english español  

Article 1. - Constitution, name, duration.
1.In accordance with the provisions set forth in the Urban Planning Rules for the development, and application of the Land Regime and Urban Development Act, approved by Royal Decree 3.288/1978 dated August 25, the Conservation Collaborating Development Body named Benamara Dos Hermanas is constituted in the municipal district of Estepona.
2.The constitution of the Body, as well as these By-laws, shall be approved by the Council of Estepona through the legally established procedure.
3.The agreement approving the constitution, taken by the Municipal body, shall be inscribed at the Register of Collaborating Development Bodies.
4.The Body will be subject to the provisions set forth in these By-laws and in the Urban Planning Rules.
5.The duration of the Body will be indefinite, provided the subsistence of the conservation obligation by proprietors.

Article 2.- Character of the Development Body and Entity of which it depends.
The conservation-Collaborating Development Body Benamara Dos Hermanas is of an administrative character and will depend in this respect of the Estepona Council.

Article 3.- Juristic Personality and Capacity.
1.-The Conservation-Collaborating Development Body Benamara Dos Hermanas has its own juristic personality, which will be acquired as of its inscription in the Register of Collaborating Development Bodies recited under Point 3, Article 1 of these By-laws.
2.The Body enjoys full legal capacity to act in accordance with the purposes provided herein.

Article 4.- Domicile.
The legal domicile is established at the development, located at km 168 of the National Highway 340 Cadiz Barcelona as long as the Ruling Council of the Body does not designate a different domicile, which will be notified to the agency in office and the Register of Collaborating Development Bodies

Article 5.- Objet and Purposes.
The object of the Conservation Development Body Benamara Dos Hermanas is the conservation of the Estate works; the maintenance of public service facilities and installations to be assumed by the proprietors; the administration and enjoyment of the Estate common elements, as well as the regulation and maintenance of community life and the best defence of common interests, in what concerns of refers directly or indirectly to the conservation and maintenance of the Estate.
For purely illustrative purposes and a better fulfillment of the conservation and maintenance aims which constitutes the object thereof, the Body shall :
a) Attend to the conservation of the Estate works, maintenance and cost of the public service facilities and installations to be assumed by members, meeting the costs as provided herein ;
b) Supervise compliance with the applicable legal and urban rules in the Estate;
c) Supervise the upkeep of good neighbourly relationships among proprietors residing at the Estate, resolving on the differences submitted to its consideration or those arising among members in what concerns the use and enjoyment of common services and facilities;
d) Enter into all type of contracts, public or private, concerning administrative as well as executory actions, or others.
e) Carry out the appropriate claims, either through administrative, judicial or extra-judicial procedures, in what concerns matters of common interest to the Body members.
f) Request from the Estepona Council the compulsive payment of quotas owed the Body by its members, by means of the regular administrative procedure and without prejudice to juridical claims;
g) And in general, the execution of any activity or right related to the above aims.
The aims of the Body are understood to be without prejudice to the municipal power of claiming same for itself when deemed appropriated, with prior imposition of the corresponding tax, if applicable.

