Archive for September, 2009

BYE-LAWS OF THE “ENTIDAD URBANISTICA COLABORADORA Y DE CONSERVACION DE LA URBANIZACION”

Saturday, September 26th, 2009

The following is a copy of the Entity Bye-Laws in English, copied word for word from the authorised legally stamped translated copy of the original Spanish Bye-Laws for the Entity in place on Sector A, Camposol. The CRA also has full copies of the certified Spanish version.

BYE-LAWS OF THE “ENTIDAD URBANISTICA COLABORADORA Y DE CONSERVACION DE LA URBANIZACION” (Residential Estate Development Management Agency)

 Article 1. INCORPORATION

Going by the name “Entidad Urbanistica Colaboradora y de Convservacion de la Urbanization El Saladillo” (El Saladillo Residential Estate Development Management Agency) whose Partial Plan was approved  conclusively on the 12th March 1993 by resolution passed by the Regional Board for Territorial Policy  for the Self-Governing Region of Murcia, a “Development Management Agency” for the aforementioned residential estate is founded, which will run, in the first place, as provided in these Bye-Laws ; in the second place by the aforesaid specific urban development regulations applicable thereto and, finally, by other laws in force or hereinafter enacted that are applicable.

Article 2. DURATION

Its duration will be for an indefinite period of time.

Article 3. START-UP

The agency will come to legal life as soon as it has been entered in the “Registro de Entidades” (Register of Agencies) of the Self-Governing Region of Murcia, subject to prior approval by Mazarron Town Council as the acting authority.

Article 4. INCORPORATION AND TERRITORIAL SCOPE

The title holders of plots on or of other real rights over the land in the territorial area of the El Saladillo Residential Estate will compulsorily belong to this “Development Management Agency” and they cannot be transferred without transferring that membership.

The scope or coverage comprises the territory contained in the Partial Plan, approved conclusively by the resolution of the Territorial Policy for the Self-Governing Region of Murcia on 12-03-93.

Article 5. LEGAL NATURE AND AREA OF JURISDICTION

The Agency will be an administrative agency and will be dependent on Mazarron Town Council as the acting Urban Development Authority and on the other competent higher organs of the administration.

The primordial purpose is to provide the community with non-profit-making service and the agency is incorporated for the purpose of dealing with municipal, supramunicipal and, in short, the urban development matters which do not amount to exercising authority but are intended for the maintenance of the residential estate, its works, services and common facilities and for accomplishing other aims common to the members which promote their well-being and the material betterment of its dwellers, in respect of everything not reserved by law for other bodies or institutions exclusively.

Article 6. ADDRESS

The address of the Agency will be at the Residential Estate, Calle No 8, Equipamiento, Commercial, Mazarron.

Article 7. LEGAL STATUS

As from the day it is enetered in the “Registro de Entidades Urbanisticas Colaboradoras” (Register of Development Mamngament Agencies), the Agency will have full legal capacity and the capoacity to act.

In order to accomplish its aims, it may aquire, own, claim, exchange, encumber or transfer all manner of assets and rights; enter into any contract; be party in a trial, bring actions and lodge all kinds of claims, protest and appeals.

Article 8. FUNCIONAL SCOPE

The sphere of authority of the Agency will be orientated within its territorial sphereessentially towards performing the following functions and fulfilling the following objectives, among others:

8.1 To ensure the maintenance of the Development works and the upkeep of the general services’ equipment and facilities for the whole of the area included in the Urban Planning Scheme, meeting where appropriate, the relevant costs, distributing them as provided in these Bye-Laws, in due course creating other new services, apart from those already envisaged in its current Plans or other special supplementary services which it might bring in, draw up or exercise and not withstanding its entitlement to pass on such costs to the appropriate person.

Consequently under those terms it will look after, in coordination with the relevant and competent agencies and bodies and without prejudice to those tasks and services being taken on by the entities responsible, in their day:

    8.1.1 The upkeep of roads, entries, car parks, drainage networks, pumping stations and sewage treatment plants.

    8.1.2 The nursery school, where fitting and interior security services.

    8.1.3 The water supply, once the municipal supply is in place.

   8.1.4 The street lighting.

   8.1.5 The collection and removal of rubbish.

   8.1.6 The maintenance and replacement of plantation in green areas and commonly used open garden areas and, in short, any others agreed upon by the General Meeting and that are authorised by law and by the competent bodies and the Urban Planning Scheme, notwithstanding them being transferred to Mazarron Town Council.

8.2 To ensure that  the ordinances and other prescriptions contained in the Urban Planning Scheme, the Urban Development laws in force and other applicable provisions are observed.

Right todevelopers and users of the urban-tourist image of the complex.

8.4 To collect all manner of fee quotas applicable and urge the Town Council to demand those owed through attachment proceedings. Once they have been paid the sum of these fees quotas claimed will be refunded to this Agency by the acting Authority.

8.5 To report infringements committed and urge the institution of disciplinary proceedings before the acting Authority, or the relevant organs of the Administration.

8.6 To carry out the agreements of its Organs.

8.7 In general, to perform whatever activities are necessary or fitting to defend its interests, those of its members and the objectives envisaged in the Urban Development Law.

Article 9. COMMON PROPERTY AND SERVICES AND THEIR MAINTENANCE

Common areas, property and services are construed to be the following:

  1. 1.      The public ownership and use areas, property and facilities and other development services in this Residential Estate, as well as those newly created that it deemed fitting to establish.
  2. 2.      The services and facilities for security, cleaning and maintenance of the common elements. The possession, maintenance, administration, management and defence of these common development areas, property and services will be met by the “Management Agency”, while it subsists and notwithstanding the higher competence of the local, self-governing regional and central administrative authorities, and of the right to pass on the costs or payments made in the accomplishment of such missions against whomsoever it may concern.

Article 10. PRIVATE PROPERTY AND SERVICES

The cost of the maintenance, administration and management of the areas defined as private property in the Residential Estate will be met by the owners thereof, who shall keep them in perfect condition , and the Agency may make improvements to them, subject to prior written request granting a time period of fifteen days in which to carry it out, and if that is not done, carrying it out.

Article 11. CONCERNING THE MEMBERS OF THE MANAGEMENT AGENCY

All the natural and corporate persons, including property owner associations, owners by any title of plots or sites within the Residential Estate, or owners of real property rights within the scope thereof will form part of this “Management Agency”, in their capacity of full members.

Article 12. RIGHTS OF MEMBERS

a)      To exercise over their private properties the rights and authority that their title of ownership vests in them.

b)      To use and have the benefit of the common or general services and belongings in accordance with their nature and the regulations and ordinances that regulate the exercise thereof.

c)      To be voters and eligible for the offices of the different organs of the “Management Agency”.

d)      To attend with the right to speak and vote at the General meeting of the “Management Agency”.

e)      To ask for the organs of the “Management Agency” to intervene in order to resolve the differences that might arise with other property owners on the Residential Estate concerning the use of the private, common, or general elements thereof.

Article 13. DUTIES OF THE MEMBERS

a)      To act with due diligence afforded by their nature in the use of the common property, services and facilities.

b)      To respect and maintain the commonly-used general areas, services and facilities, as well as those of the other members.

c)      To refund damages caused by their fault, negligence or that of the persons for whom they are responsible in the same areas, services and facilities.

d)      To keep to their own plot and buildings in a god state of cleanliness and maintenance.

e)      To contribute proportionally with their participation fee quotas towards the general upkeep and maintenance, repair, replacement or improvement expenses for the common use property and the services, contributions, encumbrances and responsibilities attributable to the “Management Agency” which are not liable to be individualised.

f)       To contribute likewise  to the special expenses, acquisitions or improvements that are approved by the competent organs of the “Management Agency”.

g)      To observe due considerations with the other property owners; and to answer before the “Management Agency” for the infringements committed both by them and by the occupants of the respective properties, whatever the title of the occupation may be, withstanding the legal actions that may be appropriate in each case.

h)      To avoid any conduct that may cause discomfort or inconvenience to the other property owners in the normal and peaceful enjoyment of their respective properties, as well as of the aforesaid property and services.

i)        To inform the Administration Office by registered mail of their changes of address or of ownership of the plot, as well as, where applicable, the names of the chairpersons of the Association of Owners thereof, who, in turn, will communicate the changes that take place in those offices. These changes shall be made within fifteen days of the changes having taken place. Until those changes are notified, the foregoing will remain in force in all events, and the plot itself will always be responsible for payment, whoever the owner may be.

