COSTA ESURI - AYAMONTE
#2926
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agreed but my aim is to provide people with factual information as and when I obtain , to that end I dont seek, or want, any commentary opinion.
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#2927
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PLOT OWNERS:
I've discovered that a certain person who shall remain nameless but has a vested interest in the owners of the plots has been contacting said owners telling them all that they must complete now.
Thinking this to be a bit dubious, I managed to find out the following.
As expected, the judge signed off on the Voluntary Admin yesterday. What happens next is that an announcement must be made in all major newspapers telling creditors that they have 30 days to register the debt owed to them. The 30 day period begins after the LAST announcement appears.
HOWEVER, plot owners are NOT creditors and are not affected by the above. What you have is a contract with Fadesa that has not been completed/honoured (if that is indeed the case). If you believe that the terms of your contract have not been completed, you can launch an action against Fadesa for not executing the terms of the contract as laid out. That is a seperate process to the creditors.
Therefore, with that in mind, there is no immediate rush to complete just to fall in to the time frame of the Creditors Registration Period.
I hope this puts some people's minds at rest
I've discovered that a certain person who shall remain nameless but has a vested interest in the owners of the plots has been contacting said owners telling them all that they must complete now.
Thinking this to be a bit dubious, I managed to find out the following.
As expected, the judge signed off on the Voluntary Admin yesterday. What happens next is that an announcement must be made in all major newspapers telling creditors that they have 30 days to register the debt owed to them. The 30 day period begins after the LAST announcement appears.
HOWEVER, plot owners are NOT creditors and are not affected by the above. What you have is a contract with Fadesa that has not been completed/honoured (if that is indeed the case). If you believe that the terms of your contract have not been completed, you can launch an action against Fadesa for not executing the terms of the contract as laid out. That is a seperate process to the creditors.
Therefore, with that in mind, there is no immediate rush to complete just to fall in to the time frame of the Creditors Registration Period.
I hope this puts some people's minds at rest
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#2928
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Let's remain positive.
AandJ
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#2929
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Just to lighten the tone a little. What's the mozzie situation like at the moment? There have been one or two stories in the UK press about a lot of big stingy mozzies around the Med. Esuri is Mozzie territory (although we did see the contractors spraying all around Marina Esuri in June). Just wanted to know if we need to bring heavy duty Deet when we come next month ![Smile](https://britishexpats.com/forum/images/smilies/smile.gif)
Mike & Linda
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Mike & Linda
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#2930
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Rago 1 owners, if you know what is good for you do not let ADA take over your community. For the sake of one summer’s swimming pool; rushing into a community with ADA, appointed by Fadesa, will end up costing you all far more in the long run.
You could well end up paying, not only for the fuel, the generator and so on but consider the other three developments given to ADA (previously AEA) by Fadesa; all three have ended up with two years back payments for water because the administration neglected to contract community water at the beginning of the communities and neglected to budget accordingly. Therefore owners are paying a lump sum now for Fadesa's usage during the set up of the gardens etc as well as some owners who only just completed are paying for two years water when they were not even owners.
Yes, Fadesa should have paid or be made to pay – when you see those flying pigs, maybe the communities will get money from Fadesa. ADA had no intention of even trying, and that was before this fiasco.
Of the three ADA ‘managed’ phases,
One has an Intercommunity budget alone (that’s just the roads, not even including the Manzana gardens or pools) for 2008 of €110,000.00 - twice that of other companies offering services to the community.
One cost €450,000.00 to service in 2007; that wasn’t even enough, they also told owners they had to cover a massive shortfall.
One, no numbers to show, have apparently gone into bankruptcy due to overspending and lack of funds.
ADA say it’s due to non payers - mostly Fadesa.
What are you going to do next year with an over inflated budget supposedly divided into the number of properties on Rago 1 – are Fadesa going to pay their portion ?? ADA have not had a great deal of luck so far; you will end up in debt before you even get off the ground.
Rago 1 owners, there is enough historical evidence on Costa Esuri to advise you not to allow ADA anywhere near your community.
