Sunday 14 July 2013

Notice of Legal Action Feedback

Thank you for confirmation of receipt of our email, the notice therein served and the points you raised. We also acknowledge that the notice served has been sent to all phase presidents, thank you.


We do enact our legal roles as presidents of our sub communities in which majority discussions and decisions have previously been taken to enforce the actions so planned although this is not an requirement in order to readdress the current issues faced by individual owners.

We are instructed that legally there
are 87 communities formed and properly registered in the Land Registry Office from Murcia under the Title Deed 3773/05 being 78 Sub Communities, 8 Phases and one for the Community of the Property Complex. 
Accordingly we are informed that we need to give legal notice to the title holders especially for Phase 7 as this is where the compound is located and is comanaged under this phase legal title. In addition, the legal minutes of the Community and legal Phase Presidents representation are the monthly Phase Presidents Meeting minutes and as stated in the May 2013 minutes "none of the contractors have the right to use this area and that owners would start any necessary legal claim to avoid the continued use". This statement has full approval of the Phase Presidents as in the minutes therein issued and there is agreement that the contractors are engaged on behalf of the owners of the sub communities and Phases.

We therefore seek implementation of this direction by all of the Phase Presidents so elected and stated in the May 2013 Phase Presidents Minutes that the individual representatives of the legal entities aforementioned to which they all showed their approvals in the May Phase Presidents Minutes can be enforced.

In summary our actions raised to which we require readdress are:

Firstly, It's not just about the view of the compound. It's also about dust, air, Health & Safety, noise pollution and the combination these on the market valuation of our properties adjacent to the workers site. A screen is not going to block the dust, air and noise pollution, stop the additional traffic going in and out of the site and compensate property owners for the reduction in the value of their homes. Also we do not know what chemicals if any are being stored, mixed, sprayed or poured on the site and whether this could potentially be a health hazard to our owners and visitors.

Vehicles entering, moving around within and existing the site are kicking up dust and goodness knows what else which is depositing itself all over our buildings. If this operation was stopped the natural vegetation would grow back and reduce these issues and stop this from happening. To date the additional dust that has accumulated on the roof of our buildings and then washed down the side by the rain means that they are stained prematurely and are going to need to be repainted ahead of time. Besides the immediate issue, can you tell me how the individual Phase Presidents are planning to compensate Phase 7 owners for the cost and inconvenience of that?

Secondly, any threats from IRM to close the golf course because they have been asked to move their equipment is merely speculation and nothing more that that. All of their equipment is portable and can be easily loaded and unloaded at another location. If IRM close the golf course they will lose considerably more than the cost of moving their equipment to another location. So why would they close the golf course? The answer is they wouldn't they would sell it. 

Although we respect your views and some of the other Phase Presidents members, we don't agree with all of the views raised by the Resort President and Committee and neither do many of the other owners in the Sub Communities being affected by the contractors illegal use of the adjacent land. 

We will continue to pursue a legal resolution or until a suitable alternative is proposed by either the community or IRM. However at such time as writing, no suitable solution has been proposed and what has been done to date has been less than adequate.

In fact it does seems that the Phase Presidents are failing to understand the issue entirely.

 
 
LM                                                    JD
President                                           President
Tomillo 5                                            Almizcle 10


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