21 Apr 2010 12:20 AM:

Well I am not a lawyer and certainly not an expert in Spanish community law although you seem to know quite a lot. I would still say the same as before though, if only 2% of the presidents representing 2% of the owners voted against this change, then I guess it must be for the benefit of most, if not all owners or at least deemed to be fair by the vast majority of owners at your resort. How many presidents do you have at the resort?

Whether a court would find in the favour of the 2% is I am sure debatable, as it will depend on legal arguments from both sides and, of course, the fact that the overwhelming majority of owners seem to be in favour of the change in the fees. Even if they did win such a case how unpopular would that decision be with the other 98% of owners, never mind the court costs!

So I hope the owners that are threatening legal action see the bigger picture and let your resort move on as a united community and do not drag you all through the courts for many years to come. Having a court case hanging over you would not a good advert for your resort at a time when it is difficult enough to sell property in Spain.

I wish you well with this situation as I am sure you would much rather spend your time enjoying the sun and your community than having to worry about a small minority of owners starting a court case.

 

Thread: Resort AGM

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20 Apr 2010 6:43 PM:

 

This was covered in a previous post where someone asked if the majority of owners felt that the fees were unfair then they could be changed by a majority vote. The quote is below from Maria.

 

 

2.  If the system for quota feeing does not seem fair, it can be discussed in a Community of owner´s meeting, just majority will be needed for the change.

Good morning by the way!

_____________________

Maria L. de Castro, JD, MA Lawyer

Director

 

 

As you had 98% of the presidents vote to change at the first Resort AGM and then this was agreed by the owners in the mini communities this year, then that sounds perfectly legal.

Also you mention a lot of upset and yet 98% of the presidents voted for the change so, I guess most were not too upset. If it is fair now according to 98% of the presidents and it only needs a majority of owners to agree and if that was achieved in the votes in the mini communities this year, then it all sounds okay. How many presidents does 98% represent? If there are 100 then 98 were for and only 2 against. Why were the 2 so against all the others?

Also you say:

"It is all a big big mess as those running things do not have much of an idea of the law and they are trying to cover themselves as it looks like some of the owners will take the resort to court to sue the resort for the illegal fees they have been charged". 

Is this your view or just hearsay. You need to remember that it is not easy running a community and perhaps you all need to support your president to get the debtors paying up of which you seem to have some big ones. As 98% of the presidents seem to support the changes perhaps it is the 2% that need to accept the will of the majority and move on. Court battles are expensive and will only bring your resort into disrepute! As for the debtors the Spanish courts are full of them at the moment so its very slow to get a judgement but it will happen in the end.

Hope it all works out for you and all the other owners.

 

 

 

Thread: Resort AGM

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