Camposol

CAMPOSOL BUSINESS ASSOCIATION (Asociación Empresarial Camposol)

A group of businesses based in Camposol’s B Sector Commercial Centre have formed the “Camposol Business Association” (Asociación Empresarial Camposol), the driving force behind the group is Julie Townsend proprietor of two companies represented in the Commercial Centre, the initial objective of the association is to clean and maintain the pedestrian area and carpark, a task that should be undertaken by Grupo MASA but in the absence of any action, even after numerous requests, the group of businesses have decided to act directly to provide a clean and enjoyable environment for their customers.

The Association has been registered and had its first AGM on 26th August which was attended by the Councillor for Camposol, Silvana Buxton, the Association will be self-funded by the businesses involved and has opened an account to finance professional cleaning and maintenance services, initially around 20 businesses have joined and it is hoped more will follow and the associations activities will be extended to other aspects including the promotion of the Commercial Centre in general.

Work will soon be under way to start regular cleaning and routine maintenance around the Centre to create a more pleasant visit for customers, businesses who have joined the Association will soon be identifiable by “Association Members” signs displayed in their premises.


Camposol Business Association solves first problem 

 Although the Business Association is not yet fully functioning a problem has already been solved which has been a potential injury issue for some years, that being the numerous open service pipes in the pavement which runs behind the north side of the B Sector Commercial Centre and the rough ground where many staff and customers park their vehicles, the matter was raised at the Association’s first AGM at the end of August.

The pipe openings are service access points to the waste water system and are around 15 cm wide (see example above) easily enough for a pedestrian to trip over or step into if distracted or carrying bulky items, the association filed a report via the Council’s Línea Verde facility, the report was forwarded to Aqualia who replied that the pavement was the responsibility of the commercial centre, the association disputed this and with the assistance of the Councillor for Camposol Silvana Buxton and the Council’s Health and Environment Department it was agreed that the road and pavement were public and a work order was processed to carry out the work required, this has now been completed eliminating the potential risk of injury (see below).

Association President Julie Townsend added “The Camposol Business Association would like to say a big thank you to Paul Drury and Councillor Silvana Buxton for solving this issue”.


 Pressure valves installations

(pictured, a valve installation on Ave de los Covachos, Sector B)

The low-pressure problems for some residents in Sector D was due to the lime/calcium problems that have arisen causing blockages in the network, but which are almost solved. This morning after some new adjustments the supply in the entire D sector has been good, so the residents should not have problems of low pressure. In any case, we are checking every day to ensure that the system performs correctly.

(pictured a valve installation on Ave de los Covachos, Sector C)

Regarding the 3 photos that were provided, these correspond to pressure valves installations. The unfinished construction work should be completed during the remainder of August. Only one valve would be pending on Calle Ibiscum, its installation has been postponed because its installation entails a general cut off of the water supply in sectors B, C and D, and we have decided to postpone it until September so as not to affect the residents in the month of August, which must be the month with the biggest influx of people into the area.



Camposol Social Centre

The Camposol Social Centre will re-open (COVID measures permitting) from early September, any association or group who wish to book the centre on a single or ongoing basis should call in at the Centre Mondays or Wednesdays 10am to 12 noon and make enquiries with Silvana Buxton (Councillor for Camposol) a signature will be required for a copy and agreement of the regulations and key (non-copyable).


OMBUDSMAN – DEFENSOR del PUEBLO

Following the publication earlier this year of the reply from the Defensor del Pueblo (Ombudsman) to the CRA application, in which the reply contained comments such as – “abundant documentation” – “various issues that appear mixed and unrelated” – “Therefore, it is not possible to determine what your problem really is” – “you must state clearly what is why you are addressing this institution”, a Crusader contributor has submitted a lucid history and more focused question to the Ombudsman.

After describing the situation and explaining the abandonment of the urbanisation by the developer Justo y Manoli SL (Grupo MASA), the subsequent dismissal of said developer by Mazarrón Council (including a copy of Mayor Blaya Blaya’s letter dated Feb 2011) and the Horizontal Property Act/Community of Owners situation as contained in individual property escrituras (deeds) the following question was put forward

“Considering that the Constructor Justo y Manoli SL is bankrupt and no longer exists and the bank guarantees are currently not available, is the completion and ongoing maintenance for the internal roads the responsibility of the home owners or Mazarrón Council?”

