LETTER TO THE REPRESENTATIVE OF THE TOWN HALL WHO SITS ON THE MANAGEMENT BOARD OF THE EUC COSTA ESURI
The CERA President has sent to the Councilman for Finance, Mr. Cobo, who is also the representative of the Town Hall on the EUC Costa Esuri, a letter regarding the worries of the CERA Committee in respect of the EUC’s management.
EUC’s AGM 2024.
- Announced for the beginning of March, we are requesting that the AGM takes place later and on a Saturday in order to duly prepare the accounts and also make it easier for the residents to attend.
- The EUC Board was elected on November 2021, therefore their mandate finished on November 2023. However, contrary to the Statutes, no EGM has been called.
- In this situation, the Board should not adopt agreements that compromise the future management of the EUC. However, following the present administrator’s notice (MR Managing Madrid, S.L.) that they will stop their activity on February 23, the EUC’s Board Has contracted a new administrator: Fincas Esury, S.L.
- Without prejudice to the questionable procedure followed by the EUC’s Board to contract the new administrator, which has been denounced to the Supervisor body by the CERA Committee and by various owners individually, the new Administrator will not have enough time to prepare the accounts for 2023.
- Which is of still more significance given that following a request from the CERA Committee, the EUC’S Board informed us that they had not examined the UEC’s accounts through 2023., nor have they been published.
- Therefore, we are concerned that the accounts for 2023 will not be adequately formulated. Who will prepare them, the former or the future administrator? Will the transfer of information from the first to the later be done in a due way?
- As well as the fact that, as stated on the “Report on the agreed procedures regarding the accounts for 2019-2022”, the lack of accounting backup information makes it impossible to know who is up to date with the EUC’s fees.
Attendance to General Meetings.
The Gestión Tributaria has informed the EUC Board that they will no longer check that the attendants to AGM’s are current with the payment of their fees. Who, then, will check that the attendants are entitled to vote? What will be the procedure?. All this, with a new administrator recently appointed?
The CERA has been for many years requesting that a list of attendants (census) would be provided previous to the GM stating who was attending, who was entitled to vote and with what coefficient. Neither the EUC’s Board, nor the Supervisor Body (the Ayuntamiento), have taken this request into consideration. This, together with the lack of transparency of the voting procedure and the count of votes, has led us to instigate judicial procedures. Which shouldn’t be necessary if a census was provided and the count of votes was transparent.
Cleaning of the Costa Esuri Development.
Mr. Cobo informed the Board during their meeting held on November 27, 2023, that the Town Hall was planning to open a tender for the cleaning of all the municipality, including Costa Esuri.
However, there is a contract with Comfortservi to carry out this activity until 2029. This new contract, with a six years duration, was signed by the EUC’s Board two years in advance of the end of the previous contract with Comfortservi, that contract was signed from the December 2022 to December 2024, with the usual four years term. No information has been published regarding this new contract.
We consider that the Town Hall needs to be aware of this situation regarding the tender for a new cleaning company.
Submission of accounts.
The way the EUC’s accounts are being submitted is a most relevant matter that we have been denouncing for years.
The EUC’s Statutes state in various articles that the accounts should be prepared and submitted in accordance with the requirements of the General Accounting Plan. These provisions have been constantly ignored by both the EUC’s Board and the Administrator. Neither has an Annual Report be ever provided nor the management of the Board submitted to the AGM’s.
Members of the EUC have on various occasions denounced before the EUC’ Board the incorrect presentation of the annual accounts, in the understanding that they are prepared according to generally accepted accounting principles, nor defined within the framework of accounting law. The Board has never rectified this situation.
In 2023, none of the meetings of the EUC’s Board have the quarterly annual accounts referred to in article 40 of the Statutes been examined, whereas those of the first three quarters should have been examined by now.
On February 2023, the audit firm AUREN AUDITORES, SP SLP made a Report of Proceedings as agreed with the Management Board about financial information for the period 2019 to 2022. On this report the statement is made very clearly that it’s not an audit, because they could not collect the necessary data. The EUC’s President, however, is persistent in claiming that an audit has been carried out.
It’s said on this Report that they could not get access to a list of owners who were not current with their fees, since the Board said it was Gestión Tributaria who had this information and Gestión Tributaria did not provide it. Nor could they verify the Debtors balance for fees due before 2019 amounting to 4.961.918,69 euros. Or the Results balance prior to January 1, 2019, amounting to 4,558,531.59 euros.
We are concerned that the EUC administration does not keep a complete and detailed accounting of the income made by each owner and each property, there is no monitoring and follow-up of the collection process of unpaid contributions in the voluntary period of each financial year, it is not known which debts may be considered to be doubtful and their reasons, we do not know how the recovery files are processed in these periods.
Who then, is responsible for controlling the collection and management carried out by Gestión Tributaria?
At present, there is no kind of contract or agreement signed between the EUC Costa Esuri and Gestión Tributaria to carry out the collection and management of the EUC’s fees. There is an agreement signed between the Ayuntamiento and Gestión Tributaria, but it does not include the EUC. So, why do the fees collected go to the Town Hall instead of directly to the EUC? Why do Gestión Tributaria not provide the EUC with information regarding the collection of dues and unpaid bills?
We hope that you understand our concerns and concerns from the content of this information and comments. Our wishes are that the administration and management of the EUC is carried out in an efficient and effective manner within the legality and compliance with statutory rules, with clarity, transparency, accuracy and veracity.
The President of CERA
Nieves Gomez Rey