SOLUTIONS FOR LA MOLA – PORT ANDRATX

27 November 2017

To join the Administrative Association of Cooperation please fill out the Individual Fact Sheet and send it back.

Dear property owner,

We contact you, to inform you individually and collectively about the positive development rising from the efforts to find a fair and equal solution for the urbanistic problems affecting the Urbanization of La Mola in Port Andratx. After launching a campaign in order to find solutions we now see the necessity to assemble La Mola’s owner community. The objective is to found an Association which will defend their interests before the responsible public entities.

There have been numerous reunions, consultations even with the current municipal team and efforts aimed at solving the existing urbanistic problems affecting the Urbanization. After having analyzed, valuated and verified the existing options the municipal team informed us, that their intention is to cooperate in order to find the necessary solutions to provide the area with infrastructure and restore legal and urban normality.

The so called “Subsidiary Norms 2007”, currently applicable planning for the municipality of Andratx, included the Urbanization of La Mola into a unit of action to qualify its land as urban and to plan the implementation of its infrastructure endowment. In 2009 the Andratx town hall tried to push forward the project as set out before and therefore approved hurriedly La Mola’s economic parcellation. Different factors which affected the parceling like the physical reality and historical background had not been taken into consideration jeopardizing the process, which had been established for its adoption. In 2012 the whole proceeding, which had been promoted by the town hall, had been declared invalid before court because of not being approved according to applicable law and not taking account of the existing endowments. It is well known, that since then no visible progress has been reached and La Mola is still in a deteriorating state.

We understand that all the involved parties wish to have well finished infrastructural facilities as asphalted streets, working public lighting, etc. at correct pricing adjusted to the existent fiscal reality. Furthermore, we understand the right of every owner to develop and adjust their buildings to the current urbanistic parameters, without being limited by the stringent existent restrictions as a result of the current situation.

Due to a careful analysis of the situation, its legal and urbanistic aspects, the solution which provides most legal certainty is the creation of an Administrative Association of Cooperation. The prevailing legal foundations for this solution are:

The Regulation implementing the Law 2/2.014, from 25 March, about planning and land use of the Balearic Islands (LOUS), provides in its art. 253.3: “in form of cooperation, the owners have the possibility to found an Administrative Association on their own initiative or by an agreement of the town hall in order to collaborate in the execution of the urbanization works and to draft the reparcelization project.”

Its art. 254.1.b.) states that: “the Administrative Association of Cooperation will be in charge of the reparcelization project (…)”.

To ensure a fair proceeding resolving the situation as set out, we think it is crucial to found the Administrative Association of Cooperation of the owners of La Mola’s Urbanisation, which  is laid down on the applicable rules.

 

In broad outlines the objectives of the Association will be as follows:

  1. To defend the urbanistic interests of La Mola’s property owners, which they
  2. To maintain a communication platform during the proceeding, reaching all the
  3. To participate in all urbanistic proceedings affecting
  4. To promote the reparcelization project and infrastructure endowment while controlling the costs, to ensure that they are not abusive and consistent with the real
  5. To ultimately create an authentic representative body with legal character and capacity to act according to the current planning

Given the Association’s official nature of owner representation, it has to be constituted by majority representation of owners. To this end we invite all property owners in La Mola to subscribe as members of the new Association. The Constituent Assembly will take place on 19 January  2018 from 11:00 h at the Hotel Steigenberger Golf & Spa Resort in Camp de Mar lecture  hall. The agenda for the Assembly will be the following:

  1. Welcome by the promoters.
  2. Verification of the quorum.
  3. Report from the promotors of the Constituent Assembly.
  4. Voting for the constitution of the Administrative Association of Cooperation of the owners of La Mola’s Urbanization.
  5. Voting about the payment of dues to furnish the Associations with the financial resources it needs.
  6. Election of charges (President, Members of the Board, Treasurer and Secretary).
  7. Authorization for the president to:
    • Redact the Associations Statutes.
    • Open a bank account
  8. Question and answer session.

In case some property owners will not be able to attend the Constituent Assembly, it is recommended to empower somebody on behalf in their absence. For this purpose, we attached a letter of representation to this communication. If you will be unable to attend and do not already have a legal representation, we recommend you to empower the promoting lawyers of this Association, Jaime Lamas and Blanca Capellá, to represent you at the Assembly.

To affirm your membership to the Association, it is very important to fill out the attached form and send it signed to info@vecinosdelamola.com or deliver it personally at Lawyer Jaime Lama’s office in Port Andratx.

The creation and promotion proceedings of the Association are supported by:

Blanca Capellá – Legal Adviser – Lawyer and expert in urban and spatial development and planning policies

Jaime Lamas – Administrator – Lawyer and Finca Administrator with office in Port  Andratx

Hans Lenz – Communication and Coordination – General Manager Engel & Völkers Mallorca Southwest

As of that moment, there will be a support hotline available at the property owner’s disposal as well as personal attention at Jaime Lama’s office:

Jaime Lamas & Asociados C/ Atonio Calafat 24, 4-D 07157 Port Andratx

Tel: (+34) 971 57.50.67

E-mail: info@vecinosdelamola.com Schedule: Mo.-Fr. 10-14 h

We will maintain an open door through the website vecinosdelamola.com to bring clarity and inform about the further steps during the whole proceeding. We encourage you to join the Association as it is, without any doubt, the strongest solution to solve the matter.

If you agree about solving the problem of La Mola together, please fill out the form and join the Association.

Yours sincerely,

Blanca Capellá                            Jaime Lamas                           Hans Lenz

www. vecinosdelamola.com

 

Attachements :

-Attachement 1: Individual Fact Sheet

-Attachement 2: Invitation to the Constituent Assembly

-Attachment 3 : Information Letter