History of the Dispute between Two Presidents

MI-SOL PARK COMMUNITY OF OWNERS

19/01/04

History Of The dispute Amongst Members of Mi-Sol Park.

The letter received from the court had the title “Administracion De Justicia”.

Owners on Mi Sol Park could be forgiven for feeling abandoned by any kind of Justice during the last twelve months.

If justice had been administered at any time during that period, this community of owners could have been spared a misery that has all but destroyed any hope that this group of neighbours having any trust in each other ever again.

Our constitution states that in the event of a dispute, the matter should go before a judge and his decision is final. Even a judge’s decision which largely proves to be unpopular within the majority of the community would be better than what Mi Sol has had to suffer. No decision at all!

A group of individuals who historically despise any administration of owners on Mi Sol. (Letters exist of one of today’s instigators referring to the committee as “The Mi Sol Mafia” inciting members not to cooperate with the elected administration. It is not until one observes the date to be in the early 1980’s that it is apparent that the current situation is by no means unusual!”) Voted representatives of the community have had to suffer being undermined by the very community that they are attempting to serve from the word go, and it is the same old trouble makers every time.

The chronological events of this current dispute runs thus:-

1. May 2002. A meeting was held at the bar terrace to inform owners of the proposed Plan Parcial. An Association of Neighbours was proposed on the recommendation of our urbanization lawyer. Mi Sol community of owners could not hold title to the common deeds of the community. An Association of Neighbours could. The plan parcial was proposed to the community as a solution to legalize all the “Non Caravan” dwellings now existing on Mi Sol.

2. A group of owners formed to derail these proposals by claiming it was some how some scheme by the president to sell the park from under them. Ludicrous accusations were made against the president with regard to this which although false, succeeded in growing numbers of owners being uncomfortable with his administration.

3. September 2002. The community Annual General Meeting was to discuss our urbanization lawyers recommendations further and take a vote. At the meeting FOR THE FIRST TIME IN MI SOL HISTORY the opposing owners had legal representation. This individual proceeded to disqualify the voting rights of absent owners who traditionally assign their vote to like minded representatives present. When it became apparent to the president that any vote made on this occasion could not possibly reflect the will of the community as a whole. He had no option but to suspend the meeting.

4. Following the president’s departure after the closure of the meeting, a petition was made and signed by those present requesting an Extraordinary Meeting at the earliest practical opportunity for ALL MEMBERS. Suggestions that the meeting be held the next day were rejected by the legal representative on the grounds that it could not be deemed legal without the required notification to all the membership.

5. January 2003. The legal representative who attended the AGM visited the January committee meeting. He mentioned the petition to call an extraordinary general meeting. The committee discussed when would be the most convenient time for the membership. Initially Easter was favored. The representative expressed the view that this was too late.

6. February 2003. committee meeting decided that Easter would possibly not be the best time for UK members to attend an EGM and a date was set for 5th April 2003. Postal notification was drafted and sent.

7. 15th February Notification of an EGM called by Antonio Escudera was placed on toilet doors throughout the camp for a meeting to be held on 22nd February. The notice stated FALSELY that the meeting was being called because the president refused to call a meeting. The required 15 days notice was not provided to all members. No postal notification was sent.

8. 22nd February. An unofficial meeting was held in the garden of a house in Mi Sol. Members who opposed the president were invited to attend. The list of petitioners requesting an Extraordinary General Meeting was treated as a list of persons opposed to the president. Signatures of attendees of the meeting were regarded in the minutes of this meeting as votes in favour of selecting Antonio Escudero as president.

9. Owners who attended the meeting where Antonio Escudero declared himself president who merely wished to find out what the problem was with President Jose Riquelme Lorenzo, were alarmed to find that their attendance signatures were being counted as a vote in favour of Antonio Escudero. Many owners expressed the wish to have their names removed.

10. On the 4th April 2003 the day before the properly called EGM, it was discovered that an amount in excess of 69000.00 Euros was removed from the Caja Murcia Bank account by at that time means and persons unknown.

11. 5th April 2003 The EGM was called. The agenda included a free vote by the whole community to elect their preferred president. Antonio Escudero and his followers chose not to attend this meeting so Jose Riquelme Lorenzo was instructed to complete his term as president up until the September AGM when the president and committee were up for re-election. The EGM was informed of the money being removed from the bank account. Rumours spread that Antonio Escudero had some how gained control of the Mi Sol Bank account. The EGM denounced this as fraud and instructed President Jose Riquelme Lorenzo to pursue this through all available legal channels. In view of the disruption caused by the presence of legal representation of one side, The Mi Sol Park Urbanization Lawyer was present to balance this situation. He was also in attendance to explain the recommended Plan Parcial and formation of Association of Vecinos. The community did not have this opportunity in the end in view of the absence of those in opposition. The lawyer recommended to the community that it’s funds be placed in account baring the names of President Secretary and Treasurer. This would protect those funds from future fraudulent seizure by persons masquerading as officers of the community.

