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mlun
25-07-2014, 15:18
After long times invane fight against our administrator to get access to the communitys bookkeeping, we have decided to start a court process against them. However, the price for this is 2,100 EUR, so we would have preferred to be without this risk.

According to the horizontal property law it is quite clear that we have this right: 20 e) Actuar, en su caso, como Secretario de la Junta y custodiar a disposición de los titulares la documentación de la comunidad.

The administrator denies us access with the reason "Data protection". What he really means with this is probably "protection of criminals against disclosure", but nevermind, we cannot get access.

Our intention is to see the documents and take photocopies of any we might need. Without copies it would not be possible to prove any irregularities. At an earlier visit they requested us to leave mobiles in the front office before seeing the few documents we at that time was allowed to see.

However, the case is in my opinion crystal clear, and the administration must loose. So why go to the court? Isn't it possible somehow to force your right for example with help from the police?

As a half victory they have sent us p&L and balance sheet as summaries as well as detailed diaries showing all postings. But as this can be - and probably is - falsified, it has no real value unless we have the underlying specifications specifically bank account statements, purchase invoices etc.

Happy Days
25-07-2014, 17:38
Sorry would like to help if I could, but your post is a little confusing and quite complicated. I think you know more about this subject than most.

I would have thought, however, that if you denounced your community administrator, they would then be forced by law to show the documents you require.

If you think that these have be falsified then I would imagine you would have to have some proof, with that proof you would need to denounce them again.

Best of luck.

Tom & Sharon
25-07-2014, 18:24
Why don't you all refuse to pay your community charge until you get to see them, and the bank statements of course? No use without!

I'm damn sure we wouldn't be paying ours if I couldn't see where it was going!

mlun
25-07-2014, 18:50
Why don't you all refuse to pay your community charge until you get to see them, and the bank statements of course? No use without!

I'm damn sure we wouldn't be paying ours if I couldn't see where it was going!

I initially thought the same, and even suggested my lawyer to deposit our community payments on a blocked bank account belonging to the community (but which they could not dispose over). But she warned me against this, as the president could then have our apartment sold on auction without any warning.

Things are really rotten here, but the problem is that the large majority of owners are old germans, who are deaf, blind and half skin-dead, and they blindly trust our deeply criminal german president. So normal rational thinking is not applicable here unfortunately.

Tom & Sharon
25-07-2014, 19:49
Yes, it would only work if you all did it!

kez1000
26-07-2014, 11:19
Wouldn't it be far easier to vote and change the administrator and agree with a new appointed administrator to see all historical records? I know our community changed the administrator but not for any reason like this and we have always had sight of everything. Something doesn't seem right if they are resisting so much, I agree.