A legal question

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    • #53542

      In October 2005 the Residents Association of our urbanisation took the developer to court to demand they provide a golf course and Habitation Certificates. The case was won by the Residents Association in March 2006. The developer was given dates for the completion of the golf course and issue of the Habitation Certificates and had to lodge a large bond with the court.

      The developer appealed this decision and the appeal was decided by the court on 2 October 2007. The written verdict has still not been produced and the courts will not give any information verbally.

      Is usual for the courts to take more than 3 months to produce written confirmation of a decision. You expect a lengthy wait for a judgement but not for a typing job. Is there a time limit for the court administration to deal with the paperwork?

      I’d be very grateful for any help on this. Thanks

    • #76910

      Are you sure about it, tilly? It´s hard to believe that they are taking more than 3 months to produce written confirmation of the decision.

      There´s a deadline of 10 days to solve the appeal from the appearance, if there was appearance; and if not; the Court has 1 month to solve the appeal from the next day the documents of the appeal were filed.

      When the Law says “solve”, it means to have a comprehensive resolution able to be known by the interested parties. It implies, of course, written copies.


    • #76916

      Thanks for the information Lucy.

      I also find it hard to believe that it could take this length of time. I do not know for sure, but this is what we have been told by the person who communicates with the Spanish lawyer dealing with the case.

      Do you know if the court will only advise the lawyer involved or are these decisions generally available?

    • #76918

      The Court will advise both parties on the case. If the Spanish Lawyer is acting on the Residents Association´s behalf, it is possible that the decision was notified to him/her, in order to him/her to notify it to you.

      This might be just a matter of communication. According to what you say, the written confirmation of the decision should already be available to you.

    • #77536

      Hi Lucy,

      Thank you for the information on time scales which has been very useful.

      The latest information on this is that the vote on the appeal did not take place on either of the the previously advised dates – 20 June 2007 and 2 October 2007. We were told that he court did not feel it necessary to keep the lawyers informed that the dates had not been met.

      We have now been told that the vote was taken on 7 January 2008, but this information was advised verbally. Is it normal for the Spanish courts to proceed in such a relaxed manner without any written confirmations of cancellations and changed dates?

      Would be grateful for your advice again.

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