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tone
04-30-2007, 05:27 PM
Hi All

We have recently had our first meeting with our administrators principally to form a community but they have said that legally a single community could not be set up, it is necessary to have two separate communities. One for phase 1 and 2 and one for 4 and 5. The administrators also say that 1 and 2 cannot have use of the pool which is near phases 4 and 5 because: 1. Theres no insurance cover 2. It requires 100% agreement from phase 4 and 5 owners and 3. Phase 4 and 5 would (probably) require a finacial contribution from us, Ph 1 and 2 towards upkeep. This amounts to renting and as 4 and 5 are not a company it would be illegal.

We appear to have no reference to the pool in our Escritura but in a Preliminary Promissary contract it refers to the Memorandum and this has a picture of a pool. It also identifies 'as the housing developement phases ZR-4, ZR-9 and ZR-10' and in the next paragraph informs that a community of unit holders will be created once the housing developement has been completed for the maintenance of the common areas.
I also have sales promotion leaflets with pictures of the pools on and stating 'Communal swimming pools' We all come under the same name and urbanisation.

:( Any help is appreciated

Expert advisor
05-21-2007, 11:35 AM
Please note that we would require to examine the New Construction and Horizontal Division Deeds in order to provide you with a response to your queries.