http://belegal.com/forums/ This is a discussion forum powered by vBulletin. To find out about vBulletin, go to http://www.vbulletin.com/ . en Fri, 18 May 2012 01:27:40 GMT vBulletin 60 http://belegal.com/forums/images/misc/rss.png http://belegal.com/forums/ http://belegal.com/forums/showthread.php?4255-bail-conditions-HELP-!!&goto=newpost Thu, 17 May 2012 10:50:43 GMT Hi , my brother got arrested 4 or 5 years ago for a fight in street but he was not the person the police were looking for but he was arrested for it... Hi , my brother got arrested 4 or 5 years ago for a fight in street but he was not the person the police were looking for but he was arrested for it he went to court and had a rushed hearing he could not state anything he says and not speaking spanish he was unable to understand despite a co called interpeter being there he was ordered to sign at court 2 times a month and the police took his pass port he complied for 2 years and then managed to leave spain , what is his position now can he be re arrested or arrested in another european countries as has happened to others any help most appreciated ]]> General Discussion GLESGABHOY http://belegal.com/forums/showthread.php?4255-bail-conditions-HELP-!! http://belegal.com/forums/showthread.php?4254-Italy-portugal-and-spain-nationality.&goto=newpost Mon, 14 May 2012 16:10:01 GMT Hello , As we know that portugal has changed its nationality law and now , any foreigner can apply for nationality after 6 years of legal residence.... Hello ,
As we know that portugal has changed its nationality law and now , any foreigner can apply for nationality after 6 years of legal residence. Italy is also about to change its nationality law allowing foreigners to get citizenship after 5 years . Here is the detail

http://www.theafricanews.com/immigra...arliament.html

Is their any chance that Spain will also change its law ? (e.g reducing the number of years etc..) ]]> Immigration Unregistered http://belegal.com/forums/showthread.php?4254-Italy-portugal-and-spain-nationality. http://belegal.com/forums/showthread.php?4253-New-rules-for-residency-in-Spain&goto=newpost Sun, 13 May 2012 19:36:51 GMT Hi there all, first post on the forum for me, my husband, who is American and I, a British citizen, have just moved to Spain, he receives a small... Hi there all, first post on the forum for me, my husband, who is American and I, a British citizen, have just moved to Spain, he receives a small pension from America as he is visually impaired and we did lots of research before we came here and asked lots of questions but didnt find out until the day we got here that 3 weeks ago Spain has changed the rules on gaining residency and now you have to prove an income of 432 euros per person and have private health insurance in place or they will not give you the residency certificate, our income is 67 euros less than the required amount per month and the employment situation in Spain is very bad at the moment so I was wondering if anyone knows whether they will be really strict about the amount and whether they will take savings into account?

Thankyou to anyone who can help ]]> Immigration purpleflower http://belegal.com/forums/showthread.php?4253-New-rules-for-residency-in-Spain http://belegal.com/forums/showthread.php?4251-Misuse-of-Proxy-Votes&goto=newpost Fri, 11 May 2012 16:52:46 GMT I tried to send a PM to another Forum Member (Patricia) on this subject, but being new to the Forum it won't let me until I reach 15 Posts (which I find an Odd Rule as we don't have it on a another Forum that I am a Moderator on). On to the question >

To obtain the necessary 50% + 1 number of owners to register as the sole official Letting Agency with the Tourist Board on our Complex, a sufficient number of owners signed up with a new Lettings Company a few years ago to allow them to do this. (The previous Lettings Company were not paying owners all their dues).
However in the small print (in Spanish) and which most people didn't notice, was the line that the Lettings Company could use the Votes of any owners registered with them who didn't send in their own individual votes at an AGM.

When this was spotted and pointed out the primary owner of the Lettings Company said she would have the sentance removed and would never use the clause, but at this years AGM this person did use the votes of everyone who had not sent in their own vote to try and get their own preferred candidate elected as President (a friend of the owners of of the Lettings Company who only stood from the floor at the AGM immediately prior to the vote and had kept quiet about doing so beforehand).

