Hi All,

Just thought I'd post an update I received yesterday. You may or may not know this already but it may help someone.

'I would like to inform you that Aspen House is close to receiving Act 16 – Permission for Usage, which is expected next month, and the clients should be ready with thier last installments. In relation to that, I would like to inform you about the  NEW BANK ACCOUNT of Tuleks Ltd .....'

Vicky

Hi all,

i think the main reson the building is behind is becase there were virtually no men working on site,each time i went there i could only find about 5 people actually working! the building ban in the winter is a standard thing it happens each year but this only applies to major building work, if the companys can get the building materials to site before this ban they are able to continue with internal works [tiling carpentry etc] I will have to check my photos but i think that work did continue throughout the winter season, so i really dont think that this excuse can be used here. The last letter that i received informed me that act 16 had not yet been granted but said that if i wanted to make my last payment this could be arranged! I had heard that last year the municipality was a long way behind in issuing the Act 16 documents as a friend had a similar problem but i don't know if this is still the case. please keep posting the solicitor information it will be interesting to see if we can all escape the last payment!

Dex

Hi All,

Thought I'd post the details I have received from my Solicitor.

He says that the building has been delayed due to the decision of the Bansko Mayor to force builders to cease work on developers to give the roads and drainage infrastructure a chance to catch up, although he says he has only read this and has not seen actual evidence. He says that the developer may argue that this is a force majeure and so we are not entitled to a penalty though my solicitor does not agree with this.

Can ayone tell me which stage they are at with Act 15 or Act 16? My contract says that completion has to take place within 15 days of granting Act 16 ie after the municipality have inspected the property to ensure its all built in accordance with planning etc. My solicitor says that at one point it was taking the municipality up to 6 months to come out following the completion of the build!

If anyone elso know anything else please post it.

Vicky

they can't pull the one about the winter ban on building as this is the same every year, it also applys to the coastal regions and therefore should have been allowed for in their building programme. technically the contract reads that we should be able to claim against the penalty clause,but another way to negotiate at least another 5% off the payment would be to accept the lower {goverment valuation] on the final contract thus allowing the developer to pay a lower tax on monies received. I think everyone has a genuine case here as for some we have missed a complete rental season, which equates to a fair sum of money in itself and also a missed opportunity to occupy our own apartments this year for some great skiing! I have photos of the development from 2 weeks ago [but don't seem to have any joy attaching them to this site!] it has started to look a little more complete,with furniture piled into the apartments, kitchens fitted [without appliances] bathrooms complete and the cleaners starting to work thier way through the complex. The restaurant/bar is cluttered with other items of furniture and the pool area is still open to the elements, however outside now looks a little better and has been cleaned up and it looks as if they have started to form a road to the complex. I may take another drive over nearer the end of the month and take another look and post a new update. The last email contract i had with tulux mentioned a rental contract has anyone had any details of this? They also suggested that i could make my final payment now if i wished before act 16 had been granted [the habitation licence] but probably like the rest of you i am hoping not to part with my last 10% so if anyone has had any good advise from a solicitor please post it.

If you have any other questions just ask and i will endevour to answer them next time i log on

Hi all, Decided to go out and see for ourselves what is going on, never been before. Can anyone recommend a hotel in Bansko and also near to Sofia airport. Going on 22nd June hoping for some positive news then.

Regards Pat and Sukriti (309)

Hi All,

Decided

Hieveryone,

We have just spoken with our agent ,Asta Bridge, who now says that the development will be ready end of August!! Reading messages regarding other developments, most people seem to have the same problem. I also read of one company claiming Force Majeure due to the winter construction embargo. Hope the euro will give us a better exchange rate at least by August.            Sukriti

Hi All,

I now have 5 owners representing 7 apartments with a couple of unconfirmed interested people.

If anybody is interested in a penalty payment please e-mail privately via this website with your name, e-mail address and apartment number by tomorrow evening when I will be back in touch with my solicitor.

Kind regards

Darren

Hi All,

Thanks to those of you who have e-mailed me privately with a willingness to join forces on a penalty claim. If anyone else would like to e-mail me privately via this site please do so by the end of the Bank Holiday Monday with your name and e-mail address.

I am just after tentative support at the moment to see what the costs might be.

As I said before though, I really only want to come to an amicable agreement without the need for court.

I truly belive if a number of us ask together it can only be of benefit to all of us.