Article 14. FINANCIAL REGIME

The “Management Agency” is incorporated with the fundamental assets of whatever property and rights form part of the assets of the Association.

It will, moreover, as an essential resource, have the ordinary or special participation fee quotas of or proportional levies charged to the property owners; the surplus of the annual budgets approved by the General Meeting, and the revenues from tariffs, donations, authorisations, indemnity payments, rentals, income from its property and others to which it might be entitled.

The Steering Committee may dispose of the surplus produced in the financial year in the different budget items, to attend to the negative deviations that other ordinary or special budgets may sustain during the course of each financial year, and even to carry out the works set out in Art. 19.

Article 15. PARTICIPATION FEE QUOTAS

In order to establish the rights and obligations, encumbrances and expenses of the property owners, each plot or site will have the participation fee quotas assigned in the deed of new building work.

The owners of the plots that have not been built up, and the plots on which, for any reason, they did not live in or had abandoned or stopped renting their respective buildings even as a result of force majeure, will contribute likewise towards the upkeep and maintenance expenses, without exception, in the proportions and conditions indicated in these Bye-Laws.

Article 16. PRIVATE EXPENSES

The charge for taxes, excise taxes and contributions that are or might be levied on the property independently or, at least, in an assessable quota, and the cost of the private supply services for each of them will be met by the respective property owners, and considered as private expenses, totally separate from their participation fee quotas.

Article 17. ANNUAL SETTLEMENT

In the month of March each year, the Administrator will draw up the Balance Sheet for the previous year, ended by calendar years, and in conjunction with the Budget project for the next financial year they will be exhibited during the month of April each year to all members of the “Management Agency” at the administrative offices, who may obtain a photocopy of the financial documents at their own expense.

Article 18. RESERVE FUND

The ordinary budget will be increased in each financial year by a percentage to be decided by the Administrator, and to be approved at the Meeting that he will arrange, or be used to enlarge a reserve fund up to a maximum amount fixed by the General Meeting.

Debiting the reserve fund, the Steering Committee may meet the cost of the special repairs that the management of its property and services calls for, or those other special expenses for various purposes that are deemed fitting or necessary and are approved by the General Meeting or by the Steering Committee if they were acknowledged to be opportune or urgent.

The Steering Committee may carry them out provided that the sums are financed without increasing the participation fee quotas and provided that it does not mean decreasing the reserve fund by more than 50% of its endowment.

Article 19. PAYMENT OF THE FEE QUOTAS

The annual sums that the property owners must pay according to the approved budget, whether ordinary or special, will be paid to the Agency Administrator, at its business address or be payment into a current account and by advance annual payments. Each member is entitled to be informed and under the obligation to find out from the administrative offices of the agency what fee quotas or annual proportional levy he has to pay in each subsequent annual payment, so that such fee quotas or proportional levies will always be periodic and with no prior warning, and may be claimed within the first two months of each year. Any fee quotas not paid within the same month will face a surcharge of 10% plus 10% annual interest in favour of the “Management Agency”, and be paid together with the cost of the principal with no other formal requirement than the stamping of the primitive bill and a record made of the total accumulated amount on the back. If the property owner should fail to pay the fee quotas owed plus the aforesaid surcharge within the time agreed, the amount thereof and that of the costs caused and the sanctions that the competent Administration duly dictates will be claimed by execution of the attachment procedure.

The  agency may also resort, at its choice, to the ordinary process of law in order to collect the unpaid fee quotas, after the voluntary period of payment indicated above has elapsed, and for that effect it will suffice to ask for the original copy of the unpaid bill, stamped with the aforesaid surcharge.

In that event, the defaulting debtor will meet the cost of any expenses of any kind caused by the legal proceedings instituted by the Agency, including court fees, lawyer’s fees and the rights of the legal representative in court, etc and even when, owing to the nature of the proceedings chosen, the intervention of these professionals is not mandatory or the Court does not impose them.

No member may induce, in order to avoid payment or payment of its surcharges or expenses and legal proceedings for collection, failure to present the bill as it is understood in every case that he is obliged to pay it in the said voluntary periods (first two months of each year), without notification or prior demand of any kind at the administrative offices of the Agency.

Every property owner will be able to pay the bills for his fee quotas by direct debit, at his own risk and cost, in the credit establishment where the Agency has a current account.

The different concepts thereof should be specified in the bills.

Article 20. COLLECTION PREFERENCE

The rights in favour of the “Management Agency” that arise out of the obligation of the property owners to contribute towards paying the common expenses and, as such, out of the proportional levies that are agreed, will take preference over any other, and the relevant property will be encumbered towards their payment, whoever its owners was at each particular time and its purchase title.

Article 21. SITUATION AND MOVEMENT OF FUNDS

The Steering Committee being an organ of the “Management Agency”, will open one or more current accounts in its name in the Banks or Saving Banks, in order to make arrangements through them and to have as far as possible its liquid assets deposited in them.

In order to withdraw funds and perform the bank traffic operations, the signature of the professional Administrator will be necessary, jointly with that of the Chairperson or Treasurer.

In any case the sole signature of the Administrator can be accepted, subject to prior agreement by the Steering Committee.

Article 22. ORGANS

The “Management Agency will be run by the following organs:

a)      The General Meeting

b)      The Steering Committee

c)      The Chairperson who likewise will be the chairperson for the General Meeting and Steering Committee.

d)      The Deputy Chairperson, who likewise will be the deputy chairperson of the General Meeting and Steering Committee.

Article 23. GENERAL MEETING OF MEMBERS

The maximum governing and decision-making organ of the “Management Agency” is the General Meeting of members, formed by the meeting of all the members comprising it, duly convened and formed. Its decisions provided that they are not contrary to the regulations of the Urban Planning Scheme in the area ,the laws and reglamentary  provisions or these Bye-Laws, are compulsory for all the property owner, binding on both the members present and members absent from the Genera Meeting.

Apart from the persons that the Steering Committee invites to attend, owing to the fact that some specific report has to be presented, and the representative of the Acting Administration, Legal Advisor and Administrator, nobody else who is not a member will be allowed access to it.

Article 24. POWERS

The powers of that organ will be as follows:

1)      To appoint and remove the members of the Steering Committee from their offices and resolve the claims that the property owners bring against the action of the former or latter.

2)      To approve the ordinary or special budgets for expenses and revenues and the current accounts, as well as their alterations.

3)      To approve the execution of special or improvement works, facilities and services or ratify those carried out on an urgent basis.

4)      To approve or reform the Bye-Laws of the agency.

5)      To be acquainted with and decide on matters of general interest to the Agency and the measures necessary or appropriate for the fulfilment of its purposes.

6)      To acquire or dispose of common property Or change its destination, within the legal provisions that regulate it.

7)       To consent to easements on the common property.

8)      To delegate some of the powers set out in subsections 3, 5 & 7 totally or partially to the Steerring Committee.

Article 25. MEETINGS

A)     Ordinary Meetings. The General Meeting will meet on an ordinary basis at least once a year, at 10 o’clock on the fourth Saturday in the month of March, in the first convening or on the same day at ten thirty hours, in the second convening. The meeting will be held in the office of the Administration, or failing that in the place indicated there in a place visible from the  outside 30 days before it is held and until it ends.

B)     Extraordinary Meetings. The General Meeting will meet on an extraordinary basis when the Chairman calls it or it is requested by three or more members of the Steering Committee or by a group of property owners representing at least 25% of the participation fee quotas, or if the title holders of a quarter of the members of the Agency should ask for it to be held.

Article 26. NOTICES OF MEETINGS

The ordinary meetings will be held annually on the pre-established dates without specific prior notice at the address of the agency.

