********* email from the a member of the community to Mijas town Hall ********
Dear sirs,
I have bought a property off plan, and I accepted in the title deeds to pay the plusvalía of the vendor. It has now been notified and it is a big amount. I have been told that the Town Hall can not ask me to pay this money, and can only act against the developer. I am not afraid of the developer taking me to court as they owe me some money. But I don't want to be taken to court by the Town Hall. So, my question is.. can the Town Hall request me to pay the plusvalía of the developer?
Best regards.
Robin Jackson
************* reply from the Town Hall of Mijas****************
Dear Mr Jackson,
Just talked to my colleagues from the Plusvalia Tax Dept. They told me that the town hall claims the plusvalía from the promotor only, not from each individual owner... now, you mention that you accepted in your property deeds to take over the plusvalia charge, which means that then the promotor is liable towards the town hall and yourself towards the promotor. As such, it gets a legal matter that you better check with a lawyer so that he can advise you what would be the best to do.
However, please note that the town hall is claiming the monies from the promotor...
hope this information will be of help - best regards for now, Katja.
Katja Thirion
Departamento de Extranjeros
Foreign Residents Department
Residentenbüro
Wednesday, 17 February 2010
Monday, 8 February 2010
Plusvalía
Some few concepts for your clarification
1º) The plusvalía is a tax payable to the Town Hall by whoever sells a property, and it has to be paid within 30 days after signing the title deeds.
2º) The amount is based ONLY on the value of the plot (according to the Town Hall, not according to the price in the deeds), and the time the vendor has been the owner.
3º) The Town Hall can ONLY claim this money to the vendor, not to the buyer.
4º) In the past, when the buyers were anxious to buy a property under construction, as the vendor could not guess how much the plusvalía would be, they usually included in the contract tht the buyer will pay the plusvalía, whatever it was.
5º) So, the Town Hall will go against San Antonio Properties, sl, but since you have accepted to pay the plusvalía in your title deeds, you could be taken to court by San Antonio Properties.
6º) Usually, the plusvalía can only be paid when the Town Hall has issued the IBI values.
7º) The administrator was not aware that some of you had made provisional or on account payemnts for the plusvalia
Mario Bravo
1º) The plusvalía is a tax payable to the Town Hall by whoever sells a property, and it has to be paid within 30 days after signing the title deeds.
2º) The amount is based ONLY on the value of the plot (according to the Town Hall, not according to the price in the deeds), and the time the vendor has been the owner.
3º) The Town Hall can ONLY claim this money to the vendor, not to the buyer.
4º) In the past, when the buyers were anxious to buy a property under construction, as the vendor could not guess how much the plusvalía would be, they usually included in the contract tht the buyer will pay the plusvalía, whatever it was.
5º) So, the Town Hall will go against San Antonio Properties, sl, but since you have accepted to pay the plusvalía in your title deeds, you could be taken to court by San Antonio Properties.
6º) Usually, the plusvalía can only be paid when the Town Hall has issued the IBI values.
7º) The administrator was not aware that some of you had made provisional or on account payemnts for the plusvalia
Mario Bravo
Thursday, 4 February 2010
With our gratitude
Dear Owners,
With the forth coming AGM in March I have decided not to stand as President of our community this year, or be involved in the committee. I have worked for the community now for 4 years and have decided to stand down. Rob & I have the oppportunity to pursue a very exciting business venture, and given the time I spend on community business, I have decided that I cannot do both. We will be spending more time in the UK.
I have enjoyed my time working for the community and I`m proud of what we have achieved, I believe now we have changed administrators the community will continue to develop and improve.
I would like to thank the committee for their support, particularly Graham who has been a totally supportive in the last year, which at times has been very difficult.
Any Owner who wishes to be nominated for the committee should let us know asap so that they can be voted for at the AGM.
best wishes
Terri Jackson
Monday, 1 February 2010
Suggestions about internal rules by Margaret Felgate
Community Rules:-
- Rules at the pools should be enforced by the person responsible for enforcement of all community rules i.e. the janitor (see his job description).
