The new Vice-President “forgot” to mention during his presentation that he has been having a big debt to the community for more then 10 years!
It becomes extra strange that the new Vice-President was promoted during the meeting by the official assistant (Oficial Habilitada) of the Secretary/Administrator, who must have been fully aware that he is a big defaulter (Moroso).
The Minutes (Acta) shows that the new Vice-President is a big Defaulter (Moroso) with more then 5.500 EUR in debt to the community!
Why were the attendees at the annual community meeting on 9 April 2022 kept unaware of the fact that the new Vice-President is a Moroso with more then 5.500 EUR in debt to the community?
The new Vice-President is marketing himself as an IT specialist, but he does not seem to do particularly well, since he has been having debts for unpaid community fees for more then 10 years for his apartment (BL-4, _-_) and garage space (SOT-4, G-_):
| 31/12/12 | 31/12/13 | 31/12/14 | 31/12/15 | 31/12/16 | 31/12/17 | 31/12/18 | 31/12/19 | 31/12/20 | 31/12/21 | 29/06/2022 | |
| BL-4, _-_ | 3,173.58 € | 2.197,10 € | 2,956.15 € | 4,588.66 € | 5,033.73 € | 5,217.03 € | 5,493.81 € | 5,429.95 € | 5,356.99 € | 5,587.03 € | 5,552.05 € |
| G-_, SOT4 | 429.77 € | 580.64 € | 51.63 € | 13.40 € | 103.26 € | 0 € | 0 € | 0 € | 0 € | 0 € | 0 € |
| Tot. | 3,603.35 € | 2,777.74 € | 3,007.78 € | 4,602.06 € | 5,136.99 € | 5,217.03 € | 5,493.81 € | 5,429.95 € | 5,356.99 € | 5,587.03 € | 5,552.05 € |
Why appointing a “Moroso” as one of the Presidents?
It is not illegal to appoint a property owner who is not updated with the payment of the community fee, as long as this is not regulated in the Statues (Estatutos) of the community, but it is not advisable.
The function of the Vice-President is to fill in for the President when the President can not fulfil his/her duties.
The Statutes (Estatutos) of the community empower the President of the community to take legal action against Morosos immediately when payments is due. It is therefore the duty of the Presidents to take legal actions against property owners that have not paid their community fees in time.
How likely is it that the new Vice-President will take legal action against himself as a Moroso when he has to fill in for the President?
Why turning down another property owner as Vice-President?
There was another property owner that was willing to become a Vice-President and whom is updated with her community fees.
This property owners was supported by a big group of property owners that want to change the community to be run in a professional way. According to the Minutes (Acta) from the community meeting this group of property owners had the power in their own hand.
. . . la mayaría de este grupo de vecinos tiene la cantidad de votos necesarios para hacer todo lo que ellos estimen, . . .
(Acta – Junta General Ordinaria – 9 April 2022, page 5)
Why did the Administration promote a “Moroso” as a President?
The Secretary/Administrator is paid for managing the community, which include to facilitate that property owners pay their community fees in time.
It therefore becomes strange when the the facto chairman, Oficial Habilitada of the Secretary/Administrator, promoted a property owner with big debt for unpaid community fees to become a President of the community and declared that the administration would resign immediately if the other property owner, supported by lots of Power of Attorneys and who is not a Moroso, would be appointed as Vice-President.
Why giving Power of Attorneys to the staff?
The Minutes (Acta) of the annual community meeting show that property owners had given Power of Attorneys to both the Oficial Habilatada and the caretaker. Two Power of Attorneys had been given to the Oficial Habilitada of the Secretary/Administrator, and one Power of Attorney had been given to the caretaker, which made it possible for them to put forward suggestions and vote at the meeting.
It is not a good idea to give Power of Attorneys to people working for the community, since that gives them the right to vote on issues that is in their own interest, like their conditions, salaries, etc.
The Moroso as a new Vice-President was supported by both the Oficial Habilitada of the Secretary/Administrator and the caretaker. Those property owners that have given them Power of Attorneys have therefore actively contributed to this unwanted outcome.
It is only those property owners that did not attend the meeting or those property owners that spoke up against decisions that can challenge it legally. When giving someone a Power of Attorney, then one attend the meeting through someone else and cannot legally challenge any decisions being made, if the person representing oneself has not spoken up during the meeting against the decision.
It is advisable only to give Power of Attorney to someone for voting in a certain way in specific issues. Otherwise one is better off not giving anyone a Power of Attorney at all.
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Source:
- Minutes from the Annual Community Meeting ("Junta General Ordinaria") on 9 April 2022
Facts:
- elderecho.com - Presidente de comunidad moroso ¿inhabilita la condición de deudor de un propietario para ser presidente de la comunidad?
- www.administradoresdefincasms.es - ¿Puede un vecino moroso ser presidente de la comunidad?
- www.fimiberica.com - ¿Puede un moroso ser presidente de la comunidad?
- www.aideabogados.com - ¿PODEMOS NOMBRAR PRESIDENTE DE LA COMUNIDAD A UN VECINO MOROSO?
Related Articles:
- www.larazon.es - Presidente moroso: ¿Qué hacer si no paga las cuotas de la comunidad?
- Strange situation with Power of Attorneys
- The secret club of "Junta Directiva"
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