According to the minutes recently posted from the first meeting when the constitution was established; that meeting took place in May 2007 when Manuel Rodriguez Perez was named administrator, ADA are not mentioned anywhere. Fadesa were 100% owners.
There is supposed to be an AGM each year to elect presidents and to choose your own management company, services etc.
You do not have to select a management company; don’t be led to believe you need one. The only thing a community needs, by law, is a president. You are entitled to run your own affairs.
The first meeting was over a year ago; even if Manuel Rodriguez Perez was named administrator, in theory his first year is up; therefore he should have no business in your community. Unless you elect him !
You are a only few private owners at the moment – find a way to organise yourselves; choose a management company who will look after YOUR interests.
Costa Esuri historical fact will tell you that ADA and their connections will not.
Seek legal advice from someone who is not connected to Fadesa.
You could well end up paying, not only for the fuel, the generator and so on but consider the other three developments given to ADA (previously AEA) by Fadesa; all three have ended up with two years back payments for water because the administration neglected to contract community water at the beginning of the communities and neglected to budget accordingly. Therefore owners are paying a lump sum now for Fadesa's usage during the set up of the gardens etc as well as some owners who only just completed are paying for two years water when they were not even owners.
Yes, Fadesa should have paid or be made to pay – when you see those flying pigs, maybe the communities will get money from Fadesa. ADA had no intention of even trying, and that was before this fiasco.
Of the three ADA ‘managed’ phases,
One has an Intercommunity budget alone (that’s just the roads, not even including the Manzana gardens or pools) for 2008 of €110,000.00 - twice that of other companies offering services to the community.
One cost €450,000.00 to service in 2007; that wasn’t even enough, they also told owners they had to cover a massive shortfall.
One, no numbers to show, have apparently gone into bankruptcy due to overspending and lack of funds.
ADA say it’s due to non payers - mostly Fadesa.
What are you going to do next year with an over inflated budget supposedly divided into the number of properties on Rago 1 – are Fadesa going to pay their portion ?? ADA have not had a great deal of luck so far; you will end up in debt before you even get off the ground.
Rago 1 owners, there is enough historical evidence on Costa Esuri to advise you not to allow ADA anywhere near your community.
According to the minutes recently posted from the first meeting when the constitution was established; that meeting took place in May 2007 when Manuel Rodriguez Perez was named administrator, ADA are not mentioned anywhere. Fadesa were 100% owners.
There is supposed to be an AGM each year to elect presidents and to choose your own management company, services etc.
You do not have to select a management company; don’t be led to believe you need one. The only thing a community needs, by law, is a president. You are entitled to run your own affairs.
The first meeting was over a year ago; even if Manuel Rodriguez Perez was named administrator, in theory his first year is up; therefore he should have no business in your community. Unless you elect him !
You are a only few private owners at the moment – find a way to organise yourselves; choose a management company who will look after YOUR interests.
Costa Esuri historical fact will tell you that ADA and their connections will not.
Seek legal advice from someone who is not connected to Fadesa.
They will have to do the British thing form an underground committee and act in concert to be as smart as Fadesa.
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#2931
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Why are plot owners any different to apartment/townhouse owners? They have all signed a private contract with Fadesa and paid 50% of the purchase price by now. Are you saying that unlike the gennie hire company or the drain contractor they are all not creditors but are another class of outstanding uncompleted purchasers and therefor will not be able to register? If so how do they protect their investment if not by completion? Or by launching your action are you saying they should be seeking to have their Private Contract declared null and void because of non-performance on Fadesa's part. That has been an option from the date the PC went past the due completion date.
The answer came back to me that there is a difference between those who have paid deposits etc and have contracts to those who are owed money due to non payment of debts. This 'Concurso de Acreedores' means that those DIRECTLY OWED MONEY by Fadesa should register their claim.
Those who are in dispute over their contracts can take action as the terms of the contract were not properly completed.
Taking this to its next logical step - AND THIS IS PURELY MY CONJECTURE AND NOT LEGAL ADVICE - should you successfully sue the company over the incompletion of the contract and they fail to pay you what the judge would order them to pay, I assume you would then turn into a creditor.
