26 Mar 2008 2:06 AM:
The situation seems rather strange - I take it there is property that is collectively owned by the owners. The development has arisen in bits and pieces and so the property deeds are a mix of all sorts.
A community of owners has one purpose and that is to maintain communal property. The Horizontal Property act originally was drawn up in 1960 clearly define how this should be carried out. Community fees are paid to maintain the community property.
The town hall has agreed to take on certain areas - you are 'giving' the town hall property and having adopted this property it will look after it. There still appear to be community expenses which do not fall to any individual owner. If you form a community, which I would have thought was inevitable there will be a clear framework to maintain property by; with the controlling body - the community - having a legal status. Everyone must contribute to the running of communal property with debts being legally enforcible.
It is rather ironic. I have property on one of the Polaris World golf resorts in Murcia, at La Torre, and we have fought really hard to get control over our community from the builder, and get Polaris out of our hair. That does not mean we are letting Polaris off if there are faults in community property but we simply want control over running our own affairs.
We formed an Association of owners in January 2008, as we had been denied an annual general meeting in the previous year. We were very organised and formed a committee, had membership fees, developed an Association website - http://www.polarisworld.uk.net , all in an attempt to gain control. We have had the help of an administrator for free but that was because the 'official' administrator was not willing to help us.
When we finally do gain control over the community, the Association may well simply become a social group. So we will have both.
I think your answer lies by addressing the question - what function and needs do we need dealing with?
If the answers are running community property, collecting fees to do this and general administration the answer is you should form a community of owners - if the answer is something else then a community has no role as legally the only reason for 'communities' to exist is to do this
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