iant

Having followed this thread with interest, particularly Spanish lawyer's contributions, I am often left very puzzled by the considerable inconsistency in the level of his mastery of English, which varies from almost perfect to pretty poor. Without in any way questioning the sincerity of his comments, perhaps he might explain the wavering levels of his written English.

jdr

Is he a licensed Spanish Lawyer or just a name ?

If he is then maybe he should add a bit in his signature like " This is not intended to be legal or professional advice in any jurisdiction "

Carol&John

Has anyone read information about the AGM in the press - online or paper edition? (I thought I might have missed the announcement. Thanks.)

spanish_lawyer

I explain it to you, Iant. I do not use the English in my daily life. My English level changes according to the time that I dedicate to writing the post. If I have a lot of time, attempt that my grammar and my vocabulary are correct.

Nevertheless, I indicate two things to you: 1) I am happy to know that sometimes my writting English is almost perfect; 2) I am sad that you concentrate how I write and not what I write.

spanish_lawyer

I am lawyer and I am spanish. I believe that you are not going to teach my profession to me, jdr. I have enough years of profession.

Do not be how to make clear that I do not have interest to explain what I know. You are out of Spain and you do not know the Spanish Law. When I started writing here, my intention was that the not resident members of the EUC (to which I belong) had knowledge of the facts like any Spanish members.

To write here makes me lose a lot of time (I have said often that I know my english writting is not good. I am sorry, but I to strive to do writting in order that you can understand me). Persons like you do that I think "why are I writing here?. If they do not know what happens it is his problem".

I am the privileged one. I am spanish (although I do not live in Ayamonte), I am a lawyer, and I have full knowledge of what it happens in the EUC. My conscience indicates me that you, which also are members of the same EUC as me, have to have the same knowledge like spanish members. If unit does not exist among the members of the EUC, it will be complicated to improve it.

Maybe, (only maybe) you are not interested that the rest of members of this forum is the news of the EUC.

spanish_lawyer

There are no anything in the press why EUC did not send the notification. Nevertheless, these notification existed.

Your you can call LGC and ask about this.

spanish_lawyer

FINALLY, GOOD NEWS!!!!

THE CANDIDATE FOR BEING A MAYOR FOR THE PARTIDO POPULAR, ALBERTO FERNÁNDEZ, REQUESTED OFFICIALLY THE EXECUTION OF ALL GUARANTEES OF CORRECT EXECUTION THAT THE TOWN HALL TAKES AS A VALUE GIVES MORE GIVE 6 MILLION EUROS AND THAT THE CURRENT MAYOR HAS NOT WANTED TO EXECUTE.

IF THE CANDIDATE FOR MAYOR TO FORCE THE MAYOR TO EXECUTE THESE GUARANTEES, WE ARE GOING TO ACHIEVE THAT THIS 6 MILLION EUROS ARE DESTINED IN FINISHING COSTA ESURI.

EVIDENTLY, WITH 6 MILLION EUROS IT IS IMPOSSIBLE TO END THE PROJECT OF COSTA ESURI, BUT IT WILL BE ABLE TO FINISH THE WORKS OF CERTAIN IMPORTANT PARTS. FOR EXAMPLE, THE ROAD ONES ARE IN A PITIFUL CONDITION. IF THEY FINISH, THE TOWN HALL CAN SIGN HANDOVER CERTIFICATE (OR ACKNOWELDGMENT REPORT– IT IS VERY DIFFICULT TO TRANSLATE THE LEGAL “ACTA DE RECEPCIÓN”) AND WE, ALL THAT WE BELONG TO THE EUC, PAY HIS MAINTENANCE.

I HAVE ALWAYS SAID (A PREVIOUS POST IS AN EXAMPLE) THAT I DO NOT UNDERSTAND WHY THE MAYOR DOES NOT EXECUTE THE GUARANTEES. TO HAVE MONEY TO END PART OF THE URBANIZATION AND NOT TO USE IT IS, IN MY OPINION, A STUPIDITY.

I KNOW ALBERTO FERNÁNDEZ BECAUSE HE IS LAWYER TOO. HE IS A YOUNG, GOOD PROFESSIONAL, HONEST, AND VERY SOCIABLE BOY. I DID NOT KNOW THAT HE WAS SO INVOLVED IN THE PROBLEM OF COSTA ESURI. SOON I WILL TRAVEL TO AYAMONTE AND I WAIT TO BE ABLE TO SPEAK WITH HIM BECAUSE I WANT TO BE GRATEFUL FOR HIS EFFORTS.