When it seems fitting, the Steering Committee will convene the extraordinary meetings indicating what matters are to be dealt with and designating the place, where and time when they are to be held, by publishing the notice in a newspaper with wide circulation in the Region, at least ten calendar days in advance. Notwithstanding the foregoing, and without it being notification as such, the Board may send a circular letter to the property owners with the contents of the agenda, for better information.

The General Meetings will be held at the registered offices, provided that no other place is indicated in the notice of the meeting, which in all cases should be inside the Residential Estate.

Article 27. ATTENDANCE

Any member may attend represented by another member, and should notify such delegation in writing, at least ten days before the date on which it is to be held by registered mail or personal delivery at the Agency Administration office.

Article 28. QUORUM

The General Meeting will be considered to be validly called and formed, in the first convening, when it is attended by fifty percent (50%) or more of the total votes or participations, present or represented.

The meeting may be held in the second convening with any presence of votes or participations attendant and their resolutions will be valid and compulsory, even for those absent or dissenting.

Article 29. AGENDA

At the Extraordinary General Meeting, agreements concerning the items on the Agenda only may be made.

The Agenda will be set out by the Chairperson in the notice of the meeting, with the exception of the annual fixed ordinary meetings when it will be in any case for :

  1. Report of the Chairperson on the progress of the affairs of the association of property owners.
  2. Examination and approval, as is the case, of the accounts and balance sheets for the previous financial year.
  3. Examination and approval, as is the case, of the budget for the financial year.
  4. Appointment of members of the Steering Committee.
  5. Any other business.

Article 30. MAJORITY VOTES REQUIRED

The General Meeting formed will decide by majority vote on all the items within its powers, with the exception of those for which the law requires unanimity.

All the property owners, even those who had not attended the meeting, will be bound by its resolution, which will be enforceable immediately.

Resolutions contrary to the urban development regulations in force envisaged in these Bye-Laws within the area of the Agency, the law or the Bye-Laws and those that infringe the principle of equal distribution or encumbrances and benefits among the associates, will be open to appeal before the competent jurisdiction.

Article 31. MINUTES OF THE MEETINGS

The resolutions of the General Meeting will be recorded in minutes signed by the Chairperson and Secretary and three more members freely designated by the General Meeting from among the members present, to approve and sign their content on behalf of everyone. The resolutions of the General Meeting will be recorded in a Book of Minutes, duly numbered and stamped by the Acting Authority, or by a Notary.

Article 32. THE STEERING COMMITTEE

The Steering Committee will be composed of at least four members elected by the General Meeting of property owners and by another member on behalf of the Acting Authority.

Once the Committee has been formed, it will appoint the Chairperson, Deputy Chairperson, Treasurer and Secretary from among its members.

The Lawyer and Administrator of the Agency will form part of the Steering Committee with authority to speak but not to vote. The Administrator shall be a qualified Property Administrator and will be appointed by the Steering Committee for a minimum period of five years, although he may be removed from his office at an Extraordinary General Meeting for serious proven failure to discharge his obligations.

Likewise a practising Legal Advisor will be appointed, who will hold that office for the same period and will be removable for identical reasons as those for the Administrator.

The designation of the members of the Steering Committee will be entered in the Register of the Regional Board for Territorial Policy.

Article 33. RENEWAL OF OFFICE

Notwithstanding the remuneration payments that are appropriately assigned to the technical or administrative members of the staff of the Agency, all of the offices of the Steering Committee with the exception of the Administrator and Lawyer, with whom the Steering Committee will make its own fee arrangements, will be gratuitous and will last for a period of five years.

All the members of the Body may be re-elected. The vacancies that arise during the lifetime of each term of office may be covered temporarily by the Steering Committee subject to the ratification or substitution to be agreed at the first Steering Committee meeting that is held. Nevertheless, the vacant post of the Chairperson will always be covered by the Deputy Chairperson and, in the absence of them both, by the oldest member.

All notwithstanding the fact that the General Meeting may, at any time, remove the members of the Steering Committee from their offices. The rules of this article will not apply to the representative designated by the Acting Authority.

Article 34. MEETINGS

The Steering Committee will meet at least once every six months and whenever it is called by the Chairperson or requested by any of its members, and its resolutions will be adopted bt the simple majority present at its meetings.

The Steering Committee will be construed to be duly convened when it is attended by at least fifty per cent (50%) of its members, and among them the Chairperson or Deputy Chairperson, unless they have furnished prior written justification that they are unable to attend.

All the persons attending will be entitled to just one vote, regardless of the representation that they hold.

The Chair will have the casting vote.

Article 35. POWERS

The Steering Committee will have the following powers:

1)      To order the execution of ordinary or special works and repairs within the limits imposed by the Budget and these Bye-Laws.

2)      To manage and normalise everything that has to do with the maintenance and use of the common property.

3)      To appoint the Agency employees and remove them from their offices.

4)      To have knowledge of compliance with all the compulsory regulations applicable within the area of the Residential Estate, as well as of their possible infringements and, subject to the prior technical and/or legal advice necessary, decide to take the pertinent actions, or where appropriate, to urge the Administration to take the appropriate actions.

5)      To propose the Budgets and their alterations to the Meeting as well as the performance of works and establishments of newly-created services.

6)      To exercise the other powers that are delegated to it by the General Meeting.

7)      To resolve the differences that arise between the property owners in relation to peaceful coexistence and use of common elements.

Article 36. POWERS OF THE SENIOR OFFICES

It is incumbent on the Chairperson to:

  1. Discharge the resolutions  of the Steering Committee and of the General Meeting and ensure that they are discharged, and ask the members to pay their orinary and special fee quotas by any of the channels that may be chosen.
  2. To have full representation of the Agency in all the mandates and before any body or official agency, whether public or private, Courts and Tribunals of all kinds, jurisdictions and levels, natural or corporate persons, being able to make decisive or non-decisive court confession under oath and grant powers to Lawyers and Legal Representatives in Court to take the necessary legal actions.
  3. To call and chair the General Meeting and Steering Committee, drawing up the agenda and directing the discussions.
  4. To open current accounts in the different banks together with the Administrator when necessary, and if the latter is not authorised exclusively, cheques (sic); to accept, issue, endorse, pay and collect bills of exchange; to order transfers; withdraw funds; make deposits; jointly, to ask for cheque books and sign the necessary documents, with the limitations indicated in Article 22.
  5. To order the payments and deposits, respecting the limits imposed by the different budget items.
  6. To control the functioning of the different services of the Agency.
  7. To decide with his casting vote the ties that occur in the resolutions of the Steering Committee.
  8. To oblige the property owners and title holders to maintain the good upkeep and decoration of their properties, to prevent acts which might threaten the maintenance of the aesthetic assets of the Agency and urge the Authorities and bodies to take enforcement procedure and attachment proceedings to make the property owners and building companies discharge their duties.
  9. To sign all the public or private documents that refer to the Agency and, with the Secretary, the minutes of the meetings of the General Meeting and the Steering Committee, legalising with his approval the signature of the latter.

It is incumbent on the Deputy Chairperson to:

Stand in for the Chairperson in all events of absence, illness, disability, resignation, dismissal or death.

It is incumbent on the Town Planning Advisor Member to:

To issue reports on bringing projects in to line and adjusting the works to the urban development regulations currently in force in the area, informing the Steering Committee thereof.

It is the incumbent on the Secretary to:

Write up the Minutes of the meetings, issuing with approval of the Chairperson certificates thereof, and to perform such other functions as the Meeting indicates to him.

It is incumbent on the Treasurer to:

Look after the funds of the Agency, order the payments alternatively with the Chairperson and always with the Administrator in the event that the latter is not authorised to perform this function, make the collections, draw up the proposals for the annual budget and do the accounting himself and through the employees that the service is provided with, as is the case.

The Deputy Secretary and the Deputy Treasurer will stand in for the respective incumbents in their  absence.