- Unless it is a requirement of the pools license, it should not be a moral or financial responsibility for Community Owners to provide a lifeguard for the safety of children. Parents must assume their moral and legal responsibility to supervise their children and to be present at all times according to the community rules (article 7). Article 2 states that persons using the pools do so at their own risk. This rule should be highlighted to show the community and its officers are not responsible for accidents to anyone using the pools/gardens/indoor facilities.
- Article 7 should be amended to increase the age of children using the pools unaccompanied by an adult (presently from age 10 years) to age 12 years.
Indoor Facilities:-
- The responsibility for ALL costs of finishing, commissioning and furnishing ALL indoor facilities including gym equipment must be the responsibility of the developer. This facility was sold as part of the development in the marketing material. Therefore the developer must be held LEGALLY responsible for the total cost of handover to the community, fully equipped and functioning.
- The indoor pool is now revealed to be ornamental rather than useful because it lacks depth. It should not be necessary to operate the indoor pool between May to November with two outside pools available May to October.
- The jacuzzi is equally ornamental and cannot be considered an asset.
- The sauna/steam facilities should only be operational between November to end April because of the cost factor.
- Door to gym/community room should be implemented as in the plans to make a separate entrance to these two facilities enabling the rest of facilities to be closed off/entry via smart card.
- The indoor facility (except community room) should be either rented out to cover operating costs or be an "opt in" option for Owners. I understand the rental idea has already been put to the committee.
- The majority of Owners I have spoken to, do not wish to use the indoor facilities because now that they have seen the facility, it cannot be justified as an asset with regard to size and quality. i.e the gym space has been reduced from two rooms to one. The pool is so shallow as to scrape your legs on the bottom while swimming. The jacuzzi is the size you would find in a private home. Most Owners do not wish to have their community fees increased to subsidise inadequate facilities they will not use.
-Those Owners (or their renters) wishing to use the indoor facilities can be provided with a "smart card" entrance card for which they pay separately to cover the operational costs. I understand the water and electricity can be metered separately so the operational costs can be separately assessed. Those people wishing to use such facilities will share the running costs rather like a "membership fee"
- The health club facility I presently use does not permit persons under 16 years to use any indoor facility i.e. gym, indoor pool, spa (steam, sauna). I believe the same rule should apply to FSA indoor facility for safety, health and abuse of use reasons.
- Obviously there will have to be extra/special rules adopted for the indoor facility.
In conclusion I wish to request that ALL submissions and suggestions given by Owners for updating community rules and for the future operation of the indoor facilities be placed on the community blog as they are received. This, in order to facilitate democracy and fairness in time for the AGM on 13 March. It would also avoid us circulating our opinions to the Community of Owners individually.
Margaret Felgate 37/2
- Rules at the pools should be enforced by the person responsible for enforcement of all community rules i.e. the janitor (see his job description).
- Unless it is a requirement of the pools license, it should not be a moral or financial responsibility for Community Owners to provide a lifeguard for the safety of children. Parents must assume their moral and legal responsibility to supervise their children and to be present at all times according to the community rules (article 7). Article 2 states that persons using the pools do so at their own risk. This rule should be highlighted to show the community and its officers are not responsible for accidents to anyone using the pools/gardens/indoor facilities.
- Article 7 should be amended to increase the age of children using the pools unaccompanied by an adult (presently from age 10 years) to age 12 years.
Indoor Facilities:-
- The responsibility for ALL costs of finishing, commissioning and furnishing ALL indoor facilities including gym equipment must be the responsibility of the developer. This facility was sold as part of the development in the marketing material. Therefore the developer must be held LEGALLY responsible for the total cost of handover to the community, fully equipped and functioning.
- The indoor pool is now revealed to be ornamental rather than useful because it lacks depth. It should not be necessary to operate the indoor pool between May to November with two outside pools available May to October.
- The jacuzzi is equally ornamental and cannot be considered an asset.
- The sauna/steam facilities should only be operational between November to end April because of the cost factor.
- Door to gym/community room should be implemented as in the plans to make a separate entrance to these two facilities enabling the rest of facilities to be closed off/entry via smart card.
- The indoor facility (except community room) should be either rented out to cover operating costs or be an "opt in" option for Owners. I understand the rental idea has already been put to the committee.
