Mandatory Terms and Conditions applicable to the use of the Fastighets AB Anders – Ärlig apartments in Andalucia del Mar (hereinafter referred to as FAM).
- (Reviced December 2024, translated in March 2025)
1. The apartment
– The shareholder must always keep the apartment and the associated spaces and equipment in good condition and take good care of it all.
– When using the apartment, the shareholder is obliged to observe everything that is required to maintain the best condition of the apartment 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 on departure, the apartment must be left well cleaned and without any damage to the furnishings. Damage to the fixtures and missing household utensils items must be reported to the NAM office and replaced.
If the apartment isn´t properly cleaned, the cost of the cleaning will be charged to the person who left the apartment uncleaned. The same applies to damage inventory and to household utensils items that are missing.
There are storage rooms in the garages where owners can store private belongings. In the storage suitcases, plastic boxes and golf bags can be stored. However, a maximum of 2 packages per owner are allowed. A key to the storage may be purchased at the NAM office. There are also some lockers for rent and for these there is a separate queue.
2. Smoking and pets are prohibited inside the apartments
It is forbidden to smoke inside the apartments. Smokers are directed to the balconies. Consideration must be taken 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 for a shareholder. Costs for cleaning the apartment will be charged in full to the person who violates these Mandatory Terms and Conditions.
3. Key to the apartment
Lost and missing keys are a major problem which causes extra costs for lock replacements and increases the risk of burglary etc. Each shareholder must therefore only possess keys to the front door and the apartment’s lock, a total of three keys. 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 is available on the website, ”www.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 application must be received by NAM no later than three (3) weeks before the day of arrival!
Arrival and departure day is Fridays the week before the week of use.
Arrival may take place at the earliest at 2 PM on the exchange day. This in order to give time for cleaning and possible repairs, inspection of the apartment, etc.
The car can be disposed of from 2 PM.
Departure must take place no later than 09.15 AM, unless otherwise agreed with the service company NAM.
If the owner has not announced their arrival in time, they cannot expect the apartment to be available at the time intended or that there is a car available.
5. Own actions before arrival and departure
In the apartment there is a checklist with information about routines at check-out. This information is also available on the website. Furthermore, there is information with important phone numbers and manuals in each apartment. Other information about the responsibility that the user of the apartment has during their stay in the apartment and what measures the use must carry out when arriving and moving out can be found on the website. A form for requests for investments, repairs and more in the apartment is available on the website.
The user of the apartment has an obligation to assimilate this information.
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.
• Owners who need to borrow children’s things such as a bed, car seat, stroller etc. pick these up themselves at the office.
• Wash and clean according to the instructions found in the apartment before the move.
• Collect cushions from the balconies and secure the windbreaks in a contracted position before departure.
• Pick up the laundry bag at the NAM office no later than two days before departure.
- Leave extra issued keys as well as the car key in the apartment.
- Do not lock the top lock on the entrance door when departure.
The service company NAM can offer some of the above services. See the current pricelist. If assistance is required contact the NAM office.
If the shareholder/tenant does not fulfil his obligations according to the above, a special charge will be made from NAM for the measures they 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 on 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 must be contacted for a new agreement of time.
In case of emergency interventions, e.g. in the event of a water leak or an electrical fault, the service company’s NAMstaff 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 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.)
• Insurances
• Costs for electricity, cleaning, sewage, etc
• Repairs
• The maintenance, renewal of fixtures and textiles, etc
• Certain investments. (Major investments such as remodelling of kitchens and bathrooms are decided in a special order in consultation with the shareholders)
• Cleaning
• Costs for the board’s management, administration, accounting, auditing, etc
• Service office NAM S.L (that is costs for staff, administration, office, cars, cleaning, investments, repairs and maintenanceetc)
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 person who is the registered owner according to the share register. That person is responsible for paying the invoice.
The owner has the formal responsibility for payment towards the company.
The invoice/s -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, its fixtures and for damage to the car.
The responsibility applies to the own household and includes guests invited by the owner.
In the event of an illegal rental or lending, the same liability for compensation applies to the owner.
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. You find the keys for the car and garage in the apartment.
If the car is to be driven by someone under the age of 25, an extra insurance is added that is paid for by the shareholder. Contact the NAM office who will arrange this.
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 card for entering the boom barrier and the garage entrance, 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.
Before departure, the car must be washed and vacuumed. The car must be full of fuel and the oil, water and air pressure must be checked.
The service can be purchased through the NAM office.
At the end of the usage period, the car must be parked in the designated parking space no later than 8AM 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 fulfil 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 an apartment to used by 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 considering the availability of vehicles.
10. Grant of right of use
All grant of right of use takes place through the NAM office.
When the owner of an apartment does not have the opportunity to use his/her weeks, the apartment can be object for granting. Such granting may only be made via the owner page on the website, i.e when logged in to “andaluciadelmar.se”. The granting is only possible to shareholders in FAM or their close relatives. If close relatives are offered the grant of use of an apartment all responsibility lies on he shareholder.
The price for the use of an apartment is set to the current weekly fee for each apartment, excluding investments and additional fees.
When granting to close relatives, that is not a shareholder of a FAM company, the NAM will demand a service charge, including a kitchen cleaning.
The service fee must be paid by the user of the apartment and paid directly to the NAM office.
It is absolutely forbidden to rent out the apartment. All granting activity must be done through the NAM office and according to the terms stipulated in the contract!
11. Lending an apartment
When a shareholder himself privately lends out the right of use of his apartment, it is the shareholder’s responsibility to carefully inform the borrower 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.
The shareholder is responsible for any damage to the flat, inventory and the car. See also points 1, 2, 4, 5, 8 and 9 above.
The shareholder must notify the NAM service company through an arrival notification to give the borrower access to the keys to the apartment, a total of three keys, one for the front door, one for the top lock of the apartment door and one for the bottom lock. The keys are collected from the guard at the entrance of Andalucia del Mar.
Then lending the shareholder is fully responsible for everything in the apartment and the one who will be charged for aroused costs during the lending.
In connection with the departure the keys must be left in the apartment and will be picked up thereafter 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 (se below) of the apartment by the owner or by another person to whom the owner has let the apartment.
– When renting is being made in contradiction to what is stipulated in §10 and 11 above.
– 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, 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.
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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 FAM/NAM.
If the owner owes a debt to FAM/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 must 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: fam@nordicandalucia.com
The owner is always responsible for the sale of his shares. Requests for help with sales can be reported to the NAM office, in which case administration costs paid by the seller may arise. The amount of the fee is determined in each case by the Board of Directors.
14. Miscellaneous
These Terms and Conditions were adopted by the Board of Directors in February 2025. Terms and Conditions must be available on the website www.andaluciadelmar.se. Major changes in the regulations shall be announced at the next Annual General Meeting.
This is a translation of Villkor och Ordningsregler for the FAM companies. If there is a difference in the meaning or interpretation of the wordings in this Terms and Conditions compared to the Swedish version, the latter take precedence.