If I dont ' get enough support it is doubtful I will proceed as I cannot afford the risk alone.

Hope to hear from you.....

Darren

Hi Vicky/Graham,

What I am saying is that as your contract stands you can ask the developer for 10% for the late completion. If he claims "force majuer" (which lets face it we dont really know what that is) he can say we are not due anything and all we can do is take his word and go without.

Tulux did say that he agreed in principal that we should be due something, but as he cancelled the meeting it could prove difficult for us.

Tulux also want to manage the apartments on our behalf via Balkan holidays, which had the project been finished on time, you could pretty much guarantee that the apartment would have been let for the entire winter season.

To be honest I do not really want to go to court. I was hoping to agree on the final 10% purchase price as a penalty payment, and would negotiate lower for a peaceful resolution.

I had hoped that if eveyone on this forum stuck together we would be able to drive a better bargain, and if need be we could go to court as a collective, and the costs would be greatly reduced. I also thought that the threat of a court action from so many would again strengthen our hand.

With regards to your idea Graham, I note that we have to complete within a certain timescale of when the developer is ready or we could lose all our deposits. (I have paid 90%).

I fear that the we may be on a losing battle if we go down that route.

Has anyone else tried negotiating or court action??  

Darren

Thanks Vic/Darren for you posts.

Presumably all the apartments will be completed at the same time, most of us wanted them ready for winter 2007/08. What if we all make the developer wait for payment once they are completed? I am not desperate to rent my apt. (405) out, Once we are contacted, if a number of us refuse to complete 'at the developers' convenience, and put forward our complaints, maybe Tulux will relent and offer us some form of % discount. I know this sounds like a long shot, but if Aspen House had been completed as planned we would have had a much more favourable exchange  rate for the final payment. I think I am clutching at straws! Anyone got any updated images?

Graham

Hi Darren,

Thanks for that information. Are you saying that the only way we can get any compensation money at all is by taking Tulex to court? Even the very basic offering for the common parts?

I do not feel confident  to pay the large sum for the court fees to try to prove loss of earnings because how can we prove we have lost any rental if we have not even started to market the apartments. I for one have no proof that anyone wants to take a holiday in my apartment.

However I do believe that there is strength in numbers and if as any of us as possible can go forward at once then we stand a better chance of the developer listening. I would be interested in hearing what others want to do about trying for this compensation money together.

Vicky

Hi all,

I have been looking into the legal side of claiming compensation for the late completion, dealing with M Carroll law firm www.mcarroll.info based in Sofia but also with Bansko offices.

Apparently the 10% you can claim for is for the common parts only which will be about 1800 euros. You can however also claim for loss of earnings. In total we are looking at about 10,800 euros.

You must get your solicitor to file to court (430 euros) and legal fees will be about 2800 euros. If we win the developer will have to pay the full amount plus our legal fees.

Lose however and we will have to pay both ours and the developers legal fees.

We scheduled a meeting with Mr Plamen Iliev of Tulux developments, hoping to come to an agreement instead, however he cancelled. I truly hope to come to a peacful solution, but it does feel that I am being forced somewhat.

We are nearly at completion and so looking forward to seeing the finished apartment but do feel that we should be due some financial recompense.

If anyone is like minded, please feel free to contact me either on site or privately on e-mail as I am considering a group action to lower costs.

Perhaps if anyone else has had any success with this they will pass on the information?

I am back out in Bansko 17-19 June and sincerely hope to have come to an agreement before then and to finally complete.

Fingers crossed!!

Darren

We are buying apt no;309 through Asta Bridge and Address but it does seem rather difficult to get any concrete info from them. The date for completion on our contract is 30th Sept 2007, does anyone know how you can claim compensation for the late completion?

Many thanks ,

Patricia

Hi All,

My name is Darren and I am buying apartment 414 so most of you are my neighbours! I last visited in Nov 07 and was surprised how far behind things were. I was thinking of applying for a penaly payment as so far overdue and wondered if anyone else has tried the same?

I bought the apartment from Asta-Bridge / Address but they dont tell me much these days! Also wondered if anyone could recommed a Bansko solicitor who is alrady familiar with Aspen House.

Im looking to get back out end of June and hope to actually stay in the apartment. What are the odds!!

Hi Everyone,

Just returned from Bansko,we visited Aspen House.It is 7 weeks since we were last there and there were some possitives.

