Condition and rules of Conduct
Condition and rules of Conductapplicable to the use of Fastighets AB Anders – Ärlig apartments in Andalucia del Mar (hereinafter referred to as FAM).
(Revised 20 February 2023)
1. The flat
- The shareholder must keep the apartment and associated spaces and equipment in good condition and take good care of it.
- When using the apartment, the shareholder is obliged to observe everything that is required to maintain the condition of the apartment, order and a perfect condition in the apartment and in the property in general.
- The shareholder is not entitled to make any changes to the apartment without the Company's permission.
When moving out, the apartment must be left well cleaned and without damage to furnishings. Damage to fixtures and missing household items must be reported to the NAM office and replaced.
If the apartment is left uncleaned, the cost of the cleaning will be charged to the person who left the apartment uncleaned. The same applies to inventory that is damaged and to household items that are missing.
2. Smoking and pets are prohibited inside the apartments
It is forbidden to smoke inside the apartments. Smokers are directed to the balconies outside. Consideration must be given to nearby residents who may be disturbed by the smoke.
In consideration of shareholders who are allergic and the problem of sanitary inconveniences, pets are not allowed in the apartment.
In the event of a violation of the above rules, the board may decide to forfeit the right of use. Costs for cleanup of the apartment will be charged in full to the person who violated the rules of order.
3. Key to the apartment
Lost and missing keys are a major problem that causes costs in the form of lock replacements and increases the risk of burglary etc. Each shareholder must therefore only have his own key to the gate and the apartment's lock via the Company's provision, a total of three keys. In order to avoid the risk of theft, no extra keys to the apartment should be in the apartment upon arrival. If necessary, extra keys can be collected and paid for at the Spanish service company NAM.
When selling shares, a set of keys must accompany the purchase. If this cannot be done, the seller is responsible for paying for new keys via the NAM office.
4. Registration, exchange day, and exchange times
Shareholders must always notify their intention to dispose of the apartment on the notification form which can be found on the website, "andaluciadelmar.se".
The notification must state the arrival time, departure date, number of people who will be staying in the apartment (maximum of six people and infants in a cot rented by NAM) and any need to rent cots, highchairs, transport from the airport or other services provided.
The arrival notification must also be emailed to the service company NAM, email firstname.lastname@example.org.
The application must be received by NAM no later than three (3) weeks before the day of arrival!
Moving in and out takes place on Fridays in the week before the week of use.
Move-in may take place at the earliest at 14.00 on the exchange day. This is so that cleaning and possible repairs, inspection of the apartment, etc. can be carried out between moving in and moving out. The car can be disposed of from 2 p.m.
Moving out must take place no later than 09.15, unless otherwise agreed with the service company NAM.
5. Own actions before moving in and moving out
In the apartment there must be an information folder, the floor folder. The contents of the binder must be in Swedish and English. In the folder there are detailed descriptions of the responsibilities that the user of the apartment has to observe and the measures that the user has to carry out upon arrival and before moving out.
The user of the apartment has an obligation to assimilate the information in the floor binder.
The most important measures are:
• Notify the service company NAM immediately of any defects in the apartment and damage to the car.
• Check the apartment, the equipment according to the list, the keys and inspect any damage to the car on arrival.
• Wash and clean according to the instructions in the binder before the move.
• Collect cushions from the balconies and secure the windbreaks in a contracted position before moving out.
• Collect all laundry in the designated laundry bag, which is obtained in connection with the apartment no later than two days before moving out.
- Leave extra receipted keys as well as car and garage keys in the apartment.
The service company NAM can, after placing an order and against compensation in accordance with the applicable regulations price list, perform parts of the above services. Contact the office if assistance is required.
If the shareholder/tenant does not fulfill his obligations according to the above, a special charge will be made from NAM for the measures he was forced to implement.
6. Urgent and necessary management measures
If the service company NAM's staff needs access to the apartment during the period of use, the following procedures apply:
At the latest the day before access is desired, the staff informs the shareholder/guest of the desired time for e.g. a necessary repair. If the proposed time is unsuitable, the service company is contacted for a new agreement.
In case of emergency interventions, e.g. in the event of a water leak or an electrical fault, the service company's NAM personnel have the right to enter the apartment with a spare key, but only after making sure that the apartment is empty.
