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Estepona Golf

The Costa del Sol Action Group does not conduct witch-hunts.

If a person comes in for more than his or her fair share of flak then we welcome a response and are only too willing to set the record straight or put the other side to the story.

Our web pages are open.

 

A dichotomy by definition has two sides and often two diametrically opposing views that would defeat even the wisdom of Solomon – remember the Poll Tax.

 

As far as I can establish a Junta de Compensación in this case is a legal entity empowered by law to establish the infrastructure of urbanization in respect of essential services such as roads, drinking water, sewage, rubbish collection etc. The Junta is endowed with enforcement powers to ensure payment by those under legal obligation to contribute. The placing of charges in the land registry against individual properties is the normal legal working practice to ensure payment. Human nature being what it is, this is the only way to ensure that people pay their dues. Voluntary contributions tend to leave the pot empty. The charges are registered against the properties to preempt sales as soon as owners get wind of the liability of imminent charges.

 

Estepona Golf urbanization covers roughly one million square metres of which 50% is golf course and 50% for development. The development land then divides into 350,000m2 for new development and 150,000m2 of existing development.

 

The Leader family developed Estepona Golf urbanization in the late 1980’s and they still own substantial parts of the urbanization despite incurring heavy financial losses when the property market slumped in the 1990’s. The present infrastructure was created at that time and paid for by the Leader family.

The infrastructure has never been maintained, improved or expanded because of a lack of coordination, willpower or wherewithal to do so. Nobody wanted to pay for it. Security was mooted and was met with disinterest because it would cost money. As a result of apathy and lack of funds the entire infrastructure of the urbanization has gone to rack and ruin. The roads are riddled with potholes, there are no lights to illuminate the roads, and the sewage system is collapsing with a threat to health. In some places untreated sewage simply backs up and seeps on to the golf course as an unexpected and unwanted hazard.

Desperate times: desperate measures. A Junta de Compensación is what is needed to enforce what has to be done however unpalatable that might be to a minority of residents who have not paid a penny of maintenance or community fees since they moved in. Such anomalies have to be rectified for the common good.

 

The cost of the infrastructure is estimated at 10 million euros, which has to be borne by all the property owners in equal shares pro rata. The charging structure has been drawn up by two architects of which the lion’s share will be paid by the interests of the Leader family and the property developers who already own parcels of development land.

The owners of existing properties will be charged according to the value, location and dimensions of their properties. Front line golf properties will pay more than second line properties. That is the way of the world. In monetary terms the owners of those properties will benefit more.

 

Estepona Golf urbanization will be transformed from a state of neglect and disrepair into a modern, attractive, secure, efficient and well-run community to the benefit of all residents.  The bad state of repair of the urbanization has depressed property values and prices, as a result of which current owners have bought properties, some quite recently, at a fraction of the price they would expect to pay on more well-managed golf urbanizations. Why should somebody else pay to hike the value of these properties?

 

The result of this major overhaul and modernization of the infrastructure will benefit all residents because it will increase the value of their properties. The payment of a contribution to the infrastructure will be a capital investment that will enhance the value of the existing properties far more than that contribution. When developers build new villas, apartments and townhouses there will be an immediate increase in the value of existing properties.

 

It has just not been feasible for every individual complaint or viewpoint to be given the time demanded. The conduct of the Junta de Compensación has been strictly according to the law, which does require notices to be published in the Boletín Oficial. Who reads the London Gazette? Rory Leader insists that adequate notice was given to residents and that a copy of the plans was available at the golf clubhouse for inspection. Everybody knew what was happening and the jungle drums were beating.

 

The widow living in reduced circumstances is accepted by Rory Leader as a special case on compassionate grounds and the lady has been assured by him that she will be helped and will not be forced to sell her home.

People may claim to be presidents of communities but they do not necessarily have the legal authority to represent and in any event are minor interests not entitled to representation on the board of the Junta de Compensación.

 

Rory Leader insists that he never told residents that they would not have to contribute to the infrastructure. That would have been nonsense and a lie.

The  Junta de Compensación is rather like a public company in that those on the board represent the major interests. There is a common purpose to make Estepona golf a better place to live and the only way to achieve that goal is to spend money. There is no alternative and all must contribute pro rata because that is the law.

 
AUX BARRICADES!