It is incumbent on the Professional Administrator to:

Control, together with the Treasurer, the accounts of the Agency as well as the balance sheets, budget and, in general, provide all the advice and assistance that is incumbent on him by virtue of his professional qualifications, and in particular to arrange and make the notifications to the ordinary or extraordinary General Meeting, as well as the safekeeping of the books of the Agency.

It is incumbent on the Legal advisor to:

Furnish legal advice about the functioning of the Agency, as well as to give a report on all the communal issues of the latter, his attendance being necessary at the meeting of the Steering Committee and General Meeting, so that they observe the legal requirements, and in general to defend the Agency both in its internal aspet and as regards third parties.

Article 37. WORKS ON COMMON PROPERTY

No property owner may alter or perform works on any property or services of general or common use of the Agency and should he notice the need for urgent repairs, he shall notify the Chairperson in that case.

Article 38. MAINTENANCE AND WORKS IN PRIVATE AREAS

No property owner may perform works or architectural building works on his estate without having presented the relevant project in order for it to be submitted for the granting of licence to the competent urban development authority subject to prior authorisation by the Steering Committee.

The owners of plots that are not built up will be under the obligation to keep them perfectly maintained and clean, within the time period of one month counted from the request made to the effect by the Chairperson of the Agency.

If after the time limit has elapsed, that request had not been discharged, the Agency will perform the appropriate works at its cost, and will pass on the charge thereof to the property owner through the channels indicated above for the fee quotas plus a surcharge of 1% per month of interest in the sums employed from the application, free of any deduction and computable up to date of their full payment.

Article 39. COMPULSORY NATURE OF THE PARTICIPATION

Relinquishments of common use property or of the common services, or the declaration not to participate in them, or to forfeit such services, for the purpose of being exempt from paying the participation fee quotas in the common expenses will not be admissible.

Article 40. DISOLUTION

The “Collaborating Organization and Conservation” of the urbanization is dissolved for the reasons set forth in applicable laws and with an absolute majority of votes and shares. In this case the general meeting, agreed as appropriate to bring to conclusion the solution. In any case, payments are made outstanding debt-collection of operations and liquidation and the sums of money or funds remaining after the final settlement will be delivered to the Acting Administration, so that in the way intended by the regulations applicable works of conservation, restoration or improvement of facilities of the urbanization.

Article 41. JURISDICTION

For the proper interpretation of these statutes, as well as to all issues, contentious or otherwise, of a civil nature that may arise within the entity, the owners and any other owners expressly agree to submit to the jurisdiction of the authorities, agencies and decide upon the that depends renouncing their own jurisdiction, if preferred, without Prejudice of administrative powers by reason of the material concur.

AUN – Weekly Report – 25.09.09

Saturday, September 26th, 2009

Weekly Report 25.09.09

29% higher education

29% of the Spanish population, aged between 25 and 64, have received higher education, with 39% of those aged 25 to 34 having a university degree. This is 1% higher than the average of the OECD countries. However, 49% have only received obligatory education, although this group has diminished over the past ten years, from 69% in 1997.

EU: Deficient and expensive Spanish banks 

An investigation of the European banks by the European Commission reveals Spanish banks charge the highest commissions and that many of their service charges are poorly explained.  The report accuses Spanish banks of providing confusing information, making it practically impossible for the clients to see what is being charged for and thus clients are unable compare the costs with other banks. Brussels is currently considering whether to publish the report.

At the beginning of September the Bank of Spain complained about high increases in charges on credit and debit cards.   OCU (the Consumers Organisation) has also protested at the increases and calculates each account holder pays on average 275 euros yearly for banking services.

Spain still substantial beneficiary of EU funds

The final report for the last audited year of the EU (2007) has just been published. It shows the EU spent 114 billion euros that year, or around 1% of the total GDP of member states. Most of the money was spent on assistance to farmers, development of rural areas and on aid to the poorer regions. Spain is still the second largest recipient of EU funds, only narrowly beaten by France but ahead of Germany , Italy , Greece , Poland and UK .

Euro funds for forest burning

The European Parliament recently debated forest fires, including provisions for more thorough investigation into the causes, so as be more able to prevent them, and a revision of the policy for ‘land use’ to avoid fires being intentionally started to make space for urban speculation.  In the vote which followed, the PP-deputies in the Euro-chamber voted against the proposals of Perellò.

BBVA sells 1,350 branch offices

A Deutsche Bank property fund has purchased 80% of the 1,350 branch offices put up for sale by BBVA. The offices will be leased back to the Spanish bank for a period of 20 to 30 years. The deal will result in an income of 1,600 million euros for BBVA. Banco Santander has concluded an agreement with its employees which will result in their branches being closed on Saturdays,.  Clients will thus be left with just the services of the cash machines.  

Tourism down 8.1% in August

According to figures released on Monday by the Industry, Tourism and Trade Ministry, overseas visitors fell by 8.1 percent last month compared with last year, to 6.7 million; the largest monthly fall since 2000, whilst the total number of arrivals was the lowest since 2001.

The number of visitors from Britain — Spain ’s largest market — dropped 14.4 percent to 1.7 million as the depreciation of sterling against the Euro gave British tourists an added incentive to stay at home. Arrivals from Germany fell by a similar figure to under 1 million. Germany and Britain together accounted for almost 40 percent of total arrivals in the month.

Attack on “Health Tourism”

The President of Extremadura, the normally lucid Juan Carlos Rodríguez Ibarra, has attacked suspected “health tourism” to Spain, where foreigners come to Spain on a 300 euro air ticket to get a hip operation free of charge. He demanded a health system “For the Spanish and only for the Spanish”.

His demand has been refuted by the Minister of Health in the national government, who said she is proud of the way the health system is working.

“Submerged economy” up 30% since July

The Government reports that due to the increase in unemployment, the submerged economy has increased 30% since July. The black economy consists of companies where the workers do not pay into the social security system, where they are given salaries below the permitted minimum, where illegal foreign employees are used or where there are poor safety provisions. The sectors employing the most ‘black economy’ are agriculture, hotels and construction.

Non-paying Regions

The Regional Governments have been living beyond their means for a long time and some cannot pay their debts. The President of the Galician Regional Government has refused to pay back a 2,000 million euro advance from the National Government, and he expects other Regions will follow his example. The Regions with the greatest debts are Catalonia , 23,746 million euros “in the red” or 11.8% of their GDP, followed by the Valencia Region, 13,996 million, 13.4% of their GDP.

AUN – Weekly Report – 11.09.09

Friday, September 18th, 2009

 

Margrete Auken

The editor of the report on Urbanistic Abuse and Landgrab in Spain

 that was approved with great majority by the European Parliament,

will speak on a conference in

Hotel Sun Palace, Alfaz del Pi, c/Hércules 1, El Albir, Alicante on the
 26 September 2009, from 6pm until 8pm

Open to the public 

 

 

 

More public works

The Government announced that, during the remaining months of the year, it intends to spend a further 6,800 million euros, on public works concentrated on the transport sector.  This is in addition to the 19,000 million euros designated during the first 7 months of the year.

Cheaper mortgages

The index for mortgage interest rates is falling. The Euribor, at the end of July stood at 1.412%, as much as 73.81% less than a year ago. An average, a mortgage on a dwelling of 70 m2 in Barcelona or Madrid would be 191,000 euros.

20% unemployment?

Celestino Corbacho, Minister of Labour and Social Affairs,  has confirmed that if unemployment continues to increase at the same rate as over the past years, it may reach 20% by the end of the year, or the beginning of next year. At the end of the second quarter, unemployment reached 18.9%, the Government’s previous estimate for the year. The social security system lost 142,244 contributors in August.

80% against increased taxes

According to a recent opinion poll, only 10% of the population support the Government’s proposal to increase taxes;  eighty percent were opposed to this method of reducing the public deficit. Most of the political parties, with the exception of IU and ERC (Aggressive Nationalists in Catalonia) are also against increased taxes to fight the crisis. The Government, being in minority in the national parliament, needs the support of parliamentarians from other parties to get the budget for next year approved.

