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28 Jul 2018 10:13 by grandslam Star rating. 54 posts Send private message

Hi, need some legal advice on a matter, we own on a complex  and have recently found out that the president is on the sex offenders register  since 2011. Just wondering where we stand as a community and our right to ask him to step down or leave , people are very concerned for their families .

 





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28 Jul 2018 11:26 by paulsimkiss Star rating in Thailand & Spain. 58 posts Send private message

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You have posted on here in 2014 your objections to your ruling community administrators.

Everyone detests sex offenders but they exist.

Does the position of president pose any greater threat to families than a non president person on the sex offenders register?.  Not too sure what you mean by ask him to leave, do you mean leave your community and move to another so someone else is burdened with him? The only way to fully resolve the sex offenders issue is to either lock them up for life, which would be expensive to the taxpayer or bring back hanging.

It costs £80,000 a year to house a UK prisoner. There were 49,466 registered sex offenders in the UK as of 31 March 2015, the BBC reported.

 


This message was last edited by paulsimkiss on 28/07/2018.


This message was last edited by paulsimkiss on 28/07/2018.

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28 Jul 2018 12:04 by grandslam Star rating. 54 posts Send private message

The reason I mentioned he is president because he has access to cctv and communal areas, ,such as a spa and gym area, really was asking for proper legal advice on this matter because many residents have turned this into a vigilantism issue and are harassing the person thanks 

 

 





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28 Jul 2018 13:18 by EsmeraldaDizon Star rating in Alicante & Westminst.... 3 posts Send private message

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But wouldn’t any person on the sex offenders register have access to communal areas, such as a spa and gym area whether president or not. For legal advice just call the police and ask if he is committing any crime, it’s that simple, their advice will be more accurate than an EOS members opinion.

So it is others that don't want him, not you.

 


This message was last edited by EsmeraldaDizon on 28/07/2018.

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28 Jul 2018 13:31 by Mrsubby Star rating. 75 posts Send private message

I agree, I wouldn’t be happy with a president of that background, the person has obviously lost trust from the community, and as for CCTV, I think you mean he can also view the gym and spa areas usining this method?

if that’s the case then your right in thinking, what is the person up to behind the cameras and could it escalate 

Personally if your community is not happy then a vote of no confidence or similar at the next AGM would be in order, or just revote someone else in.

 

 





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28 Jul 2018 14:45 by paulsimkiss Star rating in Thailand & Spain. 58 posts Send private message

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I do not quite get this, what was the community doing in appointing him without carrying out a criminal background check in the first place. Clearly someone or more do not like him and have managed to dig up the alleged dirt. What difference does it make if he can see the gym and spa areas by CCTV, as a resident he is quite entitled to visit them areas anyway, unless the police say he is not in which case he would not be allowed access to the CCTV.

It would be interesting to know how you found him on the sex offenders register, as the public do not have access to it. Only the police can give that information out at their discretion to those who need to know.  

 


This message was last edited by paulsimkiss on 28/07/2018.

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28 Jul 2018 15:30 by baz1946 Star rating. 2163 posts Send private message

Are we to presume your president is a UK person, as in born and bred, if so how did he manage to move abroad, my understanding is they cannot move abroad without all sorts of permissions, and to sign on every year, which might have been the case, also as the time on the register is generally about 3-10 years,  dependent on the Judge, if this person is still on as in a life time term then they would have had to be someone in the public eye or done a serious sex crime.

 I do know Spain was going to form a sex offenders register like the UK's,  no idea if they ever did.

If this person is a Brit and moved to Spain to keep out of the public gaze might be a better then good chance it's because they still have connections within this type of crime, some of the perverts swop photo's around of kids and people in swimsuits

Fair to mention as well that maybe if this was a small offence like coming home tipsy one night and stopped of for a jimmy riddle in any public place and a person saw this who just happened to have, or be near a child, and got reported,  that can get you on the offenders register.