7. Ongoing management
The board is responsible for the companies/apartments' ongoing management and finances.
In the Terms and Conditions, the board establishes the standards for management, which each owner must follow.
The board determines a recommended price for renting the apartments. An owner may rent out an apartment at an amount other than the recommended level.
The board decides and the annual general meeting finally determines the weekly fee including costs and any unconditional owner contribution that an owner must pay for the administration, management, operation, maintenance, investments and for maintaining the standard of the apartment.
The weekly fees refer to, among other things to cover the costs of:
• The administration in Sweden and Spain
• Property taxes
• The comunidad fee (stair cleaning, building maintenance, garden maintenance, pool maintenance, security staff costs and garbage collection fees, satellite TV, broadband, etc.)
• Costs for electricity, cleaning, water and sewage, etc
• The maintenance, renewal of fixtures and textiles, etc
• Certain investments. (Major investments such as remodeling of kitchens and bathrooms are decided in a special order in consultation with the shareholders)
• Costs for the board's management, administration, bookkeeping, auditing, etc• servicebolaget NAM S.L (AB på spanska), dvs kostnader för personal, kontor, bilar, städ/tvätt, bokföring, administration, revision, reparationer, investeringar mm)
Operating costs are invoiced no more than twice a year, in February and August, unless otherwise decided by the board. The invoice is sent to the registered and registered owner on the invoicing day and in the share register, who also has full payment responsibility for the invoice.
The owner has the formal responsibility for payment towards the company.
The invoice/e-invoice must be paid within 30 days from the invoice date!
In the event of a delayed payment, additional costs for late payment interest, administration, collection and rental work, etc. will be charged.
Note that an unpaid reminder fee is transferred to the next invoice, whereby an additional fee of five hundred (500) SEK is added.
The cost of a request for an extra invoice regarding the weekly fee or another fee is charged at five hundred (500) SEK.
8. Damages and responsibilities
The shareholder is responsible for all damage to the apartment, to fixtures and for damage to the car.
The responsibility applies to the own household and also includes guests invited by the owner.
In the event of an illegal rental or lending, the same liability for compensation applies to the owner.
When renting through NAM's own care, NAM is responsible for any damage that may occur.
Damages must be immediately reported and paid to the service company NAM. If necessary, the amount will be invoiced with an addition for administration costs.
9. The car
A car is available for the shareholder's disposal, as well as a numbered parking space in the garage under the building. Car and garage keys are in the apartment.
The car must be looked after with care. Upon arrival the car must be inspected by the shareholder. Any defects and damage to the car must be immediately reported to the service company NAM.
The garage door card that is kept in the car must not be removed from the car. The card is found behind the sun visor on the driver's side of the car. In the event of a loss of the card, this must be reported to NAM immediately. The shareholder is liable for the cost of a new card.
When moving out, the car must be washed and vacuumed. The car must be full of fuel and the oil, water and air pressure must be checked.
At the end of the usage period, the car must be parked in the designated parking space no later than 08.00 on the exchange day.
Car keys and receipted door and gate keys must be left in the apartment and picked up by the service company's staff. In the event of a fault with the car as well as damage occurring, the shareholder must immediately notify the staff at the service company NAM and a deductible for the damage must be paid.
The shareholder is responsible and is liable for compensation for damages etc. that occur to the car, regardless of whether it concerns own use or the use of others. The same applies to unpaid parking fines, toll fees, etc. incurred during the period of use.
If the owner/tenant does not fulfill his obligations according to the above, a special charge will be sent to the shareholder for the measures the NAM Service Office has been forced to implement.
When renting an apartment to a person who is not a shareholder, a car is not included in the concept, unless this has been specifically agreed with the NAM Service Office, and taking into account the availability of vehicles. Shareholders who rent an apartment have access to a car, and this must be notified of the need in the arrival notification.
10. Rental of an apartment
All rentals take place through the NAM office.
Since 2016, the authorities in Andalusia have adopted new rules for the rental of a holiday apartment. The rules stipulate that a lessor must be registered for a so-called Tourist License in order to have the right to rent out an apartment or another residence. The letting must also be declared and the profit taxed in Spain. At each rental occasion, a rental is declared through the NAM office's services.
The 28 companies in Fastighets AB Anders–Ärlig in Andalucia del Mar have a Tourist license/rental license.