The following is a statement issued by the residents of Estepona Golf

Between 60 -70 people attended the demonstration held outside the Estepona Town Hall on Tuesday 1st August to protest at the failure of the Mayor, Antonio Barrientos and the Ayuntamiento to control the Estepona Golf Junta de Compensacion headed by Estepona Golf Club Owner, Rory Leader.  The Estepona Golf Residents were joined in the protest by representatives of property owners suffering similar problems from Junta de Compensacions at Puerto Romano, Nerja and San Roque.  Antonio Barrientos has also refused 4 requests to meet the lawyer and architect employed to act for the Estepona Golf Residents.  If the Mayor has nothing to hide why does he refuse to meet the legal representatives?

The Estepona Golf Junta de Compensacion has been minimalistic in the adherence to the rules of a Junta de Compensacion.  Property owners have not been allowed to be represented on the Board of the Junta de Compensacion inspite of the Presidents of two of the legally formed and registered Communities involved making correct applications.  They have lied by telling owners at one of the few meetings we have been invited to, that they would have nothing to pay and then placed open ended charges on our properties.  There are many people prepared to testify on oath to this fact.  The laid down rules for calculating contributions to infrastructure costs have been disregarded by charging front line golf properties double. 

As a result a 67 year old widow of two years on an income of ?120 per week and almost nothing in the bank has ?29000 to pay.

Following our protest meeting the Mayor, Antonio Barrientos has at last involved himself by saying on TV owners would have to pay but he would meet the Junta de Compensacion to try to negotiate a reduction in the infrastructure charges.  However, he has not made any comments as to why no one from the Town Hall has attended a single meeting of the Junta de Compensacion and why all the Junta de Compensacions that seem to grow in numbers daily are allowed to ignore Spanish Law let alone EU law and Human Rights.  Admittedly not all the Junta de Compensacion come under Antonio Barrientos jurisdiction, but he could make a start to bring back law and order to greedy developers instead of letting anarchy reign and then perhaps the Junta de Andalucia would at last do their duty instead of remaining silent and inactive.

Problems Home Owners in the Communites of Estepona Golf face regarding extortionate infrastructure costs for nearby developments.


 

1. The BRITISH Land Owner of the Golf Course, Mr Rory Leader, formed a Committee with the Developers called the "Junta De La Compensación.
2. Meetings were held with no notice given to residents, or only within days of the meeting on an A5 piece of paper put on a golf club notice board, not all of us play golf.
3. Two Presidents since then have tried to join the Junta De la Compensación by applying correctly through the Town Hall. So far no response has been received to either of them.
4. In the very first meeting held in the Club House in September 2004, it was made clear to the Vice President and a representative for the President, who were present, that nobody would have to pay and the fees would be met by the Developers.
5. Later, Charges were discovered on the Nota Simples of extortionate amounts made by the Junta De La Compensación with the approval of the Mayor of Estepona and his politicians responsible for urban development.
6. The Mayor will not respond to applications made to him by the Lawyers and Architects contracted by the residents to act on their behalf for a meeting.
7. The politicians responsible for urban development have so far been unable to help or show the plans of the project to the representatives of the residents.
8. The residents have felt that they have been lied to, abandoned and exploited by the Junta De La Compensación with the blessing of the Mayor and his politicians responsible for urban development.
9. How the infrastructure charges arrived at is not clear!  Villas of the same size and plot size have nearly double infrastructure costs.  Higher valued villas have a lot less infrastructure costs.  Charges ranges from Apartments ?5,000 to villas ?40,000.  Are these figures pulled out of thin air?
10. Residents of Estepona Golf cannot believe that this can happen in a European Union Country - this is something that you hear about in a Banana Republic.
11. The organising of a demonstration at The Town Hall is in progress. We have the backing of European MPs.  We have contacted the Newspapers in Britain and other Countries, and numerous internet web sites.  British Television (Channel 4) is hoping to do a television programme on the problems.  If nothing else by bringing this to the attention of the media, in lots of countries, people will have second thoughts on buying a property in Spain. Then Developers will have properties they cannot sell.
12. We are also joining forces with Puerto Romano, Estepona, Nerja and other areas hit with these problems.
13. THIS MUST BE STOPPED.    IT COULD AFFECT ALL HOME OWNERS.  (A man's home is his castle - and you should have the right to defend it.)  Why should we pay for other people's infrastructure.  Let the Developers pay out of their vast profits - like they do in every other country.

