Co-owner or Not?

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07 Feb 2009 00:00 by 28sac Star rating in Walsall & Mallorca. 28 posts Send private message

 
Hi Everyone
In our community meeting of 2008 two owners volunteered to check the accounts for the year.
This has always involved looking at invoices to check validity, payments out, what has been bought in and all other financial transactions.
This year we have one English owner and one German owner in the positions, the English owner is in his third year the other owner is new to the task but knew what was expected of him.
He has not made any contact with the English owner and will not reply to his Emails even though there is no language barrier.
The German owner has passed all our financial information to his Son in Law (who is Spanish) who has taken over the task of looking at our private accounts.
He set up his own web site as an alternative to our official owners site and then pro ceded to post confidential figures and contracts for any owner who wanted to join his site to view.
The German owner tells us that his son in law is a Co-owner because him Daughters name is on his deeds, does anyone know where we stand with these points?
Does anyone have any views on putting confidential documents on Web sites without authorisation of the President?
Some owners are now saying that the so called Co-owner can not attend our meeting in April so this is also a question, Yes or No?
Thanks in anticipation,
28SAC.
 
    




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07 Feb 2009 13:57 by mariadecastro Star rating in Algeciras (Cadiz). 7925 posts Send private message

mariadecastro´s avatar

Owner is who is in the deeds, even maried, the property ( as bought by heis wife´sfather)  is not part of any communal regime in this case.

These alternative accountans and " kind-of-presidents" are illegal. Of course he can not make public that information which belongs to every and all of the legal members of this community.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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07 Feb 2009 14:23 by 28sac Star rating in Walsall & Mallorca. 28 posts Send private message

Thanks Maria for your expert advice,

Before i post on our own Forum can you confirm that the Son in Law

1    Has no Legal right to contribute or enter our meeting

2    Can not be termed as a co-owner by his marriage to an owners daughter.

Sorry to be a pain but i am sure that you understand that i want to be right in what i say to them.

Once again many thanks

28SAC   





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07 Feb 2009 19:03 by mariadecastro Star rating in Algeciras (Cadiz). 7925 posts Send private message

mariadecastro´s avatar

Dear 28SAC:

Please have answers below in bold green ( same text of your email):

Thanks Maria for your expert advice,

Before i post on our own Forum can you confirm that the Son in Law

1    Has no Legal right to contribute or enter our meeting-

2    Can not be termed as a co-owner by his marriage to an owners daughter. The property was bought by the father and he included her daughter in the deeds as a donation or did she pay her share?

 I have made a rethginking on the possibility of him being a co-owner:

Just if:

- She paid her share

- The property was acquired after the wedding.

- They got married in Spain, and

-They did not agreed otherwise,

 

he is a co-owner. Just if all the just mentioned.

Sorry to be a pain but i am sure that you understand that i want to be right in what i say to them.

Once again many thanks

28SAC   



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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07 Feb 2009 19:04 by mariadecastro Star rating in Algeciras (Cadiz). 7925 posts Send private message

mariadecastro´s avatar

Dear 28SAC:

Please have answers below in bold green ( same text of your email):

Thanks Maria for your expert advice,

Before i post on our own Forum can you confirm that the Son in Law

1    Has no Legal right to contribute or enter our meeting-

2    Can not be termed as a co-owner by his marriage to an owners daughter. The property was bought by the father and he included her daughter in the deeds as a donation or did she pay her share?

 I have made a rethginking on the possibility of him being a co-owner:

Just if:

- She paid her share

- The property was acquired after the wedding.

- They got married in Spain, and

-They did not agreed otherwise,

 

he is a co-owner. Just if all the just mentioned.

Sorry to be a pain but i am sure that you understand that i want to be right in what i say to them.

Once again many thanks

28SAC   



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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09 Feb 2009 16:49 by deniseatnycs Star rating in Sol Golf Nr Villamar.... 143 posts Send private message

deniseatnycs´s avatar

Hi 28sac

Think reading between the lines that you there are a lot of grey areas in this problem.

Firstly,  the President should have control of the accounts and receipts and I always find it safest to leave them in the offices of the Administrators, if owners want to check them they can it is not a problem but to let them out could mean they can be lost and never replaced.  We have a system where both the Administrator and myself have to sign for everything spent and this cuts out a lot of problems.

As far as I know and I am always pleased to be correct (best way to learn) the meeting is a public meeting and therefore you cannot ban anyone from attending.  If the property is owned by the German chap and his daugter (in the deeds) than usually only one or other of these two can vote or stand for any position in the Community not both of them and certainly not all three. Only  the people mentioned there own the property until the deeds are amendend.

Lastly, facts and figures concerning the Community are covered under the Data Protection Act (yes it does exist in Spain) your Administrator needs to check that both the Official site and the new one adhere to this and no personal data should not be published, with or without the permission of the President.  For instance.. is the second site displaying the details of debtors?   If so and they have not been proved debtors in a court of law they could be asking for trouble. 



_______________________
Denise



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09 Feb 2009 18:53 by 28sac Star rating in Walsall & Mallorca. 28 posts Send private message

Thanks Maria and Denise for your answers,

Our main problem as i see it is that none of our owners live in the complex, i am there 12 times a year and meet with the Administrator each time.

He has full control of all the financial paperwork. The German owner was voted for by the other owners to meet 4 times a year to check if paperwork was valid.

This is some thing that has always been done since the complex was built

This he has done but then passed various documents to his son in law such as invoices and he has published them on his web site to ask other owners if they think they are real or false, he also intimated on his web site that the Maintenance contractor may even have printed these invoices even though they were not his. This is just one of a list of intimations.

The majority of owners have registered their disgust with these people but i want to make sure that i have covered all angles with my replies before our Easter meeting and your experience is welcome.

Regards,

28SAC





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10 Feb 2009 23:09 by 28sac Star rating in Walsall & Mallorca. 28 posts Send private message

Hi Maria,

Our plot thickens as our co -owner tells us that this gives him as much rights as a full owner,

Any comment for us

28SAC

 

Código Civil, Capitulo V, Articulo 6

Los cónyuges son iguales en derechos y deberes





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11 Feb 2009 05:48 by mariadecastro Star rating in Algeciras (Cadiz). 7925 posts Send private message

mariadecastro´s avatar

 I would need to see the Notary deeds or the registry information to give to ascertain with full accuracy as I will be able to see there if the property rights of his wife are privative or marital. 

Do you have a property administrator?

 

 


 



This message was last edited by mariadecastro on 2/11/2009.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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11 Feb 2009 15:51 by 28sac Star rating in Walsall & Mallorca. 28 posts Send private message

Hi Maria,

Yes we do have an Administrator and i have asked him after your post to contact the land registery at our local town hall to get a copy of the deeds.

I hope that he will know what to look for,

Is it just the fact that the original owners daughters name is on the deeds? (this will then make her husband a co-owner)

Or do we need to look for something else,

Sorry for the delay in my reply but i am in a school with no access to this type of Web site during school hours,

Regards

28SAC





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14 Feb 2009 12:44 by 28sac Star rating in Walsall & Mallorca. 28 posts Send private message

Hi Maria,

I now have copies on the land registery and deeds of the property with the owner that is claiming that his son in law is a co-owner.

His Daughter was not married at the time that the property was purchased.

Can i send the documents as an attachment to you for your opinion?

Many thanks

28SAC 





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