In the Ombudsman’s reply, after the general terms and conditions including the point that rulings can only be given on current infringements by public administrations, the following translated observations were laid out (2 of the points were also partially mentioned in the reply to the CRA):-

Without prejudice to the above, and although this institution does not know what the urban planning situation is of the Camposol urbanization, much less what its legal organization is, you should take into account the following observations:

1.- The urban conservation entities are collaborating entities of urban administration, are mandatory when the Plan or a legal provision attribute to the owners of a poligono or working unit the duty to maintain and conserve the urbanization. Regarding their legal nature, they are groups of persons associated for some specific purpose, in this case the maintenance works of the urbanization. They have a special characteristic that distinguishes them from other corporations, which the legal system has conferred on them as attributions through the technique of “self-administration” in the exercise of public powers, administrative powers to be exercised over its own members. Therefore, if the plan determines in this case the mandatory constitution of an entity, then they must, the owners, establish it and assume the maintenance and conservation of the urbanization works once they are completed.

2. In general, the transfer of urbanization works once the same have been completed, is a question that for various reasons has been a common source of difficulties and conflicts of all kinds. Very often, municipalities resist adopting urbanization works as the step of their formal adoption assumes the transfer to them of the duties of maintenance of the same, duties whose compliance generates expenses that councils are unable to afford, especially in small municipalities. From the moment the local administration adopts the urbanization works, after urban execution, it is responsible for them for all purposes.

Indeed, the end of any urbanization process must be the transfer of the works to the corresponding urban administration, after its execution in accordance with the planning and the urbanization project. Now, note that the local administration can only receive the urbanization works when it considers that the same are in fair condition. The town council cannot ignore the planning regulations when deciding whether to adopt the works or not. It is not a discretionary power, rather

it is a requirement that it must comply with the law, that is, that the executed planning elements are fully and adequately urbanized in accordance with approved projects and later the works of urbanization provided that these are executed satisfactorily.

In short, Mazarrón Town Council cannot adopt the works of the development as long as you, the owners, do not finish them completely. The urban management must require them to fulfil the legal duties of assignment, equi-distribution and urbanization, as a necessary assumption for the exercise of the rights. Only then can the works be adopted and the planning process completed.

3. Regarding the allegedly failed performance of the company promoting the urbanization works, you are informed that, in accordance with the provisions of the Organic Law 3/1981, of April 6, this institution is not able to intervene with private businesses. These disagreements are framed in the relationship between property sellers and property buyers, a relationship that belongs to the legal-private sphere, and that, therefore, it is outside the powers of this institution. The possible responsibilities that a private company may have incurred in the development of their activity, must be demanded by the affected parties themselves before the ordinary courts of Justice if an amicable agreement between the parties is not possible, outside this institution those affected can undertake actions of any kind that they see fit for the defence of their interests.

4. Public roads, public green areas, free spaces of the same character and public facilities are owned by the town council or the administration, but never by the homeowners who, at most, are obliged to maintain them, to the extent that they are part of the urbanization works. A record must be drawn up of this delivery to the town hall. In planning and in the urbanization project, they must include public roads and public green areas and public allocations or equipment. The roads that access the urbanization and the free spaces for common use of all will always be public.

Furthermore, in urbanizations where determined, as seems to be the case here, there are other elements complementary to those (above), such as the streets for private use, private green and recreational areas, swimming pools, etc., reserved for the urbanisation homeowners and that are part of the common hold elements in a regime of horizontal property (Horizontal Property Act). All these elements must be shown in the Property Registry for full effectiveness and clarity of situation.

Finally, as has already been said, there is very little information that this institution has about the Camposol urbanization, so it must be insisted on that these indications are merely indicative. Therefore, it is suggested to go to Mazarrón Town Hall, where they can provide you with an adequate and more complete information about the questions and doubts raised.

As was previously pointed out these are not rulings but solely observations and while this may not be welcome news it does provide an unbiased official insight into Camposol’s problems and in an indirect way highlights the fact that Mazarrón Council has adopted the public roads and areas for services without insisting that the homeowners complete the public infrastructure first as referred to in points 1 and 2, although the urbanisation’s adoption in 2014 was via a Governing Board (Junta de Gobierno) motion not in a full Pleno, whether this is significant remains to be seen, the Ombudsman also points out the position with regard to the regime of horizontal property (Horizontal Property Act – Community of Owners).


Message of Condolence forwarded by the Councillor for Camposol 

Since the arrival of the Covid-19 pandemic, when Camposol gratefully received hundreds of face masks made by the volunteers of Cáritas, a strong relationship was forged between this charity organisation and the people of Camposol and surrounding areas. Following the sad loss of Prince Philip a few days ago, the President of the local branch of Cáritas, who is also the Vicar of San José Church in the Port, sent this message:

“Having heard of the death of the Duke of Edinburgh, and knowing how important the Royal Family is to the British Community, I wish to express my sincere condolences to the British people, at this very sad moment. I am a great admirer of the Royal Family, and especially of Queen Elizabeth II, for her invaluable contribution in British history and to humanity throughout the world.

