The Court of First Instance number 7 of Marbella has referred to extrajudicial mediation the resolution of a conflict generated in the community of owners of the luxury urbanization Cabopinowhich derives from a lawsuit filed by several residents for alleged “irregularities” in the system of representation to vote in a meetingas well as the decisions adopted in it.
The lawyer for the complainant community members, Antonio Jesús Doblas, explained after the “prior hearing to the oral trial” was held this Thursday, that the judge “has suspended the procedure” and has indicated for the March 16, 2023 the date on which the parties must “agree” through this out-of-court procedure.
Specifically, Doblas has indicated that in February of this year several residents of Cabopino filed a “challenge request” against the community, with the purpose of “declaring the nullity of the owners’ meeting and the agreements adopted therein, on November 26, 2021”.
The lawyer has indicated that the lawsuit challenges the “representation” of the president of the community in said meeting – that “he is a proxy of a company that is the presidency” -, where “Between companies and individuals, it had 51% with 55 votes.”
Thus, he has pointed out that “yes myou add the quorum of the votes -voting-, you manage the meetings because you can approve what you want by always having a majority, and that is what we have been denouncing”, lamented Doblas.
As indicated, these representations allegedly present “irregularities” in the “formal requirements” for aspects such as “the date of the call, who has to come”, authorizations “without a date of the meeting” or “before” the call, “some have an unreadable signature” or “signature of companies, when they have to be represented by an administrator”. At this point, she has indicated that “the administrator -of estates- would have to corroborate that these representations are not valid” and she “has accepted them”.
In this way, it has highlighted that supposedly with this form of representation when voting in the meeting, other aspects were approved that have also been challenged in the lawsuit, such as “the accounts because we are not given information on what is entered and spent in the community, nor of bank movements”, so “we have doubts that the accounting reality is the one that is presented in the meetings”, in addition to the expenses.
On the other hand, the complainants have challenged that allegedly “there are owners who are delinquent and a kind of legal fiction has been made so that they can vote at the meeting, but that they are really debtors”, as well as “an agreement where a series of debts to community premises are forgiven” supposedly, that you have valued at “about 40,000 euros” without “the permission or knowledge of the community.
For his part, he lawyer of the community of owners of CabopinoJose Maria Hinojosa, has declined to comment in this regard, alleging that he does not have “the authorization” of his client, although he has assessed that the mediation is “positive”.