Monday, April 25, 2011
2009-01-23-Advice regarding Self-Employed Persons from Andreu + Alenda
2009-01-23
Dear Mo,
If the gardener is self employed he will have to present you his invoice, subject to VAT, and he will deal with the Inland Revenue and the Social Security.
For the Community his invoices will be considered as maintaining cost of the common elements.
Regarding the debt of Mr Barker, he is an independent person different from the gardener. You could ask him if he is willing to pay from his invoices, the debt of his partner.
Sincerely yours,
Fuensanta Maria Alenda Andreu
Andreu & Alenda Solicitors
CI. Caballero de Rodas,
n° 27-2°C 03181
Torrevieja (Alicante)
Spain
Dear Mo,
If the gardener is self employed he will have to present you his invoice, subject to VAT, and he will deal with the Inland Revenue and the Social Security.
For the Community his invoices will be considered as maintaining cost of the common elements.
Regarding the debt of Mr Barker, he is an independent person different from the gardener. You could ask him if he is willing to pay from his invoices, the debt of his partner.
Sincerely yours,
Fuensanta Maria Alenda Andreu
Andreu & Alenda Solicitors
CI. Caballero de Rodas,
n° 27-2°C 03181
Torrevieja (Alicante)
Spain
Thursday, April 14, 2011
2010-12-01-What is a "Nota Simple?"
INFORMATION FROM RTN. DECEMBER 2010
What is a 'nota simple'
A 'nota simple' is a certificate given by the Property Registry which contains a full description of the property. This description should include the following information:
■ outstanding debts (mortgages, embargoes, etc)
■ full name of the current owner
■ boundaries of the property
■ total square metres of the property (house + land)
■ classification of the property
■ rights that others may have over the property (eg public paths, railway lines, pipes or waterways).
******************************************************************************
WHAT IS THE FIRST DOCUMENT WE HAVE TO ASK FOR FROM THE SELLER OR THE ESTATE AGENCY ONE WE HAVE DECIDED TO BUY A PROPERTY?
Once you have chosen a property, you should request a copy of the seller's title deed or deed of sale. It is possible that the seller (owner) acquired the property by sale, inheritance, sale by judicial auction, exchange, donation, marriage settlement, etc. so it is necessary to make sure that the seller's title deed is a public record[0], i.e. a notary deed.
In Spain, only those documents signed before a Notary may be registered in the Land Register.
If the seller gives you a private document you should be particularly careful as it is possible that the person who is offering the property for sale is not the same as the one in whose name the property is registered in the Land Registry.
Furthermore, as long as the seller does not register the property in his/her name in the Land Registry it remains open for the enforcement of any type of charges, embargoes, mortgages and even in favour of other people.
Having said that, if you don't know Spanish you should take the public title deed to a lawyer so that he/she can study it in detail and check the current legal situation of the property being sold in the Land Registry, i.e. if there are any charges, attachments, mortgages or anything which affects either the value of the property or the ownership of the person who is offering the property for sale.
If the seller gives you a copy of his/her public title deed, you should check whether this title deed has been submitted for registration in the Land Registry.
Make sure that the corresponding capital transfer tax (Impuesto de Trasmisiones Patrimoniales) has been paid.
Saturday, April 9, 2011
2011-02-17-Meeting With Andreu + Alenda
Actas de Reunion 17 de febrero de 2011 (ING)
Type of Minutes Monthly Lawyer Meeting
Date & Location Thursday, 17 of February 2011 10:00 • 11:30. Lawyers Office
With---Administraci6n Andreu & Alenda Abogados. S.C. - Rosario Andreu 8 Fuensanta Alenda
Before starting the agenda Rosario had a few pending points to discuss.
(a) The medical state of the President and the pending possibilities. The President is still on medical leave, and still needs further treatment including the possibility of surgery. There are possibilities that the President may have to resign. We have checked the legal situation, if needed.
Options Available:
(i) The President resigns and the Acting Vice-President receives all the powers and responsibilities with the agreement of the committee.
(ii) We have to call an E.G.M for Presidential Elections.
(b) Plot 513 - Confirmed the sending of the letter to the lawyers in response to theirs. Rosario confirmed that the Monthly Payment Contract
signed in January 2010 is for the court proceedings of 2008 and that we should present the Debt Certificate for this year.
(c) Rosario produced a huge filled file, and stated it was the documents and photos, which Pepe delivered, pertaining to plots 607 + 608.
Rosario confirmed that the documentation included the finca and that we can present the Debt Certificate for the finca. Rosario asked for an appointment to come to see and check the deeds with the land and the neighbours. Rosario will continue with the pending case, started by Pepe. When we have the final report, and confirmed, we will be presenting the debt certificate and claim the owed community fees. At the same time she will be checking on the state of the flats, etc. Clara has been contacted by the lawyers and will be presenting this letter with the denuncia at the courts.
