A neighbor of Torremuelle, who has paid the community fees for 25 years punctual, sends an interesting letter to the Board

A neighbor of Torremuelle, Mr. S. H, asks us to publish a letter which he sent to the Board.

He sends his second letter to the Board of urbanization and he reminds the board's responsibility, both legally and financially.

According says Mr. S. H., "the Board and the President has no right to just try hide behind some law on general assembly only once pr. year and believe that other fellow members of urbanization for unintelligent. Urbanization is today without control and it's new and extended contracts that are not General Assembly approved. This can and should receive financial consequences for the entire Board. Unless the board understands it is sad for them, but others should not pay for their stupedety. With regards to payment, I have paid for 25 years punctual, I have for years paid for Q1 2015. Notice that the accounts for 2012-2013 does not contain any kind of assets. The law dictates that it should be listed assets, although these are written down to 1 euro. Where is the value of office and computers. Kamran argues that urbanization own garage in Torregebrada, it must have a value of more than 1 euro. As a basic prinsipp, If the Board does not have anything to hide , they would have complied with the statutes".

Coming up next, we transcribe his letter:

To the board of Torremuelle, inclusive J. A. L. Administrator Comm. Gral. Property Owners Torremuelle.

Your letter as I received I disagree with, since it is contradictory to the reality. To make it clear, it is not the president of an urbanization, who can do, what he / she wants. The rules are the valid statutes. The Spanish law overrides the item in conflict with the Spanish law, and nothing else. The general assembly can delete part of the statutes as long as this is not in conflict with the Spanish law, and is a benefit for the participating member of the Urbanization. The board cannot add other item or opinions into this statute

You write that in Spanish law the call for the General Assembly with a minimum of 6 days’ notice. I emphasize that this is a minimum and not maximum.

Please refer to the paragraph in Spanish law that says we cannot have general assembly within the yare first four months. Likewise, view of the law that says you cannot have 28 days’ notice for a general assembly.

If you cannot provide such a clear law, the statutes regulate when the general assembly should be.

The General Assembly is the Urbanization its highest governing body. The General Assembly has not given consent to any use of any money. In the real world, no one can spend money they don’t have.

Accounting is control of the used finance previously supplied according to previous approved budget. The budget is a statement of estimated income and expenses for the urbanization. It involves what is available of finance in terms of income, likewise shows why and for what the finance is needed.

If the board decide to use money not approved by the general assembly, they have made decision for their own account and risk. The rest of your considerations regarding finance falls on its own absurdity. Insufficiency, insolvency, bankruptcy, is the wording used for financially situation. This urbanization can be in one of this situation if someone has created depth, they cannot clime this cover with finance from a not existing budget. Then this urbanization can be, as many other urbanization, in deep shit.

Remember we are not jointly liable for not approved money used without proper approval by a legal general assembly.

Residents in this urbanization has not solid responsibility or is in not jointly liable for debts other than their own part of a correctly approved budget.

I has to remind you that it is about 600 000 Euro outstanding. The Urbanization has up today, been able to fulfill their entire financial obligation. This based on the fact that us, who has paid promptly, has been overcharged. This for financing the lack of payment from other.

I will quote from your email:
“Finally, there is another important point in your mail. The proprietor’s duty to pay the community charges is not depending on approving a budget. Imagine that a country Parliament never approves the next Budget: Would the country stop the activity, avoiding collecting taxes and paying the public services? Obviously not. It is just the same with our community of property owners. The pool is working, the gardens are carefully maintained, the receptionist earns her life and the Social Security collects its charges, the lights are switched on in the nights (despite the Town Hall is not paying the invoices),… Any owner in Torremuelle has the legal duty to contribute to the common expenses with his/her coefficient, and this is also the basement to keep on with the services and joined”

By this argument, you shows, or ignore your knowledge of the General Meeting exclusive rights.

The right to approve or reject the accounting for outgoing year. Likewise, it shows that you do not understand the General assembly’s exclusive right to modify and eliminate both investment and costs in a budget.
The board has only the right to operate within the limits set by the general assembly and Spanish low.

The board has only right to propose a budget. The general assembly has the exclusive right to decide.
If the General Assembly does not provide high enough financial framework for the board to operate as the Board proposes. The board must cut the costs so that they reach the requirement set by the General assembly

Today there are about 8 months ago the year 2014 was over. It is not yet held any general meeting and thus no approved budget for the year 2015

No one is obligated to pay any amount for something that is not even proposed.
To pay a share of something that does not exist is no one’s obligation.

With best regards

S. H.