Another fine mess you've got us into, Stanley!!
Cabrera Time Line
Cabrera was started by the original Developer, Peter Crosscurth way back in around 1975 when he applied for the development of Cabrera.
In 1991 the official Junta de Compensacion Statutes were produced which established the legal framework within which the development of Cabrera should take place.
The Junta AGM minutes provide a useful reference as to how things progressed from the Junta AGM held on 14th January 1993.
AGM 14-01-1993
It was unanimously agreed to authorise the president to sign off the contract for the project of urbanisation and the project of compensation.
A legal advisor to some of the home owners present explained to the meeting that under Spanish Law all owners of land before and up to the date of registration of the Junta, 30th September 1992, including the promoting companies, are members of the Junta, participating in proportion to the percentage of the land they own. In the following discussion the legal advisor continued to advise his clients to maintain the position that services and maintenance costs should only be charged according to the quota of participation.
The arguments against this were that the Cabrera project would not be able to be continued and furthermore, it would mean that the owners of houses would have to by law participate in the development cost e.g. to cede 30 to 35% of their land for roads, green zones etc and participate in the urbanisation cost and in all future projects without being excused from paying for the services which they would have to use and the maintenance.
The outcome of the vote on this matter was the establishment of the “1993 Agreement”
Observations
It is clearly recognised in the minutes that, by Law in 1993, all landowners and homeowners have to participate in the Urbanisation costs and the Service and Maintenance costs based on the quota of land that they own. It was the Law in 1993 and remains the Law in 2020.
AGM 26-10-1995
Point 7.2 - The Project of Compensacion will be notorised shortly.
AGM 29-10-1996
Point 4 – The Project of Compensacion has been approved. All homeowners will have to re-register their properties again in the Registro de Propiedades. (this will fully legalise their properties)
EGM 05-06-1997
The purpose of the EGM was to agree the revised Project of Compensacion i.e. to correct changes in ownership, name corrections and to re-affirm the quotas of participation.
Point 2 – All existing houses will be completely legalised and registered as such in the Registro de Propiedades
AGM 12-11-1997
Point 4 – The Project of Compensacion has still not been approved.
During 1998 the Project of Compensacion was finally agreed and all existing houses were finally fully legalised (reference the Junta Accounts for 1998).
Observations
It should be noted that the houses that existed in the Plan Parcial area in 1993 had been built on “secano land” i.e. unwatered agricultural land (not urban land). As such, if you purchased a house or land you couldn’t have it registered in your name until the Project of Compensacion was agreed and first registered. Houses built in the period 1993 to 1998 would similarly have been built on land classified as “secano”.
AGM 09-12-1998
It is stated in the minutes that it is illegal for the Junta to deliver services in exchange for money.
AGM 10-11-1999
Point 7 – The Mayor states that the Plan Parcial would not take very much longer and will be ready in a few months.
AGM 30-03-2000
Point 4 – The Project of Urbanisation could not be approved as Sierra Leisure, Active Retirement Villages, Gestiones and Desarollos Patrimonios had not paid their share of the urban costs for the Architect fees.
The Mayor was extremely concerned at the state of things and would take measures to stop all building in Cabrera. The Mayor stressed the importance for Promoters to resolve their differences
AGM 29-11-2000
Point 5 – Infrastructure works are waiting for 1 developer to agree 100 million peseta investment.
AGM 22-11-2001
Point 5 – Infrastructure work is being held up by 1 developer. Mayor said the Town Hall would not allow this to continue much longer.
AGM 20-05-2002
Approval is given for the 1st phase of urbanisation work. A budget of €1,233,998 is adopted.
The total value of the Urbanisation Project is €3,305,567 + IVA 16%
AGM 25-11-2004
Issues recorded regarding developers not paying their contributions for urban works. A request is made that a timescale be set to complete the 1st Phase of urban works.
AGM 16-11-2005
Issues re road infrastructure not being finished by Developers.
AGM 23-11-2007
The roads by the Ranch have all been paid for by the Developers. Maintenance funds have not been used to fund this work.
AGM 21-11-2008
Item 3 – The Town Hall insists that the remaining infrastructure work be completed. The Town Hall insisted that €100k is included in the 2008 budget for urbanisation works.
Observations
It is evident from the Junta minutes that, since its inception in 1993, the whole Cabrera project has been subject to delay after delay and procrastination. The developers have not kept to their side of the 1993 Agreement (to implement the urbanisation works) and the Town Hall has watched on and allowed the lack of development.
However, the Town Hall has also been at fault in allowing houses to be built even before the 1st phase of urbanisation was approved in 2002. Between 1993 and 2002 the number of houses / offices in Cabrera increased from around 30 to 121. Currently there are in excess of 200 properties in Cabrera.
One has to ask the question why only 1 phase of urbanisation work has been completed to date. Is it the case that the Developers have taken their profits and not reinvested in their obligations as per the 1993 Agreement?
The Junta Architect has signed off completion certificates with a value of approximately €1.4m. This represents around 35% of the total original urbanisation budget. It should be noted that NO accounts have ever been presented to a Junta AGM to support any expenditures incurred on urbanisation works.
In contrast, the homeowners have maintained their side of the agreement and paid maintenance and service contributions in excess of €4m
The question is asked who has really benefitted from the 1993 Agreement?
