viernes, 3 de mayo de 2024

Questions to be answered

Versión en español

On April 16, 2024, an Extraordinary General Meeting of the General Community of Hacienda Riquelme was held to elect the new Board of Directors of the resort and revalidate the secretary-administrator (see communiqué 59).

On April 18, 2024, another Extraordinary General Meeting was held. Two weeks later, on May 2, the 1864 owners received the minutes of this meeting with the decisions made by the 8 phase presidents (see communiqué 64).

The minutes contained 17 important, diverse topics of great interest to all owners. However, assuming presentations and discussions on each of these topics, the minutes appear to represent an extremely short summary of outcomes rather than representing the subject matter in depth. One of the items was to report on the evolution of the budget, so the minutes were accompanied by a balance of the budget as of March 31, 2024.

Los Estorninos Homeowners Asociation considers that the former minutes do not answer questions they had raised and sends us this communiqué:

According to article 17 of the Statutes of the Community of Owners of Hacienda Riquelme, "The Board of Owners (or Board of Directors) is the supreme deliberative body of the Community and will be composed of the Presidents or persons specially designated for this purpose by each particular community under the horizontal property regime -ordinary or tombada- of independent plots constituted under such regime". In accordance with this definition, the current Board of Owners is made up of the following members:

  • 8 Phase Presidents, one of whom serves as Resort President. They are currently all British nationals and are assisted by:
  • A Secretary-Administrator, of Spanish nationality.
  • A Legal Advisor, who is paid by all the owners and has been hired to supposedly look after the good of the Community.
Returning to the Statutes, article 26, point 3, section N says that it will be the specific function of the president "to inform by means of circulars to all members of the Community on a semiannual basis, at least, of its management, the activities of the Community and any facts, situations and aspects that are of interest to Owners. Said reports will be prepared in Spanish and translated into the four majority languages of the owners". For all of the above, WE DEMAND THE PRESIDENT OF THE RESORT TO CLARIFY US ON ALL OF THE FOLLOWING POINTS:

1. DEBT OF THE GENERAL COMMUNITY WITH THE SUBCOMMUNITIES

The General Community acknowledges that it owes the sub-communities €1,358,539.53 (see communiqué 53).
This means that each owner has overpaid around 1,358,539.53 / 1864 = 729 €.
Why has this mismatch occurred and when will be anomaly be addressed?

2. ACCOUNTING IRREGULARITIES

The audit of the accounts of the General Community as at 31/12/2021 warned of non-compliance with accounting principles and criteria. We have no news that these have been corrected. Nor do we know anything about the audits for 2022 and 2023, have they been carried out and what were the results?
The administration of the resort is irregular and opaque to the owners and their interests. Errors are detected and denounced but not corrected. What is happening with our money?

3. BUDGETS APPROVED WITHOUT FINANCIAL REPORTS

The General Community budgets for 2024 have been approved without the financial reports for 2022 and 2023.
The resort's administration is once again showing a patchy performance. It is not possible to make a budget without detailed information on what happened in previous years.
In addition, Los Estorninos Homeowners Association has denounced unaccounted for items. Very high fees are paid and managed by an administration under suspicion.

4. PLOTS ACQUIRED BY THE COMMUNITY OF OWNERS

There are three small plots, C2, C3 and C4, which the Community of Owners acquired in 2016 (see communiqué 55).
This acquisition should have been communicated to the owners, which was not done.
Furthermore, a lawyer has pointed out that the Community of Owners does not have legal personality to acquire these assets.
The statutes should also have been amended to reallocate the shares in the community, although their relevance is minimal.
More details in the text below (click to enlarge).
Related posts:
A key elections
Los Estorninos Homeowners Association

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