A court grants the Hotel Guadalpín Banús full use of the facilities
The conflict at the five-star Guadalpín Banús Hotel in Marbella, which threatened nearly 200 jobs, could have come to an end after a court's decision establishing the hotel use of all the properties that make up the establishment. This was announced today by the operator Grisoma, following an order dated October 10.The document from the Commercial Court number 1 of Malaga establishes that in the public deed registered in the Property Registry on December 14, 2014, “it is stated that the registered properties that make up the aforementioned hotel complex are subject to the regime of hotel operation.”
Furthermore, he emphasizes that the constitutive title of horizontal division establishes “clearly and without a doubt the hotel use of the properties that make up the building.”
And he adds that in the Statutes of the Community of Owners, articles 10 and 28 reflect “the obligation of the owners to transfer the apartments and premises for hotel operation.”
This was made public this Wednesday, through a statement, by the hotel's's operator, the Grimosa company, from where they consider that the matter is settled.
The order also highlights that all the purchasers “knew the destination of the properties for hotel use, including the third parties SPV Spain Project 17 SLU and Caja Rural de Granada SCC.”
The operator has expressed surprise that the other owners "ignore" this fact and have carried out actions such as "closing the rooms and transit spaces of the hotel"
In this way, they have "seriously affected the facilities, such as the kitchen, breaking part of the furniture and having a negative impact on the service provided to customers."
The judge also cites article 41 of the Andalusian Tourism Law of December 23, 2011 to emphasize that the establishments registered in the Tourism Registry of the Andalusian Government “will be managed under the principle of operating unit.”
Furthermore, the facilities registered in the aforementioned registry must be used solelyely for tourist exploitation.
Regarding the regulations that refer to the horizontal property regime or related figures, as is the case of Guadalpín Banús, article 42 recognizes the fact that they must be subject in all cases “to compliance with the principle of unit of exploitation in accordance with what was expressed in the previous article (41)”.
Grisoma points out that the order makes it clear that SPV and Caja Rural de Granada knew through the Property Registry "of the horizontal division of the registered properties awarded in the different Mortgage Foreclosure procedures, and their unitary destination for hotel use."
As a consequence, the judicial reresolutionution concludes that they must allow access to all the properties they own in the Guadalpín Banús hotel complex for their hotel operation, without being able to "hinder, limit or prevent the development of the hotel's's activity."
Another point of conflict was the rents that Grisoma had to pay, on which the order establishes that "they will be agreed upon by the parties,"
If there is no agreement, an expert from AHECOS, together with a technician from the Malaga delegation of the Ministry of Tourism, will be in charge of setting said amount, taking into account the characteristics of the market and the type of hotel complex.
The workforce, with nearly 200 workers, has celebrated this judicial order and its spokesperson, Jaqueline Lagarcha, has indicated that "we just want to continue working, keep our job and if they do not sit down to negotiate, to truly dialogue, the livelihood of our families".
The impediment to the use of the complex's facilities meant that, in the short term, the operating company had to do without personnel, in most cases, workers with a seniority of between 15 and 18 years.
In this way, light is shed on the litigation between the operating company and the owners of some premises and rooms in the hotel (SOV Spain Project and Caja Rural de Granada)
The establishment has a complex structure since the land belongs to different owners, with parts of the establishment operated by the Grisoma company.
Initially, they obtained the recovery of those areas, where for example the kitchens are, with judicial actions, the last of them on July 3.
Since 2021, as a result of these conflicts, the hotel has been losing rooms as well as the dining rooms, for which the terraces were used, which were later closed along with the kitchens.
All these spaces will be recovered these days so that the hotel can return to normal.
Font: Marbella 24h
Posted on October 19, 2023