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Our builder considers he has finished our Community (although we do not agree with him!) and has now turned off the water supply to the pool and will shortly do the same with the road lights. We are a gated community. We have only ever had Builders Supply water/electricity for the pool and road lights, everyone had to get an Electricity and Water Contract when they moved in. He has not handed over to date because he has some 15 properties unsold. He is now renting some of these out. To date anybody who wanted to use the pool paid into a fund to cover cleaning costs. (A private arrangement between residents) Needless to say renters have had a key from the builder and refuse to pay up.
We have been to an Administrator and have been told that it is ILLEGAL not to form a Community of Owners and that the onus is on us (the owners) not the builder. Is this correct?
We already know that if a community is set up we will have 15/16 debtors from day 1 as the builder will not pay his fees and those of his rented houses. This will add some 50% to the Community fees of those who pay. In addition the there are still no Certificates of Hability and we believe no passed plan for the Community Pool. We know that up until May of this year Orihuela Council did not have the correct documentation.
How can an Administrator form a Community on this basis.
What is the legal position?
We have been to an Administrator and have been told that it is ILLEGAL not to form a Community of Owners and that the onus is on us (the owners) not the builder. Is this correct?
We already know that if a community is set up we will have 15/16 debtors from day 1 as the builder will not pay his fees and those of his rented houses. This will add some 50% to the Community fees of those who pay. In addition the there are still no Certificates of Hability and we believe no passed plan for the Community Pool. We know that up until May of this year Orihuela Council did not have the correct documentation.
How can an Administrator form a Community on this basis.
What is the legal position?