(Sorry for the meannnig: Google traslation)
The management of the alleged "Community of Owners of the Urbanization the Cuartón" is provoking situations that will assume millionaire responsibilities, that will fall to all the owners.
This "alleged community" has irregularly assumed, throughout these years, the execution of infrastructure, its maintenance and the responsibility to third parties of what happens in the urbanization.
Of all the issues described below, the "alleged community" is making it co-reprehensible, because it acts on behalf of all, but it could be the case of having to respond individually for it, or having to assume costs that do not correspond:
1-Administrative Sanctions for fecal discharges and installation of sanitation piping.
The "alleged community" has been sanctioned several times by the Ministry of Environment due to the lack of sanitation network, fecal discharges, always in the northern area of the urbanization, and for not requesting permits for the installation of a pipe This is a new connection, which has occupied land owned by Guadalmesí Paradise, SL and was connected to a septic tank that provided exclusive service to the apartments.
2- Administrative Penalty. Emergency Plan.
The "supposed community" was responsible for the Emergency Plan of the urbanization in 2009, and the Ministry of Environment will punished again the "alleged community" for failing to implement the Plan.
The owners of urban plots, we are obliged to keep our plots clean to avoid risks.
The firewalls that must be done in the urbanization are located in the lands owned by Guadalmesí Paradise, SL, however this "supposed community" assumes its cost with charge to the budgets, that is to say that the owners are paying a job that corresponds to Investments
3- Demand of Guadalmesí Paradise, S.L. Against the "supposed community" by occupation of its property with a pipe.
The "alleged community" was sued by Guadalmesí Paradise, SL, to occupy its land with the aforementioned pipe, and the sentence, in its favor, forces the "community" to remove it and restore the land. The "supposed community", of course, has appealed this sentence to continue litigating. The legal costs will be thousands of euros. In addition to the cost of its installation, it will be necessary to add the administrative sanctions mentioned above, and their possible disassembly.
4- Demand
of Guadalmesí Paradise, S.L., against the "alleged community" for
occupation of its property with a building for mailboxes.
Again,
Guadalmesí Paradise, S.L., has sued the "supposed community" for
building mailbox banks on its property, and by the same reasoning as the
previous one, could get a judgment in its favor and the "supposed
community" must demolish them.
The
idea of mailbox batteries has always been rejected by neighbors, in numerous
"supposed assemblies", firstly because the owners do not have common
ground where to locate them, and secondly because, as residential urban land,
we are entitled to (See previous note of this blog), however, knowing all these
inconveniences this "supposed community" decides to build them, with
the only pretension that there is a common element that justifies its
existence. Note that they have installed mailboxes for the apartments, when
there already exists in the Pueblo
5-Demand
of Guadalmesí Paradise, S.L., against the "alleged community" in
claim reimbursement of quotas.
Again, again, Guadalmesí
Paradise, S.L., has sued the "alleged community" for the repayment of
the fees it has paid, amounts of hundreds of thousands of euros.
In
the judicial process, the alleged "community" asks the judge to
transfer the claim to each of the individual owners, so that the prosecutor
must file more than two hundred lawsuits. This will raise the legal costs
exponentially, that in case of success for the promoter the amounts to be paid
will be millionaire.
The
"supposed community" warns the owners that it is the same lawyer who
conducts all the defenses, but some owners who received this lawsuit, to avoid
those legal costs, have raided the claims of Guadalmesí Paradise, Sl, which
means that he does not oppose that this money be returned to Guadalmesí
Paradise, Sl.
6- Complaint of Guadalmesí Paradise, S.L, before the City of Tarifa for the bad state of septic tank on his property, as well as request that they be eliminated - Decree of Mayor.
Guadalmesí
Paradise, S.L. denounced before the City of Tarifa
This
septic tank is the aforementioned, exclusive use of the apartments to which the
"supposed community" connected the aforementioned pipe.
Guadalmesí
Paradise, S.L., reports that fecal spills occur to the natural park and that
such a grave is illegal, requesting that a new infrastructure be made outside
of its property.
The
City Council of Tarifa in response to this claim issued a decree - Mayoral
Decree - "Order of execution on the conditions of sealing and safety septic tanks SC1-it orders all the owners of urban land to carry out the repair of the facilities or a new purification system, and to the houses already constructed to guarantee the autonomous management of the residual waters until the time of functioning the purifier "which obliges all owners to pay for new infrastructure for an amount
of more than four hundred thousand euros, regardless of which owners are
connected.
7-Claim
of Guadalmesí Paradise, S.L., against the City of Tarifa
This
petition was rejected by the City Council, arguing that according to the Urban
Plan of Tarifa the streets and green areas must be delivered free of charge to
the City Council.