The vast majority of other owners at the AGM voted to re-elect the previous President, and were disgusted to say the least with the tactics of the Lettings Company and their friends. The vote ended up being very close, as the Lettings Company registered almost as many votes as everyone else in the room put together.
The individual with the most votes was a 3rd shareholder in the Lettings Company, and she was not even an owner, and didn't even live on the Complex, but registered over 50 proxy votes by using those of owners who were registered with them but had sent in a "blank" proxy form after (secretly) being contacted and asked to do so just prior to the AGM.

Many of the owners who sent in "blank" proxies, or didn't send in a vote where shocked when they found out afterwards what had happened, assuming that the only Candidate listed in the Nomination papers that went out beforehand (the existing President) would automatically get in (which was why they didn't bother voting).

Since what happened came to light a lot of owners have sent in a form "rescinding" the right of the Lettings Company to use their vote (the Tourist Board say it is not a requirement of them granting a License). The only way the existing President was able to get re-elected was by refusing to accept (legally) some of the proxy votes that the Lettings Company were trying use which were those that hadn't been sent in - just the authorisation on the original forms signed which were lodged at the Tourist Board but were not brought to the AGM.

It is this that the Lettings Company is now challenging (through the Courts) as if they had been able to use those votes, the results of all the votes that took place would have been totally different! If the Lettings Company also had control of the Community Committee (which is what they want) they would have enormous power and could dictate to owners how they Let (those that do) and what they charge owners amongst other things.

I would like to hear anyone else's opinion on the above, as they may have experienced something similar. Should I put the above as a question to a Lawyer for his/her opinion?

Legal advice is already being sought in defending the case brought about by the Lettings Company, and Legal advice was sought previously that said the President was quite entitled to refuse proxies where there was no sight of the form or a signature.

Sorry for the length of this post.

Regards ]]> General Discussion Terry http://belegal.com/forums/showthread.php?4251-Misuse-of-Proxy-Votes http://belegal.com/forums/showthread.php?4250-Communidad-Fees-when-selling-a-flat.&goto=newpost Fri, 11 May 2012 10:25:59 GMT We are selling our flat in Barcelona. We have large bills to the communidad for major reforms and have agreed with the buyers to split the costs.... We are selling our flat in Barcelona. We have large bills to the communidad for major reforms and have agreed with the buyers to split the costs. When we asked for the final certificate, the management company said that they need to include and additional cost which has not yet been assessed (but was approved in 2009--another owner did structural reforms and the commuity agreed to pay). This amount has not yet been officially assessed but they say it needs to be included. Is this correct. The signing of deeds is on 29 May and the amount will not be officially placed on anyone else's bill by then. ]]> Unregistered http://belegal.com/forums/showthread.php?4250-Communidad-Fees-when-selling-a-flat. http://belegal.com/forums/showthread.php?4249-ATALAYA-DESARROLLOS-INMOBILIARIOS-SL-GRUPO-Q-re.-LA-ALMENARA-DEVELOPMENT-TARIFA&goto=newpost Wed, 09 May 2012 09:41:48 GMT Timeline: 18.05.2007 -Contract signed Timeline:

18.05.2007 -Contract signed ]]> Cancellation of Property Purchase Contracts Fergus Simpson http://belegal.com/forums/showthread.php?4249-ATALAYA-DESARROLLOS-INMOBILIARIOS-SL-GRUPO-Q-re.-LA-ALMENARA-DEVELOPMENT-TARIFA http://belegal.com/forums/showthread.php?4248-Communidad-Rules&goto=newpost Tue, 08 May 2012 15:56:20 GMT This is my first post on this Forum - so not sure if I am using the right Forum Section. Also, apologies if this or a similar question has been... This is my first post on this Forum - so not sure if I am using the right Forum Section.
Also, apologies if this or a similar question has been asked before.

