Letter to neighbours to try stop this theft

Dear Neighbours:

Elena and Benjamin, House G, have been talking to an urban lawyer friend,who has confirmed what we have been advocating since the beginning of our case: THE TOWN HALL IS OBLIGED BY LAW TO TAKE ON THE URBANIZATION. We would like to add that this is not just common sense, but, the normal,common and LEGAL practice in this country.Therefore,corroboration by a lawyer completely unnecessary. The conclusions are:

The EUC was promoted in August 2007 without consultation and, we believe by underhand methods by Javier Krauel (promotor), Alvaro Conejo, (self-proclaimed "secretary"), another sponsor partner (name unknown) and the Town Hall of Alcaucín.
An agreement signed by deception has no legal validity.
We could say it like this; the English don´t understand, therefore the English pay. No wholly Spanish community would ever be in this position.
Javier Krauel has repeatedly stated that the Entity is a temporary step prior to receipt of urbanization by the Town Hall when the works were finished. The works have finished but the Town Hall has not taken over.
In Spain, the forming of an EUC relates to industrial estates and other areas that have nothing to do with ours. Alternatively we could privatise (close) the neighborhood, something we could do as we actually pay all expenses. Another Spanish figure,'community of owners' does not apply to us because of a lack of Communal Areas.
The EUC, in any case, should COLLABORATE with town halls and not have to bear the full costs as in our case.
In Spain, we pay taxes, mainly IBI for this purpose, and citizens are supplied with street lighting, sewage treatment, street cleaning, maintenance, security ...
We pay twice for the same services.
The fact that in our "Escrituras" the EUC is indicated, does not oblige us in any way to conform it. (It is as if, for example, compelling someone to commit a crime because is reflected in an official document).
The entity suspects that the old "Secretary" has "forgotten" to pay 348 € on behalf of Rosas Bajas and as a reward,we gave him 3,000€!
The current Administrator, on October 2008 pledged to work primarily for the reception of our Urbanization by the Town Hall. Up to date all we´ve "received" ist he increase in his salary and pay 500 € to his lawyer brother for only requesting some documents that the Town Hall refuses to pass. According to Israel they have legally 15 days to answer; according to the town hall, 3 months. After a year we get a response which says nothing clear.Also what it took a year to find out we found out in 1 hour going to the urbanism administration in Malaga. According to the lawyer consulted by us, we need not ask for anything to dissolve the entity.After all when the Town Hall does take over the urbanization the administrator works will end, so why should he hurry to make it happen?
If the entity is not dissolved as soon as possible the problem will be much greater over the years, for three reasons. First, with time, maintenance costs will grow ever greater due to impairment of asphalt, sewage, sanitation, street lights ... Second, if the Town Hall doesn´t take over the urbanisation now , it never will, claiming that the residents have wanted to keep the urbanisation. Do not forget that this situation is ideal for the Town Hall because we pay taxes and they don´t have to take care of anything. And third, that administrative costs will keep rising, as has been proven.
When we decide to sell our houses, it is possible that the default of payment to the EUC may appear as charges on the property causing difficulty in selling.
A curiosity: why do the houses A, B, C, D, pay no fees;they are also in the same municipality and urbanization?To those houses the Town Hall supplies water treatment, lighting, street cleaning. On their street, trucks, cars and people pass through. In ours, too. Another curiosity: why pay a high price for maintenance of sewage when it seems that our sewage tank is the only one in the valley?
It would be particularly irritating that the Entity, as stated in its latest circular, mandate the Town Hall to collect from who they call "defaulters". And when collected where will this money go? This is the very same Town Hall, we remind you, and who we say, are presently deceiving the majority of this community into paying twice.
Another curiosity: How can the Mayor commit to clean an area that has not been taken over,so is therefore not the Town Hall´s responsability but ours? And by the way, what is he going to clean? an area full of sand? If indeed this were the case, would not be better to force a commitment to install a park or something? Do not forget that we live in a town without even a single bench to sit on.
According to the lawyer we consulted the Town Hall is OBLIGED by law to accept the Urbanization.
The only choice we have is to dissolve the entity as soon as possible and require the Town Halll to fulfill its duty immediately.


We encourage you to get information on everything related with Entities in Spain and help us stop this THEFT.

*EUC = "Entidad Urbanística Colaboradora"

For further information:
Comisión Provincial de Ordenación del Territorio y Urbanismo (equivalent of your Town Planning)
Consejería de Obras Públicas y Transportes
Plaza San Juan
Málaga
Tel. 951 03 70 00