Costa Esuri - Ayamonte - EUC
#256
Forum Regular


Joined: Sep 2006
Posts: 87

which coefficent the community or the intercommunity i ask because on lomas my community charges on my manzanna are very similar to everyone elses with the same size property but with the intercommunity i pay virtually double to 3 no properties of the same size when i looked into it i noticed that on each manzanna the houses numbered 1-10 pay virtually 1/2 what everyone else is paying. when i brought this up with the president (2 years ago) he took it to the meeting and then to the council but they say the is nothing they can do about it because it is written in the deeds. now i believe there has been a simple miscalculation which should of been able to rectify so we all paid roughly the same but nothing in spain is as simple as that ,so is the euc goining to use the intercommunity coefficent or the community coefficent or does it have a coefficent all of its own(god its complicated)
#257
Complicated? You said it!!If it weren't so serious it'd be bl**dy hilarious!
So much for a restful Sunday...
Ah, yes, "God is a lawyer."

He created the EUC.
!Despiertate, Spanish_lawyer! (Wakey, wakey!) Please help by being a bit open about how you go about lodging your appeal. You, I assume, are doing so on your own behalf and not that of others? Will you as a lawyer not be penalised for late payment because you have filed an appeal? For all I know, you could be the devil in disguise?
#259






Joined: Mar 2006
Posts: 1,980

Well your conclusions are different from what I read in the post
The dramatic bit was announcing on an open forum that the EUC are running an illegal scam in conjuntion with the council, surely a lawyer should know better ?
The dramatic bit was announcing on an open forum that the EUC are running an illegal scam in conjuntion with the council, surely a lawyer should know better ?
And I´m sure there are more users here touting for work....
#260
Forum Regular



Joined: Nov 2009
Posts: 245


which coefficent the community or the intercommunity i ask because on lomas my community charges on my manzanna are very similar to everyone elses with the same size property but with the intercommunity i pay virtually double to 3 no properties of the same size when i looked into it i noticed that on each manzanna the houses numbered 1-10 pay virtually 1/2 what everyone else is paying. when i brought this up with the president (2 years ago) he took it to the meeting and then to the council but they say the is nothing they can do about it because it is written in the deeds. now i believe there has been a simple miscalculation which should of been able to rectify so we all paid roughly the same but nothing in spain is as simple as that ,so is the euc goining to use the intercommunity coefficent or the community coefficent or does it have a coefficent all of its own(god its complicated)
#261
Forum Regular