Renting out an apartment or other residence without a Tourist License can result in substantial fines, which must be paid in full by the person who illegally rents the apartment without a Tourist License.
It is absolutely forbidden to rent out the apartment without doing so at the NAM office!
Shareholders who illegally rent out an apartment without the involvement of Fastighets AB Anders – Ärlig/NAM office cannot invoke the Tourist License but are obliged to take responsibility themselves for the consequences such an illegal rental may entail, including bearing the entire cost of any fines or other penalties.
A shareholder may not change the terms and conditions of the rental contract to be used and provided by NAM.
The rental compensation must cover the cost of cleaning etc. in the apartment, all costs for the rental procedure (the contract, administrative costs, declarations etc.) and taxes.
The board determines the recommended price for the rental compensation that is applied in the case of a rental. The information on the recommended price can be found on the website and the price is divided between low and high season.[SS1]
11. Lending an apartment
When a shareholder lends out his apartment himself and privately, it is the shareholder's responsibility to carefully inform the tenant of the applicable Terms and Conditions. The shareholder is responsible for ensuring that the borrower has a good understanding of the rules, and that the borrower is aware of the consequences if the rules are disregarded.
Pay special attention to what is said about letting in point 10 above. If the lending takes place for a fee, it is always considered a rental, which requires a Tourist License.
Fastighets AB Anders – Ärlig takes no responsibility for an illegal rental, all rentals must unconditionally be done through the NAM office.
The shareholder is responsible for any damage to the apartment, fixtures and the car. Also see items 1, 2, 4, 5, 8 and 9 above.
The owner must notify the service company NAM through an arrival notification so that the tenant has access to the keys to the apartment, a total of three keys, one for the gate, one for the top lock of the apartment door and one for the bottom lock. The keys are collected from the guard.
When lending, the owner is fully responsible for everything in the apartment and whoever is charged any costs.
In connection with moving out, the keys must be left in the apartment and picked up there by the service company's staff.
12. Forfeiture of the right of use
According to § 13 of the articles of association, when using the apartment, the shareholder is obliged to observe the Terms and Conditions set out by the Company.
The right of use may, after a decision by the board, be forfeited for the following reasons:
- In the event of a delay of more than two months, calculated from the invoicing date, with payment of the weekly fee, other invoiced compensation, interest and reminder fees, shareholder contributions, etc.
- In the event of neglect X of the apartment by the owner or by another person to whom the owner has let the apartment.
- When renting an apartment when this is not done through an intermediary of NAM/Fastighets AB Anders-Ärlig.
- If the Terms and Conditions are not followed
A decision to return the right of use, with the possibility for the shareholder to once again dispose of his apartment, [SS2] can be made after full compensation has been paid for accrued costs and after the board has approved the payment in writing and notified the shareholder of this.
An appeal against a decision on forfeiture of the right of use can be made at the annual general meeting. For a decision to forfeit the right of use, a simple majority is required at the annual general meeting.
Neglect means, for example:
- that the apartment, along with the associated spaces and fixtures, are not well maintained
- who do not maintain condition of the apartment and order in the apartment and the property in general.
- that the shareholder does not follow the board's directive
- if NAM's staff are denied access to the apartment without a valid reason
- if the shareholder does not leave the apartment within a specified time according to §4 above.
13. Sale of shares
All sales of shares/weeks must take place in accordance with the contract which can be found on the website.
The parties may not make any changes to the terms and conditions of the purchase contract.
When selling shares, the seller has the obligation to inform the buyer of the Terms and Conditions, and to inform if the seller is in debt to Fastighetsbolaget/NAM.
If the owner owes a debt to Fastighetsbolaget/NAM, this must be settled before the new owner can be approved and entered in the share register. The seller has a disclosure obligation to inform the buyer of the share's possible indebtedness and to settle the debt.
To be entered in the share register, a new owner must pay the registration fee, which is also stated in the purchase contract.
Sellers and buyers have to settle any preliminary and final weekly fees, shareholder contributions etc. between themselves in connection with the terms of the transfer. Any locker fees cannot be recovered or transferred to the new owner.
If the owner has sold shares, this must be reported in writing, with a copy of the purchase deed, to the board's administration:
Fastighetsbolagen Andalucia del Mar
C/o Wasberg Redovisning AB
172 24 Sundbyberg