- November 8, 2006 at 6:08 pm #52431
Do any of the legal eagles know if a majority of residents in the completed apartments on a development that is still in the course of construction can form a community association to replace the devloper’s appointed agents.
Or do they have to wait until all phases are complete.
Phases 1 & 2 are completed, but phase 3 & 4 are still ongoing
- November 8, 2006 at 8:09 pm #67285
I’m not a legal eagle but I live in a development where Phase 1 is completed and is half sold and Phase 2 is still being built. They are townhouses.
The builder/developer appointed a Secretary/Administrator before the first house was completed so we could form a constitution and start paying the bills for communal electricity and water!
There are 36 houses in Phase 1, the builder/developer pays a 36th of our Community Fees for each unsold house. As I understand it they will be responsible for the Management Fees for the Phase 2 houses when they get their First Occupation Licence.
If the management company is set up you can at least make decisions about your own community and have a decision about what you need.
For the legal eagles who may be reading this – could you tell me if a pro-rata system is used in Spain to divide the Management Fee? If a property completes on the 20th of the month does the Developer pay 19 days of that month’s Management Fees leaving the new Owner with the remainder of that month and ongoing charges?
- November 8, 2006 at 8:12 pm #67286
Oops, sorry Michael521, I mis-read your email. Now I see you are asking if you can change your Secretary/Administrator.
- November 9, 2006 at 4:09 pm #67290
Michael – check out the thread titled Legality of Community of Owners and look at Dorothy’s post there.
She provides a thread to a very informative site which might answer your question.
- November 9, 2006 at 5:08 pm #67291
Many thanks for the link, which I have already looked at and saved a copy, but it doesn’t appear to deal with the specific point regarding a development which is being carried out in separate phases.
- November 14, 2006 at 9:30 pm #67374
Of course you can… and you must. According to the Horizontal Property Act you can form a mega-community with all the buildings of all the phases of the development but that´s not obligatory. You can form a community from the very moment there is a group of individual owner who share commun ownership elements. And the sooner you are independent from developer, the better.
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