Joined: Nov 2009
Posts: 245


I DON´T WORK IN HUELVA.... AND I HAVE GIVEN A APPEAL FOR SOMEBODY TOTALLY FREE.
#262
Forum Regular



Joined: Nov 2009
Posts: 245


Hello Spanish_lawyer,
Please could you send me a copy of your document via this forum's email facility? As you have now posted more than 4 times on this forum, you are able to communicate via PM or email by clicking on the person's name (to the left of the post & above the avatar). A menu will drop down. Thank you. I HAD JUST SEND THIS DOCUMMENT.
I understand the connection you have made with the mayor's name and the name of the law firm hired by the EUC board to carry out administrative duties for the EUC. There were 2 articles in the local newspapers (around 10 days ago) referring to a "querella" or complaint, between the two local political parties, the PP and (the mayor's) PSOE.
MY PRIORITY IS COSTA ESURI, I HAVE A PROPETY THERE. REALLY I AM NOT INTERESTED IN IT AYAMONTE´POLITICAL. BUT WHEN I KNOW THAT MAYOR BELONGS A LAW FIRM THAT MUST TO ADMINISTER CE, THE POLICAL IS IMPORTANT FOR ME. I DON´T UNDERSTAND WHY THE MAYOR DOESN´T DO HIS WORK: TO DEMAND TO FADESA IN ORDER TO THAT IT FINISHES THE DEVELOPMENT.
"I wish a lawyer would step in and sort it all out."
Regarding the legality of the EUC (the legitimacy of the EUC is another matter, as pointed out by MikeJ - I believe there is a deadline for when the EUC can be registered on the Junta de Andalucia's books?), here is my understanding of it (BTW, I am NOT a lawyer):
1. It's formation is written in the "escritura", but without mention of a time frame, or, I believe, the ayuntamiento receiving it.
2. The 2005 "estatutos" for the proposed EUC of Costa Esuri were ammended shortly before Martinsa-Fadesa went into administration. The EUC could be formed prior to the completion of the urbanisation. My question is: Has anyone seen a copy of the newly formed EUC Costa Esuri constitution?
I EXPLAIN TO YOU THIS (THIS IS VERY COMPLICATED EVEN FOR SPANISH LAWYERS). I HAVE SAW ALL DOCUMENTS. BUT YOU SAY IMPORTANT INFORMATIONS: 1) 2005: FIRST "ESTATUTOS" (BYLAWS????, SORRY I DON´T KNOW TRANSLATION IT); 2) THIS "ESTATUTOS" HAD BEEN MODIFICATED TWICE (THE OWNER DON´T THE OWNERS DID NOT VOTE FOR ANYTHING); 3) NOWADAY, EUC ARE CONSTITUTED BUT LEGALLY A EUC HAVE TO SET ONESELF UP WHEN THE DEVELOPMENT ARE FINISHED AND THE COUNCIL AND FADESA SIGN "ACTA DE RECEPCIÓN" (ACKNOWLEDGEMENT OF RECEIPT???. SORRY, MY ENGLISH IS VERY, VERY BAD AND MY ENGLISH LAW THE WORST!!). DEFINITIVELY, THIS CONSTITUTION IT IS LEGALLY, SINCE THERE DOES NOT EXIST "ACTA DE RECEPCIÓN".
"Lord, I wish a lawyer would step in and sort it all out."
John&Kath mentioned a good point about paying the EUC fee yet seeking more information about an "Asociacion de vecinos". I HAVE NOT HEARD ABYTHING ABOUT IT, BUT I BELIEVE THAT IT IS NOT A BADIDEA, BUT IT´S VERY, VERY, VERY DIFFICULT TO REALIZE. YOU, NO RESIDENT PROPERTIES, ARE VERY COMPLICATED TO LOCATE. NOBODY (EXCEPT THE TOWN HALL, OF COURSE!!) HAS THE PERSONAL INFORMATION OF THE OWNERS.
MikeJ mentioned another good point about possible defects in the structure of the urbanisation. I know of one other person who has asked this question: Who pays for the fixing? The ayuntamiento? Martinsa Fadesa's 6M promisory note?
The EUC Costa Esuri?
VERY GOOD QUESTION. LEGALLY: THE DEFECTS HAVE TO COST FADESA. WHEN FADESA FINISHED, THE COUNCIL CHECK THE WORK AND THEY SIGN THE "ACTA DE RECEPCIÓN". FROM THIS MOMENT, NOT BEFORE, WE MUST TO PAY THE CONSERVATION. THE ACTUAL PROBLEM IS: THE WORKS HAVE NOT BEEN FINISHED NOT VERIFIED EITHER, THE "ACTA DE RECEPCIÓN" HAVEN´T BEEN SIGNED, BUT THEY WANT THAT WE PAY THE CONSERVATION. IT´S THE ILLEGAL PROCEDURE.
A "Catch22" situation indeed. Pay the EUC fee, so as not to incur a penalty, plus the worry of whether or not the ayuntamiento/junta will come after the money? Pay the EUC fee, in order to gain some sort of representation at the AGM (still to be proved) at the end of December?
I HAVE APPEAL. LEGALLY I HAVE I HAVE ASKED FOR THE SUSPENSION OF THE EXECUTION OF PAY.
