The Union for the Conservation of Costa Teguise (UCCT) has been denouncing since 2003 that the developer Algol Desarrollo Inmobiliario S.L. has not satisfied the fees that correspond to it as owner, since it took over the land of Costa Teguise. In January 2007, the Court of First Instance No. 6 of Arrecife dismissed the lawsuit filed by the entity to claim a non-payment of 2004. A year later, the Court No. 5 denies with the same arguments to estimate another lawsuit filed for the same reasons, but referring to the participation fees of the third and fourth quarter of 2005 and the first, second and third of 2006.
On this occasion, the UCCT requested an amount that amounts to 404,814.36 euros and the ruling is based on resolving whether the entity complied with the legal requirements to make the payment of the fees enforceable. However, the Judge has considered that, since there is no notification of the minutes where the amounts claimed from the owners and the budgets are regulated, it is not possible to claim said amount from Algol. The Ruling acquits the developer company and imposes on the entity to pay the court costs, although there is still room for appeal by the plaintiff.
The ruling refers to the previous lawsuits that the entity has filed against the developer and points out that these would have established jurisprudence. Therefore, as in previous judicial decisions, reference is made to the lack of notification of the minutes where the budgets were approved and the lack of convocation of the General Assembly of the UCCT of December 20, 2005 where the settlement of the debt was agreed, which means that "the act is not firm with respect to Algol".
These circumstances lead the Judge to determine that "it is impossible to have the agreements" consented to. That is, that the non-payments by Algol as developer and owner, which were approved in the minutes, would not be enforceable. "From the administrative point of view of the matter, the nullity of the pecuniary exaction based on an agreement whose notification cannot be accredited is clear", the ruling states.
Disappearance of the UCCT
There are several judicial proceedings initiated by the UCCT against Algol for non-payment of participation fees as owner of plots in Costa Teguise. The developer as defendant has argued on more than one occasion before these claims that the entity lacked "active legitimacy" since several municipal agreements have annulled the UCCT, with the consequent assumption of functions by the City Council of the municipality.
A plenary agreement set the extinction of the entity in January 2008. However, according to the Councilor for Urban Planning, Juan Jesús González, the UCCT is still active because it is necessary, in addition to the agreement, to carry out the procedure by which the City Council effectively assumes the services that until now were provided by the Union for the Conversation of Costa Teguise. The Councilor for Urban Planning assures that the process will continue although he has not set a specific date.
