Hi all phase 2 owners,

Today I was contacted by my lawyer, who again was contacted by the developer. My Lawyer was told that they are ready to hand over the apartment, so my lawyer asked for the license, and the reply was that it was sent by mail, however it was not possible to recieve it by fax (so don't get to excited - it might be a "joke").

Never the less, we trust that we are getting closer to the D-day, also because our lawyer think that they don't have any problem to get access to the apartment to do the snagging report (let's see about that too).

Max: the other day I send you a PM, did you recieved it?

Hi (again)

Todays news is that my lawyer has been told that expected completion date for us will be end of February 2008 = .

Once again, I need to state that we (our lawyer) have not recieved the license from the developer.

Thanks for these news from "Eye in the night" - Can't you sleep?

I feel more confident when signs like that start showing up.

By the way, have anyone else heard from their lawyer about completion of phase II.

Hi Wichmann,

Yes,  we had an e-mail from our lawyer telling us that the licence will be granted at the end of the month.  He requested bank account nos. etc, and asked if we inteded to be there ourselves. It looks as if things are finally going to happen.Regards,

Monica and Seamus

Dear MarionJoyce.

We are also in blockm 5 phase 11.    Where are you?   Have you a hatch between living room and kitchen.  We are having a problm getting one even though we understood at the beginning that it would be there.

Monica

Dear rosegreen

We expected to have a hatch between the kitchen and lounge as we were told and according to the plan we have. When we asked at the builders office about this we were told that a hatch had never been on the plans and yet the drawing we have clearly shows a space for it. We have been into our apartment and there definitely is not a hatch, have you been able to gain access to your apartment to check.

Marionjoyce