What is the legal status of the urbanisation?
The Concept of an Entity
The legal definition of what is meant by Urban Conservation Entity is as follows:
"public entities composed of individuals and created to a purely urban, conservation and maintenance of public infrastructure works, furnishings and facilities.”
Although it is common in any municipality that the Town Hall will meet (through the municipal budget for) the maintenance of its elements and its services (sidewalks, streets,gardens, parks, lighting, sanitation,...) where there is an Urban Conservation Entity, THAT IS NOT TRUE.
The current planning legislation contemplates that the General Urban Plan or Partial Plans of municipalities (especially those with fewer economic resources) to speed up urban development in certain places (especially when they are away from their village) and object of these councils, to spare the expense of maintaining these developments may agree with the corresponding promoters, the creation of these Urban Conservation Entities are those that assume the obligation to maintain and preserve the works both the budgets and municipal government services in these developments.
Therefore, the first thing to be clear is that both the constitution and membership of such bodies of private owners of urbanization is not voluntary, but mandatory and that
the duty of conservation of both the development works as public facilities and provision of certain public services correspond to all owners whose properties are situated in any of the areas that the Urban Planning or any other laws contemplate.
In this particular case, on August 8th 2007 we held the general formal establishment of the Urban Conservation Entity, El Olivar de Buenavista, where it was approved the Regulations governing its operation, all ratified by the City Council of Alcaucin at the meeting of the Local Government Board, dated October 31, 2007.
From that moment, all owners of property within the sector UR-2 Plan Alcaucin Partial Management (El Olivar de Buenavista), including subsequent purchasers assume the obligation to contribute to the conservation and the maintenance crews and public service facilities for such development.
Second, it must be equally clear that such entities are required to meet and maintain the infrastructure works, facilities and endowments, NOT PRIVATE OWNERSHIP, BUT PUBLICLY OWNED (although as can be our case, with an almost exclusive use of).
Therefore the Urban Conservation Entity maintain and preserve items that are not yours, but communal and therefore the Town Hall, to facilitate management of the entity, has the power to enforce payment (using the Provincial Board of Revenue) of owners who fail to pay correctly on time the corresponding maintenance fee. Therefore, and in accordance with all previously explained, this is the reality that having a legally constituted entity Urban Conservation in our development, all owners have the obligation to preserve and maintain the public works, furnishings and facilities existing in it.
ALSO LOOK AT ADVICE FOR SOLICITORS