Of course maybe UK law means nothing if this person is a Spaniard, either way best to get the correct legal advice before doing something you might regret later on.

 





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28 Jul 2018 16:39 by acer Star rating. 1354 posts Send private message

The Sex Offenders Register covers a multitude of sins and you really need to know if the guy is a serious problem/paedophile or otherwise. 

A friend of my daughter was imprisoned and added to the register for having sex with a 15 year old girl.  It was consensual and she allegedly told him she was 17, but the judge sent him down anyway.  He's now scarred for life - his wife wasn't too impressed either.

For me you need to differentiate between different abuses of the law.  If's there's any involvement with kids/rape etc that's obviously a wildly different matter, but the law is an ass on occasions and I would say that more information is needed before condemning the guy completely.  It would do no harm for the guy to explain himself.





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28 Jul 2018 21:33 by nitram Star rating in castalla. 159 posts Send private message

I thought it was everybodys duty being in a community to be at sometime a presednt ¿, is there anything in HPL stating anybody with a criminal conviction, or any other offender as mentioned not allowed to carry out this position,As my time as president never seen or been told by a Administrator to carry out a CRB check from the UK or Spain, if this was the case it open the flood gates to people saying I CAN´T be president owing to a criminal conviction ¿





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29 Jul 2018 09:48 by Mickyfinn Star rating in Spain and France. 1839 posts Send private message

In Spain it is illegal for any person other than a police officer or registered Vigilant to view CCTV screens in a community or have access to them. The president of a community does not and should not have legal access to surveillance cameras.



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29 Jul 2018 09:48 by acer Star rating. 1354 posts Send private message

The HPL is a simple piece of legislation and leaves lots of unanswered questions, but I don't suppose this would be covered in many other countries comparable laws either.

But I wonder about this thread and the question raised.  If 25% of the residents really do share the OP's opinion they can quite easily call an EGM and move towards his dismissal.





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30 Jul 2018 19:29 by mariadecastro Star rating in Algeciras (Cadiz). 9284 posts Send private message

Legal Questions? Speak to Maria Direct

Horizontal Property Act  does not specify on legal records of the president. Initially, as a free person, he is entitled to be in that position unless otherwise proven. It is a delicate matter: you need to check how true that is and what type of crime, if any, he committed. It is also a matter of his rights to honor if that information is not true or accurate, so my advise is to deal with this in a sensitive way.



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31 Jul 2018 09:17 by paulsimkiss Star rating in Thailand & Spain. 58 posts Send private message

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Maria you posted on Community of owners and Data Protection compliance thread. How will the new data protection laws work in relation to this thread subject, naming the community President as a sex offender and telling anyone who will listen that the President is on the sex offenders register? It would seem the OP has appointed himself as Town Crier but now mysteriously gone rather quiet since asked to provide factual information on his allegations.

Are these new data protection laws truly enforceable by the average person or are they just some bureaucratic hobby from Brussels.

 



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31 Jul 2018 10:36 by grandslam Star rating. 54 posts Send private message

Thank you all for your advice, but as I said before was looking  for a legal reply, the information is accurate, it was in the press and contacted the police from that area to check, I have not broken any data protection as I haven't mentioned the person by name or the complex by name, the person in question is on the sex offenders register for ten years and his crimes were against a teenage  girl , filming her on secret cameras,so you can see my concern regarding access to cctv, 

 





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31 Jul 2018 10:46 by mariadecastro Star rating in Algeciras (Cadiz). 9284 posts Send private message

Legal Questions? Speak to Maria Direct

Public registries, as they serve a public, legal aim, provided they treat data in the correct way and in proportion to the purpose of the registration and publication, are not against Data Protection.

Disclosing said facts in a free and indiscriminate way can suppose an attack to the rights to the privacy, honor and own image of the registered subject.

As you can already imagine, it is an issue that must be dealt with on a case by case basis and under the prism of the legal guarantees of the laws that protect the honor, privacy and the image of the people

 



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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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