making an urbanization legal

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28 May 2014 4:16 PM by poniente5 Star rating. 12 posts Send private message

We bought 4 years ago but was only at the latest AGM recently. We kept hearing the words 'until the urbanisation is legal' we cannot sue the non community fee payers. This alarmed us why is it not legal what do we have to do to make it legal. Its well run with money in the bank but has some bad payers, only a few. We do not seem to able to get a straight answer what do we have to do to make it legal? Does anyone know the process. President wants to resign after doing the job for a number of years but no one wants to take the job on when we cannot get an answer to our question.  The urbanization was built over 30 years ago all the houses are legal.





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28 May 2014 6:23 PM by nigel188 Star rating in Estepona. 655 posts Send private message

Suggest you ask Maria De Castro of Costaluz Lawers this question. She has a Legal Blog on this Forum with well informed Legal Tips going back quit a number of years.

Good Luck with your enquires.



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Nigel




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28 May 2014 9:07 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

I would need to have more details

Cheers!

Maria



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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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29 May 2014 7:06 AM by poniente5 Star rating. 12 posts Send private message

I think maybe I  am using the wrong word perhaps I mean how do we register our urbanization. Our presidenta is Spanish speaking also English but does not read or write English. Her husband died recently. So things have become hard for her hence we are trying to sort things out. We do not have an administrator just the presidenta secretary and treasurer. What other information do you require.





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29 May 2014 9:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Legality of an urbanization ( or development) means mainly existence of First Occupation License.

The First Occupation License is a license which states that what it has been built  isadjusted to the  work Project who obtained License by the Local Planning Authorities.

The FOL verifies if the building can be assigned to its legal use, because it is located in a proper  planning zone and if  it meets the basic safety and health conditions. It also confirms that  the builder has fulfilled his commitments on urbanisation of the surrounding land.

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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29 May 2014 11:26 AM by acer Star rating. 1538 posts Send private message

Hi Poniente5,

Not really wishing to but in at all, but the FOL is otherwise known as the "Habitation Certificate".  This is a very basic issue, if you you're unsure if the property holds one you might ask the solicitor who did the conveyance for you.  If the answer is "no" you want to know "why not".  Then you might be in a better position to give Maria more meaningful information upon which to reply.



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Don't argue with an idiot, he will drag you down to his level and beat you with experience.



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29 May 2014 2:58 PM by poniente5 Star rating. 12 posts Send private message

Thank you both I am going to Spain next week so I will ask some questions. No doubt my neighbours will be asking questions too. Four houses have changed hands since we bought so if there is no FOL we will all be asking the same questions.





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