Condition and rules of Conduct
For the use of Fastighets AB Anders - Ärligs apartments in Andalucia del Mar, FAM
1. The flat
The shareholder shall keep the apartment as well as its accompanying storage areas and equipment maintained and in good condition. When using the apartment, the shareholder shall note that what is needed in order to maintain soundness, order and the condition of the flat and the building in general.
The shareholder is not allowed to initiate any changes within the apartment without the express permission of the Company.
With respect to shareholders with allergies, and to sanitary problems, pets are not allowed in the flat. All costs pertaining to the sanitizing of the apartment or its property in conjunction with the infraction of this rule will be charged those responsible.
If necessary, the shareholder will be notified in writing and reminded of his/her obligations. In the absence of correction the Board may consider forfeit of the right to use the apartment.
2. A majority of the shareholders has decided a smoking ban in the apartments
Smokers are directed to the balconies.
3. Key to flat
The loss or disappearance of apartment keys is a major problem causing increased costs, the risk of burglary etc. The company shall insure that each shareholder shall only have one (1) key to the gate and the two (2) belonging to the door of the apartment. A total of three (3) keys.
To avoid risk of theft no extra keys should be left in the apartment. If required, an extra set of keys may be collected at theSpanishservice office NAM after signing a receipt.
In the event of the sale of share, one set of keys shall accompany the sale. Otherwise the buyer shall incur all costs pertaining to the replacement of keys.
4. Registration, day and times of check-in
Shareholders shall register their intentions for use of the flat in writing,preferably viathe website form and only under special circumstances via the form included in the yearly information mailings to shareholders. See enclosure No. 1.
Arrival time, date of departure, number of persons, which is maximized to six and an infant placed in a childbed hired from the service company NAM, and the possible need of extra beds, highchairs and airport transportation etc. shall be included on the form.
Registration not done via the websitecould also be faxed company NAM.
Fax: + 34 95 281 30 14
Arrival notification shall be made to NAM no later than 3 weeks prior to arrival.
Arrivals and departures are on Fridays. Should flight schedules change dramatically, the Annual General Meeting may decide on a change of arrival and departure day for the future.
Checking in is to be done no earlier than 14:00 on the day of arrival.
This is to facilitate the cleaning, inspection and possible maintenance of the apartment. The car is available for use from 14:00.
Check out time is 09:15 unless otherwise agreed upon with the service company NAM.
5. Checking in and out - things to remember
The apartment shall contain a "flat binder" in both English and Swedish. The binder shall contain detailed descriptions as to the responsibility and measures the occupant shall carry out when checking in and out. The occupant of the apartment is both encouraged and has responsibility for the assimilation of this information.
The most important measures are:
The immediate report of deficiencies on the apartment or the car to the service company NAM
The inspection of the apartment, equipment, keys and car upon arrival
Dish washing and cleaning as per instructions in flat binder before check-out
Fetching of cushions from balcony and anchoring of wind screens before check-out
Gathering of all laundry into designated laundry sack two days before check-out
The above services can also be carried out by our service company NAM, providing a timely order is placed with NAM. Arising costs in accordance with the current price list to be paid to NAM prior to departure.
In case the shareholder/tenant neglects to implement his/her obligations as set forth above, NAM will send an invoice covering the costs of the effort they had to accomplish
6. Emergency / necessary reparations
Written notice shall be given to the shareholder/guest one day in advance should the service company NAM need access to the flat during the period of stay. Should the suggested time be inappropriate, a new time can be agreed with the service company.
Should emergency repairs be needed in the event of water leakage, for example, the service company may enter the apartment using their own set of keys. This will be done after ensuring that the apartment is void of occupants.
7. Operational costs
The board is elected by the shareholders to manage the administration of the company and the apartment and of the economy. In accordance with existing laws, regulations, practice etc. the board has the right and obligation to determine necessary accounting principles and execute necessary charges for the implementation of the management.
The Board reports and the Annual General Meeting shall establish final weekly fees incl. cleaning fees and, if necessary, unconditional shareholder contribution or the like, to be paid by the owners for management, running, maintenance and investments for preserving the standard of the apartment.
The levied fee covers the costs for among other things:
Management in both Spain and Sweden
Real estate tax
Association fees (cleaning of stairs, building maintenance, grounds, swimming pools, guard personnel, garbage removal, satellite TV, broadband etc.)
Electricity, water and sewer
Maintenance, replenishing of inventory, textiles etc.
Investments in the form of re-conditioning or re-construction of kitchen and bathrooms
Work of the Board, accounting, bookkeeping etc.
Service company NAM S.L. (personnel, offices, cars, cleaning/laundry, accounting, auditing, repairs, investments etc.
The operating costs will be invoiced twice every year, in February and August, unless otherwise decided by the Board. Invoices will be sent to the financially responsible owner registered with the company in the Shareholders Register on the actual day of invoice The invoice must be paid within 30 days from date of invoice.
Late payments will be charged interest, administration, collection etc. See also § 12.
8. Damages and responsibility
Shareholders are responsible for all damages to the apartment, its inventory and the car. Responsibility extends not only to private use, but also to guests and private rental. The company assumes responsibility for any rentals it initiates. Damages shall be reported and arising costs paid to the service company NAM in Andalucia del Mar. If necessary, the costs will be invoiced in addition with an administration fee.
9. The Car
A car shall be available for the shareholder's/guest's use as well as a numbered parking bay in the underground garage. The car and garage keys are located in the flat.
The car shall be cared for. Upon arrival the car always shall be checked and all deficiencies should immediately be reported to the service company NAM.
