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fenclare
06-24-2006, 12:02 PM
Last year we formed our Community of Owners - we were told we had to legally because we had taken over paying for the water for the Community pool. The builder has still not finished the urbanisation to an acceptable standard (after 6 years) has 30% of the urbanisation unsold, is installing tenants into vacant houses and refusing to pay community fees. We have no certificates of habitation, although everyone has electricity and water contracts, all full time residents are registered on the Padron and most of us have (or have applied for) Residencias. The builder has still not handed over the electricity contract for the road (we believe that the tenants are still on builders supply) and refuses to do so. The builder lives on site.
Our AGM is due next month, people are very unhappy because the Administrator has said n thing can be done against the builder until the fees are 1 year overdue. We accept that, but the other problems have not been addressed at all.
Can we denounce the builder for the unfinished work?
Can we denounce the builder for no Certificates of Habitation? There are tax implications here that would appear to put some holiday home owners in real trouble both here and in their own country (eg. Germany)
If the administrator is totally unwilling to denounce the builder, we have wasted an entire year.
If this is the case, we can presumably sack him - if we do so what is the position about our AGM which will be stopped dead in its tracks?
What happens about another Administrator being appointed are there any legal implications to consider if another Company picks up the reins?

Expert advisor
07-04-2006, 08:12 AM
You can claim your rights judicially ( completion of the urbanisation, Habitation Certificate, official supply of water and electricity...), also you could cease the administrator and appoint a new one, not having any problem to arrange another summons, although if it is already fixed you should meet on the proposed date even though there is no administrator.
However, I understand, in view of your message, that it could be other problems which could impede solving your interests. Therefore I should know all the particulars in order to advice you correctly.

We remain at your disposal to any further matter you may require.