...And God did answer, "I am a lawyer."
JA, JA, JA. I HAVE LISTENED TO THE SAME THING, BUT FINISHED IN DEVIL!!!!!!!!
Saludos,
Carol
Please could you send me a copy of your document via this forum's email facility? As you have now posted more than 4 times on this forum, you are able to communicate via PM or email by clicking on the person's name (to the left of the post & above the avatar). A menu will drop down. Thank you. I HAD JUST SEND THIS DOCUMMENT.
I understand the connection you have made with the mayor's name and the name of the law firm hired by the EUC board to carry out administrative duties for the EUC. There were 2 articles in the local newspapers (around 10 days ago) referring to a "querella" or complaint, between the two local political parties, the PP and (the mayor's) PSOE.
MY PRIORITY IS COSTA ESURI, I HAVE A PROPETY THERE. REALLY I AM NOT INTERESTED IN IT AYAMONTE´POLITICAL. BUT WHEN I KNOW THAT MAYOR BELONGS A LAW FIRM THAT MUST TO ADMINISTER CE, THE POLICAL IS IMPORTANT FOR ME. I DON´T UNDERSTAND WHY THE MAYOR DOESN´T DO HIS WORK: TO DEMAND TO FADESA IN ORDER TO THAT IT FINISHES THE DEVELOPMENT.
"I wish a lawyer would step in and sort it all out."
Regarding the legality of the EUC (the legitimacy of the EUC is another matter, as pointed out by MikeJ - I believe there is a deadline for when the EUC can be registered on the Junta de Andalucia's books?), here is my understanding of it (BTW, I am NOT a lawyer):
1. It's formation is written in the "escritura", but without mention of a time frame, or, I believe, the ayuntamiento receiving it.
2. The 2005 "estatutos" for the proposed EUC of Costa Esuri were ammended shortly before Martinsa-Fadesa went into administration. The EUC could be formed prior to the completion of the urbanisation. My question is: Has anyone seen a copy of the newly formed EUC Costa Esuri constitution?
I EXPLAIN TO YOU THIS (THIS IS VERY COMPLICATED EVEN FOR SPANISH LAWYERS). I HAVE SAW ALL DOCUMENTS. BUT YOU SAY IMPORTANT INFORMATIONS: 1) 2005: FIRST "ESTATUTOS" (BYLAWS????, SORRY I DON´T KNOW TRANSLATION IT); 2) THIS "ESTATUTOS" HAD BEEN MODIFICATED TWICE (THE OWNER DON´T THE OWNERS DID NOT VOTE FOR ANYTHING); 3) NOWADAY, EUC ARE CONSTITUTED BUT LEGALLY A EUC HAVE TO SET ONESELF UP WHEN THE DEVELOPMENT ARE FINISHED AND THE COUNCIL AND FADESA SIGN "ACTA DE RECEPCIÓN" (ACKNOWLEDGEMENT OF RECEIPT???. SORRY, MY ENGLISH IS VERY, VERY BAD AND MY ENGLISH LAW THE WORST!!). DEFINITIVELY, THIS CONSTITUTION IT IS LEGALLY, SINCE THERE DOES NOT EXIST "ACTA DE RECEPCIÓN".
"Lord, I wish a lawyer would step in and sort it all out."
John&Kath mentioned a good point about paying the EUC fee yet seeking more information about an "Asociacion de vecinos". I HAVE NOT HEARD ABYTHING ABOUT IT, BUT I BELIEVE THAT IT IS NOT A BADIDEA, BUT IT´S VERY, VERY, VERY DIFFICULT TO REALIZE. YOU, NO RESIDENT PROPERTIES, ARE VERY COMPLICATED TO LOCATE. NOBODY (EXCEPT THE TOWN HALL, OF COURSE!!) HAS THE PERSONAL INFORMATION OF THE OWNERS.
MikeJ mentioned another good point about possible defects in the structure of the urbanisation. I know of one other person who has asked this question: Who pays for the fixing? The ayuntamiento? Martinsa Fadesa's 6M promisory note?
The EUC Costa Esuri? VERY GOOD QUESTION. LEGALLY: THE DEFECTS HAVE TO COST FADESA. WHEN FADESA FINISHED, THE COUNCIL CHECK THE WORK AND THEY SIGN THE "ACTA DE RECEPCIÓN". FROM THIS MOMENT, NOT BEFORE, WE MUST TO PAY THE CONSERVATION. THE ACTUAL PROBLEM IS: THE WORKS HAVE NOT BEEN FINISHED NOT VERIFIED EITHER, THE "ACTA DE RECEPCIÓN" HAVEN´T BEEN SIGNED, BUT THEY WANT THAT WE PAY THE CONSERVATION. IT´S THE ILLEGAL PROCEDURE.
A "Catch22" situation indeed. Pay the EUC fee, so as not to incur a penalty, plus the worry of whether or not the ayuntamiento/junta will come after the money? Pay the EUC fee, in order to gain some sort of representation at the AGM (still to be proved) at the end of December?
I HAVE APPEAL. LEGALLY I HAVE I HAVE ASKED FOR THE SUSPENSION OF THE EXECUTION OF PAY.
...And God did answer, "I am a lawyer."