Costly “swine flue”

According to an investigation by the company Adecco, ‘A flue’ may cost Spanish companies 1,000 million euros and affect 12% of employees. It is estimated that the average duration of sick leave for a person contracting the flue is seven days. Companies will have to contract short term workers for 12.5 million man hours to compensate for the off sick employees.

15 banks “in the red”

The association of banks in Spain (AEB) reports that 15 of the 75 banks operating in Spain lost money during the first half of the year, five times more than the losses during the same period last year. Net profits of the remaining banks were 8,551 million euros, 12.1% less than the first half of 2008.

2,000 dwellings to be demolished

More than 2,000 illegal dwellings in Chiclana (Cadiz) are in danger of being demolished. A further 12,715 houses, without building permits, will be “legalised” in coming years. The dwellings to be demolished were built on land which either cannot be used for construction or on protected land. For the ‘legalisation’ of the rest, owners will have to pay 0.84% of the estimated value of their properties, up to 50,000 euros.

72.3% less building projects on Costa Blanca

The Colleges of Architects in the Valencia Region approved 5,270 new building projects during the first half of the year. That’s 72.3% less than during the same period last year. The rest of Spain saw a fall of 63.4%.

 Industrial activity continues to fall

The index for industrial activity fell 16.7% in July compared with the same month of last year. This is the 15th month industry has shrunk. Over the first seven months of the year, the fall was 20.7% compared with the same months of 2008. Production of electronic goods fell 35.8%, furniture production was down 31.9% and 30.6 less vehicles were produced.

Czech Republic more competitive than Spain

For the first time an Eastern European country has overtaken Spain in the list of ‘Most Competitive Countries in the World.’   The Forum of the World Economy placed Spain 33rd in its annual report for this year, down from 29th place last year. Most competitive were Switzerland, USA, Sweden, Denmark, Germany, Finland, UK and France.

 

 On the list of foreign councillors in Spanish municipalities we missed one: Lisa Svoboda, she replaced a Spanish councillor in the municipal council of Benissa.

 Still not changed the Will?

For several years we have recommended foreign couples with a standard dwelling in Spain, who have children who will subsequently inherit the property, to check, and eventually change their Wills. However, we still have cases reaching us where the owners (couples) have named each others as their heirs, and the children only as next in line.

Let us give an example: A couple who, in the escritura, jointly own a property valued at 300,000 euros, make each other their heirs and their two children only to inherit on the death of the surviving spouse. When the first spouse dies, the surviving spouse must pay inheritance taxes even if there are certain permissible deductions (for details see the article about Inheritance on our web page under Fact Sheets). 

When the surviving spouse dies, the two children each inherit 150,000 euros from the total inheritance. Thus, in maybe a relatively short period, the family has paid inheritance taxes on 150% of the value of the property.

An easy way to save taxes

We would recommend the owners to make a Spanish Will (or change the existing one) so that the children inherit directly on the death of each parent. When the first spouse dies, the two children to inherit 75,000 euros each (½ each of the first ½ half of the value). They can both use the standing deductions, and the taxes are greatly reduced or obliterated totally, and its the same when the second spouse dies.

In some cases the owner-generation will think: No, we will not want to make our children owners of the property before we both die, they will only want to sell it to get at the money! But in reality the children have almost no chances of selling a property where the owner of 50% of the property is against such a sale.

Other parents think: No, the surviving spouse must be free to sell the total property and use the proceeds. This is a valid argument against our proposal.

Others again would say: No, we will not make a Will at all, and when the first of us dies we shall not report it and pay no taxes. The taxes will be paid when the children inherit when the second parent dies, based on a Will in our home country or without any Will.

Intestate and Spanish Will versus Will in home country

No doubt, if you make no Spanish Will, the inheritance will be done according to a Will in your home country, or in accordance with the law. But be aware, that a Will in a language other than Spanish would have to be translated by a certified translator and if it contains stipulations not relevant to Spanish law, it may be refused. And a stipulation in a foreign will, giving the surviving spouse the right to use the assets without making a division and transfer, is one of those non-relevant stipulations.

Secondly, Spanish law demands that upon the death of someone possessing assets in Spain, it must be reported and an inheritance performed. You can be fined if it is not done within the 6 months grace period allowed for making inheritance tax declarations. Only after 4 years and 6 months are the taxes negated, but what happens if an inheriting spouse dies before this time lapses? You leave your children in a legal mess.

Only the lawyers will thank you.

Tip of the iceberg

Known corruption in Spanish political parties

The political parties are busy denying or diminishing the corruption cases amongst their leaders, even defending those accused. The newspaper “El Pais” has published a list of public representatives from the two main parties, PP and PSOE, who are in prison, having been sentenced or under investigation for corruption over the past 5 years, all in connection with ‘urban slime.’

The paper has found that 123 public representatives have been accused of corruption, 90 from Partido Popular and 33 from PSOE, the socialist party. The corruption is most widespread in the regions where building activity has been the greatest, i.e. the Valencia Region, Murcia, Baleares, Andalucia, Canarias, Galicia and Madrid.

Balearic  islands

The most recent case happened this summer: a judge is investigating the supposed embezzlement of millions in connection with the construction of the velodrome Palma Arena. 12 leading members of PP stand accused, amongst them the present spokesman for the party in Palma and two general directors. The police took them in handcuffs to the interrogations.

The PP mayor of Andratx has been sentenced to 4 years imprisonment and the previous general director for urban matters in the region got 8½ years.

Also brought in hand cuffs to the court were those charged in the case “Scala” (bribes in the organisation for economic development). One general director spent 4 months in prison during the investigations.

PP has two deputies in the regional parliament under investigation by the court, and 3 more cases pending: in the organisation for Youth Tourism, in the public company Bitel and in an undertakers in Palma.

The socialists (PSOE) on their side have defended the mayor of Calvia, Margarita Najera, accused of taking bribes. Also accused is the socialist president of Ibiza, the mayor of San José and a director general. In the Ibiza case the court is also investigating the suspected illegal financing of PSOE.

Canary islands

The Operation ‘Faygan’ (Telde, Gran Canaria) where the PP mayor and 5 other council members stand accused of taking illegal commissions, is not yet concluded, neither is the ‘Gondola’ case, where the mayor of Mogan and a council member are suspected of have taken commissions. In the municipality of Santa Brigida a third mayor and 4 council members are being prosecuted for commissions. In El Rosario 4 PP members, including the mayor and two ex-mayors, are under investigation.

In Granadilla the PSOE mayor and two more council members are under investigation for corruption in connection with licenses for photovoltaic installations.

Murcia

Seventeen public representatives from PP and 5 from PSOE are accused. The PP mayor of Totana was apprehended by the Guardia Civil in his house in November 2007, accused of forming part of a network cashing illegal commissions for massive re-designation of land into ‘building land.’  The mayors of Fuente Alamo and Torre Pacheco (same party) are accused of influence peddling and possible illegal financing of the local party branch. The same in Librilla, where the mayor and the councillor for urban matters were arrested. The mayor of Aguilas is accused of irregular reclassification of a property. And the mayor of Fortunas, accused of buying votes.

The socialist mayor of Lorca, and another two councillors were expelled from the party when they were accused, also the ex-mayor of Los Alcazares.

Valencia Region

The Supreme Court of the Region has decided to file (shelve) the accusations against President Camps for having taken free clothes from the leaders of the “Gürtel” Organisation, who are accused of having spun a nationwide network of corruption from their PP-base in Valencia.   However, the prosecution in the case at the Madrid courts has demanded the revelation of all contracts and payments between the Valencia Government and thirteen companies belonging to the “Gürtel” group.

Carlos Fabra, the President of the Diputación Provincial of Castellon had a visit from the Agency for Tax Collection. They found 600,000 euros that could not be justified. He has been accused of influence peddling, continued falsification of documents and tax frauds.

The PP-mayor of Torrevieja stand accused, an ex-mayor of Orihuela, a councillor in Calpe, and another in Albatera.

The socialists have expelled the mayor of Bigastro and two more council members. Also the mayor of San Fulgencia is accused, together with two council members.