- The majority of Owners I have spoken to, do not wish to use the indoor facilities because now that they have seen the facility, it cannot be justified as an asset with regard to size and quality. i.e the gym space has been reduced from two rooms to one. The pool is so shallow as to scrape your legs on the bottom while swimming. The jacuzzi is the size you would find in a private home. Most Owners do not wish to have their community fees increased to subsidise inadequate facilities they will not use.
-Those Owners (or their renters) wishing to use the indoor facilities can be provided with a "smart card" entrance card for which they pay separately to cover the operational costs. I understand the water and electricity can be metered separately so the operational costs can be separately assessed. Those people wishing to use such facilities will share the running costs rather like a "membership fee"
- The health club facility I presently use does not permit persons under 16 years to use any indoor facility i.e. gym, indoor pool, spa (steam, sauna). I believe the same rule should apply to FSA indoor facility for safety, health and abuse of use reasons.
- Obviously there will have to be extra/special rules adopted for the indoor facility.
In conclusion I wish to request that ALL submissions and suggestions given by Owners for updating community rules and for the future operation of the indoor facilities be placed on the community blog as they are received. This, in order to facilitate democracy and fairness in time for the AGM on 13 March. It would also avoid us circulating our opinions to the Community of Owners individually.
Margaret Felgate 37/2
Friday, 29 January 2010
Request from Mijas Town Hall
It is now official, the Town Hall has reminded us to built paths between the 2 outdoor swimmingpools and the toilets. Apparently, it was first requested on June 2008 to Viktoras Dubinskas in his address Avda Jesús Santos Rein, Puebla Lucía, Edificio Mirador, 17, 1º, 29640-Fuengirola.
We have been given 10 days, obviously we expect to get an extension
We have been given 10 days, obviously we expect to get an extension
Thursday, 28 January 2010
The CAM bank has paid
6.590,49 euros have been received in our bank account from Caja Ahorros Mediterráneo, the new owner of Apartment 8. I think we have a good reason to congratulate us today
Wednesday, 27 January 2010
INTERNAL RULES OF COMMUNITY
____________________________________________________
These Internal Rules (I.R.) can be modified or increased by the Community of Owners General Meeting. The following I.R. must be observed by all owners or associated persons (contractors, guests, visitors, tenants etc), legal or physical entities.
1. Pets must be kept within the owners apartments at all times and if taken out of the urbanization must be in a cage, box or on a leash, any aggressive breed of dog shall always wear a muzzle. Pets must be accompanied at all times; access to any of the grassed areas is strictly prohibited. The co-owners shall be responsible of the supervision and appropriate behavior of domestic animals and pets that live with them, assuming responsibility for their actions.
2. The co-owners are responsible for the immediate removal and cleaning of any excrement that their dogs deposit when walking them out of the urbanization by the tiled footpaths.
3. The following are considered to be domestic animals or pets: dogs, cats, birds and small fishes. The keeping of animals of a different category from the above require the approval of the Owners General Meeting. The owner concerned must give written notification it in advance. In no case will it be permitted to introduce wild, dangerous or poisonous animals.
4. No co-owner, occupant or user of the dwellings can carry out activities that are a nuisance, unhealthy, immoral or dangerous; nor those activities that can be annoying to other co-owners, such as fumes or excessive noise, in particular between 23.00 and 8.00 hours.
5. The installation of any type of private TV, radio antenna, satellite dish is prohibited. When installing your sky to the community dish, prior permission is required from the president. This is in order to protect other people’s prior installations.
6. It is not permitted to use electrical or electronic equipment or that of any other nature that can cause interference to the apparatuses of other co-owners, or to installations belonging to the Community such as TV antennas, parabolic dishes, etc.
7. It is not permitted to install clothes lines on terraces or any other private area that can be seen from the other dwellings or from common areas. Only low portable clothes dryers are to be used.
8. It is not permitted to hang towels, swim wear or any other washing on the terrace walls or banisters of the dwellings or in others places that can be seen from the exterior.
9. It is not permitted to modify the exterior of the building, terraces or any architecturally decorative elements, of any private dwellings that are visible from the exterior; in such a way that the aesthetics of the building are altered. All alterations must be submitted for approval of the President of the community.
