The pool at El Mirador

The Community Administrator Comunidades OCSI who are based in Cabo Roig, along with their solicitors Trino Cámara and Carlos Valls, have recently won a court case in favour of their clients, the Community of Owners El Mirador de Los Altos in Orihuela Costa, against the Torrevieja construction company Promoplus Internacional SA, for breach of contract.

As a result of the judgement the company have been ordered to pay compensation to the 200 owners of 4.5€ million

The problem goes back many years to when the urbanisaton was first built by the Torrevieja constructor, who claimed at the time that the purchase of a property on the urbanisation included a share in the ownership of the communal green areas and the pool.   Unfortunately this had never been the case as the facilities were actually constructed on municipal land belonging to the Orihuela Council.

In reaching its judgement the court stated that all promotional material distributed by the builder to potential purchasers also included a statement regarding pool and communal area ownership but the assertion was completely untrue and this had never been the case.

The owners also stressed they had understood the prices paid for each of their properties included shared ownership of these communal areas which, as the nearest beach was some distance from the urbanization, were a critical part of each property purchase. 

The judge said that the situation allowed that the property owners could only be compensated financially as the courts had no authority to apply any other resolution. The pool and the green areas were still in the ownership of the municipal authority which they had no mandate to change.  

On receiving the court judgment administrators  OCSI have now said that they intend to approach the council with a view to forming and agreement that would allow it at least to attribute exclusive use of the pool to the owners within the complex.

OCSI are located along Cabo Roig strip. Office: C/. Mar, 13. Edif. Faro, 2º B. 03189 Orihuela Costa (Alicante). Tel.: (0034) 96 532 24 50 / Fax: (0034) 96 532 28 58

E-mail: ocsi@ocsi.es