A GUIDE TO CAMPOSOL, its problems and future.

Camposol is a large urbanization situated approximately 10 kilometres from the town of Mazarron and consists of approximately 4,500 residential properties together with a number of various types of commercial enterprises. Having first being approved by the Mazarron local authority, Camposol has been mainly developed over the last 12 years by the Spanish company Grupo Masa. It is split in to four sectors A, B, C & D and in two planning stages (Plan Parcials) of which the first was to cover Sector A and was due for completion in 2006, and the second to include Sectors B, C & D for completion in 2013 although by reason of certain events this might not now be applicable. The urbanization has also been divided by the construction of a major trunk road which physically separates A Sector from the rest of Camposol.
At this point in time Camposol has the following major issues to contend with.
• The constructors have prematurely withdrawn from Camposol and are no longer playing any meaningful part in complying with their contractual obligations to complete or conserve the development.
• No sector of Camposol has been satisfactorily completed ether to plan or suitable standard that will allow acceptance by the council.
• As a result of the inadequate construction the need for regular maintenance and upkeep of the infrastructure is more urgent than otherwise would be the case.
• The cost of remedying the numerous problems associated with the present infrastructure such as that associated with water supply, sewage & storm water disposal, road surfacing & street lighting will undoubtedly amount to millions of Euros.
• The Garrigues legal Report states that the Council would be responsible to pay from their own coffers any shortfall in the amount recovered from the developer to that of which is necessary to suitably complete the estate.
• The Council are now insisting on the implementation of an Entidad (Conservation Body) to operate on A Sector within the next few months. This method of urbanization management forms part of the legal requirements for Urbanizations under Spanish law and was contained within in the owners Purchase Agreements.
• The Council are also now pressing for Sectors B, C, & D to initiate the setting up of an Entidad as soon as possible.
• Although the Redistribution Project (Proyecto de Compensación) for B, C & D categorically states that on acceptance by the Council they will join the A Sector Entidad the Mayor has stated that he prefers at least two Entities. One for A Sector and another or others for Sectors B, C & D.
• The Plan Parcial for Sectors B, C & D has to be revised and signed off due to unauthorised changes made by the developer. Before this can happen the Confederation Hidrografica (Rivers & Waterways) are insisting that drainage issues, caused by the infilling of a major rambla on D Sector, are resolved. This situation has resulted in many owners being denied legal documentation which, under Spanish Law, should have been supplied by the developer.
• To expand on these issues further it is intended to look at the issues facing each of the major players. Most of the information is factual but will include educated opinion in some cases.

Grupo Masa:
• Has withdrawn all administration and work force from Camposol leaving many important issues unresolved.
• Refuses to communicate with any of the representative groups.
• Believes that the Council is being pedantic in its requirements for the satisfactory completion before it will take over.
• Does respond, albeit slowly, to requests for assistance with major infrastructure problems such as water supply and sewage disposal.

Mazarron Council:
• The Mayor and his administration will come to the end of their present second term in May of next year when local elections will take place.
• Operates in a very autocratic manner by stating policy without seeming to consider input from those affected.
• Has never openly acknowledged the findings of the Garrigues legal report.
• Often gives answers and opinions in meetings that tend to be political and can often change from meeting to meeting.
• Has failed to exercise suitable control over the developer resulting in numerous transgressions associated with the plan parcel, occupation of properties and good working practices.
• Refuses to acknowledge that, by both allowing properties to be occupied and imposing local taxes, they have a legal Duty of Care to the residents of Camposol.
• Constantly refuses to accept responsibility in directly involving their selves with any infrastructure problems on the grounds that such matters are the responsibility of the developer Masa.
• Accepting the fact that there will be a considerable shortfall in what money will be recovered from any Masa guarantees to that which will be required to complete the infrastructure to a satisfactory standard, the Mayor has stated that the difference will be recovered by them from the developer’s assets. They have previously maintained that any shortfall will have to be borne by the residents of Camposol this being contrary to the findings of the Garrigues Report which makes it quite clear that the Council are ultimately responsible for any such deficit.
• Have stated clearly that the permissions for the development of Camposol were given on the grounds that they would be managed by an Entidad and this is what every home buyer agreed to when signing their contracts.
• Formed the original Entidad for A Sector in 2003 with full Bye-Laws. This was subsequently suspended as a result of a disagreement between the then committee members and residents over budget matters.
• Despite the estate not being finished to an acceptable standard it is now the Council’s stated intention to rapidly proceed with establishing an entity form of management for all of Camposol. The exact number of entities has yet to be determined although while the Garrigues Report states that according to the Redistribution Project (Proyecto de Compensación) there should eventually be one, the Council lawyers maintain this is flexible.
• The Council believes that Camposol would be better served by having at least two Entities. The argument given for this is that there are two Plan Parcials with different completion dates and that it would allow for easier management of the development.
• They intend that the entity will initially accept responsibility for fixed minimum services of street lighting, street cleaning and green areas and as each other area of work is completed to the council’s satisfaction it can be taken over by agreement with the entity.
• The mayor denies the CRA the facility of participating in any meaningful discussions on the future of A Sector.
• The Council waste management department are contracted by Masa to provide rubbish collection services for Camposol. Although the residents are paying Masa for this facility through their water bills, the council claim that they are not receiving the appropriate payments at this time.

