Who is liable?

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09 Mar 2008 12:00 AM by liz Elford Star rating. 11 posts Send private message

Hi, I was wondering if anyone could offer some advice please? We are a small community many owners like myself only spending holidays at our home, our community was formed in June last year and like other newly formed communities we have the usual problems such as non payment of community fees etc but we were recently informed that one of the owners organised a work weekend to clean and tidy the community garden and pool area - what a fantastic idea most would say and I would agree, however, this person took it upon themselves to request volunteers to dig around the pool area and lay a path needless to say it appears to have gone wrong as there was a considerable amount of builders rubble under the grass.

We have asked what is going to be done to remedy this as we were told that a quote to put things right amounts to over 2000 euros and due to unpaid community charges there is no money to cover such an expense.

Each time we ask about anything we receive the same answer that we have to wait until the AGM in June for matters to be resolved but this is unacceptable as like others we feel that the committee should not have proceeded with such a task without consulting the other owners, there are 63 in total or at least getting the majority to agree. As many owners rent their properties out imagine what will happen if someone has an accident!

Any suggestions?





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01 Apr 2008 7:28 PM by celtelf2 Star rating. 15 posts Send private message

Perhaps contact your administrator once again and if no joy post on some other forums within Eye on Spain





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01 Apr 2008 9:40 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

This article might help you, after the reading if you have further questions, please let me know.

http://www.eyeonspain.com/spain-magazine/community-horizontal-5.aspx

Best wishes,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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01 Apr 2008 11:36 PM by celtelf2 Star rating. 15 posts Send private message

A great deal of information from Maria, gracias there are lots of points to consider but as in Liz' case we have a similar instance whereby some work was carried out in our communal area and the administrator along with the committee have erected a sign to make peopele aware of the potential danger but does a sign alone relieve the  community of any liability?



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02 Apr 2008 12:23 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar
I assume the community have an  insurance to cover civil liabilities which will cover any accident, and of course any work needs to be carried out by the due diligence and safety measures taken  by the builder, if not, of course it will be his responsability.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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12 Apr 2008 12:10 PM by promedia Star rating in Cheshire/Riviera del.... 134 posts Send private message

What a dilema, try to help and it goes wrong.

All i can say is dont gang up on the people that tried to do something to improve your community, believe me they are the heart and soul of your development.

!0 voulenteers and 50 others that will just sit back and complain when things arent right, every community has the same ratio of proactive residents and inactive terrorists who dont want to pay and have little respect or time for those that care about their investments.

nobody can stress how important the first 2 years are for a new community, thats when all the community rules and standards are set, you need a good presidente, a strong team of owners and importantly resident owners to ensure things happen and then an asdministrator that rules with a rod of iron and fires out letters to anyone who steps over the lines. You need to have a good cop, psyco cop team in your presidente and administrator so that the presidente doesnt fall out with the neighbours its the administrator running the show.

With regard to non payment of community fees, dont let this drag on (see the other threads on this) get legal letters in if they miss 2 payments, you will regret it like every other community if you dont. It takes years to get the money back so start sooner rather than later believe me. Everyone that lives on a community knows they have to pay community charges, but some think it doesnt matter. a legal embargo on them selling their property in the future seems to sort that out.

Coming back to the good owners that are trying to do things to improve the community, this will not be the only building problem you will uncover, there will be loads, and believe me we have had all the same problems.

Good luck and give the good owners all the support you can they only had right intentions.  



_______________________

Ian Cook - Golf Gardens Miraflores - The best place to live on the Costa del Sol

"A day without sunshine is like.................night"




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14 Apr 2008 6:49 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

Roberto´s avatar
Wise words indeed from Promedia. There is a large community (500+) near me where the outstanding community fees total over €100,000! One owner alone owes over 10K! This community is effectively bankrupt and going down hill fast. Stop the rot before it sets in.

_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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