10 Jan 2012 18:41:

Ladies and Gentlemen,

David Nicholson has laid out the cold unpalatable truth, clearly and concisely for all to see.

My personal thanks to him for clearing up so many enigmas.

There is a law in Spain and it does work, everso slowly, everso costly, everso painfully.

The question is:- Do we have the time and money to persue it?

The answer is:-  CAVEAT EMPTOR (you pays yer money, you takes yer chance)

Back to the sunbeds folks this party is over.

Cheers

Leo

 

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09 Jan 2012 10:29:

 YES Please an alternative debt collector would be much apreciated.

The Kettle seems to have gone to ground. We don't get any response anymore.

He did great work initially to clear up a bunch of small debts but the big one is still at large.

There is an international firm called INTRIM Justicia. Alas they will only work directly with companies.

So your Administrator must register with them (in Madrid). Once registered they can use them for any case.

Including all other communities on their books. there is a charge but for small amounts it is minimal.

Spread over many owners in several communities it would be pennies.

Only for huge debts is there a more substantial charge (I think 10%).

It seems a good bet for Administrators to engage them, but my experience is that Administrators never seem to be over anxious to collect community debts. (Haven't yet figured the reason why) probably cost. Hmmnn...

Cheers

Leo

 

This message was last edited by leoleon on 09/01/2012.

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09 Jan 2012 10:01:

 Yes, of course Claire is correct, but what SHOULD happen and what DOES happen are two very different things.

When a vendor sells or indeed is forced to sell by the mortgage co. or bank, the only other person involved is the Notary.

It was always my understanding that the Notary should inform the community Administrator of the sale.

I was advised that this is only necessary if there is a debt to the community.

My question was " How does the Notary KNOW of any debt?"

I was then told that IF the purchaser accepts ALL debt liability, then the Notary does not need to advise the Administrator.

This transaction seems wide open to abuse from my point of view.

In the case I am discussing the bank repossessed, but we as a community did not know of the repossession.

We had no idea that the owner, whom we never saw, had relinquished ownership.

We had no idea who the new owner was. Naturally they wanted to remain below the parapet for as long as possible.

In this scenario it is quite impossible for the community to recover outstanding fees.

The system is unclear and appears to be unregulated. (assuming always that the administrator is being honest)

I suspect under the present situation in Spain or indeed Europe, there will be little change in the foreseable future.

All that can be done is to keep on trying and never give up. 

I hope someone can prove me wrong, very soon.

Cheers

Leo

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14 Feb 2011 11:21:

Oops !! my apologies.. I pressed the wrong key..

Cheers

Leo

EOS PLEASE DELETE!!!

This message was last edited by Leoleon on 14/02/2011.

This message was last edited by Leoleon on 14/02/2011.

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13 Feb 2011 18:27:

 Horrendous reading folks but glad to see there are some of you with solutions.

It seems to me that once our properties are past the first hurdle of dubious developers, the next three main problems are:-

1- Unscrupulous Administrators..... (usually provided by the dubious developer in the first instance.)

2- Ineffectual Presidents.... (often thrown into the job without any previous experience or preconceived notion of responsibilities.)          

3- Apathetic Owners.... (who couldn't care less, just so long as their property still stands and the sun shines.)      

A caring, open and transparent administration, a dynamic President and responsible owners can make living is Spain a delight.     If we are very lucky we can get the mix on the favourable side but as we all know, we are not all so lucky.                                   

There are now a very few  Administration Companies that put ALL documents on line. That means that any Financial Statement, Document, Transaction, Contract or Invoice is available to ALL registered owners at ALL times from ANYWHERE.                               Now that's what I call open and transparent administration. I just hope the common sense spreads rapidly.

No more waiting for the AGM, to be enlightened on financial issues, or worse, fudged over at the AGM, then waiting for the minutes to read what the administrators thought was happening, so that it can be brought up at the following AGM. That's two years to resolve a perceived financial problem. This is always assuming that the President is sitting on his laurels, oblivious to the problem.

Perhaps an EOS repository for listing both good and bad administrators might not be a bad thing.                                                     What say you Justin?

Cheers

Leo

 

 

                                          

 

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