A Sector Homeowners Committee:
• Has developed in to its current format from the original A Sector Entidad Committee which has a set of Bye-Laws laying out the rules and regulations that apply to the setting up and subsequent responsibilities applying to that management body.
• Claims to maintain the right to its current authority by way of an ad-hoc, unverified postal referendum carried out by one of the homeowners in September 2007.
• No electoral process to decide the officers or policy has been adopted and although they have declined to hold open meetings in the past they state this facility will be afforded to residents of A Sector before going ahead with any plans associated with reinstating the Entidad.
• Has consistently distanced themselves from the original A Sector Entidad Committee and only one member of that original organization is still serving on the present committee.
• They see the CRA as only representing Sectors B, C & D and they have consistently refused to acknowledge that the CRA have a duty of care for its members on Sector A by refusing to have any official contact with them.
• At the time of the last election they were fervent supporters of the Mayor and they have always been afforded regular discussions with the Council.
• They are now disappointed to learn that instead of their preferred type of management for Sector A the Mayor intends to implement a full entity. This situation has lead them to lodge a complaint with the Defensor de Pueblo de Murcia who is an impartial Ombudsman.
• Among their aims is that Sector A be a separately administered and differently named district.
• Has its own internet site at http://groups.google.com/group/camposol-mazarron which has no input facility therefore it only serves as an information tool.

Camposol Residents Association:
• Formed in 2005 after falling outs in the original A Sector Entidad when it was realised that it only covered A Sector.
• Has approximately 2,400 members representing 1,500 households on all four sectors of Camposol.
• Has an elected liaison committee which consists of up to 9 members.
• Has its own website and forum at www.cracamposol.com.
• Has held regular AGMs and several EGMs called to discuss pressing matters.
• Has a “Statement of Intent” which among its aims says that it will fight against a divided sectional Urbanization Camposol.
• Has on record a unanimous proposal that it will accept nothing but complete takeover and management by Mazarron Council as opposed to an entity.
• Has over recent years repeatedly attempted without success to both end past animosity between the CRA & ASHC and seek co-operation to with a view to present a united front representing all of Camposol.

Confederacion Hidrografica :
• This is the Supra Regional Authority for rivers and waterways and is very powerful.
• Has stated that if the drainage previously provided by a built over rambla in Sector D is not replaced by a suitable alternative it will force the rambla to be re-instated to its original state.
• Have stated that they are awaiting a suitable project from Masa to answer this problem.

Iberdrola :
• Is the national electricity supply authority and is the only supplier of electricity to Camposol.
• Has contracts and supplies all electricity to villas on Camposol. This is contrary to Spanish Law which states that electricity can only be supplied to homeowners once the infrastructure has been approved and habitation certificates issued by the Council. It has never been explained how this situation has come about.
• After the takeover of Sector A by the Council they would also provide electricity for the streetlights which as stated in the Bye-Laws would be paid for by the homeowners.
• Until takeover they supply electricity for the streetlights through the developer. (Masa).
• It is believed that as Masa are not currently paying these bills then Iberdrola have been cutting out the meters for the lighting infrastructure leaving much of Camposol in darkness.
• This situation is causing a great deal of concern to residents and the CRA have made a number of unsuccessful attempts to meet the management of Iberdrola to discuss the matter.

Aqualia:
• Is the local Company supplying water to the Mazarron area.
• Until takeover they supply water for all villas through the developer. (Masa).
• Provide a meter reading and billing service to Masa with customers paying in to either the account of Justo y Manoli (Masa) or a separate Aqualia bank account for Camposol.
• Only somewhere in the region of 60% of properties on Camposol have a water meter fitted.

The Entity :
• Also known as the Entidad and Conservation Body.
• Consists of an elected management/steerage committee formed from volunteer homeowners and is usually managed on a daily basis by an administrator who is chosen and employed by the Entidad.
• The Entidad can also employ a lawyer if they so wish.
• There is a legal obligation to hold an Annual General Meetings where each property owner is allocated voting rights.
• Any employed officers such as that of administrator, lawyer & auditor can be changed whenever the owners wish by way of a democratic majority vote.
• The Council also have a non-voting member on the management committee to liaise between the Entity and Council.
• The Entity is responsible for the maintenance and upkeep of Camposol as set out in the Bye-Laws
• A budget is proposed by the administrator and management committee on an annual basis and must be agreed by a majority vote at the AGM.
• To arrive at the relevant community charges the agreed budget figure is then divided in to annual quotas which will vary dependant on the size of the property as shown in the escrituras.
• The quota amount is controlled democratically by the owners. In other words the degree of services and conditions you get is regulated by the amount the owners agree to pay in community charges.
• An EGM can be called at any time by request of enough homeowners.
• An entity has a right to instruct the council to collect community charges agreed by the residents at the AGM and furthermore take action against any defaulters at no cost to the entity.
• A better understanding of an Entity can be obtained by reading the Bye-Laws applying to Sector A.

Please note: To expand your knowledge the issues mentioned above you need to read the read the following documents that can be found on the CRA website at www.cracamposol.com.

• The Garrigues Report.
• The CRA Statement of Intent.
• Bye-Laws relating to the A Sector Entity