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Community charge - any advice?

Community charge - any advice?

Old Nov 14th 2018, 7:29 am
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Default Community charge - any advice?

Here is the summary of the situation I find myself in.
Some 5 years ago I bought a resale holiday home. My solicitor organised all the direct debits, including those for the community charges. They've been paid without fail twice every year.
This spring, visiting the house after a long period, I found my mailbox stuffed to overflow with official looking letters addressed to a German guy I never heard of. Contacting the sender (name and address on the envelopes) I understood what has been happening apparently since 2016:
The management (and Spanish president) of the community have been challenged and in a GM, barely attended, a new management has been voted in (Irish president). Subsequently they went to Court, several appeals (most recent one last month - which I understand decided against the appeal on the legality of the GM), and apparently a trial which will take place in Feb next year.
This week the new administration held another GM (attended / represented by 22 owners out of approx. 170) in which they decided on a) 20% increase on the fees not paid to them, b) 100 euros for each registered letter asking for money and c) to take legal action against the "debtors".
According to the minutes I just received, it was also proposed that the new president should receive a "gratification" but in the end this was postponed for the next meeting.
Personally I thought (and twice advised the new management of this) on not changing my existing arrangements (i.e. the DD going to the "old" administration) until the Court makes the final decision in Feb. Please note that according to the "approved list of debtors" attached to the minutes, there are approx. 120 "debtors", myself being one.
What do you think I should do?
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Old Nov 14th 2018, 8:28 am
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Default Re: Community charge - any advice?

I would look for a good lawyer and I'm going to surmise that will be the response of most people.
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Old Nov 14th 2018, 8:46 am
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Default Re: Community charge - any advice?

Originally Posted by mfh View Post
I would look for a good lawyer and I'm going to surmise that will be the response of most people.
Well, of course I thought of that BUT:
1. A lawyer costs money and I can't see why I should waste money when I don't think that personally I have done anything wrong.
2. Both parties, old and new, send us letters to say that they are the "legal administration". It makes sense to me to wait until the Court decides once and for all.
3. The "old" administration sent us proof that they continue to pay the water and electricity bills for the community. So, what is the "new" administration paying for?
4. Both parties, old and new, have lawyers to represent them and I would like to know who is paying for these lawyers and from what funds?

22 owners of 170 that's 13% supporting and paying the new administration. Not that I'm supporting the "old" one, I'm just on the fence until the mess is cleared.
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Old Nov 14th 2018, 4:58 pm
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Default Re: Community charge - any advice?

Originally Posted by minouette View Post
Well, of course I thought of that BUT:
1. A lawyer costs money and I can't see why I should waste money when I don't think that personally I have done anything wrong.
2. Both parties, old and new, send us letters to say that they are the "legal administration". It makes sense to me to wait until the Court decides once and for all.
3. The "old" administration sent us proof that they continue to pay the water and electricity bills for the community. So, what is the "new" administration paying for?
4. Both parties, old and new, have lawyers to represent them and I would like to know who is paying for these lawyers and from what funds?

22 owners of 170 that's 13% supporting and paying the new administration. Not that I'm supporting the "old" one, I'm just on the fence until the mess is cleared.
Stay sitting on the fence until a court takes the decision. Remember in Spain debts over 5 years almost impossible to collect and the judiciary is very slow

PS Most Community rules are written around AGMs with first and second call ( an hour apart )- even if there is no majority of owners present at the second call the decisions of the meeting can be validated by a majority of those present, however few

Last edited by Loafing Along; Nov 14th 2018 at 5:01 pm. Reason: Additional Comment
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Old Nov 17th 2018, 11:34 pm
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Default Re: Community charge - any advice?

If you think that the 'old' administration is legitimate and were usurped by an illegal AGM (note only the incumbent President can call an AGM) then suggest to the President that another, legal, EGM is called and ensure that the legitimate administration has sufficient proxies to carry the day. (or vice versa).
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