Meeting with Lawyers continued.

It was asked why a Spanish Lady Owner had been taken to court for debt to the Community a second time for the same amount. The Lawyers explained that the first hearing had been refused because the names of the Lady in question were written on the Court Summons in the "wrong order" This had now been rectified and the case won. The Lawyers said that they could only present the case with the information they had been given by the Community, if names had been given to them in the wrong order, or spelt incorrectly it was not their fault. This argument was accepted by those of us present, but we wondered why this had only been revealed to us after two years, why had we not been told about this before?

There are several Owners who have Court Judgements against them for debt to the Community who have not paid the amounts levied by the Courts. We asked what is the next step in these cases. The lawyers explained that if they refuse to pay the next step under Spanish Law will be to embargo their Bank Accounts, more drastic actions can be taken by the Courts in the event the former step is not effective. It is worth noting that whilst the legal process may be slow, once started it does not stop until the debt is recovered.

The question was then asked, what action was being taken against certain members of the Community who claimed to be the Governing body of the park, issuing documents with false identity numbers which is a criminal act. The lawyers explained that several people had approached them willing to testify against these people, but were too frightened to actually sign the papers required to start the criminal proceedings.

We explained that we were required by the Guardia Civil to supply the names, addresses and identification details of all persons living in rented property on the Park. One person who owns the apartments, and caravans opposite, has refused to give us details of her tenants as required by the Guardia Civil. This is particularly relevant given the recent problems with a Spanish youth living in one of her apartments, and more recently burglaries of properties witnessed by some owners, carried out by some recent tenants living in the Caravans.
We were advised to contact the Guardia Civil and let them deal with the Owner directly.

We were advised that this owner has lost the appeal against the Court judgement she received for debt to the Community and has now paid in the region of 13,000 Euro into the Court account at Banesto Bank. We expect to receive this money from the Court in about four weeks time.
This money is in respect of the apartments, the legality of claiming against her for the caravans is still being investigated by the Lawyers. The question regarding "rights of access " through Mi Sol to the caravans, and the parking of cars by her Tenants on the Mi Sol Roadway is also being investigated. Whilst many of her Tenants are decent law abiding citizens, some of them are less desirable and causing problems to Owners that we can well do without.

The lawyers were asked to send letters to various owners who are using Mi Sol land, that whilst they can continue to use the land they are reminded that it still is Community property and therefore must not attempt to claim it as their own.
The Lawyers explained that under Spanish Law we are not allowed to do that. We must either claim back the land from these owners or sell it to them. Any letters sent to them on the subject must be by Certificated mail. Photos and plans of the land in question will also need to be supplied to the Lawyers.

Alberto explained that he had attended a meeting with the Administrator representing the other faction. They demanded three things in order for them to stop their campaign.

1. Pepe must resign.
Over the past three years I have attempted to negotiate a settlement with them. Both their former and present leaders have always insisted that as long as Pepe remained president they would continue with their actions and Court cases. They have at least been consistent on this point. Alberto told us that Pepe did not wish to be President any longer but was staying on the advice given by the Lawyers. This point was discussed in the last post.

2. We accept any payments made to them by Owners were legitimate.

3. We write off all debts incurred by them.

With regard to the other two conditions, the point was forcefully made that there was no way we could even consider accepting such demands given the enormous financial and social damage this group have caused the Community.
I explained that the only possible way any negotiations could even begin, was for the other faction to produce true, legal and accurate accounts to us, showing who paid them and what the money was spent on. Despite several promises by their former and present leaders to show me such documents, this has never happened. They also agreed to this at a public meeting on the Bar terrace in October 2006. In any event the proposals and details of any possible agreement should be put to a General meeting for all owners to vote on.