Article 6. - Elements to be concerned by the Body.-
The Body will be in charge of the conservation, maintenance and costs of the facilities, elements and services in the Estate and particularly the following non-restrictive items:
1.- Private property:
a) The water collection and deposit network and the well located in the green zone of the Estate which partially provides water thereto.
b) Any other existing element or facility located within the scope of action of the Body which is not considered as public property.
c) The new services and facilities of common use which may be organized or established by the Body which, due to the nature thereof, may not be public property according to the rules in force at present.
2.-Public property
a) The road network (including trees and sidewalks);
b) The public lighting network;
c) The drainage, sewerage, the waste water installations and the present purifier station ;
d) The water distribution network;
e) The plantation and maintenance of green zones,
f) The public green zone; and
g) Any other public property element or facility comprised within the action range of the Body.
3.- Use of the communal elements in private ownership shall be governed by the following rules:
a) In general, use and enjoyment of the communal elements and services corresponds to the owners of the plots, apartments, commercial premises and other private zones or to the persons who pursuant to accommodation, rental, usufruct or any other title of transfer of use, are legitimately occupying same, without prejudice to the limitations of use and enjoyment wich, in respect of any of them, and in favour of certain title-holders, are established in the following paragraphs of this section number 3. In consequence, the expenses incurred by the maintenance, use, cleaning, repair or replacement of those communal elements and services as are in general use shall be paid by all the owners of plots, apartments and commercial premises in proportion to the quotas wich are established in accordance with the present Bylaws. Equally, to the account of all the owners, based on their respective quotas, shall be all expenses that derive from the service of administration of the Conservation Body.
b) Corresponding on an exlusive basis to the title-holders and occupants of dwellings ,apartments and villas, with the exception of the owners and occupants of the dwellings and apartments in the VENALMAR complex, is the use and enjoyment of the swimming pool in the Urbanisation´s interior sporting zone and, therefore, such expenses destined exclusively distributed between the owners of apartments and villas of this urbanisation (with the exception of VENALMAR) in proportion to their quotas.
c) The cost of Administration salary and expenses, garden trimmings lorry and television service maintenance shall be payable solely in apercentage of 5% by the owners of the VENALMAR dwellings and apartments, in accordance with their respective quota, the remaining 95% of such expenses being payable by the rest of the owners in the Benamara Dos Hermanas Conservation Body.
d) The owners and occupants of VENALMAR dwellings and apartments shall not have use of the vigilance service, thus they shall not contribute to payment of the cost of said service.

Article 7.- Territorial Scope.
The Competency, powers and attributions of the Body comprise the plots located within the limits of the Benamara Dos Hermanas Estate, as per the Partial Urban Planning Chart approved by municipal agreement of the Estepona Council.

Article 8. - Body Members.
1) All owners of built or unbuilt plots, apartments, villas and commercial premises or offices located within the limits of the Benamara Dos Hermanas Estate will be obligatorily members of the Body, being subject to compliance with these By-laws and the agreements to be taken by the official committees.
2) As per the provisions under Article 28 of the Urban Planning Rules, transfer of title of a property comprised within the territorial scope of the Body will entail the subrogation of the purchaser to the rights and obligations of the transferor, it being understood that the former is incorporated in the Body as of the time of transfer. To these effects, the transferor must include in the transfer deed the existence of the Development Body wherein the property is integrated.
3) The Body members must advise the Ruling Council on the transferals of their property under any title within the term of one month.

Article 9.- Rights of the Members
The rights of the Body Members are the following :
a) To execute their dominion powers over their private property with the only restrictions as established by the laws, rules and urban planning in force.
b) To use the common facilities and enjoy the services such as maintenance, upkeep, security, etc.., with prior fulfillment of the requisites and formalities set forth in these By-laws. The Body may request the appropriate Company to interrupt the supply of any service or deny the use of common facilities to the associate who may infringe this rule or the applicable planning rules. In the latter case, notice of the infringement will be given to the Administration in office to take the appropriate measures to re-establish the infringed juristic asset.
c) To attend, either in person or by proxy, the General Assemblies, debate and vote on the matters in accordance with these By-laws.
d) To elect and be elected to the Ruling Council posts.
e) To formulate any proposal as deemed convenient for the improved fulfillment of the purposes of the Body and to be informed of the actions carried out by same.
f) To alienate, lien, rent or carry out any other act of disposal or
administration on the plots or buildings of their property.
Article 10.- Obligations
1.- The Body Members are obliged to :
a) Pay the ordinary or extra-ordinary quotes appointed by the General Assembly in order to meet the needs of the Body, or for the improvement of common elements or facilities, including new ones.
b) Attend the General Assembly, accept the appointments to the Management Council if elected for the first time, and to attend the meetings thereof.
c) Submit projected new constructions or modifications in the dwellings, premises or buildings to prior approval of the Ruling Council, which must decide within a maximum term of 45 days. The absence of a reply by said Council will be taken as an implicit approval and the decision thereof may be appealed before the General Assembly.
d) Appoint a representative when the title of the plot or building is in condominium or any other manner of title to several people. When the title holders are several, any one of them will be responsible before the body. To this purpose, the latter may address any of all title holders. In the case of enjoyments, the enjoyer will be responsible before the Body, without excluding that, in case of non-compliance of the obligations arising from these By-laws, the Body may claim said obligations from the nude owner.
e) Accept and comply with the agreements taken by the official committees of the Body, without prejudice to the appropriate proceedings.
f) Designate an address for notifications, in the absence of which the property located within the Estate will be taken as said address.
g) Refrain from alienating or transferring ground, plots of building without the formal adherence of the new proprietor to the Body, complying with these By-laws and subrogating the rights and obligations of the transferor as established under Point 2 in Article 8.
h) And, in general, to comply with any rule in these By-laws or with the agreements taken in accordance therewith by the official committees of the Body.
i) When owners wish to repaint their properties, they must be repainted in the original colour.

