Carmenes del Mar

Website of the Communities of Property Owners in La Herradura, Granada

Court rules in favour of the residents of Carmenes del Mar

Sun, 09/11/2014 - 10:49 -- admin

The Court of First Instance number 12 of Granada has ruled in favour of the residents of the urbanisation Carmenes del Mar and has ordered all of those responsible for the construction of the urbanisation, jointly and severally, to repair it.

It will be those same defendants, eight in total, who must cover the entire cost of the repair works and any other actions deriving from expert reports and required by the legal process, according to the ruling handed down last Moday, the 3rd of November.

The residents of the more than 400 homes affected have declared themselves "very satisfied with the ruling".

They remain cautious, however, since the defendant have leave to appeal to the Provincial Court of Granada over the coming days. Because of this, they have asked the Central Governments's Andalucian representatives and the Almuñecar Town Hall for their continued support and to use all means at their disposal to ensure that the sentence is carried out.

The residents have reiterated that is the necessary to act immediately to prevent more damage to their houses, now that the rainy season is here.

The have also asked that the precautionary measures ordered by the same court carried out. The precautionary measures ordered that urgent repair and maintenance works be carried out to avoid the collapse of houses within the urbanisation, by means of a coordinated project carried out by government bodies and supervised by engineers contracted by Carmenes del Mar, or viceversa.

"We are very pleased with the judgement because it finds all of the defendant jointly and severally responsible, but the problem has still not been solved. We will continue to ask the government for all the help they can give us, independent of the judicial process, to carry out a repair project on the houses or at least that they actively participate in the development of the project, given that they have direct responsiblity for the common zones in the urbanisation", the spokespersons of the communities said.

With a sentence in their favour that recognises that there were "various instances of negligence, both in the construction and in the supervision of the construction", the neighbours of Carmenes del Mar also consider that now is the perfect time to restart talks with the Andalucian Regional Government to try to reach an agreement to solve the flaws in their houses and avoid the delays that they foresee will arise from the appeals process that must run before a final, executable sentence is obtained.

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