Upon check-out the car is to be washed and swept out.
The petrol tank should be filled and the oil, water and air pressure checked. At the end of stay, the car is to be parked, without exception, in its parking bay from 08:00 on the day of departure.
Keys to the car and garage shall be left in the flat. Should there be any problem with the car, the shareholder shall immediately notify the service company NAM. The shareholder is responsible for any damages to the car regardless if they occur from private use, private rental and not via the company. In case of a damage the excess should be paid to NAM well before departure.
The shareholder is responsible for damages on the car, irrespective own use or in connection with private letting (not via the company).
In case the owner/tenant in this respect does not fulfil his/her obligations the shareholder has the full responsibility and will be charged arising costs.
When letting to others but shareholders arranged through the administration, a car is not included in the rental draft if this hasn't been agreed specially.
10. Subletting the apartment
As of May 12 2016 there are new regulations instituted by the Andalusian authorities regarding short term subletting of vacations dwellings which now requires that the owner has a tourist license and submits a tax return and payment of income tax on the subletting profit.
The 28 FAM companies have applied for tourist licenses.
To sublet/rent an apartment or other dwelling without said license could be subject to fines amounting to 1.5 M Sek payable in full by the owner who sublets the apartment, as said owner does not have a tourist license.
Owners who sublet an apartment in Andalucia del Mar without the involvement of Fastighets AB Anders-Ärlig or a, by the Board appointed, third party cannot use the FAM companies licenses and are thus completely responsible for all fines and/or other consequences of such subletting
The rental fee shall cover the cost for cleaning and other apartment upkeep, the administrative costs arising due to the subletting, the fee to the owner and, if applicable, income taxes on the rental profit.
11. Allowing a guest to use the apartment
When owners privately allows a third party to use the apartment, such owners must inform the party using the apartment of the Conditions and Rules of Conduct.
Pay special note to the rules regarding subletting the apartment in section 10 above. If payment is received for the use of the apartment, the activity is considered a sublet and requires a license. Fastighets AB Anders-Ärlig is not in any way responsible for such subletting not contracted by the companies or by the board appointed third party.
The owner is responsible for any damages to the apartment, furniture and fixtures and the car. Please see sections 1,2,4,5,8 and 9 above.
The guest should notify his arrival to NAM in order to get keys to the apartment, three keys, one for the entry to the building, one for the upper and one for the lower locks to the apartment, which are available at the guard booth. The guest should leave the keys in the apartment upon departure.
12. Forfeit of Right of Use and letting to secure outstanding debt or debts
According to Articles of association, § 13, upon using the apartment, the shareholder has the obligation to observe Conditions and Rules of order, made by the Company.
Right of Use may be forfeit should any of the following occur:
Delay in payment, more than two months counted from date of invoice, of weekly fees, other kinds of invoiced compensations, interest and follow-up fees, shareholders contribution etc.
Mismanagement of the apartment by the owner or by any person to whom the owner has granted the use of the apartment.
Under the expression mismanagement should be understood:
When the apartment and the areas belonging to it as well as movables are not properly looked after,
When order in the apartment and in the building in general is not kept,
When the shareholder does not comply with the rules of the Board,
When NAM´s staf is denied entry to the apartment without acceptable reasons,
When the shareholder does not leave the apartment within settled time according to
§ 4 above.
When the sublet of the apartment is not done via Fastighets AB Anders-Ärlig or by the Board appointed third party property manager.
The Board decides on the forfeit of the Right of Use. The shareholder will accordingly be informed in writing. Upon forfeit due to payment delay, the Board will submit the weeks of the shareholder for letting with the purpose to - if possible - collect the outstanding debt. However, the claim on the shareholder to pay his debt remains. In case of letting, the outstanding debt is first to be settled together with other fees for the letting.
In case of credit balance, or, if the shareholder in the meantime has paid, the credit balance will be refunded to the shareholder.
Return of use of right, including possibility for the shareholder to have access to the apartment, will take place only when the shareholder accordingly has been notified by the Board in writing.
This is a safety matter to secure right of use for the person having rented the apartment by the Board.
Appeals regarding enactment shall be made at the Annual General Meeting. Revisions to the enactment of Right of Use require a simple majority.
13. Sale of Shares
Upon the sale of shares, the seller shall inform the buyer of these Conditions and Rules of Order and if the seller is in debt to the company.
Should there be any debts to the Company, these shall be regulated before the new owner is approved and the share entered into the share record book. The buyer is responsible for discovering any possible debts concerning the share. To be entered into the share record book, the buyer shall take necessary measures to regulate any remaining debt the seller may owe the Company.
It is the responsibility of the seller and the buyer themselves to regulate any eventual preliminary and final weekly fees, share charges etc. in connection with the conditions of transfer.
Sale of shares shall be reported in writing, including a copy of the bill of sale, to the Boards administration via:
Fastighets AB Andalucia del Mar, C/O Wasbergs Redovisning, Box 1235, 172 24 Sundbyberg, Sverige
The owner is always responsible for the sale of his shares.
The Board may be asked for assistance with sale of shares. The Board will arrange advertising on the NAM - homepage and produce and send out "Sales lists" as support to the shareholder to sell his shares. Above this, special arrangements can be agreed between a seller and the Board meaning extra support from the Board.
For such sale support mentioned above, the seller shall pay eventual administration costs as determined by the Board.
These Conditions and Rules of Order were approved by the Board on July 27th 2016 with the final approval to occur at the Company's Annual General Meeting on June 10th 2017 and are in effect until further notice.