Article 11.- Participation in the Body
1.- The participation quotas of plots, dwelling or premises forming part of this Body will be as listed below, in order to determine the participation thereof in the common expenses for the general maintenance of the Estate:
Street Nº Present Titleholder sq.m house Coef. sq.m.gardem
2.- The quota of the unbuilt plots will be established on the basis of 150 sq.m. of building for every 400 sq.m. of surface area; The surplus for smaller plots is not computed.
The constructions to be built in the future and the modifications carried out in the existing dwellings or premises will entail a variation
of the assigned quota and a directly proportional modification in the participation quotas of the remaining units existing on the Estates.
3.- In order to exercise the right of vote, it is necessary to be up to date in the payment of amounts owed the Body.

Article 12.- Administration and Governing Bodies.
The Administration and Governing agencies of the Body will be the following :
a) The General Assembly,
b) The Ruling Council,
c) The President and Vice-President; and
d) The Administrator Secretary.
SECTION 1 : Concerning the General Assembly

Article 13.- The General Assembly
1.- The General Assembly is the high deliberating agency of the Body and must necessarily be made up of the owners of plots, dwellings and premises of the Estates.
2.- The agreements of the Assembly, taken as per these By-laws, will be compulsory for all owners, including those who may be absent or disagree therewith, without prejudice to the appeal recourse contemplated under Article 31 herein below or the appropriate legal actions.

Article 14.- Meetings of the General Assembly
1.- The General Assembly will hold an ordinary meeting at least once a year, and an extra-ordinary meeting when deemed convenient by the President or the Ruling Council, or when requested to the Council by Body members representing at least 25% of the participation quotas; in the latter case, the matters to be discussed must be stated.
2.- A Universal Assembly may be constituted when all Body members are present or adequately represented, without complying with the call requirements.

Article 15. - Assembly Calls
1.-The General Assembly will be called by the President or by the Administrator Secretary in his name by means of a letter sent to all Body members to their registered address at least seven days before the meeting date.
2.- The call will indicate the place, date and time of the meeting and the Agenda thereof. It is understood that the second call will be made thirty minutes after the time designated for the first call.

Article 16.- Constitution of the Assembly.
1.-The General assembly will be validly constituted on first call when those in attendance represent as least 50% of the Body members.
2.- For the second call, the attendance of at least ten members will suffice.

Article 17.- Powers of the Assembly
The General Assembly has the following powers :
a) To appoint and remove the Ruling Council posts. Should a vacancy arise, the Council will agree the appointment and submit same for ratification at the first Meeting to be held.
b) To appoint two Accounts Auditors for each financial year.
c) To approve the accounts of the previous year, the balance and the budgets for the coming year. The documents, validated by the Accounts Auditors, will be available to members at the Body domicile seven days before holding the Meeting.
d) To approve the execution of extraordinary an improvement works and obtain funds for same.
e) To agree, if applicable, the modification of these By-laws.
f) To indicate the quotas or shares corresponding to each owner and the manner of paying same into the Body Till.
g) And, in general, to establish the broad guidelines or bases to determine the Estates rules and the policy to be followed in order to regulate, in consideration of the common welfare, the relationships of the associates with the Body.

Article 18.- Concerning the Assembly Agreements
1.- The agreements of the Assembly will be subject to the following rules :
a) The vote of two thirds of all owners, representing in turn two thirds of all participation quotas will be necessary to validate, in first call, the agreements implying approval or modification of the rules in these By-laws.
For the second call, no quorum will be required and the agreements will be validated by the votes of two thirds of the owners in attendance representing two thirds of the participation quotas thereof.
The owners who, adequately given notice of the Assembly, fail to attend same, will be officially notified in detail of the agreement taken by those in attendance.
b) In order to validate the remaining agreements, the vote of the majority of owners in attendance will suffice.
SECTION 2.- Concerning the Ruling Council