The Royal Family, and in particular Prince Philip will be in my prayers, and I will ask God to keep his soul. Although the Duke of Edinburgh was considered by some a controversial figure, he was a fundamental pillar of strength for Her Majesty the Queen and therefore for the whole population of the United Kingdom”


 

Pig Farm Traffic Update 

Following on from posting “Pig Farm Traffic Prohibited”, which detailed a clause which had been inserted into the Pig farms operating licence prohibiting farm vehicles using urbanisation roads to access the farm, there was some confusion as to how or who would be responsible for repairing an alternative route to and from the farm, this lead to discussions between the Policia Local who have to enforce the restriction, the environment department of the Town Hall and Councillor for Camposol, Silvana Buxton, in the meantime farm lorries have been continuing to travel through Camposol, a solution was agreed and on the 7th April Silvana had a site meeting with the pig farm owner to see the repairs being carried out to the camino (farm track), the repairs are being carried out by the owner who estimates the cost to be around 9000€ so far.

The alternative route is now passible and the farm owner has instructed all supply and delivery drivers of the new route to be taken, he is also posting signs on the farm (see picture – Translation: THE PASSAGE OF LORRIES BANNED – ENTRY THROUGH EL PARETON) the Police will also be arranging for signs to be fabricated and posted on the urbanisation.


Local Hero

Mazarrón Local Police officer, Andrés Fernández who patrols and attends incidents on Camposol has been nominated for bravery honours after jumping into the sea to save one of the refugees whose boat capsized off Percheles Beach at the weekend, sadly there were 2 mortalities and others are missing.

Officer Andrés patrol partner on Camposol also assisted in the rescue, here is a translation of an article from local news feed Mazarrón Hoy:-

Andrés Fernández nominated for Medal of Merit for Civil Protection   

03/30/2021

The Officer of Mazarrón Local Police jumped into the sea and with the help of a surfer took out the first immigrant rescued this past Saturday in Percheles

The Government Delegate (for Murcia), José Vélez, will request the Ministry of the Interior grant the Civil Protection Merit Medal to the Mazarrón Local Police officer who last Saturday rescued one of the immigrants whose boat was shipwrecked off the shore of the town.

This distinction recognizes the work of those who stand out for their activities in the protection of people through the performance of singular acts that involve notorious risk or exceptional solidarity.

DESCRIPTION OF THE FACTS: 

Around seven in the afternoon of last Saturday, a Local Police patrol that was on patrol near the scene of the events approached Percheles beach when he were alerted by some neighbours informing that there was a person in the water calling for help, believing that he was a bather. One of the agents, Andrés Fernández, who was part of this patrol, did not think twice, and in a heroic act created a float with an empty bottle and a rope. After a few tense minutes, and with the help of a surfer, they rescued this person by taking him to shore.


 

 

Here’s a posting on a topic that is currently causing waves on many parts of Camposol and the Region.

Squatters – The Silent Invasion 

The increasing problem of Okupas (Squatters) in Spain and the region of Murcia is becoming more apparent and Camposol is not exempt, as can be seen from the above photograph of a house on C sector where a bankruptcy receiver has erected security fencing and had the doors and windows bricked up and painted over with “Policia” daubed on the front to dissuade Okupas from targeting the property, whilst effective it is not an attractive feature for the area, similar problems are arising on all sectors of the urbanisation, with a particularly difficult ongoing situation on B Sector.

One of the biggest obstacles for homeowners trying to evict intruders in a timely fashion is that the best opportunity is to take action and call the Police or Guardia Civil when the initial break-in occurs or within 48 hours of the intrusion, after this time it is likely that the case will have to go through the courts, a long and drawn out procedure which of course the okupas know well, it may also be a Police requirement that the property owner lodge a crime report or denuncia within the first 48 hours, unfortunately in the absence of Community of Owners on Camposol where the Community administrator would have up to date contact details for absent or holiday homeowners and act accordingly, targeted properties are left with neighbours scrambling round trying to locate a phone number to alert the owner and in many cases no number is readily available and the 48 hours run out resulting in the legal rights swinging in the Okupas favour.

The Regional authority can be alerted on alertaokupa@carm.es more information in the “Regional” section.

Here is a link to a Spanish Property Insight article on the subject:-

https://www.spanishpropertyinsight.com/squatters-in-spain/#:~:text=The%20Spanish%20system%20protects%20squatters%20over%20property%20owners&text=If%20you%20own%20a%20holiday,big%20problem%20on%20your%20hands.&text=They%20will%20get%20squatters%27%20rights,years%2C%20to%20have%20them%20evicted.


Reporting Squatters.

Address for reporting squatters. alertaokupa@carm.es


REGIONAL HEALTH AUTHORITY INSTRUCTIONS FOR PEOPLE WHO ARE NOT REGISTERED ON THE SPANISH HEALTHCARE SYSTEM AND HAVE PRIVATE HEALTH ASSISTANCE ETC

Translation

COVID-19 VACCINATION OF UNREGISTERED PEOPLE RESIDING IN THE REGION OF MURCIA

C. – Foreigners residing in the region:

Foreigners who currently qualify for an assigned doctor must regularise their situation in the Health Area that corresponds to them as residents, if their stay in the Region is longer than 6 months.