(d) Plot 70- Rosario confirmed that the only option available is the courts to order the demolition of the construction. The community authorize or pay someone to do so or we would be liable.
1. Following the application from plot 611. we have asked for the names and the identification numbers for the originals on the community deeds. Rosario informed that she has to go to see our Notario in Pilar de la Horadada.
2. Rosario will come to the community next week to check of the state of plot 605 and the official complaint from plot 601. Following the meeting last month we confirmed to continue with court proceedings.
We collected:
• Barrister bills for proceedings for 2010
• Numbered bill for the lawyeis retainer for February
Require:
• Proforma or bill for the 70.00 E for the charge to publish the DOGV against Clifford (paid by transfer)
• 4 numbered bills for [he barrister for 2010
The appointment for the next monthly meeting was not arranged.
Type of Minutes Monthly Lawyer Meeting
Date & Location Thursday, 17 of February 2011 10:00 • 11:30. Lawyers Office
With---Administraci6n Andreu & Alenda Abogados. S.C. - Rosario Andreu 8 Fuensanta Alenda
Before starting the agenda Rosario had a few pending points to discuss.
(a) The medical state of the President and the pending possibilities. The President is still on medical leave, and still needs further treatment including the possibility of surgery. There are possibilities that the President may have to resign. We have checked the legal situation, if needed.
Options Available:
(i) The President resigns and the Acting Vice-President receives all the powers and responsibilities with the agreement of the committee.
(ii) We have to call an E.G.M for Presidential Elections.
(b) Plot 513 - Confirmed the sending of the letter to the lawyers in response to theirs. Rosario confirmed that the Monthly Payment Contract
signed in January 2010 is for the court proceedings of 2008 and that we should present the Debt Certificate for this year.
(c) Rosario produced a huge filled file, and stated it was the documents and photos, which Pepe delivered, pertaining to plots 607 + 608.
Rosario confirmed that the documentation included the finca and that we can present the Debt Certificate for the finca. Rosario asked for an appointment to come to see and check the deeds with the land and the neighbours. Rosario will continue with the pending case, started by Pepe. When we have the final report, and confirmed, we will be presenting the debt certificate and claim the owed community fees. At the same time she will be checking on the state of the flats, etc. Clara has been contacted by the lawyers and will be presenting this letter with the denuncia at the courts.
(d) Plot 70- Rosario confirmed that the only option available is the courts to order the demolition of the construction. The community authorize or pay someone to do so or we would be liable.
1. Following the application from plot 611. we have asked for the names and the identification numbers for the originals on the community deeds. Rosario informed that she has to go to see our Notario in Pilar de la Horadada.
2. Rosario will come to the community next week to check of the state of plot 605 and the official complaint from plot 601. Following the meeting last month we confirmed to continue with court proceedings.
We collected:
• Barrister bills for proceedings for 2010
• Numbered bill for the lawyeis retainer for February
Require:
• Proforma or bill for the 70.00 E for the charge to publish the DOGV against Clifford (paid by transfer)
• 4 numbered bills for [he barrister for 2010
The appointment for the next monthly meeting was not arranged.
2010-06-30 -Letter from Andreu and Alenda
Ma Carmen Andreu Lopez
Rosario Andreu Gómez
Fuensanta Ma Alenda Andreu
TO ALL Ml SOL PARK RESIDENTS
We have received in our firm a copy of a letter, whose letterhead reads "Minutes of meeting of Mi Sol Residents which took place in the office of Mi Sol Park on 1st June 2010" and have been requested our legal opinion on whether the document meets the legal requirements of validity.
We indicate the need to comply with legal formalities established in the approved statutes of Mi Sol Park. The observance of these standards is irreplaceable, is a condition for the validity of all acts which have taken place and without observing the provisions of the statute these become ineffective and may not be executed.
The statutes in Article 31 .- provides that:
"The Board of Directors shall meet whenever it is summoned by the President and, in his absence, three of its members, subject to notification five days in advance (except in cases of urgency). The notification to meetings the Board of Directors may be made either by registered letter of by telephone..,''
However, the referred document may be considered as a unilateral expression of the signatories without their scope becomes more extensive than themselves. Yet there are several points that perhaps should be clarified:
Regarding the possible resignation of Mrs MaureenTaunton for the post of president of the community, this waiver has not officially been made, will therefore held the position of president of the community until her term expires and is not reelected.
