15.01.20 BREAKING NEWS:
The Administrative Court in Almeria has ruled that the 'so called' 1993 agreement is null & void and has been since 1993.
The Town Hall have been instructed by the courts to ensure that, with immediate effect, all future invoices submitted to Homeowners by the Junta are in accordance with the Cabrera Statutes.
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In 1993, we understand that the original Developer was in financial difficulty and approached the Home-Owners for assistance. It was claimed that home owners agreed to fund, in full, the maintenance cost and the developers agreed they would fund the full infrastructure costs ongoing. There were only 25-30 Home-Owners in those days, not the 200 or so we have today.
The 1993 agreement was never incorporated legally into the Junta de Compensación Statutes so it is believed the so called agreement has no legal status.
Many home owners believe that this was just a ruse by the Developers at the time to avoid paying their maintenance cost obligations.
Aside from the lack of legal status, the 1993 “agreement” has not been enacted as the Developer Land-owners seem to have avoided paying for infrastructure as well. The Developer land-owners do not seem to be complying with has the original legal Junta de Compensación scheme as has been evident from the recent events.
Home-Owners have faced the difficulty of preventing infrastructure costs being passed onto them by the Developer Land-owners. Essentially, the Developer Land-owners hold the vast majority of the voting rights so they have been using their vote to pass infrastructure costs onto the Home-Owners while also paying nothing towards the maintenance costs.
It should not be difficult to understand why a group of Cabrera residents known as the Cabrera Residents Association (CRA) have taken the issue to Court.
It seems that, after 4 years, a Judgement is expected in the near future. [Update: Judgement issued by Almeria Court on 13 December 2019] So, hopefully, Home-Owners will be able to get the Junta to operate appropriately according to the legal statutes where all costs (Infrastructure and Maintenance) are paid according to % land ownership.
The Administrative Court in Almeria has ruled that the 'so called' 1993 agreement is null & void and has been since 1993.
The Town Hall have been instructed by the courts to ensure that, with immediate effect, all future invoices submitted to Homeowners by the Junta are in accordance with the Cabrera Statutes.
===============================================================================================================
In 1993, we understand that the original Developer was in financial difficulty and approached the Home-Owners for assistance. It was claimed that home owners agreed to fund, in full, the maintenance cost and the developers agreed they would fund the full infrastructure costs ongoing. There were only 25-30 Home-Owners in those days, not the 200 or so we have today.
The 1993 agreement was never incorporated legally into the Junta de Compensación Statutes so it is believed the so called agreement has no legal status.
Many home owners believe that this was just a ruse by the Developers at the time to avoid paying their maintenance cost obligations.
Aside from the lack of legal status, the 1993 “agreement” has not been enacted as the Developer Land-owners seem to have avoided paying for infrastructure as well. The Developer land-owners do not seem to be complying with has the original legal Junta de Compensación scheme as has been evident from the recent events.
Home-Owners have faced the difficulty of preventing infrastructure costs being passed onto them by the Developer Land-owners. Essentially, the Developer Land-owners hold the vast majority of the voting rights so they have been using their vote to pass infrastructure costs onto the Home-Owners while also paying nothing towards the maintenance costs.
It should not be difficult to understand why a group of Cabrera residents known as the Cabrera Residents Association (CRA) have taken the issue to Court.
It seems that, after 4 years, a Judgement is expected in the near future. [Update: Judgement issued by Almeria Court on 13 December 2019] So, hopefully, Home-Owners will be able to get the Junta to operate appropriately according to the legal statutes where all costs (Infrastructure and Maintenance) are paid according to % land ownership.