Bad Community - Conflict of Interest

Good evening all,

We've owned our home in Gran Canaria since 2014.

We were new to ownership in Spain and like most we learn the ropes as we go along.

It turns out our president from 2014 - 2020 never once offered us an AGM. He is one of those people that can't be bothered with problems etc and ignores your attempts to fix issues every time. Out of 10 apartments he owns 6 of them. We have never seen the statutes / house rules in 10 years. When we had issues with his tenants he had zero interest. His only interest in us was to receive his annual price once a year, in cash. No accounts/reciepts for anything. Just prior to covid in beginning 2020 we decided to send a Burofax to this president, calling out his illegal operation. Following this action he quickly rescinded his presidency. At this time we did not realise that we were about to jump from the frying pan and into the fire.

So, in this community of 10 units is 4 owners. You have 2 Spanish owner, they are brother in-laws. 1 Norwegian owner and 1 English owner, us. After the previous president vacated the role in June 2020 and unbeknown to the 2 international owners a new president and administrator were elected. The two international owners were not on the island and there were zero flights in the air at the time of the AGM. The outgoing president had our phone numbers and emails, however nobody made contact with us to inform of the AGM, and no correspondence was in the post box in GC on our return. The administrator claims he placed the call for AGM in our post box. He offers no proof of this action.

This community is formed with only 50% of the vote present/notified. 1 being the outgoing president and other being incoming president. International owners (50%) were excluded from evening knowing. All conveniently deciding to not email or call us in the name of common decency.

We quickly establish the obvious relationship between the new president and administrator. 

For a start I'm not satisfied I've been denied a say in these two appointments of this newly formed community (June 2020). Definitely got off on the wrong foot with us.

We arrived back in GC again for vacation in August 2021. We quickly notice that a charging facility for a disability wheelchair had been installed in a common area, while also making use of community electricity. We questioned this action at the next meeting, the admistrator said they are allowed to undertake such actions in our absence. My understanding is a president might be authorised to install the charger without community of owners consent, but not the use of community electricity with community approval.

it is my understanding this president and administrator have both violated our rights according to Spanish Horizontal Property Law on a few counts.

Secondly, we had a theft in the building, my tools worth €3800 were stolen by the previous president and his son. We were the only two key holders and there was no forced entry. Door was locked after theft. This president has ignored around 80 messages from us, not a single response in his 43 months. His mate, the admin tells us he does not have to speak to us. The president has WhatsApp but he says he doesn't know how to use it....but he's knowledgeable enough to go into the settings and stop the blue ticks. The president is non existent, non visible and non contactable. How on earth do you qualify to be a president when you are determined to not be contactable?

In 10 years we have never seen or had displayed in the building the Statutes / house rules. We had smoking rules agreed 2 years ago and still not displayed or conveyed to their tenants.

There is a huge conflict of interest with the brother in-laws protecting their rental business of 6 + 1 units respectively.

There is more to this but i don't have the energy to finish, I'll update in tomorrow.

Any advice will be much appreciated.

You should report the alleged missing €3800 tools to the police and let them investigate if they have been stolen and by whom.

We have been to Gaurdia Civil 2 times and reported the issue. They have done nothing. Only two people have keys and no forced entry.....how is that hard to put together?

the Police are useless.....a waste of good money.

Unfortunately, you cannot appoint yourself as Judge and Jury. You will have to make a claim on your insurance and ask them to pursue the alleged criminal. 

The tools were stored in a service room that the former president gave me a key to use. I'm under zero illusions who has done this theft. And neither are they.

i'll say it again...the Spanish police are lazy and useless, and are an accessory to criminal activity in their ignorance and arrogance.

Illusions are not classed as evidence in a court of law no matter whose illusions they are.

If you are dissatisfied with the Spanish Police Authority you should make a formal complaint. 

We have been considering making a formal complaint to be honest...i think the concern is nothing will come of that too.

You have nothing to lose by making a formal complaint to the police, but if you cannot be bothered so be it. Your €3800 tools are probably gone forever and you have accepted that you stored them in someone else’s property where you cannot make an insurance claim due to negligence.

What further advice would be much appreciated?

Thank you for taking such an interest is this one particular point that i raised. Maybe if you read the other parts of the post you could offer quality advice on these matters. That would be appreciated.

On the same subject, it isn't an illusion when the daughter of former president tells me in a text message only her father and myself hold keys to this service room. That's a fact.

While I'm back in UK the tools are stolen from the service room. Another person does not own the room. Door is unlocked, tools are stolen, door is locked. No forced entry.

if you prefer to not offer comment on the other points thats fine.

Do you have this text message from the daughter of the former president to use as evidence? Will she testify in court that it is genuine or that it is an illusion in your head?

If you dislike the president, former president and administration you will have to canvas the other owners to support you to become the new president.

Alternatively, if the current president, former president or administration have committed any criminal offences in their duties you will need to engage a Spanish Lawyer to pursue a civil action in the Spanish courts.

Or if that is something else you cannot be bothered with, perhaps sell up and move on.

Yes we have the text message from the former presidents daughters phone on my phone.  Do you think she will willingly testify against her own father? 

A text message on my phone is an illusion in my head? How would you work that out?

We dislike thieves, this thief happens to be the former president. I have no interest in being a president, especially as we don't currently reside here permanently. 4 owners in 10 apartments is hard to go against 50% Spanish rental ownership.

We have pointed out some of what they have done in our opening post. We were hoping people on here would elaborate further if they believe criminal offences have been committed. 

Arranging a new administration and president without notifying 50% of the ownership being made aware is illegal?

facilitating the installation of an electric disability wheelchair charging point in common areas while operating off community electricity without any consultation with 50% of the ownership is perfectly legal in Horizontal Property Law?

i was bothered enough to ask these questions.

If you prefer to get clever with your unwarranted "dislike" and "cannot be bothered" remarks then you are not positively contributing. I prefer we stop wasting each others time. Any thoughts?

I have tried to help you, but unfortunately been unsuccessful. What advice do you actually want?

I do not know where your misplaced tools are.

If you cannot change the regime then you will either have to tolerate it or sell up.

Perhaps you should seek legal advice. 

We mentioned two important points in the first and last message but you offer no opinion on these.

I don't recall asking you the whereabouts of my stolen tools.  Misplaced tools?

We don't spend £820,000 on a home in Spain and cut and run. The thieves are 40 years older than us....only a matter of time.

We're discussing this with Abogado on Monday. 

We just thought by posting some of the important points on here that we would attract some opinions to assist in our efforts to combat the obvious conflict of intertest that is being forced on us by the Spanish conglomerate.

We all wish you well with your consultation on Monday with the Abogado. Please let us know all the details of the legal advice given.

Are you the admin on this site?  Who are the others that wish us well?
At this point you're the only one who has made comment.

Of course we can let you all know the lawyers advice. 
It's early days but I thought we would have had responses to some of the other points by now.

I wanted to expand further on the original post, it's looking like there's a time limit on editing as I don't see the option anymore. That's a shame as I can't update the whole situation now. 
 

I am not the admin on this site. I am sure all other members wish you well. What other points do you want a response to? You cannot edit a post once a new post has been added to the thread, but you can update it with a new post on the thread, so please do expand. 

You seem a very rude person and not someone I would like to live by

You seem a very rude person and not someone I would like to live by

You seem a very rude person the poster is only trying to help you 

The poster is only trying to help you