My question relates to the Rules (Communidad Rules) that a Community can put in place for it's own protection and for owners to abide by.

At a recent EGM the vast majority of owners (we have over 300) voted to put in a place a new Rule that in essence says :-
“No current owner/shareholder in a major business on-site can put themselves up for Election as a Committee Member”.
The Rule was put forward to prevent a “conflict of interest” as we are an officially registered Tourist Complex, and the sole Lettings Company on site wanted control of the Community as well, ie. at least two of the three shareholders in the Lettings Company wanted to sit on Committee as well (as President and Vice-President if they could), as this would have given them enormous power.

The great majority of owners didn't want this – so voted in the new rule at an EGM last September. The predominant owner of the Lettings Company is now trying to get the EGM declared Null and Void, mainly so that the voting on the new Rule would then become invalid, and has issued a Court Summons to this effect, but the hearing has not yet taken place. The case this person is putting forward is that is against Human Rights Law to prevent someone standing for Committee for whatever reason.

:confused: as the Rule is not depriving anyone of putting themselves forward for Committee, just saying you have a choice – if you want to be on Committee – then relinquish your interest in the on-site business.

As it stands the Lettings Company can use the proxy votes of all owners who registered with them (50% + 1) if they don't vote themselves, and this is what they did at the latest AGM to try and oust the current Committee and vote themselves in instead. Most owners initially registered with the Lettings Company to allow them to get there 50%+ share some years ago, but the Company is now “high-jacking” the votes to give themselves a greater say – much to the disgust of the great majority of owners who attended the recent AGM. The right of the Lettings Company to use owners votes the way they have been is another issue which is currently being addressed in our Complex.

Apologies for the length of this post – but it is an important point – the Committee are already seeking advice from their own Lawyer, but a second or third opinion from anyone on here wouldn't go amiss.

Thankyou

Tdm ]]> General Discussion Terry http://belegal.com/forums/showthread.php?4248-Communidad-Rules http://belegal.com/forums/showthread.php?4247-Permanent-Residence-Card&goto=newpost Mon, 07 May 2012 16:18:40 GMT Hello I have got permanent residence card (Tarjeta de Residencia de LARGA DURACION) in Spain on the basis of my family ties. ( Familiar... Hello

I have got permanent residence card (Tarjeta de Residencia de LARGA DURACION) in Spain on the basis of my family ties. ( Familiar Regupurante) . But i am planning to move to BELGIUM because of some issues . My question is

Can i change this residence permit into Belgian one ?? I know that i can convert it into Tarjeta De Residencia CE ,which will allow me to work there .
But in case, if i completely want to transfer/convert it into Belgian residence permit , then is it possible ???


Thank YOu ]]> Immigration Unregistered http://belegal.com/forums/showthread.php?4247-Permanent-Residence-Card http://belegal.com/forums/showthread.php?4246-Spanish-passport-through-heritage&goto=newpost Sun, 06 May 2012 05:58:28 GMT I was wondering If I am eligible for a Spanish passport, my great grandfather was from Spain. Unfortunately I have no documenation at all. I am from... I was wondering If I am eligible for a Spanish passport, my great grandfather was from Spain. Unfortunately I have no documenation at all. I am from Mexico. I have one good friend in Spain who is studying to be a judge, I was wondering if there was anyway she could help me. Would going to college in Spain for four years qualify me for a residency permit, or Spanish citizenship? ]]> Immigration Unregistered http://belegal.com/forums/showthread.php?4246-Spanish-passport-through-heritage http://belegal.com/forums/showthread.php?4245-NEEDED*NOW-breaking-a-lease-period-1-month-earlier-due-to-NOISE-from-renovations!&goto=newpost Fri, 04 May 2012 14:29:06 GMT Hi there I want to ask, we are a couple, we rented a bungalow in Gran canaria via the Real estate agency - which provided us all formalities... Hi there

