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Group Organisation
Only the basic organisation
is described here. Full details will be provided to serious
enquirers, as described under the purchase procedure. Please see
the note at the bottom about commercial shared ownership schemes
rather than private schemes like this one.
The group will be organised under a
comprehensive Members Agreement covering all aspects of its
operation. This will be provided initially in draft form and is
open to proposals for amendment by buyers if necessary. The title to the villa will be
divided equally between the five partners, and we recommend that
for private UK-domiciled buyers it be held in individual
names. The use of an offshore entity or a company, which has
been advantageous in the past, may no longer be advisable,
because of recent changes in both UK and Spanish legislation. We
recommend that individual buyers take legal advice on this subject
appropriate to their personal circumstances. The OwnerGroups
Company can recommend a number of suitable
firms with expertise in this area, but do not act as advisers on
this subject as it requires specialist knowledge.
Once the group is formed with its five
owners (four plus the current owners), day-to-day management
and usage allocation will initially be administered by The
OwnerGroups Company, under a renewable one year contract. Members will be
required to pay their monthly share of the agreed budget,
and tell OwnerGroups when they wish to use the property.
OwnerGroups will allocate usage in accordance with these
requests, allowing owner members total flexibility to determine
when they wish to use it. If two members request usage
simultaneously, actual allocation will be determined by a
pre-agreed priority scheme, in which each individual
members’ priority varies from season to season and year to year.
We would emphasise that OwnerGroups does not have any
financial interest in the property's usage. We have operated
such schemes for many years with other group-owned properties
with a very high degree of owner satisfaction. Other than as
contracted organisers of the syndicate, The OwnerGroups Company
has no connection with any of the group members, and our
continued appointment is subject to majority decision by the
group members. No individual member of the syndicate will have
overall control of the group’s funds or responsibility for
routine administration.
The full Draft Members Agreement will be
provided to serious enquirers as part of the Information Pack,
as described in the Purchase Procedure
page. This will enable you to see precisely how such matters as
control of the property, financial decisions, usage,
sale/transfer of shares and departure
from the group is achieved. For financial aspects of the group please follow
the Finances link.
The OwnerGroups company does not claim legal
expertise but we can recommend a number of independent
expert firms who will be able to give you impartial advice if
you wish.
A brief note about shared ownership systems.
This group is neither a timeshare or a
commercial fractional ownership scheme. What these have in common
is the
fact that they are organised by large developers, with the
primary objective of realising substantial profits on their very
large investment, and who retain control of
virtually all aspects of the property. A timeshare "owner" in
reality usually owns only a pre-paid "right to occupy" the
premises, with an expiry date. A commercial "fractional
ownership" owner is better placed and does hold some legal title
to the actual property, but his right to use it as well as other
control aspects are strictly limited by the selling
organisation, and maintenance charges in particular are set
solely by the developer. This may mean that buyers in large
developments end up having to pay for the maintenance of any
unsold proportion of the development, as the developer expects
to make a profit on the continuing operation of the property as
well as on initial sale.
In this private syndicate, ALL these aspects are
determined solely by the five owner members, who are known to
each other and jointly hold 100% of the equity in the property.
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