Open Letter
The purpose of this letter is to inform the La Sella owners' association about the progress of my court case against the President of La Sella Central and the administrator.
Background:
Pedreguer, 4.10.2010
Since the introduction of the new
calculation method for our community costs in 2005 coefficients are applied to
the calculation of our payments to compensate for lesser amounts incurred in
that owners of undeveloped land only pay 50% of their costs. According to the
explication given to me by to the Administration in December 2005 there are
required now two other coefficients in addition to the previously used
coefficient Escritura, namely the coefficients
- (COEF. ZONA) in the annual bill it is refered as "calculation
coefficient" to calculate the share of the cost of each zone; for the central
zone it is given as 18.0250 in 2010.
- (COEF. TOTAL GRAL) is used for the calculation the share of the
cost of La Sella general (eg Vigilance). In 2005 it was given as 87.73897.
Since 2005, I tried unsuccessfully through my President (Central Zone)
and the Administration to get an exact explanation as to how they calculate
these coefficients. As I was not able to verify my bill over the years, I
refused to make payments and was regarded then as a debtor and taken to court
last year. During the proceedings of this case, they provided me with a list
with an exact break down of the coefficient (COEF. ZONA). Base on a procedural
error, I lost this case and have since been used as an example for recalcitrant
owners. The review of the list provided revealed, amongst other things, that
some owners (No. 105 and 106) are not charged for payment at all. They owe us
apparently for years their share of community costs and do continue to do so
with the tolerance of the president and administrator. Consequently, the
coefficient calculation is wrong because of this and also other reasons.
This fact and the fact that I am still not able to verify my share of the
cost of La Sella General forced me to take the President of La Sella Central and
the administrator to court.
You will be informed about the further course of this court case via my
web site: www.mbanetzberger.net.
In case you would like to get in contact with me, please use the following address: kontakt@mbanetzberger.net.
Martin B. Anetzberger
Pedreguer, 4.12.2011
Court's decision in Dénia:
According to
my
attorney,
the
judge decided
not to
allow the hearing
of my
complaint
against
the
President of
La
Sella
central
and
the
administrator,
as
it
was
in his
opinion already
sufficiently
treated
in the
lawsuit
against
me
in
2009.
According
to the
opinion
of my
attorney
a
blatant
miscarriage of justice
because
at that time no decision was made
about the case itself.
Rather it was decided only due to the fact that I had not at that time
inserted objection formally against the decision of the owner meeting. An
informal objection years ago was ineffective. Still another revision would
remain with the national court Alicante or with the European Union complaints
office.
Because I also did not come to Spain to argue about this even over further
years, I decided not to contest the court decision. The sad consequence
from it is that I, as by the way also all other La Sella owners, are still not
in the situation to reconstruct the portion of the costs of La Sella general.
The
other
side
has
made
it
for the time being,
to
further
continue to
conceal
the exact
composition
of the
coefficient
(COEF.
TOTAL
GRAIL).
Not only due to this fact am I of the opinion that this coefficient is somehow
rotten. However I leave it now to the presidents of the respective zones,
for itself and for the owners which have elected them, to bring light into
this darkness. This is anyway rather their task.
That
the
coefficient
(COEF.
ZONA
Central)
is
faulty, was
already
mentioned
in
the
history
of my
open
letter.
Accordingly,
the
owners
of
undeveloped
plots
105 and
106 are
not
liable
for the payment
of
50%,
nor the
owners
of
developed
land
387 and
378
to pay
100%
of
the
public
charges of
the
central
zone.
Why
furthermore
the
owner
of
the
parcel
812
is
used
only
to
pay 50%
could
not
be
verified because
this
property
could
not
be
located. That
the
payment
of the
property
378/387
erroneously
benefit
the
zone
East,
remains
to be
checked.
The
allocation of
sites
for
the
respective
zones
is
defined
in
Article
11
of the
applicable La
Sella
statutes.
The
Presidents of
the
Central
and
East
zones
are
separately asked
by me
to remove above
errors.
Even
if
this
results
for
each
individual
only
by
small
amounts,
a
correction
is
absolutely
necessary,
as
these
errors
have
led
to
incorrect
calculations
for
years
and
will
do so
without
correction
probably
in
the
future.
In
this
context,
it
would
be
very
helpful
if
the
president
of the
central
zone
could
clarify
also
why
the
COEF.
ZONA
Central
has
changed
from
18.7425%
in 2009
to
18.0250%
in
2010.
This change caused an increase of the community costs of approx. 4% which could
come only by if for 2010 more properties only pay 50% than for 2009. Since
I
could
not
notice
that
in the
central
area
houses
were
demolished,
it may
be
acting
again
only
to be a
bug
to the
detriment
of
owners.
By the
way,
the
COEF.
TOTAL
GRAL
for
2010
was
changed
to
the
detriment
of
owners
also.
To
eliminate
all
these
errors
not
more is needed than
the
knowledge of
an
Administrator
de
Fincas
which
should
indeed
be
at our
disposal.
Instead of introducing judicially steps against in principle payment-willing
neighbors,
conscious presidents and administrators could have eliminated already
these problems much in former times.
In case you would like to get in contact
with me, please use the following address:
kontakt@mbanetzberger.net.
Martin B. Anetzberger