Andalucia

Two POSE mayors – those in Estepona and Alcaucin – are both expelled from the party, whilst the mayor of Alhaurin el Grande (PP) continues in the party leadership and as mayor. All three have been detained over the past two years. But there are many more: In Aljaraque (Huelva) the mayor (PP) and the councillor for urban affairs were detained for tax fraud and ‘laundering’ money. The PP councillor for urban matters of Alhendin (Granada) is on bail.

PSOE continue to support the mayor of Jerez de la Frontera in spite of her being accused of prevarication and falsification, as well as the mayor of Concepcion (Sevilla) accused of taking bribes.

Madrid

The operation “Gürtel” with leaders in Valencia, using companies infiltrated in the administration of PP, made great inroads amongst the PP leaders in Madrid: 11 leaders are accused. 3 mayors have had to step down after it was found they had taken bribes in the millions, together with an ex-mayor. Two more leading charges and 3 members of the regional parliament also stand accused. Senator Barchenas (also national treasurer of PP) is under investigation by the court, as well as a member of the national parliament.

Among the socialists, the scandal came in Ciempozuelos: The mayor had to retire, he and an ex-mayor were detained for cashing commissions. They are now out of prison after paying bail of almost a million euros each

Galicia

Two councillors in Gondomar (Pontevedra) were detained receiving a 50,000 euros bribe for re-designating some land. The mayor (PP) and another 5 councillors were condemned to 18 months imprisonment.

What we have seen so far, is only the tip of the ice-berg of corruption amongst the political parties and their leaders.

AUN – Weekly Report – 18.09.09

Friday, September 18th, 2009

The conference with MEP Margrete Auken will take place Saturday 26th September from 6 pm until 8 pm at Hotel Sun Palace in Albir.

 

Smoking forbidden

The Minister of Health, Trinidad Jimenez, has stated smoking is to be completely forbidden in all bars and restaurants. The owners of the bars and restaurants, which have not complied with the present part prohibition, are up in arms, although recent opinion polls confirm that a solid majority of the population support the deference to public health.

PRISA breaks with PSOE

The important media group PRISA (newspaper “El Pais” and radio channel SER) are now in opposition to the socialist government of Rodriguez Zapatero. Since the days of Felipe Gonzalez (Prime Minister from 1982 until 1996) and the influential media group of the family Polanco, an alliance had existed which contributed to several of PSOE’s election victories.

Independence for Arenys de Munt

In a referendum held by the Catalan Municipality, on whether Catalonia should become an independent state within the framework of the EU, there was an almost unanimous vote for independence from Spain. However, only 41% of the 6,515 inhabitants took part in the plebiscite.  In the last general elections, participation was 70%.

Las Vegas in Jacarilla

Under the scandalous Valencia property laws (roundly condemned by the European Parliament) the municipality of Jacarilla, in the southern part of Alicante Province, comprising only 2,000 inhabitants, has approved a plan to build 1,226 dwellings on 764,523 m2 land.  The “Agente Urbanizador” is the infamous promotion company Urbanizadora Villamartin.

60.5% of Spaniards use Internet

There are now 24.3 million users of the Internet in Spain, albeit only 49% of homes are connected. 90.3% of those between 16 and 24 years are active users (the average for EU is 83%) whilst only 8.9% of those between 65 and 74 are users.  A further half million join the ranks of the Internet-users every six months.

Promoter Nozar goes broke

One of the biggest remaining property promoters in Spain has gone broke owing tax payers in the country, represented by the Hacienda, 180 million euros.  Many banks will also loose substantial sums.

The promoter Evemarina, that was the 10th biggest company in the province of Malaga, has gone broke, and its owner, the architect Borja Ramos is in “unknown whereabouts”.

Court blocks 8,800 dwellings

The Superior Court of Madrid has blocked a planned urban development of 8,800 dwellings adjacent to Barajas airport, because of the serious impact of noise from planes.  The General Director of Urban Matters in the Madrid Region, who had approved the plan, had previously worked for one of the companies promoting the macro-project.

The bubble that burst

In the first quarter of 2007,  230,755 new and second-hand dwellings were sold in Spain.  In the same quarter of 2008, the number was 159.088 and in the first 3 months of this year, in spite of the huge efforts by the banks and promoters to get rid of their “stock” sales were down to 104,703; a fall of 54.63%.

The professionals “with their rose coloured glasses” are now talking about a “moderation in the fall of sales” and comparing sales levels with only those of 12 months ago, without taking into consideration that at that time the property crisis had already begun and sales and prices had already fallen considerable.

Property crisis for 7 more years

The “Yearbook of Property Market 2009” published by the consultancy company Acuña & Acosiados, estimates there are 1.67 million unsold dwellings in Spain (close to our estimate) and that the property crisis will last another 7 years (with the crisis years already passed pretty close to our estimate of 13 years). The company expects property prices to fall another 22% by 2011.

Property sales down 16% in Alicante

The national institute of statistics reports that the sale of new properties in the province of Alicante fell 16% in July. The promoters sold 1.983 dwellings, 305 less than in June. Over the 6 first month of the year, property sale in the province is down 44% compared with the same period of last year, and 64% less than in 2006.

Proposal for tax increases

The Government has now presented tax increases proposals, designed to reduce the enormous public deficit. The proposals, intended to be included on  the budget for 2010, must be negotiated with minority party to ensure approval in Parliament.

Among the proposal is an increase in the Capital Gains from 18 to 20% (this is tax when selling a property – more information on our web page under Taxes in Spain).

11,202 endangered dwellings in Calpe

The General Directorate of “Costas” (the Coast) has drawn a new line 15.8 kilometres long for the public beaches in the municipality of Calpe (Alicante). Based on maps from 1992, and disregarding their own approval of new building projects, they have moved the beach line from 20 to 100 meters further inland in places like la Canuta, les Bassetes and Maryvilla. The municipal council has protested strongly against the new plan, which may endanger 11,202 dwellings, many of them foreign owned.

CRA/J Galvez Meeting 16th Sept 2009

Wednesday, September 16th, 2009

Jaqui Galvez Meeting Notes 22nd June 2009

Location : JG Office, Edificio Ayuntamiento, Mazarron.
Present : Jaqui Galvez (JG), Greg Green (GG), John Dawe (JD)
Start Time : 10.00am
1. Update on Masa/Council Relations – JG stated that after two aborted efforts Daniel Bascunana and his legal team from Masa attended a meeting with the Mayor and his legal team. Masa were made aware of what was needed to finish of Camposol to a sufficient standard to allow acceptance by the Council. JG was not optimistic that any of the requests would be undertaken and made it clear that that the Council would take all necessary steps needed to achieve its aims.
 
2. Situation with acceptance of Sector A by the Council – JG stated that there were two areas needed to allow the acceptance of Sector A by the Council :
a. The Masa architect certification of alterations already made such as the changes to pavements to allow disabled access. This was required legally for the architects to accept the standard of work undertaken.
b. The acceptance of the new sewage works adjacent to Sector B which is now used by the whole of Camposol. GG asked if this was tied to the acceptance and signing off of the revised Plan Parcial for Sectors B, C & D. JG said it was.
 
3. Situation With Revised Plan Parcial B, C & D Sectors : GG asked what the current situation was with the revised Plan Parcial for Sectors B, C & D. JG stated that the Confederation Hidrafica in Murcia had now been in written correspondence with the Council and had requested further documentation relating to the original planning process. This was now being provided by the Council planning office.
GG then instigated a discussion around the plight of owners whose villas were now considered dangerous and the few who had now come to the end of the road and had no other option then to go to their banks and arrange for the handing back of keys. This situation was also now happening on a weekly basis of those who wanted to return to the UK or could not afford their mortgages but are unable to sell their villas due to the lack of Certificates of Habitation. JG was sympathetic to these cases and also said that she had come across this situation through her own business interests.
 