Foreigners who do not currently qualify to be registered with Spanish Healthcare as residents must request to be vaccinated and for this a web link will be provided to request the vaccination/s (see below) through the Murcia Health Authority, an information telephone number is available 900 12 12 12. In all cases, the location where the vaccination will be administered will be dependent on the information contained on the individuals registered place of residence (Padrón) and later assignment of a doctor in the relevant health centre.

People who do not have an assigned doctor, on the day of vaccination must present European health card and passport/identity document and Padrón or document proving that they are residing in the Region of Murcia.

The Vaccination request can be found and completed on the link:- https://portalsalud.carm.es/portalsalud/principal/inicio#extranjeros

The boxes equate to:- Nombre – First name, Apellido 1/2 – First/second surname, DNI/NIF/NIE/PAS – NIE number, F. Nacimiento – Date of birth, Nº teléfono español – Spanish telephone number, Email – Email address, Tipo Via – type of street (dropdown list), in most cases on Camposol Calle or Avenida, Domicilio – Name of street and urbanisation, Numero – House/plot number, Poblacion – Town (Dropdown list) MAZARRON, C.P – Post Code (Camposol, 30875), T.S. Europea o documento similar – Active European Health Card or similar, Observaciones – Notes where applicable (in Spanish)

When completed in full click on “Guardar Cambios” to request the vaccination/s.

When your vaccination appointment is available you will be contacted on the Spanish telephone number you have registered (it may be some months), DO NOT Phone or visit the Camposol Consultorio to register or make enquries,


Reader’s questions in response to the “Internal (Private) Roads & Community of Owners, Camposol – Q&A” posting:-

Q – What happens if an owner does not or refuses to pay the community fees? 

A – It should be remembered that once the community fees are agreed at an AGM they are legally binding through the Horizontal Property Act, all owners are liable this includes banks, liquidation agents etc, the consequences of non-payment are the same as defaulting on any legally enforceable utility (Electricity, Water etc), ongoing default could result in interest being accrued on the outstanding amount, further default would risk an embargo (lien or charge) on the property, in extreme cases continued refusal to pay could result in application through the Courts for the public auction of the property involved and all fees, costs and commissions recovered from the proceedings of the auction, even if the property is sold by the owner the Community is still able to claim up to 3 years arrears from the sale procedure, other avenues are also available to the community such as an application to cut off water and/or electricity, all such sanctions are set out in the Horizontal Law of property. 

Q – How can payment of community fees be obtained from abandoned or never lived in properties? 

A – All properties have an owner(s) whether it is private individual(s), a company, bank in the case of repossession or bankruptcy receiver, all are liable for community fees, the Community Administrator can obtain the owners details by acquiring a “Nota Simple” (Property Report) from the Mazarrón Registro de la Propiedad (Register of Property Owners).

Q – Can a Community of Owners take any action against properties or gardens that are in a state of disrepair? 

A – If approved by the Community of Owners AGM or EGM a bylaw can be entered where an offending property owner is notified that if the situation is not rectified within a stipulated period of time, the community administrator will appoint contractors to carry out the work and the resulting expenditure invoiced to the property in question.

Q – Why was there no mention of Community of Owners when we bought the property? 

This maybe a cultural anomaly, although not as common in the UK, in Spain along with most of Western Europe and North America Communities are the norm and property buyers expect to be part of one when purchasing in a new or relatively new multi dwelling development and the community fees are part of normal household overheads like water, electricity, council tax bills etc, it seems in the early days of Camposol, some buyers were told that payment into a local fund would be due, but this came to be regarded as a negative sales point and not broached unless queried by the potential buyer and even then there are Local and area Estate agents who bear some responsibility in not being totally honest with purchasers regarding Community of Owners. They divulge little if anything regarding this issue. Preferring to hide behind the fact that the contract they offer is between buyer and seller. Caveat Emptor.


Internal (Private) Roads & Community of Owners, Camposol – Q&A

Q – What are “Private” Roads?

A – Camposol was planned and constructed along with thousands of other urbanisations in Spain according to the Horizontal Property Act where the developer planned the urbanisation in parcels or poligonos consisting of groups of houses numbering from around a dozen to over 200 properties depending on individual plot sizes and shapes, to attain planning approval the developer has to construct public road access to and around the perimeter of these groups of houses or poligono’s, these access/perimeter roads become the property and responsibility of Mazarrón Council, the roads inside the group or poligono being internal roads are classed under the Property Act as private and are the communal property and responsibility of all the property owners in the Poligono, these would be managed and funded by a Community of Owners.

