AUAN, 18th May 2015
Home owners associations campaigning to provide more protection to people buying property in Spain received a setback on May 5th when the Justice Commission of the Spanish Senate vetoed their proposal to change article 34 of the Ley Hipotecaria to afford greater protection to those who purchase a property with a clean bill of health from the Land Registry only to later discover that the property has a planning issue or is the subject of a demolition order.
The associations are now appealing directly to the Senators to ignore the position adopted by the Justice Commission and to vote in favour of the change on the 25th of May.
AMA, the association of mainly Spanish home owner’s from Cantabria has joined with the British associations AUAN and SOHA to support this campaign and AMA’s president, Antonio Vilela Fernández, has written the following open letter to all members of the Senate pleading for their support.
Dear Senator:
We are writing to you respectfully and do not wish to waste your time, but we are convinced of the necessity for legislative change in order to protect purchasers in good faith. Our association has spent more than 10 years working for more just laws to protect citizens from the abuses of promoters, constructors…and our own administrations.
We believe that these legal changes are necessary to give legal security to everyone, so that the penalty for misdeeds is not paid by innocent families and so that we do not destroy the lives of people who are simply working to have a future.
Ladies and gentlemen, we assure you that we know what we are talking about. Our association is composed of families who have suffered decades of continued mistreatment from public administrations, town halls, the regional government and even from judgements of the courts. For many years our families, who committed no crime and who bear no responsibility, have had to endure a life sentence, which is the case when you are aware of the pending demolition of your home, through no fault of their own.
Currently, the Government of Cantabria and the Town Halls, via a resolution of the Parliament of Cantabria, have apologized to our families. The justice system has condemned the Administrations to pay moral damages to the families and the Government of Cantabria is making agreements with families whereby it assumes responsibility for the damage caused. **This road is not easy and there is still far to go for justice. We cannot punish good citizens without an end in sight and still comply with all legal and ethical precepts.
We have a serious problem. AMA has denounced this problem and has repeatedly called on regional, state and even European institutions for legislative changes to put an end to the uncertainty and gaps in our legal system which affect legal security at such an important moment as the purchase of a house.
Some changes have been achieved with changes to the law at both a regional level via Law 2/2011 of the 4th April of the Parliament of Cantabria ** and in Congress and recently in the Senate with the modification of article 319.3 of the Penal Code. But unfortunately these changes are not enough, and the problem is not resolved, given that anyone can currently buy a house that is perfectly inscribed in the Property Register without any hint of a problem and yet, this house can be illegal and this person is not protected by the Property Register.
This creates an issue of legal insecurity that this proposed initiative serves to resolve, given that a third party who acts in good faith has the right to rely on the legality of a construction or work inscribed in the Register. The current lack of security has produced enough damage and suffering, as we have explained, but the repercussions are also international for people of other nationalities who have purchased registered houses and become trapped in a serious problem with their ** life savings held to ransom, something nobody can understand, whatever their nationality.
Therefore we take the liberty of asking you to seek comprehensive solutions, for all citizens, so that no one has to suffer the injustice that our families have suffered, because of legislation that has serious gaps in important moments such as the purchase of a family home.
Many associations such as AMA,AUAN,SOHA, CALU, FAUN, as well as other diverse groups and citizens have given their support, continuing to rely on the good work of the Senators and we appeal to your good sense to achieve improved legislation for something so important to everyone.
We thank you for your attention and the time you have given us. We hope that your good work will bring solutions, if possible, with the modification of article 34 of the Ley Hipotecaria. With kind regards from the thousands of families who are hoping for the solutions requested.
The associations tell us that they hope that the amendment will be approved by a Senate Vote which takes place on the 25th of May.
Antonio Vilela Fernández
Presidente de AMA
Filed under: http://www.theleader.info/article/47341/
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