10. Glass curtains are acceptable, but require the written permission of the President of the community.
11. Security iron work for doors and windows are acceptable. The design must be of a similar design throughout the complex and all painted black. It is not permitted to put iron work on outside walls of terraces and communal areas.
12. The official color of the “toldos” (blinds) to be the Finca San Antonio colors of maroon and beige, this is the preferred option, however plain beige is acceptable. No other color permitted.
13. Rubbish & waste must be in closed bags and placed only in the communal rubbish containers supplied by the Ayuntamiento. The small round containers in and outside of the urbanization are not for household rubbish but for pieces of papers etc. to keep the area tidy.
14. It is not permitted to display any advertising boards, publicity signs, for sale , rent or sold boards.
15. In the interest of safety children are not allowed to play on driveways or parking areas.
16. The person(s) occupying the property and/or owner are responsible by the law for damages caused to other properties and communal areas due to negligence or not abiding by Community Rules.
17. The properties are for residential use only and their use for any other commercial activity is prohibited. (This does not preclude rentals).
18. The co-owners and those invited to access the Community must park their vehicles in the parking areas designated outside of the urbanization for this purpose, being forbidden to park on sidewalks, roundabouts, paths, garage access, driving areas inside the garage, or in those parking places that belong to other owners when they have not given their express authorization.
19. Occasional waste and cigarette ends must be placed in the rubbish bins and ashtrays installed for such purposes at specified points of the communal areas. These locations must be clearly identified. It is not permitted to place rubbish, furniture or other objects outside the places designated for such use.
20. It is not permitted to access or walk through the interior communal areas of the buildings with wet or bare feet.
21. It is not permitted to cut branches, plants or flowers from the gardens or flowerpots installed in the communal areas.
22. Court action be taken against all Debtors with outstanding Community Fees, All debtors would have a 10% charge levied against their debt as according with the statutes. This would be charged when the debt is one month old. In accordance with Article 15.2 of the Horizontal Divison Property Law, Debtors are allowed to participate in the deliberation and discussion of an AGM /EGM but are deprived of their right to vote.
The co-owners that do not conform to the above mentioned rules can be reported and fined by agreement of the Committee of Owners.
Use of the outdoor Swimming pools. Rules of hygiene and behavior.
1. Please respect all rules and regulations displayed, including the swimming pool opening and closing times.
2. The use of the Community gardens and swimming pools is at your own risk.
3. It is obligatory to shower before entering the pool, making sure that the showers are clean after using them. Every co-owner will be responsible to ensure that the children under their care use the showers before entering the pool.
4. On health and safety grounds, the use of air beds, inflatable toys, etc are strictly forbidden in the pools.
5. No balls games of any description, bikes, scooters are permitted in the swimming pool or any of the communal areas.
6. It is not permitted to engage in violent play, jumping into the pool or other irresponsible activities which detract from other co-owners enjoyment of the pools.
7. Children under ten are not permitted to access the pool without the continuous supervision of an adult.
8. Persons bringing loungers, etc. into the pool area shall remove them when they leave the area.
9. It is not permitted to bring drinks in glass containers or to use glasses or glass containers in the pool area. It is not permitted to leave food waste, or rubbish in the pool area. The waste receptacles must be used.
10. Use of the pools is not permitted by those who are not members of the Community or have not been invited by the co-owners or are tenants of the co-owners.
11. It is not permitted for people with infectious or contagious diseases, or conditions that may cause a risk or offend others, to use the pool.
12. It is not permitted to use sports equipment in the pool area, or articles such as bats, beach balls, inflatable cushions or other objects that may disturb other owners or users.
13. It is strictly forbidden for pets and animals to access the pools and pool area.
14. Residents must wear appropriate swim attire.In addition, thong bathing suits are not allowed. No nude sun bathing or swimming is permitted at any time. Topless bathing is permitted, however discretion is required is the presence of young children.
