I december 1999 ”leveredes” den første
brugsret af Playa Tropical til et af Club Andalucias medlemmer og siden gik det slag i slag, således at der i løbet af et par år blev oprettet mere end 300 brugsretter til 14-dages perioder alene til klubmedlemmer – derudover blev
der oprettet et for mig ukendt antal til andre.
(x): I de første kontrakter var det beløb man betalte for at få en brugsret benævnt
som et depositum, som man fik tilbage ved afståelse af brugsretten; men senere blev kontrakten ændret til, at beløbet var et engangsbeløb, som ikke refunderedes ved afståelse.
fuldstændighedens skyld skal det nævnes, at der senere opstod tvivl om lovligheden af den praktiserede ordning med det til følge, at man ophørte med at oprette brugsretter.
således, at ejerlejligheder med mangeårig gæld iflg. spansk lov skal/kan? sælges på auktion – det er åbenbart det, der er ved at ske nu.
Det vides, at der er blevet handlet
med brugsretter med stor fortjeneste til sælgeren til trods for, at det aldrig har været tilladt af ejerforeningen; en overdragelse af en brugsret med accept fra Playa Tropical har derimod kunnet finde sted.
Since there apparently is some uncertainty about the concept of "usufruct" - ie. right, on payment of a deposit or a lump sum to inhabit / use / hire a debt-encumbered condominium in Playa Tropical in one or more periods - I will here try
to bring a little light on the matter.
It all started in 1999 when Playa Tropicals economy was in such poor condition that there was no money for the most essential maintenance of buildings and equipment.
The reason was found to be for years non-payment
of administration fees of a large number of flat holders.
Board of Directors of Club Andalucia was in 1998 with the idea that if Playa Tropical to interested could sell a right to use / rent periods of several years of debt until the original owner might. show
up and by payment of his debts demanded his right to continue its ownership, then Playa Tropical's sick economy might be cured or at least improved - also by that there were then paid the annual and daily fees for the apartment.
The idea was presented
to the then administrator, Manuel Fernandez Rodriguez, who went ahead with the case and the result was that Playa Tropicals board adopted the following scheme:
That by paying a deposit you could acquire a usufruct.
The deposit was 50.000 ptas for a month.
That set up
a contract (x), which specifies the conditions for use of the apartment, including what would happen if the original deed having owner showed up and paid his debt: that if it was possible, you were offered another debt-encumbered apartment or at worst,
you would lose your usufruct and got your deposit (x) repaid.
In december 1999 "was supplied" the first usufruct to one of Club Andalucia Denmark members and since it folowd in rapid succession, so that in a couple of years there
was created more than 300 usufructs for 14-day periods only to club members – and additionally a for me unknown number for others.
(X): In the first contracts, the amount you paid to get a usufruct was known as a deposit, you would
get back if you gave up the usufruct, but later the contract was amended to specify that the amount was a lump sum which was not refundable.
For the sake of completeness, it should be mentioned that recent doubts over the legality of the practice
in question resulted in that we ceased to use to create usufructs.
It was reported so that condominiums with many years of debt acc.Spanish law should / can? be sold at auction - it is obvious what is happening now.
known that there have been traded usufructs with great profit to the seller, despite the fact that it never was allowed by Playa Tropical.