Q – What is a Community of owners?

A – A Community of Owners (Comunidad de Propietarios) is the means by which the internal roads and communal elements of each poligono are illuminated, maintained, cleaned, repaired etc. in Camposol’s case this would usually consist of the internal roads, lighting, service supplies and insurance, although some poligonos have communal swimming pools and terraced areas.

Q – Do all poligono’s in Camposol have internal (private) roads?

A – Apart from 6 or 7 poligonos on A sector who because of the number of houses and size of poligono don’t need internal roads, yes all the developed poligonos have at least one internal road.

Q – Can the poligono layouts and sizes be changed so there are no internal roads?

A – No, the submitted plans would have had to comply with the Act and once approved by municipal and regional authorities and registered as constructed by the developer the project is finished and cannot be modified.

Q – Why is it necessary to have a Community of owners?

A – It is the law of the land and referenced in each property Escritura (Deeds) although no two escrituras are the same all will mention that the buyer declares that they have knowledge and accept the rules/statues of the Community of Owners, there is also mention of the “division horizontal” which refers to the format of the Master Deed that lays out the legal situation of each poligono and is registered with the Mazarrón Registro de la Propiedad (Register of Property Owners), signing the Escritura confirms you are accepting the contents of the individual deeds and the Master Deeds (Escritura de obras nueva y division horizontal).

Q – What have I signed for in agreeing to the Master Deeds?

A – The “Escritura de obras nueva y division horizontal” (Master Deeds) vary as with individual deeds, but lay down the obligations of each property owner, the usual format is a breakdown of each individual plot size/position and it’s pro rata (cuota) contribution to the funding of the poligono Community’s expenditure and a description of the internal and communal elements here is a translated example of relevant excerpts from a Camposol Master deed:-

“The total area occupied by the plots described is twenty-six thousand nine hundred thirty-four square metres, the interior roads that cross the entire poligono from East to West occupying an area of two thousand five hundred and forty-six square metres”

“All owners will contribute in the form and proportion determined, to the common expenses for the conservation, ordinary and extraordinary repair, administration and maintenance of the poligono

As for the common elements, the following are listed among others: the street lamps, traffic signs, general and common water installations, electricity and telephone installations, including above ground and underground accessory elements and whatever is necessary for the common use and use of the owners and those that may be established or promoted in the future and in general all supply networks: on the surface, the air and underground accessing private, individual and exclusive properties, corresponds only and respectively to them, so that they can be effected.”

Q – Do the internal roads have to be completed before homeowners become responsible for them?

A – No, the internal roads and communal elements and installations became the responsibility of the poligono homeowners and potential homeowners when the first home owner on each poligono took possession of their property from the developer, the usual procedure would have been for the Community of Owners for each poligono referred to in the individual property deeds to have been formalised and initiated as the communal roads and elements came into use, failure to complete the internal roads and installations would be a breach of contract between the property purchasers and developer and could have been actionable by individual purchasers or the Community of Owners.

Q – Are homeowners compelled to initiate their Community of Owners?

A – If every homeowner within a poligono does not wish to initiate the Community of Owners it is their choice, but they cannot expect street lighting, cleaning services, maintenance/repair etc unless it is paid for privately, another important element of a Community of owners is insurance against damage and/or personal injury, without this all homeowners within the poligono would be liable for any incident in the communal roads/areas, there is also the case that without cleaning and maintenance the poligono will slowly deteriorate which could adversely affect property values.

Q – How does a person create a Community of owners?

A – The Community of Owners for each poligono is already created as described in the Master deeds, to initiate its function only requires a single or group of owners to call the first AGM (Annual General Meeting), although in practice an Administrador De Fincas (Property Administrator) would be usually be approached to organise the legalities.

Q – Is it expensive?

A – As most Camposol poligonos only have roads and water/electric/telephone services to provide for the cost is relatively inexpensive compared to some developments with more facilities (communal swimming pools, gardens, sports facilities etc), quotes have been provided by Property administrators of between 10 and 20 euros per property per month after an initial setting up fee of approx. 100 euros per property, obviously if owners were able and wanted to self-administrate the cost would be reduced .

Q – As Mazarrón Council dismissed Justo y Manoli (MASA) as developer in 2011 the Council should finish the construction of the private roads?

A – The developer MASA had already abandoned the site when the Council dismissed them as developer, the private roads are internal elements of poligonos and as such are included in the deeds of each individual escritura, Mazarrón Council’s contract with MASA was for the construction of the public roads only, individual property purchasers had no contract either directly or indirectly

with the Council for the construction or completion of private roads this was a breach of contract between the house purchasers and the vendor (MASA).

Q – In 2011 it was also said that the “Entity” was being removed by Mazarrón Council does that mean the Community of Owners have been removed?