Check with your lawyer obviously. As I see it and as it was explained to me this morning, it is quite a clear distinction
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#2932
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Thats the whole point I am upbeat about Ayamonte thats what drew us to this area in the first place. CE is just a suburb of Ayamonte and it is also very very nice (more anon) in fact it is not really Costa but PUENTE ESURI on all the legal documents I have such as Private Contract, Escritura, Building Contract, Council Tax and I would bet electricity contract if I could get one (if only). Perhaps we should petition the council to change the signboards to dump all this bad mouthing in the press.
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#2933
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The Fadesa Administration issue is obviously very important to many people who read/contribute to this thread, myself included. But I don't think posts on other issues, however trivial or even jovial should be precluded.
In fact it makes a nice change, at least it takes your mind of 'the sleepless nights issue' for a moment or two.
Personally, I would prefer all Esuri/Ayamonte posts on one thread, I don't have enough time to read several threads. Just my thoughts anyway.....
In fact it makes a nice change, at least it takes your mind of 'the sleepless nights issue' for a moment or two.
Personally, I would prefer all Esuri/Ayamonte posts on one thread, I don't have enough time to read several threads. Just my thoughts anyway.....
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#2934
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" ...Whilst they remain the majority owner and pay their fees they ..."
Q1. Have they paid any fees at all to date?
Q2. Will they pay any fees from now on?
Q3. Do answers to these questions reveal anything about their voting status?
Regards
Q1. Have they paid any fees at all to date?
Q2. Will they pay any fees from now on?
Q3. Do answers to these questions reveal anything about their voting status?
Regards
There is one stumbling block to this and it is that Fadesa set up the Community the day before releasing the apartments for completion and are therefore able to appoint the managing agent. Whilst they remain the majority owner and pay their fees they can out-vote the other owners.
They will have to do the British thing form an underground committee and act in concert to be as smart as Fadesa.
They will have to do the British thing form an underground committee and act in concert to be as smart as Fadesa.
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#2935
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Pretty irresponsible scaremongering journalism.
I hope that couple in the story feel pleased with themselves. How, in God's name, has that helped the situation? Are these people so dumb that they think Fadesa - with all their current problems - are going to look at that and say, "Shit, you know, what were we thinking? There we were concentrating on these people losong their jobs and the possibility of us dragging a couple of banks down with us due to their exposure to our debt when the REAL issue is a loss of rental earnings on Costa Esuri."
It's idiots like that who will never have any concept of the damage they have done to the area as a whole, not just the "eyesore" that is Esuri. (Their words not mine)
I hope that couple in the story feel pleased with themselves. How, in God's name, has that helped the situation? Are these people so dumb that they think Fadesa - with all their current problems - are going to look at that and say, "Shit, you know, what were we thinking? There we were concentrating on these people losong their jobs and the possibility of us dragging a couple of banks down with us due to their exposure to our debt when the REAL issue is a loss of rental earnings on Costa Esuri."
It's idiots like that who will never have any concept of the damage they have done to the area as a whole, not just the "eyesore" that is Esuri. (Their words not mine)
It is not CDS as the headline says, the photo, if it is Esuri at all, is the hotel, as far as I could tell all of the major site infrasructure that Fadesa were to provide is there and usable.Those areas that were to be developed by Fadesa direct the RAGOs, RAVs and Pueblo Adaluz are to all intents complete. Also Pracsa have finished Albatros Golf I phase one and two and Albatros Golf II is complete. There are many developments at the top of the site steaming ahead and some are complete again these are not by Fadesa. The worst part is the comment on the golf courses both are complete and in use in fact Golf I looks superb and Golf II is catching up and all those who really play golf say they are very different but very good. Th view from my terrace is verdant not bare earth.
If this couple bought off plan they did not choose their location with great care if it is as they describe, I suspect the bare earth they can see is the plots that surround the perimeter of each course and will take a while yet to be developed but then they will complain their outlook has been blocked. You just can't please some people.
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#2936
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GOOD NEWS: (or if you are Yorkshire Scratcher or one of his cronies, bad news as it is one less thing to moan about)
Finally had the meeting with the council today who have assured me that ALL ELECTRIC SERVICES (INCLUDING GENERATORS) WILL BE MAINTAINED. This is a basic right so they say they have to ensure it is provided. As for the generators, they will not just maintain it for a month as previously posted but FOR AS LONG AS IT IS NECESSARY to ensure the full mains supply.
