2004-05-21-Court Judgment

Residents Information Meeting 21/5/04 VIEW JUDGMENT

Pepe held an informal meeting where present owners were invited to attend in order to inform the community of the Judges sentence following the court case against Antonio Escudero and party.

The intention of the court case was to legally nullify the EGM called by Antonio Escudero on 22nd February when he appointed his own committee and himself as president.

Having established this fact, the case was to validate the EGM called by Pepe on 5th April 2003 where he submitted himself for re-election and in the absence of any alternative candidates presenting themselves at that meeting, was confirmed as legal president up to the AGM of 2003.

Pepe informed the meeting that the judge upheld his position as president of Mi Sol until September 2003 AGM (The acts of which once again confirm him as re-elected until 2006)

The president informed the meeting that following this judgment, our money that was frozen illegally can now be returned to us and steps will be taken to speed this up.

The meeting asked if once the money is back in our control, can we then continue with our program of improvements to the site which was halted by this dispute. We hope to be able to finish off the roads and pavements now.

The treasurer pointed out MI Sol has suffered greatly due to the delay in this court hearing. Antonio Escudero may have had some defense for considering himself president if he considered the legal advice he received sound. With the benefit of hindsight he must surely recognize that his legal advice was flawed. If he had recognized our EGM and attended he could have submitted him self to the community for DEMOCRATIC election. Their legal team advised them not to attend. We now know for sure what we believed to be the case. Antonio Escudero has never been president of Mi Sol. He had no legal right to attempt to gain control of our Caja Murcia. No right to establish control of The Mi Sol Cam Bank Account. No right to collect money from owners. Once having collected money in the name of Mi Sol Community Of Owners. He had no right to spend it!. The office of Juan Lavado has no legal mandate to collect money on behalf of Mi Sol Community of Owners and no right to receipt these owner payments with a forged Mi Sol Stamp.

As mentioned, there may be some defense for these actions before the judges decision in the atmosphere of confusion caused by the delay. But that defense absolutely does not exist now. Antonio Escudero must turn over all collected funds to the treasurer along with Details of owner payments and justifications for any expenses that he has sanctioned during the whole period that he considered himself president.