12. 7th April 2003. The president visited Caja Murcia and discovered that Antonio Escudero and Marie Jenkins had presented to the bank the minutes of their February 22nd 2003 meeting in an attempt to gain access of the Mi Sol Bank Account. How this was able to happen without the cooperation of an out going president was beyond belief to the community and our lawyers. The Bank account was frozen. The banks stand was that until both “Presidents” cooperated or a final judge's direction was made, these funds would remain frozen. Our lawyer was granted power of attorney with regard to this matter. We were of the opinion that Direct Debits for Community Electricity, Water office Telephone would continue to be paid from this account.

13. Our legal representatives have been seeking assistance through the courts so that a judge's decision could release the funds back to the community and end this dispute. None came.

14. Owners have been enquiring to the committee, when would our capital projects such as finishing the tarmac on the side roads and tileing the pavements be completed. They have had to be told that their funds have been tied up by the conduct of a small dissident group of owners who are attempting to short cut the democratic process. Once a judges intervention cleared up the matter we would be able to proceed. None came.

15. The community was now well and truly split down the middle. A legal decision was required urgently, to enable the community to regain control of its funds. None came. Owners suspended payments until legal clarification was received as to who were their rightful representatives. Both parties firmly believe themselves to be in the right. The community had reached a point in its constitution where impartial legal intervention was the only thing that would be acceptable to both parties. None Came.

16. June 2003. The day to day running of Mi Sol was only possible by the collection of payments in cash. When this amount reached an excess of 6000.00 Euros president Jose Riquelme Lorenzo declared that we needed to open a bank account to store this money. In spite of our wishes not to do so, but in view of the lack of long awaited legal intervention, a bank account was opened in the three names of Jose Riquelme Lorenzo Simon and Shelia with the Banco Popular de España. An amount of 6000.00 euros was deposited.

17. July 2003. Time to read the electric and water meters. This task was hindered by the intimidation of volunteers by members of the Antonio Escudero’s supporters. Some meters could not be read because volunteers were too frightened of the threatening behavior of some members.

18. Late July 2003. President Jose Riquelme Lorenzo had to attend a hospital appointment. Antonio Escudero used this opportunity to seize possession of the Mi Sol Office. The locks were removed and changed and a security guard was employed to prevent Jose Riquelme Lorenzo’s committee from regaining control. The matter was reported to the Guardia Civil but they refused to intervene without a judge's decision. None Came. When asked why were Antonio Escudero’s supporters gaining control of the office members were told. “We have won the court case.” THIS WAS NOT THE CASE!

19. August 2003. Antonio Escudero’s party issued their own invoices to selected members instructing them to pay into The Cam Bank account of Mi Sol of which they had control. An amount in the region of 30000.00 euros was paid by members in this way up until the end of September 2003. Money was withdrawn from this account, but to date no justification of expenses has been supplied to the community.

20. Jose Riquelme Lorenzo’s committee decided that as it appeared that the community was not going to be able to rely on the Administration of Justice to solve it’s problems, it was more likely that the whole community would make a choice at the September 2003 Annual General Meeting, when in any event there term ended. Notification of the AGM with election of president and committee on the agenda was sent to all members. Simultaneously, Antonio Escudero sent notification of the AGM to be held at the same time and the same place. His agenda did not include an election of president however. He presumed that his three year term as president commenced at his meeting held in February 22nd 2003.

21. As the Annual General Meeting approached, it became apparent that the importance of all members to attend ONE MEETING was essential. The community as a whole had to be listened to. The community as a whole had to be allowed to choose it’s representative. Mindful of the previous years meeting when a legal representative on one side was able to argue an advantage for their clients, an equal and opposite force was required to balance things out. Both parties would have legal representation. Let the lawyers from both interests ensure fair play and enable the community to choose.

22. At the September 2003 AGM after the anticipated confusion of two presidents trying to present two agendas at two meetings held at the same place at the same time. The two lawyers presented a proposal to everyone present. An election would be held for President overseen and audited jointly by both lawyers. The community will agree that the majority vote will declare the new president from this day. All litigation with regard to this dispute will then be canceled. This was enthusiastically accepted by all present. The vote was cast twice due to confusion caused by the presence of two attendance lists. The final count was Antonio Escudero 95 Votes Jose Riquelme Lorenzo 116. An 11 vote majority declared Jose Riquelme Lorenzo elected as president. The meeting adjourned for lunch.

