Response to “Urgent Notice” regarding EGM in Beverly Hills Club

Response to “Urgent Notice” regarding EGM in Beverly Hills Club

In response to the communication sent by EXCEL HOTELS & RESORTS to owners in Beverly Hills Club, we would like to inform owners of the following:

Regarding the Extraordinary General Meeting

1) DEMALI PROPERTIES AND INVESTMENTS S.L. is one of the owners of apartments in the Beverly Hills Complex, who is not acting in isolation as the letter from Excel seems to imply, but in conjunction with other owners who also want an extraordinary meeting with the president representing Excel Hotels and Resorts.

2.- Article 16 of the Horizontal Property Law and Article 20 of the Statutes establish that when requested by 25% of the owners or of the participation quotas of the building, THE PRESIDENT OF THE COMMUNITY IS OBLIGATED to hold the meeting with the items on the agenda that the owners have communicated and notified.

If the President refuses to hold such a meeting, the law empowers the owners to organise it themselves, in the face of the passivity of the President. This right is intended to protect the owners, so that it is always possible to discuss at the meeting matters that concern a significant part of the owners.

3.- In the month of September, more than 60 owners, representing more than 25% of the participation quotas, signed a document requesting the President of Beverly Hills to call an extraordinary meeting, with the items on the agenda that concerned them, being notified of this request through a NOTARY, and received by the president.

4.- The president did not even reply, nor did he include the requested agenda items in any subsequent meeting, nor in the Ordinary Meeting of the month of November.

5.- Although according to the mentioned article of the law, the owners could already organise the meeting by themselves, they wanted to request the President to request again, the Extraordinary Meeting for the next 31st of March 2022, sending a new notarial request to the President of the Community, to organise the meeting

6.- Since the President had already been requested on two occasions by notary to hold the meeting and had not done so, the owners, with the power granted to them by law, proceeded to call the Extraordinary Meeting for the 31st of March 2022, in a TOTALLY AND ABSOLUTELY LEGAL manner, IN COMPLIANCE WITH THE PROVISIONS OF ART 16.1 THAT ANYONE CAN READ IN THE SPANISH “HORIZONTAL” PROPERTY LAW.

7.- The communication made by Excel qualifying as illegal this request legally made by the owners, and not by Demali as they wish you to believe, is completely beyond their competencies, because this qualification could only be made by a judge in court.

The president of the community has the obligation to represent all the owners of the community, and with this communication, he has shown his lack of interest in defending them, by trying to obstruct a meeting that the owners have requested on many occasions, two of them by notary, and that he had the legal obligation to hold.

In the face of this inactivity, the owners have followed the legal path marked by law for the meeting to be held, forcing them to take steps that he should have taken beforehand, now classifying this activity in a completely unjust and unjustified manner as illegal with the sole aim of preventing the meeting from being held.

8.- For all these reasons, we inform you that the MEETING APPOINTED FOR THE NEXT 31st MARCH WILL BE HELD WITH ALL LEGAL FORMALITIES, and in accordance with the provisions of the Law, requesting one of the local Notaries to attend the Meeting to take the Minutes of what happens there.

The letter also refers to other issues that have nothing to do with the Community of owners, and that show the attempt to confuse and to invalidate the legally held Meeting:

Regarding the legal proceedings

As we have previously commented, The Court of First Instance of Arona is NOT rejecting the petitions The Nordic Consulting to evict Excel Hotels and Resorts

Many clients have successfully evicted Excel from their apartments in Beverly Hills Club. You can read about some of these victories here.

We are aware of 2 cases however where the judge initially agreed that the case could be heard as part of an express “verbal procedure” and then in his ruling declares that the case should instead be heard through the court as an “ordinary process”.  In these cases, no legal expenses were awarded to either party. You can see a copy of one of these court sentences here.

Regarding the criminal complaint

Clearly upset by the exposés The Nordic Consulting has been publishing on its webpage, Excel is asserting pressure to remove the content. Nordic responded to Excel´s request through the court to say that it has NOT published any false information and it stands by the content. The company is not currently aware of any open judicial processes against it.

We have not changed anything on our webpage because we have supporting evidence for all the content. We hope that all owners find it interesting and useful, and you will probably recognise the truthfulness of much of what is published.

A reminder of the initial points to be included in the forthcoming EGM this week

Private owners in Beverly Hills Club want to discuss and resolve the following issues

  • Impossibility of owners to access their apartments
  • Impossibility to access the community accounts and invoices
  • Removal of the current president and appointment of a new one
  • Removal of secretary and administrator and election of new ones
  • Removal of the board of governors and election of new one

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