The court in Malaga partially upheld the president's appeal. / sur

President of a community of owners in Marbella ordered to repay 47,700 euros to the accounts

The provincial court in Malaga said she had exceeded her authority in using community money

IRENE QUIRANTE Malaga

A court in Malaga has sentenced the president of a community of owners in Marbella to repay 47,732 euros to the community’s accounts after spending the money without putting the proposal to the vote or obtaining permission from the property owners.

The court found that the president had “exceeded her authority” by using the money to lodge a legal appeal without informing them.

Sister

The owners initially took her to court in Marbella for contracting her sister, who is a lawyer, to take legal action against a company which was occupying a communal area of the building. They claimed that the amount the community had to pay was much higher than they had been told at a meeting of owners. And also, after that legal case had been heard by the court, the president filed an appeal without informing the residents that the court had made a decision or that she intended to continue with the proceedings.

Appeal

The court in Marbella found in favour of the community of owners and ordered the president to pay them 97,389 euros. She appealed against the decision, saying the sentence should be annulled and that she should be acquitted.

The case then went to the provincial court in Malaga, which decided that she had exceeded her authority in using the funds to file her appeal without the consent of the community of owners, and that the original sentence in favour of the owners was correct

With regard to the use of her sister for legal services, the court decided that although there was a possible conflict of interests, there was no evidence to support that, so it partially upheld the president’s appeal.

Finally, the provincial court modified the previous sentence, and ordered that the amount the president must repay to the community of owners is 47,700 euros.