Can a Community function?

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15 Jun 2011 12:00 AM by juandos Star rating. 26 posts Send private message

 All the owners in my community are debtors - including the president.

The President - the developer has no interest in the running of the community and thus holds no meeetings. Of course if he did he would have to clear his debt!

The budget rolls over from year to year so the debt increases. The administrator continues to 'work' unpaid, but of course makes no waves because the major debtor is the developer and appears to be content to let the situation continue.

If we replace the President I am sure the Administrator will be quick to want his bill paid.

The owners (25%+) attempt to call meetings but President and Administrator fail to attend, and consequently refuse to sign the minutes.

With no leadership the community stagnates, we can not even get to the point where we can start chasing debtors - which needs a meeting to sanction!

Is there a way out of this ever decreasing circle?





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15 Jun 2011 2:20 PM by Faro Star rating in London. 1139 posts Send private message

It would appear the President and Admistrator are in this together - probably cousins - replace them!

 

 





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15 Jun 2011 3:09 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

Karensun´s avatar

Can you afford to see a Lawyer............that may be your best bet.

The Community is legally obliged to hold a meeting once a year, a properly conviened meeting. The Horizontal Property Law explains all this. You can read the English copy somewhere on this forum.

If your Administrator and President are 'in this together ' then you will need serious advice as to how to approach the courts to sort this out.

Do you pay Community Fees?



_______________________
  ' Do unto others as you would be done by'
   
         Now a non-smoker !  



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15 Jun 2011 3:12 PM by campana Star rating in Marbella. 474 posts Send private message

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I think, Juan2,  that Karen's advice is best.  It sounds like a nightmarish situation. 

 

Best of luck

Patricia





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15 Jun 2011 3:18 PM by Faro Star rating in London. 1139 posts Send private message

It goes something like this

Developer sets up community and apponts himself president

Appoints family member/friend as administrator

They both set high quota

Then enter into service contract with family member/friend (or another company of the developer)

Make residents pay for building defects (that the builder/developer should put right!)

 

 





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15 Jun 2011 9:40 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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And all of a sudden, I don't feel so bad about our community (and being president yet again!)

We sensed a situation almost exactly as Faro describes when the place was new (7 years ago) and so dumped the developer's chosen admin (sister company). It wasn't difficult because we are a very small community. However, I sometimes wonder whether we acted a little hastily, because if we had stuck with them for at least the first year, we may have had an easier time getting some of the snags sorted. Our situation was of course somewhat different though - every unit was sold. Ah, those were the days!

Juandos, I wish I had some useful advice. I'm afraid I've got nada, other than to try to sell and get out. Sorry.



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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16 Jun 2011 8:09 AM by mariadecastro Star rating in Algeciras (Cadiz). 9413 posts Send private message

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Regarding this: 

The owners (25%+) attempt to call meetings but President and Administrator fail to attend, and consequently refuse to sign the minutes.

It does not matter if the President/administrator do not attend. IF you convoke it legally and the needed quorum for decissions is met, whoever can draft the minuted and send them to President/administrator to be honoured and registered. If they do not take them, you can have judicial assistance on this.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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16 Jun 2011 9:42 AM by juandos Star rating. 26 posts Send private message

 I like your suggestion Maria.

Is there any time deadline in making this approach to the courts?

I know there is for appealing against published minutes - but these have never been published.





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