The first being lots of people working on site and secondly improvement within the apts.

Hard to know where each one is up to,but we went in to one on 3rd floor and most of its kitchen was fitted.We saw all of the bathroom sinks for the 3rd floor in one apt (look nice!)

The technical director thinks the site will be ready May/June so don't hold your breath!

we also met our solicitor,(based in the town) and she thinks this is realistic.So we should be staying there next winter season!!!

Richard

hello everyone sorry i have not been on this site but we were suffering catostophic computer failure! the last information i received from the developer was a completion date in april, but i had to threaten to drive to Bansko and stay over night in a hotel to check for myself and deduct the cost from the final price of the apartment just to get a reply to my emails! i am struggling to get any proper answers from them at the moment normally its the least important items that are replied to, and its the important things like a completion date that are ignored. I have a friend taking some photos of the complex at the end of this month, he is also a builder so will have a pretty good idea if april is realistic, when i recieve them i will post them on the site. In the meantime if anybody else has some better information it would be nice to read it.

see you all next year for some skiing or maybe mountain bikes & horses this summer

Dex

Hi Richard,

Thanks very much for your posting, its good to finally get some idea about how much longer its going to take. I don't know why we get no response when we try to get an answer from our agent. It's quite stressful not knowing what's going on! I hope that in a years time we will be really pleased we decided to buy this apartment!!

Vicky

Hi all,

Just retuned from Bansko last night.Had a great time.The snow conditions were fantastic.

Whilst there had a viewing of Aspen House with a guy from L.V Consultant's (Ivan).We have 3 apts on the ground floor.

There is alot of work still to be done. Ivan spoke to technical director(Site forman).He told him two more months work,resumeing first week Feb.Ivan thought more like four months.

We also met our solicitor who is based in Bansko.They viewed the site befoe us and also thinks this is more realistic.

In the building there is furniture  for the apts ,piled up with building materials!! We gained access to a two bed  apt on 2nd floor(electrician working) flooring was down and tiled bathrooms, no sanitary ware.There doesn't appear to be any 2nd fix electrical's in any of the building.Also there seems to be no access to the swimming pool area from outside.(Change to the plans).The lower BBQ (artist impresion) area is now on ground floor level.

Al this considerd we were still pleased with the build quality of our purchase's,if not a little dissapointed with the progress

We are ther again in March and hope to see progress!

Attached a few more pics hope they are usefull

Richard.

Kathryn and Nick,

Thanks again for the post. I stayed in the Tamplier when I bought in November 2006, I think the restaurant there is one of the best places to eat. Rumour has it, one of the top chef's from Sofia is seconded to the Tamplier for the winter season. I will try to get out in late Feb or early March, like you I willstay elsewhere and hopefully get to look around Aspen house.

Regards

Graham

Hi Kathryn & Nick,

Many thanks for the update and for the photos youv'e uploaded. I have bought apartment 405, so we are on the same floor. I am hoping to go out either February or March to have a look. They seem to be having bumper snow there this year so looking forward to the trip. Have you been out yourselves to have a look?

I bought through Asta Bridge, but have received no update since November.

Many thanks

Graham

Hi Nick  & Kathryn,

We have bought a two bed on the ground floor. To be honest I really dont mind if the build takes longer as we are still sorting out our finances and this month is proving to be v. expensive as we have our tax bill. I tried to speak to our contact at Prime Overseas yesterday but surprise surprise he did not call back. It would just help to know a rough estimate for completion so that we can plan things as you kepp thinking that any day you may get a call saying its ready. We have been really fed up this week due to finding out how poor the pound is against the euro as it means we will have to find a few thousans pounds more. We should have reserved the exchange rate last year but naively did not think the pound would go down so much - oh well lets hope the build goes on a bit longer and the pound recovers.

Out of interest what has been the latest date you have been given for completion as we were told they expected to finish in December?

Vicky

Hi All 

I also purchased a two bed through Astra Bridge.

Quite frankly it been impossible to get a completion deadline from them or Developer . I hear the word "almost ready" but that could mean anything. Anyway I'm told that its electricity and water connection thats holding up the project. There is no furniture either or so I'm told. Pictures posted by developer are a joke. A door handle and a picture of some brown tiles!!