Regarding the accountings of the community, once again to express that it is available to all residents, and that it will be submitted for ratification to all and explained in the General Residents meeting of the community to be held in September, as has been doing all these years. At the time of convening the meeting, the Committee will inform all that the books can be examined in the offices of the community.
©
Andreu & Alenda
abogados- solicitors
Telf.: (34) 96 692 77 99 C/. Caballem de Rodas, n° 27, 2° C
Fax: (34) 96 571 17 21 03181 Torrevieja (Alicante)
e-mail: legalservice@AndreuAlenda.com Esparla- Spain
Rosario Andreu Gómez
Fuensanta Ma Alenda Andreu
TO ALL Ml SOL PARK RESIDENTS
We have received in our firm a copy of a letter, whose letterhead reads "Minutes of meeting of Mi Sol Residents which took place in the office of Mi Sol Park on 1st June 2010" and have been requested our legal opinion on whether the document meets the legal requirements of validity.
We indicate the need to comply with legal formalities established in the approved statutes of Mi Sol Park. The observance of these standards is irreplaceable, is a condition for the validity of all acts which have taken place and without observing the provisions of the statute these become ineffective and may not be executed.
The statutes in Article 31 .- provides that:
"The Board of Directors shall meet whenever it is summoned by the President and, in his absence, three of its members, subject to notification five days in advance (except in cases of urgency). The notification to meetings the Board of Directors may be made either by registered letter of by telephone..,''
However, the referred document may be considered as a unilateral expression of the signatories without their scope becomes more extensive than themselves. Yet there are several points that perhaps should be clarified:
Regarding the possible resignation of Mrs MaureenTaunton for the post of president of the community, this waiver has not officially been made, will therefore held the position of president of the community until her term expires and is not reelected.
Regarding the accountings of the community, once again to express that it is available to all residents, and that it will be submitted for ratification to all and explained in the General Residents meeting of the community to be held in September, as has been doing all these years. At the time of convening the meeting, the Committee will inform all that the books can be examined in the offices of the community.
©
Andreu & Alenda
abogados- solicitors
Telf.: (34) 96 692 77 99 C/. Caballem de Rodas, n° 27, 2° C
Fax: (34) 96 571 17 21 03181 Torrevieja (Alicante)
e-mail: legalservice@AndreuAlenda.com Esparla- Spain
2011-01-10-Meeting with Andreu and Alenda
Actas de Reunion 10 de enero de 2011
Type of Minutes Monthly lawyer Meeting
Date & location Monday, 10 of January 2011 10:00-11:50, lawyers Office
With Administración Andreu & Alenda Abogados. S.C. - Rosario Andreu & Fuensanta Alenda
1. Informed the lawyers of the medical state of the President and the Acting Vice-President.
2. Informed the lawyers of the pending tasks from 2010 and we have to have solutions now!
a. Clara -
The checking of the deeds for her finca and the caravan land, including type of access.
The ongoing problems regarding her tenants against the environment and the destruction of community
property. The Denuncia, presented in December and the pending court case, asked Rosario to send
her an official letter. The amount of debt owed to the community and unwillingness to sign a monthly
payment contract.
b .Official letter against 605.- Informed Rosario that she still hasn't sent him the letter regarding the complaints
and the breach of the community statutes. Presented photos as proof and requested we receive a copy of
the letter this week for our files.
c. S. Security and the pending inspection. Rosario informed that we are awaiting the arrival of confirmation
by letter regarding the sanctions.
d. Suma and the site error of plots. Rosario informed that she is making an appointment to go back.
e. Court Case expenses for the debtors of the split 2003-2009 Who needs to pay? Rosario has requested a
meeting with all committee members in her office to discuss and decide on the most diplomatic solution for
the community and for all residents.
We will arrange an appointment as soon as possible.
f .Delivered the debt certificate for 649. Informed Rosario that the community would no accept an offer of
monthly payments as she has had this option available since summer 2009. The only offer possibly
available is to donate the whole bkxk of flats for the amount owing to the community, if residents accept
the proposal at the A.G.M of 2011. We will not present more debt certificates for other debtors until we
have received the schedule for the courts.
g. Rosario was asked, as 513 has signed a monthly payment contract whether we can present him for the
subsequent debt. Rosario informed that we can send anyone to court as long as they owe us.
3. Requested that an official letter be sent to 70 .regarding the construction on community land. The
committee has sent a letter to remove said building as authorised by the monthly meeting in December.
4. Refund for 513. The owner has asked me again regarding his payment of 1.500.00 E to the lawyers
when he signed his monthly payment contract with her. Rosario informed me again that the payment made
was to cover her lawyers' cost which as loosing the case has to pay. Rosario will write directly to his
lawyers, as we new nothing about the contract nor the amount being paid, plus the fact that we have no
received the money or signed a receipt.