JA, JA, JA. I HAVE LISTENED TO THE SAME THING, BUT FINISHED IN DEVIL!!!!!!!!
Saludos,
Carol
Regards Carol (and John)
#263
Forum Regular



Joined: Nov 2009
Posts: 245


Well your conclusions are different from what I read in the post
The dramatic bit was announcing on an open forum that the EUC are running an illegal scam in conjuntion with the council, surely a lawyer should know better ?
The dramatic bit was announcing on an open forum that the EUC are running an illegal scam in conjuntion with the council, surely a lawyer should know better ?
#264
Forum Regular



Joined: Nov 2009
Posts: 245


Here's a google translation of another news article relating to the above (dated 14.11.09). If you place your cursor on each paragraph, the original text in spanish appears.
If L&G Consulting have been receiving 7000euros/month, who has been paying?
http://translate.google.co.uk/transl...C_enGB210GB212
If L&G Consulting have been receiving 7000euros/month, who has been paying?
http://translate.google.co.uk/transl...C_enGB210GB212
#265
Forum Regular



Joined: Nov 2009
Posts: 245


I suspect that the EUC is actually legal (if not legitimate) otherwise the ayuntimiento would not be involved in the revenue collection. The way to tell is to inspect the register of EUCs - Register of Collaborating Urbanistic Entities of the Provincial Commission of Urbanism -(though how and where you do is anyone's guess) but I think that once it's registered it's legal.
The the EUC fee is, therefore, a local tax and therefore the same penalties apply as for any other tax. The first step for non-payment is a fine of 5% (I heard and I don't know if that is monthly or a 1-off). The next step is legal action with, as the ultimate sanction, a criminal record in Spain and they can seize your property to defray the debt and expenses.
The only legal option seems to be to get involved in the democratic process (through the Intercommunity presidents who have a vote) to get the rules changed and don't forget to pay the bill as otherwise you won't be allowed to (Catch22).
The the EUC fee is, therefore, a local tax and therefore the same penalties apply as for any other tax. The first step for non-payment is a fine of 5% (I heard and I don't know if that is monthly or a 1-off). The next step is legal action with, as the ultimate sanction, a criminal record in Spain and they can seize your property to defray the debt and expenses.
The only legal option seems to be to get involved in the democratic process (through the Intercommunity presidents who have a vote) to get the rules changed and don't forget to pay the bill as otherwise you won't be allowed to (Catch22).
NOT EXACTLY, MIKE. BUT I ASSURE YOU THAT IN THE NEXT ASSEMBLY (MEETING) ONE WILL SPEAK ABOUT THIS...I SURPRISE THAT JURIDICAL LEVEL.
#266
Forum Regular



Joined: Nov 2009
Posts: 245


Thanks Spanish Lawyer for your advice - especially in English!
El Mundo is one of the biggest NATIONAL Spanish newspapers - they have made an article about the situation in Ayamonte/CE, the Mayor and his organisation .... see attached.
As I mentioned before this whole thing is a MESS!! I really hope we arent being taken advantage of - or setting ourselves up for it!!
Regards
Jon
El Mundo is one of the biggest NATIONAL Spanish newspapers - they have made an article about the situation in Ayamonte/CE, the Mayor and his organisation .... see attached.
As I mentioned before this whole thing is a MESS!! I really hope we arent being taken advantage of - or setting ourselves up for it!!
Regards
Jon
#267
Forum Regular



Joined: Nov 2009
Posts: 245


I HAVE GIVEN SOME PEOPLE AN APPEAL MODEL THAT A LAWYER CHARGES FOR APPROXIMATELY 150 EUROS.
#268
Forum Regular



Joined: Nov 2009
Posts: 245


Complicated? You said it!!If it weren't so serious it'd be bl**dy hilarious!
So much for a restful Sunday...
Ah, yes, "God is a lawyer."

He created the EUC.
!Despiertate, Spanish_lawyer! (Wakey, wakey!) Please help by being a bit open about how you go about lodging your appeal. You, I assume, are doing so on your own behalf and not that of others? Will you as a lawyer not be penalised for late payment because you have filed an appeal? For all I know, you could be the devil in disguise?
#269






Joined: Mar 2006
Posts: 1,980

¿Es correcto no estas registrado como abogado en la provincia de Huelva?
(You do not understand me. I wrote that you do not want money, your services are free.
Is it correct that you are not registered as a lawyer in the Province of Huelva?)
Last edited by Jur; Nov 29th 2009 at 4:51 pm.
#270
Forum Regular



Joined: Nov 2009
Posts: 245


Tu no me entiendes. Yo he escrito tu no quere dinero, te das servicios gratis.
¿Es correcto no estas registrado como abogado en la provincia de Huelva?
(You do not understand me. I wrote that you do not want money, your services are free.
Is it correct that you are not registered as a lawyer in the Province of Huelva?)
¿Es correcto no estas registrado como abogado en la provincia de Huelva?
(You do not understand me. I wrote that you do not want money, your services are free.
Is it correct that you are not registered as a lawyer in the Province of Huelva?)
I have been thinking attached my appeal in this forum. Maybe it´s better for us.