Article 19.- Character and composition
1.- The Ruling Council is the government, management, representative and administrative agency of the Conservation Collaborating Development Body.
2.- The Council will be made up of a maximum of nine and a minimum of five members appointed by the General Assembly among the Body associates for a period of one year, and may be re-elected indefinitely for like periods.
3.- Should the General Assembly fail to do so, the Ruling Council may appoint a President and Vice-President. It may also appoint a Secretary-Administrator who may not be a member of the Council or an associate.
It will be an essential qualification to have served for at least one natural year on the elected committee, and to have paid all dues to the community, before being appointed president of the community either from the general assembly or by the committte.
4.- In its condition as Administrator, in office and when deemed convenient, the Town Council may appoint a member of the Ruling Council and remove or substitute same when considered convenient, without said appointment being subject to term in office and being computed in what concerns the minimum and maximum number of Ruling Council members established in Point 3 herein above. The Municipal member will not have voting capacity.

Article 20.- Meeting calls, constitution and operation of the Council.
1.- The Ruling Council will meet when deemed convenient by the President or when requested by three of its members and, in any case, at least once every quarter.
2.- The meeting call, indicating the matters to be discussed and the place, date and time of the meeting, will be issued by the President or the Secretary-Administrator on his behalf by means of a letter to all members at least forty-eight hours prior to the meeting. When all members are present, they may agree to obviate the need to issue a meeting call.
3.- The Council will be validly constituted on first call when half plus one of its components are in attendance, either in person or by proxy, and on second call thirty minutes later, irregardless of the number of Councilors in attendance either in person or by proxy.
4.- A councilor may only be represented by another Councilor by means of a letter addressed to the President thereof.
5.- All council members have the right to one vote of equal value. The agreements will be taken by simple majority of votes in attendance or by proxy and, in case of a tie, the vote of the President is decisive.

Article 21.- Powers of the Ruling Council.
1.- The Ruling Council will be invested with the widest powers to rule and administrate the Body and will hold the full representation thereof.
2.- Particularly, the Council will have the powers to :
a) Carry out the agreements of the General Assembly.
b) Submit before the General Assembly a proposal for the yearly income and expenditure budget and provide the accounts of the previous year.
c) Order the execution of conservation and maintenance works and the establishment of common services or elements, facilities or installations.
d) Administrate the funds of the Body
e) Supervise the fulfillment of the legal and urban planning rules applicable on the Estate. To this end, it may require all degrees and spheres of the Estate Administration to carry out public inspection duties and the re-establishment of juristic order when infringed by any owner of land, plots or buildings.
f) To make the appropriate claims, either by administrative, judicial or extra-judicial channels, in what concerns the conservation and maintenance purposes which constitute the object of the Body.
g) To request the Estepona Town Hall the compulsory collection of quotas owed the Body by owners of Land, plots or any type of building irregardless of the use thereof, within the context of the stipulated administrative procedure without prejudice to claiming payment by judicial channels.
h) To enter into all type of actions and contracts of administrative or executive nature related to the object and purpose of the Body over the assets thereof, by means of the agreements and conditions as deemed convenient, excepting those which may be reserved to the Extraordinary General Assembly.
i) To open, pursue, settle and cancel current accounts, credit of savings accounts, and appoint the individuals empowered to make payments into, and withdraw sums from, said accounts.
j) To grant and revoke wide and special powers of attorney.
k) To invest Body funds under the terms and for the purposes contemplated in these By-laws.
l) To represent the Body before the State, the Autonomos Community, the Province or Municipality, Bodies, Law Courts and tribunals and all type of individual or juristic persons.
ll) To appoint and remove administrative and labour staff in the service of the Body and to establish the payment and work regime thereof.
m) To approve or deny the execution of new construction works or modifications in those already to existence.
n) And in general, the Ruling Council will have full powers, attributions and faculties of the Body, excepting, those expressly reserved to the General Assembly by these By-laws.
SECTION 3.- Concerning the President and Vice-President.
The powers of the Ruling Council will correspond firstly to the President and secondly to the Vice-President thereof, who will act as Body representatives by virtue of their post. The Ruling Council will appoint, from among its members, replacements to substitute them in case of absence, illness or incapacity.
SECTION 4.- Concerning the Secretary-Administrator.
1.- Should the Secretary-Administrator not be a member of the Ruling Council, he will have right of speech but not of vote. He will be appointed either by the General Assembly or by the Ruling Council. The appointment may fall on an individual who is note an owner.
2.- The Secretary-Administrator shall :
a) Raise the proceedings of the meetings of the official committees of the Body.
b) Notify the Body members in writing of the agreements taken by the General Assembly within the term of ten days after the corresponding meeting.
c) Pursue the precise fulfillment of the agreements taken of any agency of the Body.
d) Be in charge of staff in the service of the Body.
e) Administrate common funds., carry accountancy books and be in charge of the custody thereof and other documents.
3) The post of Secretary-Administrator may be remunerated.