5. Rosario was informed regarding the decision, by majority, the rebate for Mr. Morans was accepted and
therefore available to all residents who received the "overcharge".
6. Rosario was informed and shown the letter, sent certified, by 464 of her official complaints over the
E.G-M and her request that her letter go into the official Minutes Book. Unfortunately Rosario informed
that the Official Actas Book is for A.G.M/E.G.M's or for extraordinary committee meetings when there is
changes in positions or adding an official signature of authorisation for the banks. Her letter will be attached
to the Committee Meeting Minutes in the official documentation file for 2011.
Rosario has asked for -
An account statement for account 577 for the pending court-case.
Scanned copy of the "libro de Actas" for the A.G.M for 2010.
An appointment to come and view the problems regarding the tenants of the flats and to view the land in question for her finca and the caravans.
An appointment with the whole committee in her office to discuss point 2e.
Rosario handed over:
BIS NO; 45/2010 + 46/2010 accounted in 2010
Factura Proforma for January 2011 to pay by transfer
The next monthly meeting with Rosario will be on the 7 of February 2011 at 10:00
Abogadas pagina I
Type of Minutes Monthly lawyer Meeting
Date & location Monday, 10 of January 2011 10:00-11:50, lawyers Office
With Administración Andreu & Alenda Abogados. S.C. - Rosario Andreu & Fuensanta Alenda
1. Informed the lawyers of the medical state of the President and the Acting Vice-President.
2. Informed the lawyers of the pending tasks from 2010 and we have to have solutions now!
a. Clara -
The checking of the deeds for her finca and the caravan land, including type of access.
The ongoing problems regarding her tenants against the environment and the destruction of community
property. The Denuncia, presented in December and the pending court case, asked Rosario to send
her an official letter. The amount of debt owed to the community and unwillingness to sign a monthly
payment contract.
b .Official letter against 605.- Informed Rosario that she still hasn't sent him the letter regarding the complaints
and the breach of the community statutes. Presented photos as proof and requested we receive a copy of
the letter this week for our files.
c. S. Security and the pending inspection. Rosario informed that we are awaiting the arrival of confirmation
by letter regarding the sanctions.
d. Suma and the site error of plots. Rosario informed that she is making an appointment to go back.
e. Court Case expenses for the debtors of the split 2003-2009 Who needs to pay? Rosario has requested a
meeting with all committee members in her office to discuss and decide on the most diplomatic solution for
the community and for all residents.
We will arrange an appointment as soon as possible.
f .Delivered the debt certificate for 649. Informed Rosario that the community would no accept an offer of
monthly payments as she has had this option available since summer 2009. The only offer possibly
available is to donate the whole bkxk of flats for the amount owing to the community, if residents accept
the proposal at the A.G.M of 2011. We will not present more debt certificates for other debtors until we
have received the schedule for the courts.
g. Rosario was asked, as 513 has signed a monthly payment contract whether we can present him for the
subsequent debt. Rosario informed that we can send anyone to court as long as they owe us.
3. Requested that an official letter be sent to 70 .regarding the construction on community land. The
committee has sent a letter to remove said building as authorised by the monthly meeting in December.
4. Refund for 513. The owner has asked me again regarding his payment of 1.500.00 E to the lawyers
when he signed his monthly payment contract with her. Rosario informed me again that the payment made
was to cover her lawyers' cost which as loosing the case has to pay. Rosario will write directly to his
lawyers, as we new nothing about the contract nor the amount being paid, plus the fact that we have no
received the money or signed a receipt.
5. Rosario was informed regarding the decision, by majority, the rebate for Mr. Morans was accepted and
therefore available to all residents who received the "overcharge".
6. Rosario was informed and shown the letter, sent certified, by 464 of her official complaints over the
E.G-M and her request that her letter go into the official Minutes Book. Unfortunately Rosario informed
that the Official Actas Book is for A.G.M/E.G.M's or for extraordinary committee meetings when there is
changes in positions or adding an official signature of authorisation for the banks. Her letter will be attached
to the Committee Meeting Minutes in the official documentation file for 2011.
Rosario has asked for -
An account statement for account 577 for the pending court-case.
Scanned copy of the "libro de Actas" for the A.G.M for 2010.
An appointment to come and view the problems regarding the tenants of the flats and to view the land in question for her finca and the caravans.
An appointment with the whole committee in her office to discuss point 2e.
Rosario handed over:
BIS NO; 45/2010 + 46/2010 accounted in 2010
Factura Proforma for January 2011 to pay by transfer
The next monthly meeting with Rosario will be on the 7 of February 2011 at 10:00
Abogadas pagina I
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