All homeowners on Phase 2 might need to read this.
It would appear that Phase 2 have sacked the current administrator Romana and our elected president Pilar has resigned. From reading the Horizontal law 9Community Laws in Spain) this appears to be illegal. If you are familiar with the Spanish Horizontal Law then fine. If not I suggest you read a copy on the eyeonspain.com web site.
Extract taken from the Horizontal Law;
The President
He/ she is elected amongst all the owners, by election or, if there were no candidates, by turn.
The designation is binding. If the designated owner does not want to become the President, he needs to ask the Judge to release him from that responsibility, giving to the Court enough arguments for the exemption.
The Judge will designate, by a simple procedure, the owner who must replace him/ her until new election.
Solicitors are now involved. There is a possibility our current administrator Romana is threatening legal action against Phase 2. How many on Phase 2 are aware of the current situation. Has anyone voted on the changes.
We have a new president, how many knew about this or voted. I think we should all be concerned about legal action against us as a community. I don’t want to pay any legal bills, do you? The horizontal law puts phase 2 in a very tricky situation. You may have received an e-mail about electing a new administrator on Sat 23rd Feb. However, we can’t run with 2 administrators or pay for two.
This proposed meeting I believe cannot go ahead. We have seen no quotes for this administrator and surely we need to see at least 3 to compare and vote. It is unfair to ask us to vote when we have only one unknown administrator.
Phase 1 and 3 are working together but both are adamant they do not want to be involved with Phase 2.
I think all phase 2 homeowners whether living in Spain or not become more pro-active and not leave all the decisions to the committee.
Since becoming a community I have seen very little of agendas, minutes quotes and more importantly financial statements. I again suggest you read the Horizontal Law and put your views forward.
Surely we must wait until June before any of the above can be done.
It’s up to you!!!!
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