4. Situation with Certificates of Habitation for Sector A – GG asked about the possibility of obtaining second certificates of habitation as mentioned in the bulletins from Sector A Homeowners Committe (Entity) in the local press. JG stated that this certificate was now known as the Licence of First Occupation and the process was not designed for the replacement of a lost or displaced document but rather a process for a resale owner to obtain an official document known as a Licence of Second Occupation. The owner would apply to the local authority who would check that the Licence of first Occupation was recorded on their systems and then for a fee and after a visit by the planning office to confirm any alterations to the property since the first licence a Licence of Second Occupation would be issued.
GG asked if the Council had a record of all of the licences issued to Masa for Sector A. JG stated that she was not aware of a record within the council but she did have access to a list from Masa which showed which properties they had received First Licences for and she presumed somewhere within the Council archives there would be a record of this. GG stated that it all sounded very complicated and he would be interested if anyone obtains a certificate using this process.
 
5. Road Markings on Camposol : GG stated that he had received several complaints from residents about the lack of road markings/signage at two road junctions on Camposol which has resulted in to at least three accidents over the summer. He was aware that the Council and police had insisted that these were the responsibility of Masa yet as Masa was obviously not going to correct these and with the danger of a serious incident occuring the council and police should now do something. JG stated that she would take the matter up with the local police.
 
6. The proposed management structure planned for the upkeep of Camposol by the Council and what actions are needed to make sure this process is in place ready for the takeover of sector A – GG asked what progress had been made with the project which JG had responsibility for as discussed at the last CRA/Mayor meeting of  6th May 2009. JG stated that this was still being worked on by the Council legal department and the prefered option was still one of the Council administrating the entity with responsibility of collecting taxes and providing services in line with budgets and works  agreed with a local residents management committee. GG stated that he believed that this was the option that the residents of Camposol would agree to as long as budgets were approved and the taxes collected were ring fenced for use on Camposol only.
 
7. Bus Service for Camposol - JG stated that she believed that this service was not likely to happen as the proposed provider had withdrawn from consultations. GG & JD both said that they were dissapointed as some kind of service was essential. GG said that he had expected a gentleman called Javier Marin Martinez the owner of Turistren to be at todays meeting to discuss the possibility of a local road train facility to be trialed for two months. JG said that she was aware of this initiative through the council Tourist Dept and had also expected Javier to attend. In his absence JG said they she thought a better option may be an electric bus owned by the same company and she, through the Torist Dept, would contact Javier to find out more details. GG said that he would also try to contact Javier himself.
 
8. School Bus Service - GG asked on the progress of getting the school bus for Mazarron to also pick up on Sector D. JG said that the bus owners were apparently unwilling to travel out to Sector D to do this. After a short conversation on the dangers put on the children walking across to Sector A for the bus JG agreed to speak again with the Education Department.
 The meeting was closed at 11.30am and it was agreed to hold another meeting in about a months time. Date and time to be agreed at a later stage.
 
GG would like to add to these notes that after attending many meetings with the Council over the last year he felt that this meeting was certainly held in a more positive atmosphere. There would appear to be a more urgent approach by the Council in their approach to our problems on Camposol and certainly a more positive approach on making Masa responsible for its actions. 

CRA Committee Meeting – 7th September

Tuesday, September 8th, 2009

Camposol Residents Association
Central Liaison Committee

Those Present :

Greg Green – Chairman

Joyce Stewart – Treasurer

Les Crook – Membership Secretary

John Daws – Social Secretary

Apologies :

Mary Cooper – Secretary

Geoff Nastri

Unfortunately due to only 4 members being present it was not possible to hold a formal meeting under the current CRA rules.

The chairman provided the following information to those present :

1. Jane Walters has resigned from the committee due to commitments in her new business venture.

2. Mick Drummond had resigned from the committee due to peronality clashes with other members.

3. Tom Carpenter has agreed to rejoin the committee.

4. Two  potentially new committee members have come forward and will be introduced at the next committee meeting.

(This will bring the committee back up to its full 9 members)

It was also agreed that GG, JS & JD would attend the meeting with Jackie Galvez planned for the 16th Sept 2009.

The next meeting is provisionally booked for Monday 5th October at 12.30pm.

AUN – Weekly Report – 04.09.09

Monday, September 7th, 2009

Weekly Report 04.09.09

 Stock exchange over 11,000

At the beginning of this week the stock exchange passed the 11,400 mark. The following days it fell down to 11.000. This means it has recovered to the level it was before the American bank Lehman Brothers went broke in September last year.

Government prepares tax increases

The Prime Minister has admitted the Government is preparing, for what he calls, “limited and passing” tax increases. The increases will be included in the, soon to be presented, state budget for 2010. Spain has a tax pressure seven points below the European Union average. This will soon change radically, since the Bank of Spain is predicting a public deficit of 11 to 12% of Gross Domestic Product by the end of the year. At the moment, the Government has accumulated debts of 422,882 million euros.

Taking it from the rich?

It has been proposed to tax mainly “the rich” however, the Ministry of Finance has warned against such a course at a time when it is essential to encourage new investment, as the number of taxpayers with a declared income of more than 60,000 euros represents only 3% of the total, even if they contribute 38% of total income taxes paid. The Government has declared they will not increase income tax levels.

Where will the tax-axe fall ?

Low income for workers Average annual gross income in Spain stands at 13,400 euros, however, 16.7 million employees earn less. Since “thousand” is translated to “mil” in Spanish, the employees with such income are called “mileuristas.” The four regions in Spain with most “mileuristas” are Andalucia 3.4 million; Catalonia 2.7; Madrid 2.05 and the Valencia Region with 1.9 million. However, Spain and Turkey are the world’s most generous in awarding compensation in the case of a working contract being cancelled with compensation of 95 weeks, in Austria it’s 2 weeks, Japan 4, Italy 11, Holland 17, UK 22 and France 32 weeks).

5,000 bars and restaurants in danger

The Association of Independent Workers has warned that due to the crisis 5,000 bars and restaurants are in danger of having to close after the summer season. The prohibition of “chiringuitos” on beaches and the proposal of the Government to abolish the sale and use of tobacco in bars and public places are contained in a new law proposal called “Law on Tobacco.”

Less traffic accidents

In 1989 1,378 people died in traffic accidents on Spanish roads. Twenty one years later, and in spite of an increase in traffic of 2.2%, the death toll has been reduced to 377. This shows that the energetic campaigns by the traffic authorities has produced good results ( or is it because the “crisis” has reduced overall road traffic?) . 24% of those who died on the roads this summer were not using their seat belt.

Regions owe state 6,000 million

The Regional Governments owe the state 6,000 million euros. The crisis is the reason given by the Ministry of Finance for the fall in income. The Regions have 4 years to pay their debts.

GDP down 4.2%

GDP fell 4.2% in the second quarter, compared with 2008. This is the largest fall since the statistic was introduced in 1970. Over the same period 1.3 million jobs have been destroyed; consumption was down 7.3 points and investment in homes retracted 25.5% in the second quarter against 24.3% in the first. Exports are down 15.7%, imports down 22.3%.

Registered property companies lose 1,271 million

 On the Stock Exchamge, the real estate companies Metrovacesa, Reyal Urbis, Urbas Guadahermosa, Martinsa Fadesa and Afirma, lost 1.271 million euros in the first half of the year. Martinsa Fadesa, which has been in the process of bankruptcy since July 2008, alone, registered losses of 527 million.

Benefits of El Corte Ingles down 46.7%

Net value of the of the big chain store “El Corte Ingles” fell 46.7% in 2008, compared with 2007, even though turnover was down only 3.5%, resulting in a fall in shareholders dividends. Shareholders received total payments of 73 million euros in 2007, however, for last year only 28.4 millions will be paid.

Unemployment continues to increase

After a lull during the summer months, unemployment is on the way up again. In August, a further 84,985 joined the list. Unemployment has increased 43% over the past 12 months. The government reports 3,63 million unemployed, in reality it is 5,05 million. The difference comes from those taking a course to prepare for employment, those who have not accepted the offer of a job, young people who have never been employed before or workers who have been so long on the list that they have lost their rights.

70% less real estate agents in Torrevieja

14 of the remaining real estate agents in the Torrevieja area have formed a “survival” association. In a presentation to the public they said 70% of agents have had to close their doors over the past two years. They admitted that many of their clients have a real urgency to selling their properties, which are falling in value each month.