I want to ask, we are a couple, we rented a bungalow in Gran canaria via the Real estate agency - which provided us all formalities regarding the movin in (contract etc... our contract was signed for period of 6 months... we paid 1month deposit (€600 and also €600 to agency as their comission ..) all seemed good, bungalow seemed ok until one month have passed, and some huge renovation have taken a place in a bungalow just next to us (they are detached - so you can hear eveyrthin... hammering, hammer-drilling, chopping and everythin was happenening every day during week, since early morning till afternoon (you can understand people come here to have holidays, not to listen to constructions... we spoke with our real estate agent (as the owner dont speak english - and we dont speak spanish) and he contacted the neighbours about that - so they were starting not in the morning, but later about 12 noon... though after 3 months of that they finished and another renovation took place in bungalow just behind us (the same thing - hammering, drillin etc - you can here walls shakin just like before... we contacted the real estate agency again (been a month so far) and they advised to speak with the neighbours - though I said that I will not be talkin to some hired guys about that as they are paid for it and its the duty of our owner who rented us this bungalow... but apparently nobody cared since that... now it has been about 4 months and some week and we were offered a nice house in a very quiet area - with no neighbours etc... I contacted our real estate agency if there is somebody who would take our place here instead of us, and that I would like to move out after the period of 5 months - so its 1 month earlier - due to that noises that were here since we moved in (I even have a record on camcorder which I sent to them in HD format..( you realy coudlnt hear your voice or even stay in here... )
Though the agency told us, that after they find someone, they will let us know...

Now, I understand that its probably not a typical case of movin out earlier - but this bungalow is simply not for living as you cant stay in bedroom till later due to that refurbishing...

can somebody tell me, what rights do we have?? Do the owner have the right to forfeit the deposit? or not? I honestly am not sure if there is some sentence in the contract as its in spanish - about leaving earlier etc - but this situation and circumstances - isnt the law on my side and I simply can move out earlier without loosin deposit etc..??? I should be speakin with the owner tonight, so I would like to know what can I say or not...

EDIT: btw we gave the notice almost 2 motnhs in advance of ending the contract period (that we wnat to leave after 5months) ...all rent paid as should be etc never paid late etc .. though I have some concern that it wont be easy to find someone here as there are another bungalows of the similiar quality in this location for much less (its a" bungalow club" - we were kinda fooled by the price...

Please let me know As soon as you can somebody

Kind regards
Evelyn ]]> General Discussion evelyn http://belegal.com/forums/showthread.php?4245-NEEDED*NOW-breaking-a-lease-period-1-month-earlier-due-to-NOISE-from-renovations! http://belegal.com/forums/showthread.php?4244-End-of-Contract&goto=newpost Tue, 01 May 2012 18:37:40 GMT Hi My landlord has previously advised me that he would extend my contract, he has just been round and send the contact is up this week and wants us... Hi
My landlord has previously advised me that he would extend my contract, he has just been round and send the contact is up this week and wants us out,
Where do i stand legally as he said he would get the police around. ]]> Landlord / Tenant Issues Tenant84 http://belegal.com/forums/showthread.php?4244-End-of-Contract http://belegal.com/forums/showthread.php?4243-1099-MISC-Employees&goto=newpost Mon, 30 Apr 2012 14:11:40 GMT Has anyone had to file paperwork for employees that worked in the US? Maria Has anyone had to file paperwork for employees that worked in the US?

