several neighbors of the luxury urbanization Cabopino de Marbella have filed a Complaint against the community of owners and its administrator -who is the wife of the former mayor of Mijas and president of the PP of the town, Ángel Nozal-, for which they judicially request the presentation of the accounts of the last 5 years.
The court summons is scheduled for this Wednesday at 10:00, in the Court of First Instance number 2 of Marbellalocated on Arias de Velasco Avenue, where the “preliminary steps to obtain documents from the administration will be carried out, since it is allegedly denied to us,” according to the plaintiffs’ lawyer, Antonio Jesús Doblas.
The lawyer has indicated that the former mayor of Mijas and current president of the local PP and future candidate for mayor of the town for the popular formation, Ángel Nozal, is “the owner of the Alcántara Service Center and his woman is the administrator of the community” Cabopinoassuring that “for many years he was the administrator of the community, he even put his wife in charge.”
Doblas explained that the act that is settled in court in Marbella “is like a request that you launch to the Court to prepare a future civil or criminal lawsuit” because “you need one documentation that is not in your possession, and that in this case the administration has”, in relation to the preliminary proceedings.
“The administration refuses -allegedly- systematically to give any type of informationespecially in writing, of the accounts, of the balances, of the debtors, of the owners, of the coefficients or of the invoices, practically nothing”, he remarked.
For this reason, the community proposes to carry out this procedure, since presumably “we have the legitimate suspicion that the accounts that are presented every year to the commoners do not reflect the accounting reality of the community”for which the court has been requested “a series of documentation, the judge estimating that it is appropriate and that there is a legitimate interest” on the part of the community members.
In this way, the order issued by the court, to which this newspaper has had access, indicates that the diligence contemplates “the community accountability showcase of the last five years, corresponding to the years 2017 to 2021 with the book of numbered invoices”, the “documentary justification and the delivery of the movements of income and expenses in the bank account in the name of the community” for the same period or the “delivery of the updated list of owners of the community with expression of the participation coefficients of all”.
Likewise, it is judicially requestedthe copy of the minutes in the minute book completed by the community of owners from 2010 to 2021”, the “delivery or exhibition of the representations delivered to the president and the administrator at the ordinary general meeting of November 26, 2021” or the documentary sample of the “history and validity of argos of the company Alfenugi real estate SL”, indicating that the representative of the community members acts as “proxy of the same to act as president of the community of owners Cabopino”.
On the other hand, the neighbors affected filed a complaint with the Tax Agency last July for alleged “events that could constitute a tax offense”, based on “the atypical income generated annually by the community”, according to the complaint, to which this newspaper has had access.
They stand out among them “the iRental income from common areas to business premises in this community”, and that supposedly it “has been collecting money for this concept without having declared the corresponding VAT nor make the corresponding personal income tax withholdings”.
In addition, the complaint points to alleged “rental income from common areas to telephone companies” by having “a fixed mobile phone antenna on one of the roofs of the community buildingswithout to date having been able to have knowledge of the specific company that exploits this area, under what conditions and for what amount of money as compensation”.
the alleged “ATM receipts” is another of the aspects included in the complaint, a document in which it is stated that there are several in the community that supposedly generate benefits “not related to the quotas” of the community members, and of which they are unknown “amounts” or “operating company”; as well as alleged “private contracts to owners of common areas beyond the control of the owners’ board and whose income is allegedly not declared either.”
Among those affected is the TV collaborator Aida Nízarwhich owns a home in the aforementioned community of neighbors, concentrating the urbanization about “approximately 204 owners”, Doblas has indicated.