16 Dec 2009 12:00 AM:
Hi Maria,
Just wondering if you can give us any advice on the following:
We are in Phase 3 of an unfinished development - Phase 4 is being built but Phase 5, along with our promised commercial centre and 5* Hotel are "on hold" indefinitely. Each completed phase has it's own Community set up to manage maintenance and finances of the particular phase. At the initial meeting to set up our phase community, we were informed by our Administrator (appointed by the builder) , that an "Entidad" for the entire development would be set up when all of the development was complete.
However, we have now been told by our Administrator that the "Urban Conservation Entity" will be set up next week. A meeting has been called for Mon 21st December to form the entidad and approve a budget.
We have 2 concerns :
1 - That we are being forced into forming the entidad BEFORE completion of the development. It seems to us that the builder is just off-loading the maintenence costs of the unfinished areas onto the residents. It is bad enought that we all paid premium prices for a 5* resort with a hotel, commercial centre etc. that has not been delivered - but now we have to pay extra maintenance costs for the unfinished areas?Can the builder force us to form the entity before completion of the development?
2 - The meeting to form the entity, and approve the budget, has been called for Christmas week!!!!! A cynical mind might think that a deliberate ploy on behalf of the builder to minimise the amount of residents attending! Many overseas owners, including myself, would find it impossible to attend a meeting that week...it's extremely inconvenient, not to mention very costly. Our administrator has given us 2 weeks notice, as required, but the timing of the meeting is ridiculous! We have asked the administrator to defer the meeting til mid / end January to allow owners to attend the meeting, but they say they cannot defer because the builder will stop paying his share of services etc. on 31st Dec, and therefore services will be affected. Is there any way we can force them to defer the meeting?
Any advice you can give us would be much appreciated.
Regards, Viv
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