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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
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
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