Maria ]]> Taxes Zubrickas http://belegal.com/forums/showthread.php?4243-1099-MISC-Employees http://belegal.com/forums/showthread.php?4242-Larga-Duracion-RESIDENCE-CARD&goto=newpost Fri, 27 Apr 2012 21:02:14 GMT Hello I have got permanent residence card (Tarjeta de Residencia de LARGA DURACION) in Spain on the basis of my family ties. ( Familiar... Hello

I have got permanent residence card (Tarjeta de Residencia de LARGA DURACION) in Spain on the basis of my family ties. ( Familiar Regupurante) . But i am planning to move to BELGIUM because of some issues . My question is

Can i change this residence permit into Belgian one ?? I know that i can convert it into Tarjeta De Residencia CE ,which will allow me to work there .
But in case, if i completely want to transfer/convert it into Belgian residence permit , then is it possible ???


Thank YOu :) ]]> Immigration Unregistered http://belegal.com/forums/showthread.php?4242-Larga-Duracion-RESIDENCE-CARD http://belegal.com/forums/showthread.php?4241-US-citizen-Spanish-Descent-looking-to-apply-for-Spanish-passport&goto=newpost Wed, 25 Apr 2012 20:41:21 GMT Hello I wanted to apply for a Spanish passport and I am a US citizen. Here is my story I am on both sides descended from Spanish citizens of the... Hello I wanted to apply for a Spanish passport and I am a US citizen. Here is my story I am on both sides descended from Spanish citizens of the Crown. We are what are called Criollos we are the children of Spanish born citizens who were given Spanish land grants in the current US in the name of the king of Spain in Texas and New Mexico both side of my family are well documented. We never signed off renouncing our citizenship to Spain our family were loyalist to the Crown and fought an their behalf.

When Mexico took over the area we never signed off saying we were Mexican now, and when the Americans took over we never signed off either as our children and parents were given automatic status as Americans as they were born here for centuries prior to the Americans.

Also we have proven lines to the crown of Spain on both sides we are related to the Duke of Alburquerque and directly descended from the former king of Spain during the 1500's. So we are Infantes/Hidalgos as they were called in Castile..

We are also directly descended to the famed and doomed Carvajals they had escaped persecution in Spain by coming to the New World because they were related to the crown and served them well but had to escape the Inquisition. They came to the New Spain: Mexico , New Mexico and Texas set up haciendas, mines and were soon the wealthiest families in New Spain. They soon became the target of the Spanish Inquisition anyway in Mexico as they were Sephardi Jews Conversos. Most were viciously executed some were able to escape via New Mexico and Texas as they were banned from Mexico. It was said that no Carvajal was to ever step foot back in New Spain, Mexico City upon penalty of death.

Both sides of my family can be traced almost back to the same families some of our other relatives still live on the same Spanish land grants given to us by the Crown. We still speak Spanish we still identify ourselves as Spanish I guess my next question would be if : We never renounced the Spanish crown or our citizenship, we have proven documented lines and Spanish land grants to prove this, we were part of the expelling of Jews from Spain and SO BIG QUESTION :D Are we eligible for citizenship of Spain? Are we already citizens of Spain as you have to formally renounce your citizenship?

I'm at a complete loss... Any help would be greatly appreciated. Thank you so much for reading this :D ]]> Immigration Unregistered http://belegal.com/forums/showthread.php?4241-US-citizen-Spanish-Descent-looking-to-apply-for-Spanish-passport http://belegal.com/forums/showthread.php?4240-arraigo-social&goto=newpost Tue, 24 Apr 2012 17:18:43 GMT hola, my husband went for the interview of arraigo social with all the docs required.The lady who had to interview him said that u also need... hola,

my husband went for the interview of arraigo social with all the docs required.The lady who had to interview him said that u also need catalan certificate and u cannot be interviewed without that.my husband has castellano certificate and he can understand,speak and write it also.he also applied before for the arraigo social but his PCC got expired by the time he got his certificate of arraigo bczz they take more than 3 months now.we were not asked to provide it then.Is this a requirement now that u need to learn catalan as well?if not ,why didnt she cooperate?

Waitng for ur reply.
Gracias ]]> Immigration SUBHEJAMAL http://belegal.com/forums/showthread.php?4240-arraigo-social