How a body designed to administer common elements could become—on Gil Marer’s allegation—a machine for debt, voting, access, certification and authority whose output then travelled through the insolvency, hotel project, financing and public files.
It administered common elements and common expenditure. Repetition could not make it owner of 220 registered units, the hotel operator, the transferor of private units or an unlimited authority over LPB, Matkator and third parties.
The alleged mechanism
Instrumentalisation does not require every resolution to be false. It means using limited community powers to produce consequences outside the Community.
Debt is attributedCharges and costs are presented as each unit’s community liability.
Debt removes voting rightsThe majority owner is represented but prevented from deciding.
A minority ratifiesAdministrator, accounts, certificates, lawyers, banking, security and access.
The record travels“The Community resolved” is used before the court, insolvency administrator or authorities.
The appearance expandsAccess, possession, works, licence, operation, finance, RIC and incentives.
The result back-validatesThe later consequence is cited as proof that the original authority was sound.
Gil Marer’s opinion · 2008 origin
Structural vulnerability and the alleged root cause.
This is an attributed editorial conclusion, not a judicial finding of dishonesty by the sellers.
Layer
Documented design
Risk introduced
Asset
A physically integrated complex split into about 220 registered units.
The hotel could look whole while legal title remained unit-by-unit.
PropCo
LPB held 171 apartments and 29 premises according to the 15 July 2008 minutes.
A majority did not equal 100% ownership or authority over extra-insolvency units.
OpCo
The Operating Community assumed operation and, contractually, integrated maintenance.
Operator costs could later reappear as Owners’ Community charges.
Owners’ Community
Its proper purpose was the administration of common elements.
Its name could be presented as apparent authority over the whole physical hotel.
Minorities
Owners outside or leaving the hotel operation retained their units.
A plausible ordinary charge could become debt, loss of vote, litigation, access control or pressure on title.
Our early mistakeGil Marer and Monterecco’s then representative arrived in late 2011 and early 2012. They initially accepted as normal that minorities outside the hotel paid a common charge or service fee. The 2008 structure made that belief plausible. It changed as books, accounts, contracts, judgments and the real allocation of costs emerged.
The present positionNot “no charge ever,” but a valid budget, service, allocation, notice and resolution; no duplication of costs already borne by the operator, unsupported retroactivity or conversion of disputed debt into the key that decides who votes.
Fifteen named profiles · separated sources
Lawyers, administrators and companies connected by act and date.
The new package distinguishes official links, appearances in minutes, an attributed witness account and relationships that remain unproved.
Roles come from minutes, emails and the transcript. Inclusion is not a criminal conclusion; it identifies questions of authority, custody, instructions, knowledge, payment and benefit.
Actor
Documented role
What must be produced or explained
Francisco Mario Matos Matas — FMMMAdministrator / secretary-administrator
Acting as administrator by 22 June 2011; reads voting and debt lists; appears in later minutes; joins the recorded June 2016 meeting; remains secretary-administrator and joint bank signatory in February 2022.
Appointment and contract, remuneration, records received, charge and arrears criteria, certificates, lawyer instructions, banking, security and all later economic links.
Pamanil, S.L.Claimed administration, maintenance and custody
The 22 June 2011 meeting ratified Pamanil for administration and maintenance, including record custody, accounting, certificates and claims. Observable notices, meetings, claims and Community-side payments/services exist. No primary evidence located in the present review proves that Pamanil itself supplied the integrated hotel workforce, utilities, cleaning, pools, gardens and whole-site maintenance attributed to it.
Gil alleges that every proved Pamanil act was undertaken as an instrument of fraud or another economic offence through the relevant natural persons, principals or agents. That is a party allegation, not a criminal finding. Produce the full contract, officers, instructions, invoices, personnel, bank/tax records, work product and—for each act—falsity, knowledge, intent, reliance, effect, benefit/harm and the innocent alternative. Declaration 009.
Pamalexsha, S.L.Replacement or successor administrator
The 26 April 2016 minutes record the move from Pamanil to Pamalexsha while FMMM continued. Later records connect FMMM and persons in the Cogolludo orbit through Pamalexsha/AGM and Orion Rental SOCIMI’s asset-management structure. That later connection does not itself establish earlier coordination or intent.
Replacement resolution and contract, succession of files/personnel, invoices, beneficial ownership, AGM/Orion relationship and services to the Community and Acosta Matos perimeter.
Asunción Aizpurúa and Molina-family ownersPresidency and minority owners
The February 2011 election began the phase; in the recording their lawyer explains the family’s position and the evolution of operation, charges and debt.
Mandates, payments, instructions to FMMM/Pamanil, records obtained, claims and the basis for decisions while the majority owner was denied a vote.
Juan Carlos Prieto PuenteCommunity/Molina-side lawyer in 2016
The later derivative transcript attributes participation throughout the 10 June 2016 meeting to him and attributes discussion of the earlier operating structure, charges, costs, debt and insolvency administrator. Native-audio authentication and exact capacity remain open.
