Saturday, November 7, 2009

2004-05-01

1/05/04--May 2004 committee meeting.

The court case against Escudero and co. Escudero's lawyer based their argument against Pepe on the fact that Pepe was not a holder of an escritura in his name. (Many of the legal documents for their house hold is kept in the name of Pepe's wife Antonio. This is a normal business practice for business men in Spain. And indeed sometimes in England) The lawyer representing Mi Sol asked how many escrituras existed on Mi Sol. The answer was approximately 100. The next question inquired how many legal owners are there on Mi Sol. approximately 265. If there are 100 escrituras and 265 owners on Mi Sol then plainly it is acceptable practice for owners to be recognized by private contract. This rather disqualifies the objections raised to Pepe's status as an owner.

The lawyer also raised the point with Jim Gwynne that one community fee entitled an owner to one vote. Not individual parcelas. The minutes of Escuderos meeting of February 2003 itemized the plot numbers counted as votes. Some of these numbers were second plots not attracting second community fees and not entitled to votes. Jim Gwynne's plot number 196, was mentioned twice in these minutes and counted as two votes in favor of Escudero.

Escudero's lawyer made inquiries about the web site and indicated that he would like to close it down.

The judge announced that her decision would be made in 15 to 20 days.

The president announced to the meeting that the Banco Popular account will be changed to a status that attracts interest on the balance which should help cover bank charges.

The treasurer reported that the bar tenant has paid 2500 euros towards his arrears. It was pointed out that this is without prejudice to proceedings to recover all arrears or terminate his contract.

Clara the estate agent who owns the apartment building on Mi Sol is being pursued by lawyers to settle her account and in relation to Mi Sol Land that she has helped herself to.

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