Swine flu” in Spain and the world

 The Spanish Government has increased the reserve of vaccine against Flue A, raising the number who will now be able to be protected from 40 to 60% of the population. However, at present only pregnant women, chronic sick, health personal and members of essential services, e.g. police, fire fighters and civil protection, will received the vaccine. If you are included in any of these groups, you should contact your local health office. You can also buy a vaccine in the pharmacy, without any prescription. School children are not included in this first wave of vaccination, and the school year will start as normal. Spain and the United Kingdom , so far, are the countries most infected with fourteen deaths from the flue. One of the reasons may be that Spanish tourists visit Mexico , from where the new flue is present.

On 13th August the World Health Organisation (WHO) reported that 182,166 were infected and 1,799 had died from the so called “New Swine Flue.” Their comments are: As of this week, there have been more than 182,000 laboratory confirmed cases of pandemic influenza H1N1, 1,799 deaths, in 177 countries and territories have been reported to WHO. As more and more countries have stopped counting individual cases, particularly of milder illness, the case number is significantly lower than the actually number of cases that have occurred. However, through the WHO monitoring network, it is apparent that rates of influenza illness continue to decline in the temperate regions of the southern hemisphere, except in South Africa where pandemic influenza H1N1 appeared slightly later than the other countries of the region. Active transmission is still seen in some later affected areas of Australia , Chile and Argentina even as national rates decrease. Areas of tropical Asia are reporting increasing rates of illness as they enter their monsoon season, as represented by India , Thailand , Malaysia , and Hong Kong , four places in the region which have active surveillance programs. Tropical regions of Central America, represented by Costa Rica and El Salvador , are also seeing very active transmission. In the northern temperate zones, overall rates are declining in both North America and Europe though the virus is still found across a wide area throughout both regions and pockets of high activity are being reported in 3 U.S. states and a few countries of Western Europe . It has been noted throughout the temperate zones of the southern hemisphere, which are now passing out of their winter season, that when pandemic H1N1 began to circulate, the relative importance of seasonal strains, represented by H3N2 in nearly all countries, rapidly diminished and pandemic H1N1 became the dominant strain. Some seasonal H1N1 strains were reported but were even less common than seasonal H3N2. It is too early to tell if this co-circulation of multiple strains will continue into the coming season of the Northern Hemisphere but it appears very likely that pandemic H1N1 will be the dominant influenza virus in the early part of the winter months. Many countries including Australia , Canada , New Zealand , and the U.S. have noted that their indigenous peoples appear to be at increased risk of severe disease related to pandemic influenza. While it still has not been clearly determined how much of the increased risk observed in these groups is due to issues related to access to care, high rates of chronic medical conditions that are known to increase risk, or other factors, countries with indigenous and other vulnerable populations should carefully evaluate the situation and consider ways to mitigate the impact of the pandemic in the coming season in these populations. WHO has also been notified of 12 cases of oseltamivir (Tamiflu) resistant virus. These isolates have a mutation in the neuraminidase (referred to as H275Y) that confers resistance to oseltamivir, though the viruses remain sensitive to zanamivir. Of these 8 have been associated with oseltamivir post exposure prophylaxis, one with treatment of uncomplicated illness, and two have been from immunocompromised patients receiving oseltamivir treatment. These isolated cases have arisen in different parts of the world (Japan 4, USA 2, China, Hong Kong SAR China 2, and 1 in Denmark, Canada, Singapore and China), and there are no epidemiological links between them. There is also no evidence of onward transmission from these cases.

CAÑADAS del ROMERO – Winter Courses Enrolment Information

Wednesday, September 2nd, 2009

CAÑADAS del ROMERO

Under the auspices of the Asociación de Vecinos

 

ENROLMENT & OPEN DAY for Winter Courses

Wednesday September 9th 10.00 – 14.00 only

 

SPECIAL OFFER FOR OPEN MORNING ONLY

FOR THE FOLLOWING CLASSES.

 

Spanish – Spanish Cooking – All Keep Fit Classes – Art & Drawing

Adult & Children’s Dance – Any Local Interest Course

 

ANY PERSON WHO BRINGS A FRIEND TO ENROL ON THE SAME CLASS AS THEMSELVES, ON THE ENROLMENT MORNING, WHO BOOK AND PAY FOR FOUR CLASSES AT THE SAME TIME, WILL BOTH GET ONE FREE LESSON – THEREFORE 5 LESSONS FOR 4.

 

SPANISHTel: Antonio 680 753 819 or haral701@hotmail.com

Beginners: Tuesday Afternoons 15.00 – 16.00 or 16.00 – 17.00 or 17.00 – 18.00

Lower Int. & Intermediate: Thursday P.M.  Conversation & Revision: Friday Afternoons. NEW Spanish for Business:

GENEALOGYTel: 660 384 778

A block of four 1.5 hours classes – Times to be arranged – one to one only.

An opportunity to discover your Family Tree or help provided on those problem areas. Computer Program & research included.

SPANISH COOKING Tel: 660 384 778

Wednesday 12.00 – 13.30 – Two courses cooked by a local Spanish Housewife & eaten afterwards with bread & wine. Husbands & wives welcome!!!!!.

ART CLASSES – Tel: George 664 150 222 or a.thompson2@yahoo.co.uk

Tuesday 10 – 12 or 13.30 – 15.30 Table Top Painting in various mediums e.g. Water colours, Oils, Pastels etc.

DRAWING CLASS – Tel: George 664 150 222 or a.thompson2@yahoo.co.uk

Saturday 10.00 – 13.00 A variety of techniques to drawing via a variety of mediums. Working at Easels, Drawing & painting from the Model, Landscape & Still Life.

There will be an EXHIBITION of STUDENTS WORK at the PLAYA GRANDE 9th – 13th Nov.

ADULT TAP DANCE – Tel: Annette 968 163 640 or 649 647 467

10 weeks every Thursday 7-8p.m

YOGA & PILATESMonday 18.15 – 19.45   Wednesday 9.30 – 10.55 Friday 10.00 – 11.25 & 11.30 – 12.55.

PILATES & GYM BALLWednesday 18.30 – 19.30   

ART of RELAXATION – 4 week course 1/10 10.00am

Tel: Wendy 630 288 978 for the above or pilatesyoga@hotmail.com

PATCHWORK, CROSS STITCH & EMBROIDERY – Tel: Helen 968 199 506

Monday 11.15 – 13.15 Beginners & Experienced Stitchers welcome.

GUITAR CLASS –  Tel: John 628 232 936

Thursday 13.00 – 14.30

DOG TRAINING CLASSES @ the Social Centre – Adele: 619 807 388 or Lisa 650 221 846

6 weeks basic (over 6 months old)   Puppy socialization (up to 6 months).Qualified behaviourist.

Taking Names & Numbers for the following short Local Interest Courses.

GARDENING – SPANISH HISTORY – MUSIC of SPAIN -GEOGRAPHY & the WEATHER- SUPERSTITIONS of THE REGION – CUSTOMS & LEGAL ISSUES around LIFE & DEATH.

Each subject is a 2hr class. Tel: Antonio 680 753 819 or haral701@hotmail.com

ADULT DANCE CLASS –  “Not Strictly Ballroom”  -  Tel: Louise 655 421 120

Thursday 16.00 – 17.00 A range of Ballroom & Latin American Styles will be taught in a new way.

MURCIA DANCE COLLEGE

Tuesdays:  Boyz Urban Dance 17.00 – 18.00   5 – 10yrs 18.00 – 19.00    11+   19.00 – 20.00

Thursdays: BBO Ballet 5 – 8rs 18.00 – 19.00

SPANISH MERCADILLO (CAR BOOT) – EVERY WEEK

Proceeds go to the Community.  Organized parking 7.30a.m. start.

No unloading before 7.00a.m.or trading before 7.30. No overnight parking. Tel:  Dave 660 550 022

For up to date information:

http://canadasdelromero.blogspot.com or  www.canadasdelromero.es