** THESE RULES AND REGULATIONS MUST BE MADE AVAILABLE TO ALL USERS OF THE DWELLINGS, INCLUDING FAMILY, FRIENDS OR LETTINGS. **
Licensed access and use of the community areas by persons acting for the Community or Owners
1. The Community and/or owners may have occasion to wish Building Contractors, service personell, cleaners etc to have unacompanied access to the Community. Such persons shall be issued with a license to have unacompanied access to the Community and shall keep this license about them when on the Community property for inspection by members of the Community and Community Security.
2. Any person wishing to bring building materials and tools into the Community shall have a license issued by the Community setting out the purpose and location of the work and tools.
Contracting of work by the Community to owners or companies owned by owners
Under no account shall an owner or a company owned by an owner or in which an owner is a director be permitted to undertake work for the Community or tender for work directly to the Community.
Scope
These Internal Rules will be obligatory for everyone using the communal installations or elements of the Community. In case these are not followed, the President shall send the person breaking the rules a written notification indicating that there is an obligation to follow the rules. If following the notification the person breaks the rules again, or continues breaking them, the President will inform the Owners General Meeting so it can adopt a measure that can include imposing a fine. All of this being without prejudice to civil, administrative or penal actions.
Approved 4th August 2007
These Internal Rules (I.R.) can be modified or increased by the Community of Owners General Meeting. The following I.R. must be observed by all owners or associated persons (contractors, guests, visitors, tenants etc), legal or physical entities.
1. Pets must be kept within the owners apartments at all times and if taken out of the urbanization must be in a cage, box or on a leash, any aggressive breed of dog shall always wear a muzzle. Pets must be accompanied at all times; access to any of the grassed areas is strictly prohibited. The co-owners shall be responsible of the supervision and appropriate behavior of domestic animals and pets that live with them, assuming responsibility for their actions.
2. The co-owners are responsible for the immediate removal and cleaning of any excrement that their dogs deposit when walking them out of the urbanization by the tiled footpaths.
3. The following are considered to be domestic animals or pets: dogs, cats, birds and small fishes. The keeping of animals of a different category from the above require the approval of the Owners General Meeting. The owner concerned must give written notification it in advance. In no case will it be permitted to introduce wild, dangerous or poisonous animals.
4. No co-owner, occupant or user of the dwellings can carry out activities that are a nuisance, unhealthy, immoral or dangerous; nor those activities that can be annoying to other co-owners, such as fumes or excessive noise, in particular between 23.00 and 8.00 hours.
5. The installation of any type of private TV, radio antenna, satellite dish is prohibited. When installing your sky to the community dish, prior permission is required from the president. This is in order to protect other people’s prior installations.
6. It is not permitted to use electrical or electronic equipment or that of any other nature that can cause interference to the apparatuses of other co-owners, or to installations belonging to the Community such as TV antennas, parabolic dishes, etc.
7. It is not permitted to install clothes lines on terraces or any other private area that can be seen from the other dwellings or from common areas. Only low portable clothes dryers are to be used.
8. It is not permitted to hang towels, swim wear or any other washing on the terrace walls or banisters of the dwellings or in others places that can be seen from the exterior.
9. It is not permitted to modify the exterior of the building, terraces or any architecturally decorative elements, of any private dwellings that are visible from the exterior; in such a way that the aesthetics of the building are altered. All alterations must be submitted for approval of the President of the community.
10. Glass curtains are acceptable, but require the written permission of the President of the community.
11. Security iron work for doors and windows are acceptable. The design must be of a similar design throughout the complex and all painted black. It is not permitted to put iron work on outside walls of terraces and communal areas.
12. The official color of the “toldos” (blinds) to be the Finca San Antonio colors of maroon and beige, this is the preferred option, however plain beige is acceptable. No other color permitted.
13. Rubbish & waste must be in closed bags and placed only in the communal rubbish containers supplied by the Ayuntamiento. The small round containers in and outside of the urbanization are not for household rubbish but for pieces of papers etc. to keep the area tidy.
14. It is not permitted to display any advertising boards, publicity signs, for sale , rent or sold boards.
15. In the interest of safety children are not allowed to play on driveways or parking areas.
16. The person(s) occupying the property and/or owner are responsible by the law for damages caused to other properties and communal areas due to negligence or not abiding by Community Rules.
17. The properties are for residential use only and their use for any other commercial activity is prohibited. (This does not preclude rentals).