Other services, such as the upkeep of the area, rubbish colection and street cleaning etc will be maintained on a minimum level. There are too many people who have not paid their council tax. Come on guys, your council tax has nothing to do with Fadesa so if you want to keep your services going, pay up like everyone else. It is Ayamonte people's tax euros that will help maintain the Esuri site, the least you can do is match them. I know many of you have paid, but the rest need to do so also. Just go down to the council to pay your bill - and avoid the fine.
Finally had the meeting with the council today who have assured me that ALL ELECTRIC SERVICES (INCLUDING GENERATORS) WILL BE MAINTAINED. This is a basic right so they say they have to ensure it is provided. As for the generators, they will not just maintain it for a month as previously posted but FOR AS LONG AS IT IS NECESSARY to ensure the full mains supply.
Other services, such as the upkeep of the area, rubbish colection and street cleaning etc will be maintained on a minimum level. There are too many people who have not paid their council tax. Come on guys, your council tax has nothing to do with Fadesa so if you want to keep your services going, pay up like everyone else. It is Ayamonte people's tax euros that will help maintain the Esuri site, the least you can do is match them. I know many of you have paid, but the rest need to do so also. Just go down to the council to pay your bill - and avoid the fine.
I paid my council tax Tuesday all €213 of it. It has gone up €3 this year from what Fadesa paid last year but it is stll 10% of what I pay here in Milton Keynes and we only get our bins emptied once a week!
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#2937
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That is excellent news, thanks for that. We have no issue with paying our Council Tax, but have been told that it is not due until the year after we have completed, and is paid between September and July!! Is this true, does anyone know about this. It will mean that ours is due from September if so, as we completed last year??????
Lynn
Lynn
It is a bit more complicated than when it is due for a new owner. It first of all depends who is in ownership of the property on the first of January they are liable for the tax. They may seek to apportion it if you complete part way though the year but you would have to agree to this.
We completed in Feb 2007 and I found out in October 2007 that Fadesa had paid the full year and did not seek part refund from me at completion so my full liability was from 1 Jan 2008 to be paid between June and September 2008.
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#2938
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Whether or not they have electricity is not necessarily the concil's concern - council tax is not for electricity.
That said, the council, as stated before, have committed to ensure the electric supply (generators) regardless. This is a service that should be the responsibility of others. As an aside, although not an ideal situation for many of who do have to rely on the generators, I presume you are not paying so as such you are getting free electricity whilst others on site have to pay. I could be wrong on that.
Anyway, the council have stepped up to the plate. Whatever your feelings about them, whatever wrongs they have done in the past ( and it is a long list) this gesture should be welcomed.
That said, the council, as stated before, have committed to ensure the electric supply (generators) regardless. This is a service that should be the responsibility of others. As an aside, although not an ideal situation for many of who do have to rely on the generators, I presume you are not paying so as such you are getting free electricity whilst others on site have to pay. I could be wrong on that.
Anyway, the council have stepped up to the plate. Whatever your feelings about them, whatever wrongs they have done in the past ( and it is a long list) this gesture should be welcomed.
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#2939
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I would also add that it is important for all owners to sign on the PADRON so that the council get the correct Government allocation of cash. Jon you might suggest that the Mayor staffs the Padron desk with an English speaker (the current lass is great but others are more embarrassed than me to make fools of themselves and banter until the job is done so might give up) and put out some publicity in the 3 major developments Isla Canela, Mirador Guadiana and CE about the Padron and the benefits (cash) the town gets for it being accurate.
I paid my council tax Tuesday all €213 of it. It has gone up €3 this year from what Fadesa paid last year but it is stll 10% of what I pay here in Milton Keynes and we only get our bins emptied once a week!
I paid my council tax Tuesday all €213 of it. It has gone up €3 this year from what Fadesa paid last year but it is stll 10% of what I pay here in Milton Keynes and we only get our bins emptied once a week!
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