I HOPE THAT THE POLITICAL INTERVENTION OF PARTIDO POPULAR (PRINCIPAL OPPOSITION PARTY) FORCES TO THE TOWN HALL TO DEMAND FROM MARTIN FADESA THAT IT DOES HIS DUTY AND OBLIGATIONS.

I AM HAPPY. I HAVE HOPES THAT THIS FACT IS THE FIRST STEP IN ORDER THAT COSTA ESURI IMPROVES. MAYBE, ON 28TH DECEMBER, DAY THE PLENARY SESSION OF THE TOWN HALL IN WHICH THIS REQUEST OF EXECUTION WILL BE VOTED, WILL BE THE BEGINNING OF THE CHANGE!!!!.

I THINK IT IS VERY GOOD NEWS.

REGARDS

SL

EsuriJohn

Right on SL we are right behind you in this and I hope to meet you on Esuri one day.

spanish_lawyer

Unfortunately, I don´t live in Ayamonte. I wait to be able to live there soon. This is my dream. But I will be happy to meet you when both will be on Costa Esuri. I believe that there is necessary the unit and the good relation of all the members of the EUC.

iant

Thanks for that Spanish-lawyer; but you have to understand that there a lot of scams on forums such as this one, with people hiding behind more than one name, sometimes out of pure mischief, but also on occasions for less innocent reasons, and one of the giveaways can be inconsistency of language.
Iant

spanish_lawyer

If the word "scam" is translated as "estafa" in spanish (I have used a dictionary!) - which in Spain is a crime-, you do not worry: I will ask for money!!!.

In Spain, at least, the scams implies patrimonial prejudice. I only will report of what I know.

I understand perfectly that the anonymity can make doubt the intentions of the people. If I was in his situation, I would think the same.

The worst thing is that I, in the past, had an English high level, but when you do not use every day a language, you lose the grammar, the vocabulary… (and I am not going to tell him to listen it!!!)

CAROL TAFF

I feel the time has come to reflect on where we are in respect of the Costa Esuri EUC.

What should have happened?

As I understand it, Spanish Law calls for an EUC to be established for an urbanisation project such as Casta Esuri after a handover certificate has been signed by the local authority representative. This is done when the local authority is satisfied that all the features called for in the planning agreement between it and the contractor involved, have been provided to an acceptable standard. Clearly this process has not been followed at CE. Presumably this is the basis of the illegality claim of the Spanish Lawyer, although this is not altogether clear because of his English language limitations.

What has happened at CE?

It would appear that when MF went into administration the Mayor of Ayamote saw that the upkeep of the areas of the urbanisation external to the inter-communities would fall to the Ayamonte ratepayers. To counter this he established the CE EUC ahead of any acceptance certificate been signed.

Where does that leave us?

On the positive side, 120 - 150€ per year is a small price to pay for ensuring that we have an acceptable CE environment external to the inter-community areas, in terms of features such as roads, green grass/trees, street lighting, not to mention roundabouts with pretty lighted fountains.

On the negative side, why should MF get away with not providing the features called for in the planning agreement, and also paying for the upkeep of the urbanisation, for the next five years or so, while waiting for this. MF is not bankrupt but in administration. Indeed, as I understand it, the administrator's independent assessment is that their assets are greater than their debts, and that their problem is their lack of cash flow caused by their assets being tied up in unsold houses. Also, is there not a six millon euro pledge in being? It seems to me that the Mayer should have pushed MF to complete thier project (would this have given us a competed commercial centre and hotel, rather than the current monstrosities?), instead of giving them an out in the form of an established EUC.

What am I going to do abut it?

Very little, I'm afraid. Regretfully, I've already paid my 2009 EUC bill (but as with Jon, I've not signed a direct debit agreement). What is needed is for all owners (Spanish, British and any others) to get together and operate with one voice, and I really admire what Spanish Lawyer has done in trying to achieve this. However, I'm too remote, cannot speak Spanish, and probably too old to help very much. However, I will attempt to get to the meeting in February now that its scheduled when I can afford the air fare. If there, I will attempt to have my say, for whatever good that will be, particulary as I understand that there will be no English interpreters provided. I will also continue to monitor this forum (it nothing else it provides me with excellent entertainment)

Taff

spanish_lawyer

I feel the time has come to reflect on where we are in respect of the Costa Esuri EUC.

What should have happened?

