Unbelievable meeting

Last week saw an EGM, as usual it was lengthy for little result - that's just the way it goes - but this meeting takes the meaning of democratic to a new low.  A vote was taken, on what unexpectedly proved to be a contentious matter, and when the result displeased the President and some of the other owners, he paused the meeting to allow other residents to be called to join the meeting.  The discussions continued and then the President called a new vote on the same item, he and the administrator totally ignored the first vote.

Anybody else had to suffer this, if so did you challenge it?

Sounds like a bit of gerrymandering, or should that be geriatricmandering?

It does sound outrageous, but it seems in Spain democracy is still considered a newish concept. 

But looking on the bright side at least your President took the trouble to genuinely fix the result, rather than miscount the votes.

Are you not going to name & shame?

Presumably you can challenge by getting 25% of the electorate to call another EGM and vote again, but sounds like you'll have an uphill struggle in doing so.

Mmmm, I almost think a miscount might have been a kinder way to handle it - but thanks for the response anyway acer.

I'm on a search for a translator/administrator to have by my side in future meetings, or take my proxy if I can't attend, which I hope will send a clear signal that the actions last week will not be tolerated again.

Meantime I'm not going to name and shame, but if you hear of problems in a community near Alicante where an owner offers their house free of charge to a migrant family you'd know you heard about it first !

Didn't see this post soloyo before replying on your other trhead (but it doesn't really change what I said there). This does seem somewhat un-democratic...or does it? Sounds pretty much like the EU version of democracy to me. If a vote doesn't go your way....try, try again until you get the right vote! Isn't that how Ireland got landed with the Euro, and how Scotland will eventually become independent?

I can see situations where a vote may be overturned if there are not enough owners attending. Something that might have significant repercussions for the community being voted in by a small amount of attendees may not be a good thing. Some communities I know regularly hold their meetings with less than a quarter of owners there or proxies being sent in. 

The OP says this was a contentious issue. Maybe a good idea to have as many available as possible to avoid even more contentious problems in the future.

I think I'm just calling it sad, it's like watching kids being mean to each other in the play ground.  

I really have no objection to the locals running the place their way, in fact it may be better this way.  I do, with several others, feel like a red flag's been waved - everyone's upset at one British chap who hasn't paid a cent of maintenance since he bought the place 6 years ago, and now the rest of us foreigners are being tarred with the same brush even though it's far from true.

eso es la vida, pero no me va a dejar de disfrutar del golf, el sol y el vino

Six years without paying his community fees? WTF? I'd be a tad "upset" too. His property should by now be officially designated the 19th hole. Why on earth has the community not taken action?

I agree, why on earth has his debt file not been handed to a UK collection agency or a Monitorio process to place a charge on his property in Spain not been initiated?

Yes the Spanish still struggle with true democracy and they sure as hell hate being told how to run their affairs by us Invaders but they are normally quick to commence a legal claim, more fees for the linked lawyer.

isn't legal action against debtors voted on and approved at each AGM regardless who is President?

hugh_man and Roberto - absolutely we're all upset, especially as houses need painting externally and at this rate the 'oik' will probably get his nice and new looking, for his rentals, courtesy of the community's kitty.

Every year it's discussed, every year there's no conclusion because the Administrator (the x-administrator that is not the newly voted one) says it's not that easy because he's not resident in Spain and it'll cost so much money and blah blah blah.  Feel free to read your own interpretation into that !!

Sorry but that is absolutely crap advice.

your Community has at least 3 options against UK debtors.

1.use a dedicated UK debt collection agency such as Brooke Bates Partnership for a fee of course, their recovery rate is very good.

2. Use a UK lawyer specialising in collection of European Community Fees such as Welbeck who can issue a European Court Order that will be heard in UK High Courts and High Court Enfircement Officers can be employed to seize the UK assets of the debtor if he does not comply with the order.

Costs of all claims should and are 

3. You can't issue a European Court Order at the same time as a Monitorio process in Spain but any decent lawyer and it sounds as if you have spoken to a few would be able to talk you through the sometimes lengthy Spanish Monitorio process which will eventually be found in your favour unless they settle before all the added costs which you add to the claim.

Surcharges on non payment , if agreed plus legal costs of all claims should and are added in all instances.

hopefully the debtor pays up before he losses his assets or added costs get too high.

push to claim

A charge on the property can eventually be put in place by the Spanish Courts if necessary

We're on a whole different topic now hugh_man so this is my last response on collection of dues, on which score I agree with your comments  - many of us have pushed for this to be resolved for several years, even given similar advice to yours.  

The thread has now gone the whole loop and is back where I started - you can see what happens when we try to vote and from my other thread "Limiting who can be in position of President" you can see how the community feels about an invader in the high chair.

It all needs sorting, though I have no idea how that can be achieved when folk are so anti.