23. When the meeting resumed Antonio Escudero and his supporters failed to return.

24. Jose Riquelme Lorenzo notarized the Acts of the meeting and presented them to CAM bank. Control of the account was handed to President Jose Riquelme Lorenzo. The account has a balance of 2700.00 euros.

25. Antonio Escudero was not available to hand the keys to Mi Sol Office, Electric and Water Meters after the meeting. No body else from his “committee” admitted to having these keys. Several days after the AGM no satisfactory hand over of control was forthcoming from Antonio Escudero in accordance with the agreement at the AGM in the presence of the entire community and two legal representatives. In the end access to the office had to be forced the locks once again changed.

26. On inspection of the office once access was gained, it became apparent that two accounts folders were missing. These contained the “Notas De Gastos” and supplier receipts for 2001 and 2002. Some computer accessories have also been removed. (E.g. An optical mouse was stolen and the old faulty one connected back to the system)

27. One week after the AGM confirmed Jose Riquelme Lorenzo as president, Two “portador” cheques signed by the previous signatories Antonio Escudero and Marie Jenkins were presented at the Cam Bank for the combined value of the remaining balance of 2700.00 euros and the account was emptied. When the bank was confronted over this they claimed that the cheques were post dated. In view of the fact that the two cheques equaled almost to the cent the remaining balance available at the time of withdrawal, this explanation was considered most unsatisfactory.

28. The cam bank account had an amount near to 30000.00 euros pass through it whilst controlled by Antonio Escudero. Both he and Marie Jenkins have been written to requesting justification for these expenses. They have thus far refused to cooperate. The treasurer has been instructed by the committee to invoice them jointly with this amount until such satisfactory justification is forthcoming.

29. The legal representative of Antonio Escudero has visited Caja Murcia and somehow frozen all funds and Direct Debit payments for utilities. It has come to this committee’s attention that when the manager pointed out that this could lead to the disconnection of water electricity and telephone on Mi Sol he replied “So be It”

30. Antonio Escudero sent “HIS ACTS” of the AGM 2003 to a selected number of owners where he declares that following a flawed vote he suspended the meeting on a matter of order. ANTONIO ESCUDERO APPEARS TO LIVE IN A COMPLETELY DIFFERENT REALITY TO THE REST OF THE OWNERS PRESENT AT THAT MEETING. IF HE BELIEVES HIS ACTS TO BE A TRUE VERSION OF WHAT OCOURED!

31. Antonio Escudero has been served with a notarized statement informing him that the acts book of Mi Sol Park reflect the view of the September 2003 AGM decision that Jose Riquelme Lorenzo is president of Mi Sol Park. In spite of this, he still maintains that he is president!

32. Members have been instructed to pay their fees into The Banco Popular Account which has now been set up in Mi Sol’s Name. Members have been urged not to pay money into Caja Murcia. Sadly some misguided members still continue to do so. The treasurer has informed all members that no information is available to him from Caja Murcia since the account was frozen; therefore he is as yet unable to credit owner's accounts with payments made to that account until the funds are released and payment details are received by him from the bank.

33. The telephone was disconnected due to non payment. This has now been remedied Mi Sol Park had to pay a surcharge in order to retain the telephone number which it has had for nearly 30 years.

34. In December 2003. An amount in excess of 10000.00 euros has been paid by the Banco Popular account for electric not paid by Caja Murcia in 2003.

35. In January 2004. An amount in excess of 7000.00 euros has been paid by the Banco Popular Account FOR WATER NOT PAID BY Caja Murcia in 2003.

36. January 16th 2004 Linda Morris was fined 60.00 euros for threatening behavior towards Mrs. Anne Paul whilst she was attempting to serve the community by reading electric and water meters during July 2003.

In spite of a fair decision made at the 2003 Annual General Meeting, the community of Mi Sol continues to suffer in this limbo caused by the lack of Judicial Intervention. There exists individuals amongst us well aware that the wheels of justice turn slowly, giving them a free hand seemingly with their legal advisors blessing and assistance to please themselves to the cost of the democratic choice of this community.

For most of the time, this community runs it’s affairs with the consent and co-operation of its members. Sadly, if they have a mind to it is easy for disruptive forces to undermine this order in pursuit of their own interests. In such a situation, a law abiding community can only seek legal remedy. It is not permitted to take law into its own hands even if those disruptive forces do not feel they need to restrain themselves.

The community of Mi Sol who re-elected Jose Riquelme Lorenzo in September 2004 eagerly awaits legal remedy.