Court Appeal

Attached is a document given to me by the Leader of the other faction, a few days ago. It was claimed to show that Pepe is appealing to the Courts in Madrid, against a decision given by the Courts at Elche in September 2006. You will see it bears the signature of the Lawyer for Mi Sol.

In keeping with my desire to present you with facts rather than speculation, I took this document to an Official Translator. This was at my own expense.

Attached is the translation, bearing the Official Stamp., and a receipt for payment.

Because the original document contains four pages, I first discussed the contents of the document with the Translator. As you can imagine the majority of it contains Spanish legal preamble.
It was decided due to the high cost only to translate the most salient part, this is the paragraph marked on the original document. This contains 244 words at 12 centimos per word, so you can image the cost of translating the whole document.

The document would appear to be an intent by Pepe to appeal against the Court ruling in September 2006 , because it is claimed that the EGM called by the other faction, at which they elected a President and Committee, was not legal. I attended that meeting, and at the time agreed with it, because Pepe had walked out of the previous AGM, thus making that meeting null and void. He then refused to call an EGM until the following Easter, when many Owners wanted an EGM as soon as possible after the void AGM. Some interesting points arise regarding this document.

1. Why was it that the Committee or myself did not know this document existed until a few days ago, especially when at a meeting of some members of the Committee and Mi Sol Lawyers recently ( see previous post on this subject ), the Lawyers were asked to divulge the details of any court cases pending ? You will notice the document is dated 22nd November 2006.

2. Where is this appeal to be held? I was lead to believe it was going to be in Madrid, I see no mention of that. This is a question to be asked of Mi Sol Lawyers at the EGM next week.

3. When Pepe walked out of the AGM making it null and void under Spanish law, he refused to call an EGM until the following Easter, the reason he gave was, quoting from the translation, "the majority of proprietors were resident in the United Kingdom "... Why then has he called an EGM for next week with only a few days notice ? There was not enough time to send proxy voting papers by post to the U.k and have them returned by post in time for the meeting, thus preventing "a majority of Proprietors" from having a say or vote at the meeting on May 9th 2007. Of course those of you reading this can send your proxy vote by email, as mentioned in a previous post. Given these circumstances, I would urge all of you to take advantage of this, no matter who you wish to vote for you.