I’ve posted before about a change of tactic by tourism inspectors which saw them visiting complexes in the guise of “tourism standard quality surveyors”, and presenting themselves as such both to community presidents and even residents in direct door-to-door calls. The inspectors then ask occupants how long they are staying, how much their holiday cost, and whether they are happy with the tourist services included with their booking. They have a “questionnaire” for people to fill out which performs a dual purpose of making them look like authentic standards surveyors, and getting something in writing from a “guest”.

Legal advice, as I’ve posted before, is that guests should be advised that they can acknowledge that they are not the owners, but insist that they are not authorized by the owners to answer any questions, nor to fill in any forms, nor especially to sign anything. If pressured, they should ask for the questionnaire to be left with them to be filled in at leisure and returned by post. I am pleased now to be able to say, however, that in the wave of fines issued from this round of inspections, we are seeing these too deemed illegal, and being cancelled.

These cancellations are not even reaching court, but are being annulled at appeal to regional government on the grounds that the inspectors got the UK addresses of the relevant owners (as they must do now as a consequence of our successful court case results) but did not use them, instead turning up to “investigate” the property but not asking about any inspection or complaints paperwork … which was the basis for the subsequent fines. In short, they didn’t do a very good job … . But they will learn, we must presume.

In the meantime, if anyone has a problem with an inspection or a fine, get in touch with me at the earliest possible opportunity. We are still succeeding in getting these fines cancelled, at least until the inspectors start getting it right.

This article has 3 Comments

  1. Janet,
    I have just read your post of the 29th I wish you could help myself and other owners who have been fined, found guilty of something they have not done, having a signed statement from our President and ex Generial manager in front of a Notary does not seem to help some owners in El Marques Palace. It has cost us over 4500 euro each to fight this injustice, but it seems for some reason some owners are just being picked on. You can understand why sometimes my posts are so angry about the Canarian Governments and the Courts handling of this shameful action against ordinary people who have invested their savings here

  2. The problem is that there’s no one answer for all, IDBI. There were four courts hearing cases of fines from your complex, and because of the divided nature of the complex, some were lost causes because information was freely handed over to the inspectorate. In others, José Escobedo has overturned the fine altogether, and in others had to argue (and was successful) against rejection in a different court on a fine with identical characteristics. If your appeal has not been successful then there could be particular factors involved.

  3. The reason is that our case was not different, the Judge came to the wrong conclusion with no evidance at all and because of the stupid system here of appealing with fines under 30,000 euro we have had to pay to try and clear our names in the appeal court in Spain. I along with the other owners hope when the Judgement is reversed we will get compensation not only for the financial cost but also for the stress this has caused by their incorrect actions. Lets see if Spaish justice peforms any better than the STUPID actions of the Canarian Government/Courts who dont forget were advised by their own legal department that to proceed with fines that they were issuing was ILLEGAL

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