Gwilym Rhys-Jones
Adviser and Investigator
Costa del Sol Action Group
E-mail: gwilymr-js"4">Tel: +(34 951 31 82 77
Mobile: +(34) 699 840 606
Skype address: gwilymrj
 

The Costa del Sol Action Group does not conduct witch-hunts. If a person comes in for more than his or her fair share of flak then we welcome a response and are only too willing to set the record straight or put the other side to the story. Our web pages are open.

A dichotomy by definition has two sides and often two diametrically opposing views that would defeat even the wisdom of Solomon – remember the Poll Tax.

As far as I can establish a Junta de Compensación in this case is a legal entity empowered by law to establish the infrastructure of urbanization in respect of essential services such as roads, drinking water, sewage, rubbish collection etc. The Junta is endowed with enforcement powers to ensure payment by those under legal obligation to contribute. The placing of charges in the land registry against individual properties is the normal legal working practice to ensure payment. Human nature being what it is, this is the only way to ensure that people pay their dues. Voluntary contributions tend to leave the pot empty. The charges are registered against the properties to preempt sales as soon as owners get wind of the liability of imminent charges.

Estepona Golf urbanization covers roughly one million square metres of which 50% is golf course and 50% for development. The development land then divides into 350,000m2 for new development and 150,000m2 of existing development.

The Leader family developed Estepona Golf urbanization in the late 1980’s and they still own substantial parts of the urbanization despite incurring heavy financial losses when the property market slumped in the 1990’s. The present infrastructure was created at that time and paid for by the Leader family. The infrastructure has never been maintained, improved or expanded because of a lack of coordination, willpower or wherewithal to do so. Nobody wanted to pay for it. Security was mooted and was met with disinterest because it would cost money. As a result of apathy and lack of funds the entire infrastructure of the urbanization has gone to rack and ruin. The roads are riddled with potholes, there are no lights to illuminate the roads, and the sewage system is collapsing with a threat to health. In some places untreated sewage simply backs up and seeps on to the golf course as an unexpected and unwanted hazard.

Desperate times: desperate measures. A Junta de Compensación is what is needed to enforce what has to be done however unpalatable that might be to a minority of residents who have not paid a penny of maintenance or community fees since they moved in. Such anomalies have to be rectified for the common good.

The cost of the infrastructure is estimated at 10 million euros, which has to be borne by all the property owners in equal shares pro rata. The charging structure has been drawn up by two architects of which the lion’s share will be paid by the interests of the Leader family and the property developers who already own parcels of development land.

The owners of existing properties will be charged according to the value, location and dimensions of their properties. Front line golf properties will pay more than second line properties. That is the way of the world. In monetary terms the owners of those properties will benefit more.

Estepona Golf urbanization will be transformed from a state of neglect and disrepair into a modern, attractive, secure, efficient and well-run community to the benefit of all residents.  The bad state of repair of the urbanization has depressed property values and prices, as a result of which current owners have bought properties, some quite recently, at a fraction of the price they would expect to pay on more well-managed golf urbanizations. Why should somebody else pay to hike the value of these properties?

The result of this major overhaul and modernization of the infrastructure will benefit all residents because it will increase the value of their properties. The payment of a contribution to the infrastructure will be a capital investment that will enhance the value of the existing properties far more than that contribution. When developers build new villas, apartments and townhouses there will be an immediate increase in the value of existing properties.

 

It has just not been feasible for every individual complaint or viewpoint to be given the time demanded. The conduct of the Junta de Compensación has been strictly according to the law, which does require notices to be published in the Boletín Oficial. Who reads the London Gazette? Rory Leader insists that adequate notice was given to residents and that a copy of the plans was available at the golf clubhouse for inspection. Everybody knew what was happening and the jungle drums were beating.

The widow living in reduced circumstances is accepted by Rory Leader as a special case on compassionate grounds and the lady has been assured by him that she will be helped and will not be forced to sell her home.

People may claim to be presidents of communities but they do not necessarily have the legal authority to represent and in any event are minor interests not entitled to representation on the board of the Junta de Compensación.

Rory Leader insists that he never told residents that they would not have to contribute to the infrastructure. That would have been nonsense and a lie.

The  Junta de Compensación is rather like a public company in that those on the board represent the major interests. There is a common purpose to make Estepona golf a better place to live and the only way to achieve that goal is to spend money. There is no alternative and all must contribute pro rata because that is the law.

 

 

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