Article 24.- Concerning the Body income and expenditure.
1) The Body income shall be the following :
a) The ordinary quotas and extra-ordinary apportioned expenses agreed by the General Assembly and to be met by members.
b) The yield which may be derived from the private assets of common use.
c) The subsidies, aids and donations which may be granted in its favour.
d) Any other resource which may be attributed thereto and which is not contemplated in the preceding paragraphs.
2.) The Body Expenses will be the following :
a) The execution of works agreed by the official committees of the Body by virtue of their respective competency.
b) The conservation, enlargement and improvement of the service and remaining private assets of common use, as well as the conservation of installations and facilities of public or private dominion.
c) The expenses concerning administration, security guards, etc.
d) Any other expense required by the fulfillment of the object and purposes of the Body.

Article 25.- Concerning the Budget.
1.- The financial management of the Body will be subject to the budget regime.
2.- The Ruling Council must prepare the Body budgets for each financial year with the sufficient anticipation, as well as a proposal for the distribution of quotas among members and the manner and terms of payment thereof, an explanatory statement (if deemed necessary) and the settlement of the previous budget, All associates will be issued with a copy thereof for its subsequent approval by the Assembly.
Should it be necessary to enter some urgent expenditure which is not included in the budget, or when the allotment thereof falls short, the
Ruling Council will prepare an extraordinary budget together with the explanatory statement and the proposal for the distribution of Extraordinary General Assembly called for that purpose. The Ruling Council may dispose of up to a maximum of 2.500.000 Pts. for special urgent matters without prior agreement of the General Assembly.
The Managing Committee shall draw up three budgets:
1) A general one for maintenance and conservation of the urbanisation, to be paid by all owners of plots, dwellings and commercial premises.
This budget shall be in turn subdivided into two budgets, one corresponding to the owners of commercial premises and dwellings in BENAMARA DOS HERMANAS, and the other corresponding to the owners of dwellings and apartments in VENALMAR, on a pro rata basis in accordance with the criterion established in article 6, section 3, of these Bylaws.
2) A specific swimming pool maintenance budget, to be voted exclusively by the dwellings having the use thereof and in direct proportion to the quota assigned as per these By-laws, and :
3) A specific private garden care and maintenance budget, to be voted by all owners who, being in ownership of a garden, do mot inform the Ruling Council their intention of taking car of it personally. The quota for each owner will be determined dividing the total number of squares metres to be maintained in each financial year by the number of square metres in the property of each garden owner.

Article 26. - Collection of quotas and extraordinary apportions.
1.- All Body members must pay the assigned ordinary quotas and extraordinary apportions in the manner and terms established by the General Assembly.
2.- The Town Hall of Estepona, at the request of the Body President and with prior agreement of the Ruling Council, will demand compulsory payment of the quotas in arrears. The amount of the collected quotas will be delivered by the Town Hall to the Body in charge of conservation.
3.- The compulsory payment procedure may not be initiated before fifteen days from the payment requirement to the debtor by the President by means of certified procedure.
4.- Payment terms for community fees
Choice 1. If the totals of community fees are paid before the 31 January, a discount of 10% will be deducted from the amount assessed.
Choice 2. If one half (50%) of community fees are paid before the 28 February, with the remaining 50% being paid before the 31 August, a discount of 5% will be allowed from the amount assessed.
Choice 3. Fees may be paid by quarterly instalments, but will not be entitled to a discount. Quarterly payments must be received before 31 March, 30 June, 30 September and 31 December.
If no payments have been received before 31 March (meaning that no payments have been received under any to the three choices available) the interest of 1% will be added monthly to the total outstanding.
If any community fees remain unpaid at 31 December an automatic penalty of 20% will be added to the total amount outstanding.
5. - The President and the Vice President shall have the power at any time to start and proceed with legal actions to recover community fees and other debts, certified by the administrator, to be owed by any particular debtor.