Martin

Hi Vicky

Many thanks for that info, I wil dig out my contract p/work and have a look for that. Graham

Hi Again,

Found a draft copy of my contract and it says:

'In case that the deadline for completion of the construction of the real estate, subject to this contract, has not been kept and this is not due to force majeure circumstances, the ASSIGNEE shall be obliged to pay a penalty amounting to 0.1% of the price of the incomplete part of the construction for each day of delay, but not exceeding in aggregate 10% of the total price under the contract'

Vicky

Hi all,

I was wondering why it was so difficult to get any progress updates from our agent as they must have known that things were behind. As for the penalty clause I am sure that I read something in our contract that does pay penalty money if late, however this is with our solicitor so I think I will contact them to check and let me know.

Vicky

Dexter, many thanks for all the information in your post. I will probably go skiing sometime in Jan/Feb (staying in hotel). Hopefully most of the work might be done by then. Would be interesting to know if we can claim any penalty clause though?

Graham

Vicky,

No I have no idea yet where to get all the items you mentioned. I'm sure when I go over to do the snagging etc, the estate agents will fill us in on whereto get all that. Maybe have to travel to Razlog or Blag....(cant remember the name). I did read a blog of a guy who hired a taxi for the day and was taken all over to get the bits. essential the driver speaks english though! If I find anything I wil let you know. Mine is apt 405

Graham

Hi Graham,

Pics look good thanks for putting them on. It should be very close now. Do you or does anyone else know where you are going to buy all the accessories from? Our apartment comes with a furniture package but not all the small items ie bedding, pots & pans etc?

 Vicky

Hi,

Have today uploaded some images received from my estate agent. They are of the following:

1. Exterior     2. Floor     3. Bathroom tiling    4. Door

Hi,

Have today uploaded some images received from my estate agent. They are of the following:

1. Exterior

Hi Vicky

Many thanks for the reply,  we all seem to be in the same boat, waiting for the call. I'm really hoping the complex will be completed during the ski season. I skied Bansko last summer and was pleasantly surprised. Mine is only a one bed apt, but really looking fwd to be able to use it in both the winter and the summer. Has anyone stayed in Bansko in the summer? If I receive any up to date info from my agent I will post it ASAP.

Graham

Hi Graham,

We are also waiting for any news. We have bought a two bed on the ground floor through Prime Overseas and the latest we heard from the developer was that they expect to complete in December and were waiting for Act 16 which I think is the certificate of usage. This was about a couple of weeks ago. I keep thinking that at any moment we will get a call or e-mail saying its done so we'll have to rush out there to check everything and then pay up.

Vicky

Hi

My name is graham, I have bought an apartment on the4th floor. bought with Asta Bridge, but am awaiting info on completion dates. Any ideas?

graham

Hi Vicky,

We've also been asking our agent for a date(Prime Overseas) ,but with no answer.We've also e-mailed the solicitor, but again no answer.

We're also on the ground floor A105,Hoping to go in January for a weeks skiing.Just got our fingers crossed!

Hi Brevin11,

Pics look good! Looks like its nearly done. Have you been told an exact finish date yet as I have asked our agents a couple of times now with no answer?

Vicky

Hi again,

I have just posted some photos of Aspen House which Prime Overseas have just provided me with. I don't know exactly when they were taken just told that it was recent. I have asked for more details about progess and will share with you when I have the info.

Vicky

Hi All,

My name is Vicky we have bought a ground floor two bed apartment in Aspen House. Not seen the building since we were there last November. Interesting to see last photo as the building now has a roof and windows look like they are going in! Love to see any more if anyone has them. We've been told that the building will be finished this Nov/Dec & thats not far off now, I will remain sceptical though as the original finish date was June. A friend of mine has also bought in Bansko & has recently received a penalty payment as her apartment was not finished by the date the contract stated. Wouldn't mind a pay out although if not finished by this ski season then all work will stop till the spring so it will be quite a delay.

Hi John,

On tuesday I am paying my second installment for Aspen house. My apt is on the 4th floor and i bought through Asta Bridge. i am in Bansko on 3rd March for a weeks skiing, will hopefully get some good info on the project then.

We have put down a deposit and are about to sign contracts and pay our first installment on a 1 bed apartment in Aspen House.  We have done this through Prime.

We would be interested to share experiences with anyone going through the same process, either in Aspen House, or somewhere else in Bansko with Prime Property Overseas.