Faced
with this refusal, the prosecutor has filed a litigation against the City
Council, last year, Guadalmesí Paradise, SL, owner of the estate of the Cuartón urbanization, asked the City of Tarifa
But who
should pay for these infrastructures? Due to the "ambiguity" in the
Urban Plan, as well as the existence of a writ of loads on the property, the
responsible would be the owner of those state: streets and green areas, that is to
say, Guadalmesí Paradise, S.L.
The same
happens with the conservation of these infrastructures, the obliged is the
owner of the state, until their delivery or cession to the
City.
Do you
remember that the "supposed community" freed the owner estate Cuartón What may happen is that due to the negligence of the City of Tarifa, and the "wrong" approach of a few owners, Guadalmesí Paradise SL, get a judgment in their favor, and definitely be released from all their obligations and relying on the owners of Parcels and the City Council of Tarifa what corresponded to him like proprietor of the estate matrix, and for having obtained all the urbanistic benefits of the urbanization.
8-
Demand of the "alleged community" against owners who do not pay
their quotas.
The
opposition of owners who do not pay quotas to the "supposed community" is known and evident from the beginning of this "supposed
community" in 1998, so that the agreements and assemblies celebrated by
this "supposed community" of the years 1998, 1999,2000 and 2001 were
annulled in court.
Mainly
these opposing owners, who do not recognize the "supposed community wield
the following arguments that are intrinsic to their plot:
-Legal
security. Property registration. Doc: Simple note of the plot. There is no
Coefficient of Property. There is no horizontal division. There is no
Horizontal Property Law.
-Fiscal
Regime. Treasury. Cadastre. Doc: Cadastral Certification. Plot without
horizontal division.
-Urban
classification. City Council of Tarifa. Doc: Cédula Urbanística. Urban plot,
equipped with all services: "lighting, steel, roads, sanitation, etc.
These
owners consider that they are paying to the City Council of Tarifa an urban tax, IBI,
without these services exist and that the only document that governs in the
urbanization is the General Plan of the City Council of Tarifa, being this
entity the person in charge of all the urbanistic aspects : Implementation and
conservation of urbanization, and it is up to him to promote the necessary
instruments for this purpose.
The
idiosyncrasy and division of the owners, as well as the negligence of the City
Council of Tarifa, has allowed some gentlemen to maintain a "supposed
community", devoid of any common sense, if there is a community presupposes that the infrastructures have already been finished by
the developer and assumed by the owners. The "supposed community"
that, being aware from the beginning of the opposition of these owners, and
that in any case for a legal community existed demanded to be approved
unanimously, they preferred to follow a path that keeps all the owners in an
economic and social disruption.-
This
"supposed community" has only succeeded in harming the normal
functioning of urban legality, distorting the legal system, charging community
fees whose destination has been for the implementation of infrastructure, that
is, a landowner in the Jaras sector , Has paid for the infrastructure of an
owner of the Julia Traducta sector and that, according to the General Plan,
should be paid through Special Taxes, collected by the City Council of Tarifa, and each
owner would pay what corresponds to his sector.
If the
"supposed community" had made the same effort, since 1998, to claim
the City Council of Tarifa and / or the promoter-owner of the estate, its urban
planning obligations, perhaps we would have finished the urbanization.
Instead we
have a third world urbanization, which depreciates the value of our properties,
and this "supposed community" is responsible.
9- Lack of
transparency of the so-called "community".
Recently,
an owner, current with payment of community fees, asked the administrator to
view the documents proving expenses, as well as have limited access to the
community bank account, and his request was denied by the administrator on the
grounds that he did not have None of these documents and that the bank accounts
only have access to the president and administrator, when there is no risk of
restricted access to said account.
This is but
a clear example of an obstructionist and anti-democratic attitude to the
owners' knowledge of the expense documents they pay with their fees.
10- Expenses of this so-called "community".
Among the
expenses that this supposed "community" assumes is the clearing of
the edges of all the streets, and borders of other lands that are owned by
private owners, and in its great majority great extensions of lands that are of
Guadalmesí Paradise, S.L.
If as we
have seen, this promoter asked the City of Tarifa to expropriate the streets
and green areas, so that they become property of the City, that is, they will
pass from property of the promoter at the property of the City Council of Tarifa, because, We
have to pay maintenance that would correspond to this promoter or to the own
City Council? But never to the parcel owner because they pay urban taxes, I.B.I., to the City Council.
As with all
other expenses of this "supposed community"
More than
forty years since the beginning of this "urbanization", hundreds of
lawsuits, countless reports, numerous files, etc., hundreds of thousands of
euros in lawyers, administrators, lost amounts, that have not served to make
our urbanization complete , Precisely because it was the responsibility of the
City of Tarifa to manage the urbanization, but it has been left in the hands of
a few owners, who claim to represent us all with the name of "community of
urbanization" invented.
Are they
going to continue allowing the supposed "community" to represent
them? Are they going to let the so-called "community" drag us to
assume some millionaire responsibilities ??
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