In Annex 2 of the contract signed on February 23, 2016 between the EUC Governing Council and MR Managering Madrid S.L., the following is agreed:
“THE FUNCTIONS OF THE ADMINISTRATION
The administration service for the E.U.C. COSTA ESURI, covers all related aspects and can be divided into three different areas:
2.-Economic and accounting
– Invoicing and collection, if applicable, by direct debit of receipts of ordinary or extraordinary fees established by the U.U.C.
– Follow-up, control, claim and friendly management of the collection of receipts pending payment for any item.”
The administrator, MR Managering Madrid, S.L., currently charges 44,639.68€ (VAT included) for this service.
However, as we all know, all these functions are performed by Gestión Tributaria, as the Governing Council tells us time and time again when we ask for any information related to the fees management.
Why then, are we paying the administrator for this?
If the Governing Council complied with the provisions of Article 44 of the Statutes, it would make sense for the administrator of the EUC to have the aforementioned functions. But the reality is that it is Gestión Tributaria who does all that.
Point 2 of the above mentioned Annex also states:
“- Keeping up to date of double-counting of the E.U.C. COSTA ESURI according to the criteria of the General Accounting Plan.”
And year after year, the EUC Accounts do not follow these criteria, even though the owners and especially the CERA Committee are asking that it be done.
In the minutes of the Governing Council meeting of October 9, 2023, Mr. Menéndez-Morán said he would like to retire, but if his fees were raised, he would continue. Shouldn’t instead those fees decrease, since there are functions the administrator does not perform?
On the other hand, as we say above, the Governing Council responds to any question raised about the collection of dues claiming that it cannot answer because it is run by Gestión Tributaria.
But the case is that the EUC Costa Esuri does not have any kind of agreement or contract with Gestión Tributaria, as admitted by the Governing Council to a complaint made by the CERA Committee before the Council of Transparency of Andalusia.
This leaves us perplexed.
There is a contract with the administrator to manage and collect the fees. But the Council says that this function falls to Gestión Tributaria. But there is no agreement with Gestión Tributaria that establishes the terms and conditions in which it is done, so the Governing Council has no control.
Let us not be surprised that only 55% of the owners pay for the maintenance of Costa Esuri and that the remaining 45% enjoy it without putting a euro towards the maintenance of the urbanisation. It is not fair.
It is the duty of the Governing Council to remedy this situation. Either by reaching an agreement with Gestión Tributaria that defines rights and duties, or by eliminating this body from the management of our fees, as the City Council has already done for many taxes.
In the latter case, article 44 of the Statutes would enter into force and the administrator should be able to perform the functions set out in the 2016 contract, which the current administrator does not appear to be able to do.