Originally Posted by spanish_lawyer

...
Regarding the controversy of whether the Association may have "rights" by the delegation of the votes of the Communities and Intercommuties, I think that Taff is right. However, I am willing to hear opinions.
The opinion of the people expressed via the associations may be morally powerful, yet legally weak.
My understanding, S_L, from what I have read here, is that you have not contested the legality of the EUC? It's existence is written in the escrituras. However, you have appealed against the asking of fees by the EUC, because the formation of the EUC has been premature - antes de la recepción de obras by the technical team of the Ayuntamiento?

...What pressure will make the Association if you have no bargaining power?. What functions will play the Association?
If the Association, by vote of his members want to take concrete action, for example, ask the EUC to press the Town Hall to execute guarantiees, How will it perform its functions if it has no "power"?.
Please clarify whether or not the EUC is registered correctly with the Junta? If it registered incorrectly, then the board can not request payment of fees? Is this register legally binding? (or, is it a logbook to which no one really pays any atttention?)
MF must be seen to complete the remaining infrastructure (before the deadine) or else the Mayor will ask for the Bank Guarantee. Perhaps the EUC board anticipated more revenue from fees than actually had been collected? Perhaps MF (or the banks?) gambled that the collected funds would allow them to complete works before calling for the bank guarantee? Who knows?
...

Originally Posted by spanish_lawyer

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As the power of the Association, the LPH does not apply to associations. I think you have to think a system in which the Association has power, but that decisions are taken by its members.
Give us a clue, S_L Which system?

Originally Posted by John & Kath

...the Last Mayor who had tried to prematurly set up the EUC (just like CE) was stopped by the formation of a formal residents association which brought the residents together to oppose the Mayors plans and the EUC was aborted.
Does anyone know if the EUC was written in the escrituras of the Isla Canela residents/owners?

Originally Posted by Jon-Bxl

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1. A properly constituded Residents/Owners association DOES have power.
2. Its been shown in reality in Canela - where they have authority and also have stopped an EUC
   ...
   Does anyone know if the Ayuntamiento received the work at Isla Canela (IC), and has the ayuntamiento taken on the responsibilty of maintenance and conservation? Actually, scrap what I've asked about IC, because if the EUC is written in CE escrituras, that's all that matters.

PS Lets not allow this discussion to forget the MOST IMPORTANT PRIORITY.... Getting the first BANK GUARANTEE.... time is running out!!!
However, as J&K states below, calling in the Bank Guarantee (BG) is NOT the responsibility of the individual owners (ie. the Association?) So, who exactly puts pressure on the Mayor to call in the BG if MF have not completed the work according to the Plan Parcial? The EUC board? President = Mayor, Secretary = lawyer, and an EUC registered in the name of MF (and ayuntamiento). ¿Qué?

Originally Posted by John & Kath

I don't think you are correct here the local authority only becomes responsible when they have accepted all parts of the site which are designated as "public" and are completed to their entire satisfaction in accordance with the planning brief and construction standards.

This is so obviously not the case at the moment and the reason the Mayor set up the EUC in such a hurry. If Fadesa had gone Bankrupt then CE could have sunk into a situation similar to some Urbs on the CDS or CB where no one is interested in finishing the general infrastuctre and people are living without connected main drains and water and the roads are very poor.

The BG in this case is nothing to do with individual owners it is only there for the LA to draw on if Fadesa do not complete the public adoptable works in accordance with the agreement which is the case at the moment and MF do not seem inclined to do anything about this so the Mayor and only the Mayor can call in the BG to complete those works and nothing else.

What you may see as maintenance a highways engineer would see as finishing the roads to the required standard.
Excellent post, John. Just need to reread it for it to sink into the old brain...

Originally Posted by yes we can

...I know that the EUC exists because it's in our deeds...
...we pay the double for our council taxes compared with any owner in Ayamonte or Huelva and now they want us to pay the works that should been carried out and completed by Fadesa. And even better if we pay without complaining, so no one is angry...
...Why pay council tax if the Town hall/Mayor does not help us providing services until the Fadesa mess is resolved? This is outrageous!
I agree with your sentiments; however, I think the Ayuntamiento and the EUC would argue that not everyone has been paying their IBI tax?

By the way, today I have confirmed (once again) in the tax office that they are not applying any EUC penalties to anyone, neither have knowledge of future fines.
I thought that was what L&GC were meant to be doing? It's a puzzle.