Cabrera was started by the original Developer, Peter Crosscurth way back in around 1975 when he applied for the development of Cabrera.
In 1991 the official Junta de Compensacion Statutes were produced which established the legal framework within which the development of Cabrera should take place.
The Junta AGM minutes provide a useful reference as to how things progressed from the Junta AGM held on 14th January 1993.
AGM 14-01-1993
It was unanimously agreed to authorise the president to sign off the contract for the project of urbanisation and the project of compensation.
A legal advisor to some of the home owners present explained to the meeting that under Spanish Law all owners of land before and up to the date of registration of the Junta, 30th September 1992, including the promoting companies, are members of the Junta, participating in proportion to the percentage of the land they own. In the following discussion the legal advisor continued to advise his clients to maintain the position that services and maintenance costs should only be charged according to the quota of participation.
The arguments against this were that the Cabrera project would not be able to be continued and furthermore, it would mean that the owners of houses would have to by law participate in the development cost e.g. to cede 30 to 35% of their land for roads, green zones etc and participate in the urbanisation cost and in all future projects without being excused from paying for the services which they would have to use and the maintenance.
The outcome of the vote on this matter was the establishment of the “1993 Agreement”
Observations
It is clearly recognised in the minutes that, by Law in 1993, all landowners and homeowners have to participate in the Urbanisation costs and the Service and Maintenance costs based on the quota of land that they own. It was the Law in 1993 and remains the Law in 2020.
AGM 26-10-1995
Point 7.2 - The Project of Compensacion will be notorised shortly.
AGM 29-10-1996
Point 4 – The Project of Compensacion has been approved. All homeowners will have to re-register their properties again in the Registro de Propiedades. (this will fully legalise their properties)
EGM 05-06-1997
The purpose of the EGM was to agree the revised Project of Compensacion i.e. to correct changes in ownership, name corrections and to re-affirm the quotas of participation.
Point 2 – All existing houses will be completely legalised and registered as such in the Registro de Propiedades
AGM 12-11-1997
Point 4 – The Project of Compensacion has still not been approved.
During 1998 the Project of Compensacion was finally agreed and all existing houses were finally fully legalised (reference the Junta Accounts for 1998).
Observations
It should be noted that the houses that existed in the Plan Parcial area in 1993 had been built on “secano land” i.e. unwatered agricultural land (not urban land). As such, if you purchased a house or land you couldn’t have it registered in your name until the Project of Compensacion was agreed and first registered. Houses built in the period 1993 to 1998 would similarly have been built on land classified as “secano”.
AGM 09-12-1998
It is stated in the minutes that it is illegal for the Junta to deliver services in exchange for money.
AGM 10-11-1999
Point 7 – The Mayor states that the Plan Parcial would not take very much longer and will be ready in a few months.
AGM 30-03-2000
Point 4 – The Project of Urbanisation could not be approved as Sierra Leisure, Active Retirement Villages, Gestiones and Desarollos Patrimonios had not paid their share of the urban costs for the Architect fees.
The Mayor was extremely concerned at the state of things and would take measures to stop all building in Cabrera. The Mayor stressed the importance for Promoters to resolve their differences
AGM 29-11-2000
Point 5 – Infrastructure works are waiting for 1 developer to agree 100 million peseta investment.
AGM 22-11-2001
Point 5 – Infrastructure work is being held up by 1 developer. Mayor said the Town Hall would not allow this to continue much longer.
AGM 20-05-2002
Approval is given for the 1st phase of urbanisation work. A budget of €1,233,998 is adopted.
The total value of the Urbanisation Project is €3,305,567 + IVA 16%
AGM 25-11-2004
Issues recorded regarding developers not paying their contributions for urban works. A request is made that a timescale be set to complete the 1st Phase of urban works.
AGM 16-11-2005
Issues re road infrastructure not being finished by Developers.
AGM 23-11-2007
The roads by the Ranch have all been paid for by the Developers. Maintenance funds have not been used to fund this work.
AGM 21-11-2008
Item 3 – The Town Hall insists that the remaining infrastructure work be completed. The Town Hall insisted that €100k is included in the 2008 budget for urbanisation works.
Observations
It is evident from the Junta minutes that, since its inception in 1993, the whole Cabrera project has been subject to delay after delay and procrastination. The developers have not kept to their side of the 1993 Agreement (to implement the urbanisation works) and the Town Hall has watched on and allowed the lack of development.
However, the Town Hall has also been at fault in allowing houses to be built even before the 1st phase of urbanisation was approved in 2002. Between 1993 and 2002 the number of houses / offices in Cabrera increased from around 30 to 121. Currently there are in excess of 200 properties in Cabrera.
One has to ask the question why only 1 phase of urbanisation work has been completed to date. Is it the case that the Developers have taken their profits and not reinvested in their obligations as per the 1993 Agreement?
The Junta Architect has signed off completion certificates with a value of approximately €1.4m. This represents around 35% of the total original urbanisation budget. It should be noted that NO accounts have ever been presented to a Junta AGM to support any expenditures incurred on urbanisation works.
In contrast, the homeowners have maintained their side of the agreement and paid maintenance and service contributions in excess of €4m
The question is asked who has really benefitted from the 1993 Agreement?