18. The co-owners and those invited to access the Community must park their vehicles in the parking areas designated outside of the urbanization for this purpose, being forbidden to park on sidewalks, roundabouts, paths, garage access, driving areas inside the garage, or in those parking places that belong to other owners when they have not given their express authorization.
19. Occasional waste and cigarette ends must be placed in the rubbish bins and ashtrays installed for such purposes at specified points of the communal areas. These locations must be clearly identified. It is not permitted to place rubbish, furniture or other objects outside the places designated for such use.
20. It is not permitted to access or walk through the interior communal areas of the buildings with wet or bare feet.
21. It is not permitted to cut branches, plants or flowers from the gardens or flowerpots installed in the communal areas.
22. Court action be taken against all Debtors with outstanding Community Fees, All debtors would have a 10% charge levied against their debt as according with the statutes. This would be charged when the debt is one month old. In accordance with Article 15.2 of the Horizontal Divison Property Law, Debtors are allowed to participate in the deliberation and discussion of an AGM /EGM but are deprived of their right to vote.
The co-owners that do not conform to the above mentioned rules can be reported and fined by agreement of the Committee of Owners.
Use of the outdoor Swimming pools. Rules of hygiene and behavior.
1. Please respect all rules and regulations displayed, including the swimming pool opening and closing times.
2. The use of the Community gardens and swimming pools is at your own risk.
3. It is obligatory to shower before entering the pool, making sure that the showers are clean after using them. Every co-owner will be responsible to ensure that the children under their care use the showers before entering the pool.
4. On health and safety grounds, the use of air beds, inflatable toys, etc are strictly forbidden in the pools.
5. No balls games of any description, bikes, scooters are permitted in the swimming pool or any of the communal areas.
6. It is not permitted to engage in violent play, jumping into the pool or other irresponsible activities which detract from other co-owners enjoyment of the pools.
7. Children under ten are not permitted to access the pool without the continuous supervision of an adult.
8. Persons bringing loungers, etc. into the pool area shall remove them when they leave the area.
9. It is not permitted to bring drinks in glass containers or to use glasses or glass containers in the pool area. It is not permitted to leave food waste, or rubbish in the pool area. The waste receptacles must be used.
10. Use of the pools is not permitted by those who are not members of the Community or have not been invited by the co-owners or are tenants of the co-owners.
11. It is not permitted for people with infectious or contagious diseases, or conditions that may cause a risk or offend others, to use the pool.
12. It is not permitted to use sports equipment in the pool area, or articles such as bats, beach balls, inflatable cushions or other objects that may disturb other owners or users.
13. It is strictly forbidden for pets and animals to access the pools and pool area.
14. Residents must wear appropriate swim attire.In addition, thong bathing suits are not allowed. No nude sun bathing or swimming is permitted at any time. Topless bathing is permitted, however discretion is required is the presence of young children.
** THESE RULES AND REGULATIONS MUST BE MADE AVAILABLE TO ALL USERS OF THE DWELLINGS, INCLUDING FAMILY, FRIENDS OR LETTINGS. **
Licensed access and use of the community areas by persons acting for the Community or Owners
1. The Community and/or owners may have occasion to wish Building Contractors, service personell, cleaners etc to have unacompanied access to the Community. Such persons shall be issued with a license to have unacompanied access to the Community and shall keep this license about them when on the Community property for inspection by members of the Community and Community Security.
2. Any person wishing to bring building materials and tools into the Community shall have a license issued by the Community setting out the purpose and location of the work and tools.
Contracting of work by the Community to owners or companies owned by owners
Under no account shall an owner or a company owned by an owner or in which an owner is a director be permitted to undertake work for the Community or tender for work directly to the Community.
Scope
These Internal Rules will be obligatory for everyone using the communal installations or elements of the Community. In case these are not followed, the President shall send the person breaking the rules a written notification indicating that there is an obligation to follow the rules. If following the notification the person breaks the rules again, or continues breaking them, the President will inform the Owners General Meeting so it can adopt a measure that can include imposing a fine. All of this being without prejudice to civil, administrative or penal actions.
Approved 4th August 2007
Subscribe to:
Posts (Atom)