On August 6, 1987, before a notary in Reus (Imaculada Nieto Aldea), the statutes of the Entitat Urbanística Colaboradora de Conservación (EUCC) of the urbanization Las Planas del Rey were approved and registered. This document formalizes the creation of the entity, mandatory for all property owners, and transfers to the residents the obligations of conservation and maintenance of collective facilities.
1) Nature and creation
- Administrative association of property owners, of legal-administrative character, based on articles 24 to 30 and 67 to 70 of the Urban Management Regulation (Land Law of 1978).
- Mandatory membership for all property owners (art. 25.3 and 68 of the regulation).
- Indefinite duration, except dissolution by the General Assembly and official assumption by the Town Hall.
2) Purpose and functions
- Conservation, maintenance, and use of common services (roads, lighting, green areas, facilities).
- Possibility to create new services with municipal authorization.
- Representation of property owners before the State, the Generalitat, the Town Hall, and the courts.
- Resolution of conflicts among property owners.
- Common elements not ceded to the Town Hall remain the responsibility of the property owners.
3) Ownership and obligations
- Full ownership of plots by their holders, but within the limits of the Partial Plan.
- Private works authorized only with the approval of the Consejo Rector.
- Common elements are indivisible and attached to each private property.
- In case of sale, the buyer is automatically subrogated to the rights and obligations.
4) Financing
- Each property owner contributes according to the size of their plot.
- Shops and restaurants pay a triple coefficient.
- Sanctions for non-payment: late interest, temporary exclusion from services, water cut-off, legal action.
- The EUCC may request the Town Hall of Pratdip to recover debts through administrative enforcement (art. 70 of the 1978 Regulation).
5) Organization and governance
- General Assembly: annual meeting in August, sovereign body of the entity.
- Consejo Rector: at least 9 members, 3-year term, revocable by the Assembly.
- Board: President, Vice-President, Secretary, Treasurer.
- Powers: execution of decisions, management of services, sanctions, legal representation, hiring of staff.
6) Rights and obligations of property owners
- Obligation to belong to the EUCC and comply with its decisions.
- Temporary loss of services in case of non-payment, while still being required to contribute.
- Right of administrative appeal before the Town Hall of Pratdip against EUCC decisions.
Legal scope and implications
These statutes formalize the imposition of a mandatory entity on the property owners of Las Planas del Rey. They assign to the EUCC the maintenance of infrastructures (roads, lighting, services) normally borne by the municipality. The possibility of debt collection through the Town Hall of Pratdip illustrates the quasi-public nature of the entity, which acted as a shield to avoid the reception of the urbanization. This document constitutes a key legal element to understand the unlawful deviation later denounced by the SOS Planas association.