A – No, a Community of Owners covers communal facilities that are wholly owned by the Community members, the Council has no jurisdiction over a Community of Owners, an Entity whether it is a Conservation Entity or a Collaboration Entity would be used to manage and/or fund facilities that were fully or partially owned by a third party, parks, gardens, sports facilities etc, the third party would usually be a local Council who could collect any funds in addition to IBI and control the entities management. Mazarrón Council do not have any Entity arrangements in Camposol all municipal facilities are funded and managed fully by the Council.

These Q&As have been compiled after researching individual and master deeds and consultation with a lawyer and property administrator, if you have a question please send it using the “Contact Us” section and we will endeavour to supply an answer.


A Sector Street Lighting Problems

Further to postings in the “Local Council” section “Street Lighting” and “Why don’t all the street lights work?”

Council technicians including a relatively new supervisor have encountered a concerning series of findings when responding to reports of streetlight outages on Sector A over the last 3 or so months, some of these were covered, including photographs in the previous article “Street Lighting”, it seems that cabling is being stolen or vandalised in a serial fashion, here is a catalogue of the technician’s discoveries

16/10/2020 cables damaged in Calle Andalucia and Saladillo

19/11/2020 cable missing (no record if they were ever installed or if they were stolen) on roundabouts both sides of the bridge over the RM3

20/11/2020 cables cut and damaged in Calle Ciudades Españolas travelling through RU1, RU2 and RU3, plus remnants of approximately 100m of cables cut and burned were found lying on the pavement at the corner of Calle Barcelona and Calle Ciudades Españolas,

4/12/2020 remnants of cables serving parts of RU18 and RU23 were found burned and left on the pavement, on the same day cables serving Calles Pamplona, Logroño and Avila had also been found cut and damaged

1/2/2121 cables serving RU13, Calles Madrid and Toledo were found cut and damaged.

Camposol’s street lighting saga is well known and these events are adding to an already serious problem as repairs and replacements to this sort and scale of damage are not possible in the short to medium term, anyone witnessing unrecognised or unmarked persons or vehicles tampering with lighting or electrical equipment should phone the Police on 112 giving details of location and any identifying evidence, (vehicle reg number etc.).


DOGS ON BEACHES

The following question has been submitted by a Crusader reader

I’m seeing a lot of posts on FB (Facebook), asking what are the rules re dogs on beaches. Many are arguing that all the beaches are free for dogs to use during the winter months. Others say only designated beaches.

Do you know what is correct?

THE FACTS

In the Municipality of Mazarrón there are some 34 Beaches, 3 are designated to permit dog access, Playa de las Cobaticas (Cobaticas Beach), Playa de las Moreras (Las Moreras Beach) and Playa de El Gachero (El Gachero Beach), dogs are allowed on these beaches year round, there is also a code of conduct that has to be adhered to, dogs are not allowed on any of the other beaches in the municipality at any time including the winter months, anyone reported allowing their dog on one of these beaches can expect a fine, for more information on the Canine Beaches and other dog friendly details below is a link to a Council information Brochure in Spanish and English, the above information has been verified by the Mazarrón Councillor for Servicios del Litoral (Coastal Services). http://www.mazarron.es/opencms/export/sites/mazarron/es/servicios-del-litoral/.content/documentos/Triptico-Playas-Caninas-Cast-Eng-2019.pdf

Have you heard a Rumour?

Why not ask Camposol Fact Crusader to Fact check any questions you may have? Just click on the Contact us Page.


FREE HOUSES – FREE HOUSES – RUMOUR BUSTER

Here is a titbit of misinformation that ranks right up there with drinking bleach or fish tank cleaner cures COVID

It has been reported on Social Media that the Romanian group that are seen begging outside Consum on a daily basis and have been squatting in a commercial unit on the lower level of the commercial centre have been given a house on Camposol Sector D by Mazarrón Council… unbelievable of course, but when it reaches the pages of social media the story takes on a life of its own, so how much veracity can be attached to the report, which should ideally have started “Once upon a time” let’s look at the issue logically and realistically.

Firstly, according to the Mazarrón Council property inventory the Council do not own or have any rental contracts for any dwelling on Sector D or anywhere else in Camposol,

Secondly, the Romanian group are registered on the padron in Totana so cannot be attended to by Mazarrón Council or Mazarrón Social Services, they could return to Totana where the social services would give them the assistance they require but have chosen not to because as one of the group states they receive so much from Camposol people.

Thirdly, according to reports from Mazarrón Council, 2 of the Romanian group claim to have signed a contract to rent a property for 350€ per month, although neither Mazarrón Council or Social Services have had sight of the contract after numerous requests and the address of the property is unknown.

