No Owners have seen these contracts
Some of you may know that I have been trying to obtain copies of various service suppliers contracts since they were supposedly and illegally "ratified" in the 2022 AGM. These contracts relate to our arrangements with Habisben (as Community Administrator & Community Cleaners) and Corte Verde with relation to the Gardening and Pools administration for the Community. Unbelievably our President has consistently refused to let any Owner have sight of any of these contracts since they were "signed" by him. You may recall that he stated at the last AGM in 2023 that "anyone can have a copy if they ask but I will not give a copy to you". The "you" here was me as I was asking for these for a long time.
Well at last, with the help of my lawyer and at my own expense, I have obtained copies of the Corte Verde contract and the Cleaning contract for Habisben. I only received Spanish scanned copies but these have now been through computer processing and can now be viewed in Spanish and English by visiting the "Meetings & Legal" section on this website.
The dates on these spurious contracts serve to confirm that they were signed by our President absolutely without any proper authority from the Community in General Meeting. He has claimed that the contracts were made in "emergency circumstances" hence they had to be ratified at the AGM that year. In fact the contracts are dated in early June 2022 and the AGM was 6th September. This left 3 months during which time the President could have called an EGM, or the AGM within the correct period, when the matter could have been set out and properly discussed amongst the Owners.
The end result of his arrogance and stupidity has been that Sagesa took legal action against the Community for wrongful termination of their contracts. We have been given little information about these Court actions but it appears that the first action was awarded against the Plaintiff (and they have appealed) and the second much larger case is yet to be heard. So we still have these risks and legal fees must be being incurred somewhere although I cannot see them in the accounts.
If the President had used the ample time he had to carry out these actions in a proper, legal manner then there would be no doubts nor potential losses. But he takes the view that as President he can do whatever he likes - which is NOT the case.
Legal actions being taken against the Community
Some owners have heard that legal actions are being taken against the Community by Sagesa in connection with the termination of their contracts last year. Mr. John Walsh, Chairman of Sagesa, has confirmed this verbally but we have not seen any legal documents relating to it because so far owners have not been informed about the case(s). We have been told that the first case will commence in November this year with a second and maybe a third coming later.
We have set out more details and comments to Owners on this and other matters in letters which have been translated by Google, so not 100% correct unfortunately. But we thought it was best that you have something to read nevertheless.
We are not "in the President's Camp" and what we need is to get in contact with Owners who have appropriate legal and/or corporate experience to help plan how this matter can best be dealt with at the forthcoming A.G.M. and afterwards.
If you can help, in the first instance please email to owners@lpa2023.net.
Letter to our President
A letter has been sent to our President asking him to clarify the above and to send copies of documents relating to this and other matters to all owners. Copies of this letter are available below as Google translations into various languages. A few words have been edited out as being maybe not suitable for general distribution. We await a response.