When will we have our garage?

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16 Apr 2007 12:00 AM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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We purchased our apartment about 4 years ago and at the same time paid for a parking space which is located underneath the building. The garage was supposed to have an automatic opening and closing electronic door..in fact, the wires are there!!...but no automatics!

The apartments were 'handed over' some 3 years ago, BUT the garage was not, so it is still officially belonging to the builder. Only about 30 of the parking spaces were sold. Despite having paid the full amount for the parking area and having it on our deeds we still have not got what we paid for.

Many e mails and letters, both in Spanish and English, have flown to the builder and several personal visits have resulted in a big fat NOTHING.

The situation is made worse because all the Community water rooms, sewerage pipes, lift shafts etc. are in this garage area.

We have had a lot of flooding in the garage which, until we built a 'sleeping policeman' arrangement ( in order to stop the water from going into the garage..which it did ) and this pumping out of this water has caused disgruntlement within the Community...ie......some would say that the people who own the garage spaces should pay.

When the flooding occurs, not down the garage slope, thanks to the 'sleeping policeman', but through the wall broken by the builder in an attempt to sort ( ? ) out the problem, the lifts have to be turned of because of course water finds the lowest point..which is the Communal lift shafts.

At the AGM it was decided to persue the builder to claim back all money spent, but this is bound to be a long, long drawn out episode.

BUT how do I get my automatic doors????????????????????????????????????????????????

Sorry to write ( ramble ) on, but sometimes it's all got to come out!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


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16 Apr 2007 9:46 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

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You should probably take t up with your lawyer - perhaps the community or those of you that are garage owners could form a sub - community to fund any legal expenses that relate to getting the automatic doors sorted

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16 Apr 2007 9:51 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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Our Communit lawyer has had no success with the builder so far.

I love your idea of the 'community of garage owners' getting together to sort it but having seen how they operate in the 'big' community of owner, I don't hold out much hope of that happening. You know what people are like, in general, big moans...no action ( this is from experience.)   Ours is a big community but with only a few active.

Thanks for your comments though.


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16 Apr 2007 9:54 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

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Perhaps PM one of the lawyers in EOS and see if they have suggestions - Spanish Inquisition and Maria de Castro may be able to help or make a suggestion. One needs to be assertive with many lawyers here to get action

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17 Apr 2007 12:06 AM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Hi Karen, just some thought to add:

The garage was supposed to have an automatic opening and closing electronic door..in fact, the wires are there!!...but no automatics!

Did the contract definitely specify automated doors? Probably did, but may be as well to check the small print. Bit like the usual promise of a garden - it's sometimes down to individual interpretation.

the garage .............is still officially belonging to the builder. Only about 30 of the parking spaces were sold. Despite having paid the full amount for the parking area and having it on our deeds.......

So, if it is on your deeds, you own your space, as do 30 or so others. (Did the building get it's FLO?) The rest are still "owned" by the builder, who is therefore a member of the community and should be paying his quotas accordingly. (I'm guessing he's also a majority member which will make things harder)

has caused disgruntlement within the Community...ie......some would say that the people who own the garage spaces should pay.

Unless every apartment in the community has a corresponding garage place which is "indivisable" i.e. cannot be seperated, you should be paying seperate quotas for your apartment & garage. It is understandable therefore that those who do NOT own garage spaces, will want to be reassured that any expenses arising from the garage should be covered by the corresponding quotas, and NOT from general maintenance funds. However, if the lift is affected by the flooding (which can cause long term damage leading to costly repairs), this would presumably affect also those who do not have garage places (if it's the same lift used to reach upper floors and apartments).

Have no idea where you go from here. Sounds like a tricky one. I would suggest getting quotes for completing the automation of the doors, as well as a pump system, so you know what sort of figure you're looking at, then see if you can force a vote through for the community to pay for these. If the builder is still a majority owner, he'll end up paying the majority. Just a thought. Sorry I can't be more helpful. I'm a little pre-occuppied with our own flooding garage and lift shaft!


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17 Apr 2007 8:47 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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Thanks for all that Roberto. Just got back from England so will study it in more detail tomorrow when less tired but it looks interesting. And thank you for taking an interest.

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