It should also be pointed out that the group have stated that they will continue to be stationed outside Consum, even though customers struggle with social distancing when entering and leaving the store, which has lead to some customers choosing to shop elsewhere because of that reason and a feeling of intimidation, it should also be pointed out that children have been seen with members of the group while begging, this is a contravention of the Spanish criminal code article 232.1 which states: Those who use or provide minors or people with disabilities in need of special protection for the practice of begging, even if it is covertly, will be punished by imprisonment from six months to one year. The police have also informed the parents that it is their legal responsibility to ensure all the children attend the school/college where they are enrolled in Totana.

From Mazarrón Council “Mazarrón Social services, the Police and the Councillor for Camposol are working within the perimeters of the law to find a solution to this unfortunate problem”.


Pig Farm Traffic Prohibited

For many years the Torrecilla pig farm to the north of C Sector North has used the roads of Camposol as access to the RM-3 motorway, there was a period where a lull in the amount of HGV traffic was witnessed when the farm owner at the time agreed to use an alternative route to the Cañada del Romero road, but in recent years with a new owner the traffic returned with a vengeance causing not only noise and odour nuisance to homeowners near the access gate on Calle Retama, sometimes starting at 6am in the morning, but excessive wear and damage to roads on the perimeter of C Sector North and other roads on the route including the precarious bridge between Sectors B and C

The amount of heavy traffic to and from the farm seemed unrelenting and included articulated livestock lorries ladened with pigs, daily feed deliveries, waste removal and the dreaded “Carcass” lorry the smell from which was described by one local home owner as “Evil even through triple glazed windows”.

In early 2020 residents from Calle Retama and Calle Embalse del Judio approached Camposol Councillor Silvana Buxton with their concerns and meetings were arranged with the farm owner, Councillors and the presidents and members of the C10 and C6 Communities of Owners, unfortunately the farm owner claimed that the route through Camposol was the only option as other routes including the Cañada del Romero road had become impassable after storm damage, the Council offered to make an alternative track to the north of the farm with an earth mover, but the owner said that was not acceptable and the Camposol route was the only route available although whether this claim was viable or merely justification for using Camposol as a short cut is debatable, but without supporting documentation the police could not prevent the farm’s continued use of the urbanisations roads and that seemed to be the end of the story.

However, in early January 2021 an eagle eyed Camposol Fact Crusader contributor spotted in Regional Government documents that the farm was applying to renew its licence and a 20 day window was available to lodge concerns or objections, this information was passed on to The Councillor for Camposol and the Presidents of C10 and C6 Communities and after a joint concerted effort by the Councillor, C10 and C6 Communities administrator and the head of Mazarrón Council’s Environmental department the following clause has been incorporated in the farm’s operating licence

Se prohíbe el acceso de vehículos a la explotación porcina a través de la Urbanización Camposol.

Translation:

Vehicles are prohibited from accessing pig farm through the Camposol Urbanization.

This stipulation is not negotiable and Camposol homeowners can look forward to a more peaceful and fragrant future and less wear and tear on the urbanisations infrastructure.


Warning for Cars with UK registration plates 

As BREXIT begins to bite, changes in the law are now being enforced, in addition to the GB sticker regulations posted earlier on this site, Police are now enforcing the laws corresponding to vehicles bearing UK registration plates, on 20th January the Local Police visited Camposol and issued 11 fines and further action warnings for cars with UK plates having been in Spain for longer than 6 months, the UK Government website contains the following advice:-

If you register as a resident or spend longer than 6 months of the year in Spain, you must register your vehicle with the Spanish authorities and you may need to pay some taxes. 


OMBUDSMAN – DEFENSOR del PUEBLO

Following the publication earlier this year of the reply from the Defensor del Pueblo (Ombudsman) to the CRA application, in which the reply contained comments such as – “abundant documentation” – “various issues that appear mixed and unrelated” – “Therefore, it is not possible to determine what your problem really is” – “you must state clearly what is why you are addressing this institution”, a Crusader contributor has submitted a lucid history and more focused question to the Ombudsman.

After describing the situation and explaining the abandonment of the urbanisation by the developer Justo y Manoli SL (Grupo MASA), the subsequent dismissal of said developer by Mazarrón Council (including a copy of Mayor Blaya Blaya’s letter dated Feb 2011) and the Horizontal Property Act/Community of Owners situation as contained in individual property escrituras (deeds) the following question was put forward

“Considering that the Constructor Justo y Manoli SL is bankrupt and no longer exists and the bank guarantees are currently not available, is the completion and ongoing maintenance for the internal roads the responsibility of the home owners or Mazarrón Council?”