As I understand it, Spanish Law calls for an EUC to be established for an urbanisation project such as Casta Esuri after a handover certificate has been signed by the local authority representative. This is done when the local authority is satisfied that all the features called for in the planning agreement between it and the contractor involved, have been provided to an acceptable standard. Clearly this process has not been followed at CE. Presumably this is the basis of the illegality claim of the Spanish Lawyer, although this is not altogether clear because of his English language limitations. THANK YOU SO MUCH. YOU HAVE EXPLAINED CORRECTLY THE PROCESS. ONLY A SMALL EXPLANATION TO COMPLETE THE PERFECT EXPLANATION: AFTER (NOT BEFORE) THE HANDOVER CERTIFICATE HAS BEEN SIGNED IS WHEN THE EUC MUST BE CREATED AND ALL YOUR MEMBERS (WE) HAVE TO PAY THE MAINTENANCE.

What has happened at CE?

It would appear that when MF went into administration the Mayor of Ayamote saw that the upkeep of the areas of the urbanisation external to the inter-communities would fall to the Ayamonte ratepayers. To counter this he established the CE EUC ahead of any acceptance certificate been signed.THIS IS ILLEGAL. WE, THE MEMBERS OF THE EUC, DO NOT HAVE TO SUPPORT WHAT IS NOT ENDED OF CONSTRUCTING. THE MAYOR, HAD (AND HAVE) TO DEMAND TO MF TO FINISH COSTA ESURI. NEVERTHELESS, INSTEAD OF FULFILLING HIS OBLIGATIONS AND FORCING MF, HE HAVE DEDICATED TO ASKING FOR MONEY TO US.

Where does that leave us?

On the positive side, 120 - 150€ per year is a small price to pay for ensuring that we have an acceptable CE environment external to the inter-community areas, in terms of features such as roads, green grass/trees, street lighting, not to mention roundabouts with pretty lighted fountains.

On the negative side, why should MF get away with not providing the features called for in the planning agreement, and also paying for the upkeep of the urbanisation, for the next five years or so, while waiting for this. MF is not bankrupt but in administration. Indeed, as I understand it, the administrator's independent assessment is that their assets are greater than their debts, and that their problem is their lack of cash flow caused by their assets being tied up in unsold houses. Also, is there not a six millon euro pledge in being? It seems to me that the Mayer should have pushed MF to complete thier project (would this have given us a competed commercial centre and hotel, rather than the current monstrosities?), instead of giving them an out in the form of an established EUC. I DO NOT UNDERSTAND EXACTLY THIS. WHY DOESN´T HE IS REQUIRED TO MF AND IF TO US?. WHY DOES NOT HE EXECUTE THE GUARANTEES OF 6 MILLION EUROS OF MF?. I DO NOT UNDERSTAND SO MANY PROTECTION TO MF. HIS FUNCTION IS TO PROTECT THE CITIZENS, NOT TO MF.
What am I going to do abut it?

Very little, I'm afraid. Regretfully, I've already paid my 2009 EUC bill (but as with Jon, I've not signed a direct debit agreement). What is needed is for all owners (Spanish, British and any others) to get together and operate with one voice, and I really admire what Spanish Lawyer has done in trying to achieve this. However, I'm too remote, cannot speak Spanish, and probably too old to help very much. However, I will attempt to get to the meeting in February now that its scheduled when I can afford the air fare. If there, I will attempt to have my say, for whatever good that will be, particulary as I understand that there will be no English interpreters provided. I will also continue to monitor this forum (it nothing else it provides me with excellent entertainment). YOU HAVE HELPED ME!!!. FINALLY, I HAVE THE SENSANTION THAT SOMEONE UNDERSTANDS THAT IT HAPPENS. WHEN I KNOW THE DATE OF THE MEETING, I PROMISE TO INFORM THEM. I HOPE THAT THE MAYOR COMMUNICATES IT IN ADVANCE, THIS WAY MORE PEOPLE WILL BE ABLE TO GO.
THANK YOU VERY MUCH

Taff

THANK YOU VERY MUCH

jdr

All well and good if you are, but you should still tell people that this is just your views and not legally given information, I am sure you would not liked to be sued if you have given wrong information as you are posting as a Spanish Lawyer.
But then as you have had years in the profession you will be aware of this.
It is always good policy to put a disclaimer on the advice given if you are in a professional position.

spanish_lawyer

How?. If you believe that my information IS NOT CORRECT, you must correct me. I do not express an opinion, I do not advise either, I report. There are a difference among the verbs.

I believe that I am not even neither his lawyer or that of any member of this forum.