Originally Posted by Carol&John

¡Hola S_L!
I understood this to mean that those who perhaps paid the EUC fee directly to the Gestion Tributaria (in early December 2009) would have had their fees counted on the 31 December 2009 budget. The 3 fees total just over 670.-euros, and this sum is mentioned in the unofficial minutes of the February 2010 AGM EUC CE, along with an explanation of why other monies are not listed.
How long would it take the Gestion Tributaria to forward monies to the administrators?

Salu2
Carol

Originally Posted by spanish_lawyer

Thanks for the replies.

Carol, the Servicio de Gestión Tributaria is responsible for managing the collection of contributions from the EUC. Therefore, if the fee payment must be made directly to that body.

I've never had a bad opinion about the work of LGC. However, I do not understand how you can make a payment in October and in February (after 4 months) payment is not counted. I do not understand that Barb (welcome) has directly paid to LGC and do not include the payment as income on the EUC. Nor I can understand how to present in February a few accounts in late December that do not reflect the real state.

If I did not read in this thread that some people have paid, I think that really only three people have done.

Originally Posted by Carol&John

I thought I'd raise again this topic about the management of collections of the contributions from the EUC. The Servicio de Gestion Tributaria in Ayamonte is responsible. Can the amount in the account of the EUC of CE be viewed by any member of the EUC or an Accountant?

Originally Posted by John & Kath

Apparantly not! here is an email I sent to L & G and their response.


Hola Antonio Gutierres,

Can you please confirm that: -

1) Fadesa have paid there 2009 fees in full.

2) That Pracsa have paid the 2009 fees in full for Albatros Golf I (A & B) and Albatros Golf II.

3) That Tasa have paid the 2009 fees in full for their development.

4) That all other developers on Urb Costa Esuri have paid the 2009 fees in full.

Best Regards,

Hi

Sorry but I can not confirm these payments, because the final list of paid EUC bills is not yet.
When the list is ready, will be necessary the authorization of the board to report on this matter.

Regards

Eva Mª Martínez

SL you may like to comment on the legality of not disclosing information to owners covered by the EUC

Originally Posted by Carol&John

I hope enough of the proposed 7.2M - euros is set aside to complete the Ayamonte end of this new road.
Sounds good on paper, but I wonder if it will become a new "fee" (tasa) of the EUC? (Could it be regarded as "alrededor del Plan Parcial"?)

http://www.ayamonte.org/modules/news...p?storyid=1462

Originally Posted by spanish_lawyer

Carol, this news has no connection with the Plan Parcial del Sector Nº1 "Puente Esuri".

Originally Posted by John & Kath

No but the new road round the Mirador development just ends in a bollard and does not allow cars to promenade to the ferry terminal. It should include at least enough for a footpath/cycle track to carry right through to the centre along the river front.

Originally Posted by Jon-Bxl

Errr sorry John - I dont understand your post.

As you know (and as Ive posted) we often walk to town and take this road... its very nice after the roundabout - and we enjoy walking around the hill - next to the river... - and around the mirador to the bollards.

Theres no problem at the bollards for pedestrians OR cycles to get through..... easy.. the bollards arent that close together.. ?? has something changed since we were last there??

We understand (and accept) why the bollards are there - for the car traffic.... but for the rest (pedestrians/cycles) its easy... just go straight through. They havent put a wall there have they - right across the road? I must have missed something as this is not realistic. Pls put me right. I would hate to think that we cant walk around there again.... we like it!

Has something changed - or am I missing something in the post??

Thanks
Jon

Originally Posted by John & Kath

Yes the center bollard has been run down by I think a heavy vehicle and the mechanism burnt out! So we have driven through but it would be nice if this could be made permanant which will only happen when the road is extended through the derillict canning factories as proposed. That will cost mega bucks so I would settle for an extension of the footpath and cycle track along the river front for now. The one big problem I see with the whole scheme is that the only working boatyard in Ayamonte is between the canning factories and the fish dock and that cannot be separated from the river and survive.

Originally Posted by Jon-Bxl

Thanks John. Good news and thanks for the clarification.

AAAAAAAAAAAAH.............. Means that we can still walk there and then into town... and bikes can get through easily. So no change.... we're OK

Personally I am not bothered that cars cant get through. We like it as it is.

BTW the walk from the golf club roundabout - if you put on a good pace - to Laguna, is about 1hr 15m

Thanks
Jon