In the Ombudsman’s reply, after the general terms and conditions including the point that rulings can only be given on current infringements by public administrations, the following translated observations were laid out (2 of the points were also partially mentioned in the reply to the CRA):-

Without prejudice to the above, and although this institution does not know what the urban planning situation is of the Camposol urbanization, much less what its legal organization is, you should take into account the following observations:

1.- The urban conservation entities are collaborating entities of urban administration, are mandatory when the Plan or a legal provision attribute to the owners of a poligono or working unit the duty to maintain and conserve the urbanization. Regarding their legal nature, they are groups of persons associated for some specific purpose, in this case the maintenance works of the urbanization. They have a special characteristic that distinguishes them from other corporations, which the legal system has conferred on them as attributions through the technique of “self-administration” in the exercise of public powers, administrative powers to be exercised over its own members. Therefore, if the plan determines in this case the mandatory constitution of an entity, then they must, the owners, establish it and assume the maintenance and conservation of the urbanization works once they are completed.

2. In general, the transfer of urbanization works once the same have been completed, is a question that for various reasons has been a common source of difficulties and conflicts of all kinds. Very often, municipalities resist adopting urbanization works as the step of their formal adoption assumes the transfer to them of the duties of maintenance of the same, duties whose compliance generates expenses that councils are unable to afford, especially in small municipalities. From the moment the local administration adopts the urbanization works, after urban execution, it is responsible for them for all purposes.

Indeed, the end of any urbanization process must be the transfer of the works to the corresponding urban administration, after its execution in accordance with the planning and the urbanization project. Now, note that the local administration can only receive the urbanization works when it considers that the same are in fair condition. The town council cannot ignore the planning regulations when deciding whether to adopt the works or not. It is not a discretionary power, rather

it is a requirement that it must comply with the law, that is, that the executed planning elements are fully and adequately urbanized in accordance with approved projects and later the works of urbanization provided that these are executed satisfactorily.

In short, Mazarrón Town Council cannot adopt the works of the development as long as you, the owners, do not finish them completely. The urban management must require them to fulfil the legal duties of assignment, equi-distribution and urbanization, as a necessary assumption for the exercise of the rights. Only then can the works be adopted and the planning process completed.

3. Regarding the allegedly failed performance of the company promoting the urbanization works, you are informed that, in accordance with the provisions of the Organic Law 3/1981, of April 6, this institution is not able to intervene with private businesses. These disagreements are framed in the relationship between property sellers and property buyers, a relationship that belongs to the legal-private sphere, and that, therefore, it is outside the powers of this institution. The possible responsibilities that a private company may have incurred in the development of their activity, must be demanded by the affected parties themselves before the ordinary courts of Justice if an amicable agreement between the parties is not possible, outside this institution those affected can undertake actions of any kind that they see fit for the defence of their interests.

4. Public roads, public green areas, free spaces of the same character and public facilities are owned by the town council or the administration, but never by the homeowners who, at most, are obliged to maintain them, to the extent that they are part of the urbanization works. A record must be drawn up of this delivery to the town hall. In planning and in the urbanization project, they must include public roads and public green areas and public allocations or equipment. The roads that access the urbanization and the free spaces for common use of all will always be public.

Furthermore, in urbanizations where determined, as seems to be the case here, there are other elements complementary to those (above), such as the streets for private use, private green and recreational areas, swimming pools, etc., reserved for the urbanisation homeowners and that are part of the common hold elements in a regime of horizontal property (Horizontal Property Act). All these elements must be shown in the Property Registry for full effectiveness and clarity of situation.

Finally, as has already been said, there is very little information that this institution has about the Camposol urbanization, so it must be insisted on that these indications are merely indicative. Therefore, it is suggested to go to Mazarrón Town Hall, where they can provide you with an adequate and more complete information about the questions and doubts raised.

As was previously pointed out these are not rulings but solely observations and while this may not be welcome news it does provide an unbiased official insight into Camposol’s problems and in an indirect way highlights the fact that Mazarrón Council has adopted the public roads and areas for services without insisting that the homeowners complete the public infrastructure first as referred to in points 1 and 2, although the urbanisation’s adoption in 2014 was via a Governing Board (Junta de Gobierno) motion not in a full Pleno, whether this is significant remains to be seen, the Ombudsman also points out the position with regard to the regime of horizontal property (Horizontal Property Act – Community of Owners).


Fiesta Days for 2021 

The following are holiday days when commercial and administrative establishments may be closed;

January 1 – New Year’s Day

January 6 – Three Kings

March, 19 – Saint Joseph Day

April 1 – Holy Thursday

April 2 – Holy Friday (Good Friday)

May 1 – Labour Day

June 9 – Murcia Region Day

October 12 – National Holiday of Spain

November 1 – All Saints Day

6th of December – Spanish Constitution Day

December 8 – Day of the Immaculate Conception

December 25 – Christmas Day

At the local level for Mazarrón Municipality the holidays are:

June 14 – Saint Antonio Day (replaces 13th which falls on a Sunday)

November 17 –  Mazarrón Holiday