Bad Community - Conflict of Interest

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....

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.

Jules-Ben   Your summary is largely incorrect. But I did have a legal background many years ago working in civil law, but only a morsel of common sense is needed to realise that you do not have a hope in hell of winning, if you decide to litigate.

I'm not ducking the issue, why should I?  I would be delighted to help if I could - I've helped others in the past on EOS.  But I do not have any positive suggestions to make that will assist, you do not have a case.

For the last time - you are on a loser, forget the macho stance, put it down to experience and walk away.

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

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

P.S.

I wonder if Maria de Castro could answer the following concerns that this thread has identified in terms of the vulnerabilities that currently exist with regard to community of owners.

Could Maria please answer the questions that I posed in my last posting?

This reassurance would be much appreciated as it has the potential to address some of the issues that appear to be undermining community owners ability to resolve what appears as conflict of interests. Plus it also has the potential to educate those considering purchasing on a community and the aspects that they need to remain fully aware of in order to minimise such conflicts of interests.

Does the existing HPL adequately address these concerns? 

Many thanks.

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.

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 👍

You can find Maria's contact details from Costaluz website

http://www.costaluzlawyers.es/

It would be good to gain answers to my questions on the thread however so that potential purchasers or existing owners can remain fully aware of the protections that are currently in place and if there are realistic legal routes to gain accountability under these circumstances. But always with a view to using existing law as a means of adequate redress. DOES EXISTING LAW COVER AND PROTECT YOUR CIRCUMSTANCE?

Would a small claims court suffice in this circumstance? Would your financial outgoings be recoverable?
 

Good luck. 

Jules-Ben,

Is there an update you can share?  

I would be interested to know if you progressed matters when you have a moment....