Article 27.- Rules for the approval and execution of works.
1.- For the Ruling Council to enter any maintenance or conservation works contract, in addition to the prior Municipal Works License, the following documents will be necessary:
a) Prior budget allotment, and,
b) A study of approximate costs, with the exception of small conservation or repair works in an amount not exceeding 5% of the ordinary budget.
2.- The prior approval of the General Assembly will be necessary in the following cases:
a) In improvement works contracts, or those having an execution term exceeding the financial year and requiring the allotment of funds in future years, excepting when foreseen in a general works and expenses plan approved by the General assembly, and
b) When the amount of the contract exceeds 25% of the ordinary budget.

Article 28.- Planning and supervision of expenses and payments.
The planning of payments chargeable to the corresponding budgetary allotments and the negotiation thereof will be up to the President and the Secretary-Administrator.

Article 29.- Records
The agreement of the General Assembly and the Ruling Council will be recorded in the appropriate Records which, once approved at the same meeting, will be carried to the Records Book.

Article 30.- Publicity of the Agreements
1.- One copy of the Records of the General Assembly agreements will be sent through the mail to each member of the Body.
2.- In every case, the Record Books will be at the disposal of any Body member for the perusal and verification thereof.

Article 31.- Appeals
The General Assembly agreements may be opposed in first instance before the Town Hall within the term of fifteen days counted from the day after receipt of the corresponding Record or, if applicable, of the individual agreements which may have been taken by any of the official committees.

Article 32.- Dissolution
Due to the permanent character of the constitution of the Body in what concerns its object and purposes, the dissolution thereof may only be effected by a Plenary Meeting of the Estepona Town Hall, in which case the latter must take charge of the conservation and maintenance duties, the development works and the facilities and installations, without considering which is the title holder body. In this case and in order to meet the conservation expenses, it may establish the corresponding tax, which will be proportionate to the surface of the properties as per Article 11 hereinabove.
FIRST: These By-laws will be in force on the day of registration of the Body at the Register of Supporting Developments.
SECOND. Once these By-laws are approved by the Town Hall, the latter may require to developers to call the constituent Assembly and formalize within the term of one month the public constitution deed of
the Body, wherein the Ruling Council posts elected by the founding Assembly will be indicated.
The constitution dell must recite:
a) A list of owners.
b) A list of properties, plots or buildings owned by those recited in a) above.
c) The individuals appointed by the constituent Assembly to occupy the posts in the Ruling Council .
d) Constitution agreement.
A notarized copy of the constitution deed, within the month following the signature thereof, will be delivered to the Estepona Town Hall which, if appropriate, will adopt an agreement approving same within a thirty-day term.
Once the constitution is approved by the Town Hall, it will raise same before the Planning and Environment Commission for the registration of the Conservation-Collaborating Development Benamara Dos Hermanas in the appropriate register, a notarized copy of the constitution deed and a copy of the By-laws prosecuted by the Secretary of the Municipality, as well as the Municipal Constitution Agreement.
The Planning and Environment Commission or the Estepona Town Hall will notify the Body President of the registration thereof.
THIRD.: The assignment of the works on developments, facilities and public domain elements, the execution of which is contemplated in the Urban Planning Chart or in the Supplementary Works Project, will be carried out by the developer, Benamara S.A. in favour of the Administration in office within the term of three months. The maintenance and conservation obligations assumed by the Body are not altered by said assignment.
FOURTH.: Inscription in the Register of Collaborating Estates entails that the Body which is regulated by the instant By-laws will assume the security, cleaning and gardening services and the conservation and maintenance of all sub-structure elements, facilities, installations and surfaces in the Development Project definitively approved by the Estepona Town Hall.
FIFTH.: The creation of this Conservation Body necessarily entails the subrogation thereby to all type of planning obligations which may be attributed to the developer and which are substantiated in the conditions and modes recited in the Plenary Meeting of the Estepona Town Hall which initially approved the Development Project of Benamara Dos Hermanas.


© Benamara Dos Hermanas Estepona 2001 - 2022 · e-mail: benamara@benamara.com