04 Feb 2024 12:52 PM:

Hi ads,

i have to say your input has been invaluable, your private messages too are greatly appreciated. I was beginning to lose hope of hearing someone comment in depth on anything else other than stolen tools.

To read comments with zero ego attached has been extremely refreshing to say the least.

A huge thank you for your input so far 👍

Thread: Bad Community - Conflict of Interest

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04 Feb 2024 12:03 PM:

Good morning ads,

The problem we notice here is finding a lawyer that does not mind going up against fellow countrymen while remaining 100% committed to the paying client. We've had 3 bad examples already in Gran Canaria. It does knock the confidence. Makes us want to explore options of serving court papers ourself.

How do you contact Maria de Castro?

Going off the HPL's again yesterday, we noticed there are many grounds for abuse of power.

for instance, the president did not display the rules / statutes in the building, never has done 10 years. After finding agreement re smoking rules 3 years ago we waited and waited for this rule to be displayed in the communal entrances. After 18 months a lawyer told me as VP you can display this agreed rule. We had some laminated posters made offering the smoking rules in Spanish,English, Norwegian and German if i remember correctly. We paid €6 for these, i deducted the €6 from my monthly fees and provided the admin with the receipt. The last 2 meetings they have tried saying i don't have a vote.

The rules state in the presidents absence, vacation or incapacity the VP has the rights to take care of situations such as this. This president could be all three of the above as during his term of 44 months he has ignored every single message we have sent him. He takes the role in order to protect the rental interests of him and his brother in law, while abusing the power in order to take away others influence. We returned to the UK, the other owner notified us the smoking rules we displayed had been removed. To this day we do not have any statutes / house rules displayed in this community. All to satisfy the 60% rental business of the 2 Spanish owners.

We have an illegal awning installed next to us, it takes our views. We have agreement in minutes stating it will be removed by such a date.....I'm writing this message while looking at this illegal awning. 

We have several instances where the minutes/agreements do not correspond with the reality. And nothing is done, no matter how many times you mention it. 

One massive conflict of interest.....all controlled by an unelected admin and president. If you're wondering why, it happened June 2020, beginning of covid. No notification to the two international owners, had emails/phone numbers but nothing notifying us. Zero flights operating. When we return to the island they stated a notice was place in the community post box for our apt. We found nothing. Admin says he placed them...we asked him to prove notification of service, he can't provide this.

Thread: Bad Community - Conflict of Interest

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04 Feb 2024 10:29 AM:

Cheers ads, finally we're given something to think about. We've read the HPL's a fair few times this last 5/6 years, and again last night. We have this president and collaborating admin on so many counts bad/unethical performance of duties.

We had the lawyer send Burofax to the admin 20 months back, admin plays dumb in order to ignore the questions. We're serving both this time. If they don't comply with the Burofax this time we will go the next step to the courts.

Just a few thoughts with regard to property owner protections against potential conflict of interests, which in turn act as adequate reassurance to purchasIng property in Spain ......

Maybe the legal question(s) to ask is does the Spanish horizontal property law restrict one owner of multiple properties on any given development to have only one vote with regard to proposed changes to the development?

Does the President or Administrator have a legal obligation requiring written proof in the form of email communications or alternative means of written communication ( to act as adequate proof in the event of challenge) to inform all owners of impactful changes upon which voting is required? Obviously this would depend upon all owners having to provide details of their preferred method of communication from the outset or upon amendments to such.

Do the development of owners as standard practice have to provide and contribute to "communal" insurance to cover amongst other things the cost of fighting illegal activities ( i.e. non adherence to horizontal property law)?
 

https://www.eyeonspain.com/spain-magazine/horizontal-laws.pdf

Thread: Bad Community - Conflict of Interest

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01 Feb 2024 9:38 AM:

Jules-Ben  I provided comment earlier as I thought you needed help as clearly your thinking was awry, but it seems I misjudged your motives. What exactly they are remains a mystery, but...there is an expression about taking a horse to water that comes to mind.... acer All you have done is try and belittle someone with your "smart" comments. You clearly believe I'm some kind of dick when writing your statements. In truth, over and above my own knowledge, you haven't brought anything forward that i could make use of going forward. Out of all the matters raised its only stolen tools that get a mention for some reason. If you care to offer comment on something else, be my guest.

Thread: Bad Community - Conflict of Interest

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01 Feb 2024 12:08 AM:

Jules-Ben - to have any hope of success in court you need to have some form of evidence, either proof of a theft, or responsibility for the lost goods by another party, be it liability under contact, at common law, or negligence or other relevant tort - but you appear to have nothing at all, presumably not even that the items were in the room in the first place? Acer, we have picture evidence, a text from the daughter/sister stating only her dad and myself held keys to this room means nothing too....the police asked for this evidence then did not follow up enquiries. Maybe you can forget about the tools situation as its the least important to us. If you like you can share your beliefs, opinions and feelings on the others items?

Yours is one of the flimsiest case I've heard of for many years.  Are the stolen tools the only point you can provide any comment on? 🤦‍♂️

Many years ago I had one that possibly competes - it was a simple road traffic accident where the would be client told me he wanted me to issue proceedings against the other driver for recovery of his losses etc.  He told me that he had driven into the back of another vehicle due to the fact that the break lights on the other vehicle weren't working.  Not a good start.  But I thought there must be more to it, so I asked this chap for the Police report or whatever he had to substantiate his case and his reply was "naaa I ain't got nothing like that as his car was all smashed up and probably to be written-off"!  You have a knack for attracting high end clients i see 👍

Quite weirdly he wasn't joking - some folk do have difficulty in accepting responsibility for their own actions.  For what actions do i have to take responsibility for?

Are you also staying with stolen tools or are you going to use all your expertise to comment on the other issues? It's your choice.....

Thread: Bad Community - Conflict of Interest

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