Retainer, exact client, communications with FMMM, the president and insolvency administrator, documents received and action after the economic presentation.
Antonio Cogolludo RojasPresident in 2017–2018
The June 2017 minutes record him as president; he chaired when security of up to €8,500 per month was authorised to control access. Later records describe an economic connection through Pamalexsha; they do not by themselves prove earlier coordination.
Title, appointment, instructions, security contract and payments, authorised access, affected units and later economic relationship.
Shaila Cogolludo RamosTreasurer and administrative work
Described Community functions and work for Pamalexsha; the 2017 minutes record her as treasurer and the located May 2018 copy presents a 0.385% entry as vote-qualified.
The 0.385% is source-recorded, not independently verified title/denominator arithmetic. Produce title, appointment, employment terms, functions, voting lists, banking, certificates, access and later business links.
José Daniel Acosta Matos / CAM companiesPartial owner, promoter and 2022 presidency
CAM companies voted in February 2022; JDAM chaired and the CAM project was approved while most attributed debt and levy remained allocated to LPB/Matkator.
Effective title on the voting date, conflicts and abstentions, allocation of cost, unit-by-unit authority, FMMM/Pamalexsha relationship and later use of the resolutions.
LPB insolvency administratorLPB representative and recipient of the controversy
The 2018 file records a request for a Community resolution in LPB’s name as majority holder; PwC says it spoke with him in 2016 but produced no report or email of that call.
What he received on cost, debt and operation; the approximately €611,000 calculation; Community instructions; protection of extra-insolvency units and his response to PwC’s analysis.
Professional engagement · 2015–2017
PwC knew the structural, cost and debt problem in 2016.
The archive evidences professional work for LPB, not a casual introduction. A key limit remains: the complete engagement letter defining client, scope, duties and closure has not yet been located.
Documentary indication relevant to the alleged extra-insolvency criminal-law theory · minutes of 26 April 2016
The minutes connect named private owners, property outside the insolvency estate and three PwC professionals inside the same representation and voting mechanism.
The central evidence is personal and proprietary. The minutes record named holders of privately held apartments or units, identify each property and state who appeared for each person. That list must be read with the deeds and Land Registry records in the Matkator title chain: the minutes made fragmented ownership visible within the file and required any later representation of the complex as one LPB property to be checked.
MATKATOR 1–3 + THOMPSON UNIT — recorded holder, property and representative
MATKATOR 1 · bungalow 511 · Palacios chainMARIANO PALACIOS FERNÁNDEZREPRESENTED BY PATRICIA DOMÍNGUEZ, who also represented LPB
MATKATOR 2 · bungalow 507 · Juan Carlos Fernández Cox chainJUAN CARLOS FERNÁNDEZ COXREPRESENTED BY MIGUEL HERNÁNDEZ LORENZO · PwC
MATKATOR 3 · Local 1 · Víctor Fernández Cox chainVÍCTOR FERNÁNDEZ COXREPRESENTED BY ELENA SANTOS RAMOS · PwC
THOMPSON UNIT · bungalow 708 · registered property 8,557SIMON PETER THOMPSONREPRESENTED BY CARLOS SAAVEDRA RODRÍGUEZ · PwC
Label control: “Matkator 1–3” are editorial tracing labels for the three title-holder chains that the record connects to Matkator; they are not terms used in the minutes. The minutes themselves record the names, bungalow/local designations and representatives above. The later documentary record distinguishes Matkator acquisitions already formalised or paid for from the Thompson unit, whose purchase remained described as awaiting formalisation in the 9 July 2019 email. The Thompson unit is therefore displayed separately.
LPB represented, outside voting pool · 22 Jun 201175.671%Repository arithmetic from listed coefficient rows: seven vote-eligible entries total approximately 6.930%; neither figure is an express certified total.
Recorded eligible share · 26 Apr 201611.039%The 2016 minutes record this separate payment-current voting pool; it is not the 22-Jun-2011 figure.
Gil Marer’s public conclusion
Gil Marer relies on this named representation as an indication supporting his extra-insolvency criminal-law theory.
The continuity of named actors materially weakens an innocent-confusion explanation for those specific acts. The minutes evidence that separate ownership was presented within the team; each person’s actual knowledge and use must be established individually. The alleged later documentary, possessory, registry, hotel or financing integration of those units into an appearance of CAM ownership is the extra-insolvency property core Gil Marer asks authorities to investigate.
Criminal-law characterisation advanced by Gil Marer — an express theory, not a conviction
Section 15.2 of Spain’s Horizontal Property Act governs debt and voting; it transfers no private title. Named ownership, production of Community authority, transport of that authority into the insolvency and later exploitation of an appearance of ownership are advanced as a unitary patrimonial theory of possible criminal-law significance, pending judicial determination.
Possible fraud and procedural fraud: only if sufficient deception, error, a causal disposition or order, loss, benefit and intent are proved (Criminal Code art. 248 and art. 250.1.7).
Possible disloyal administration: requires identification of administered property, authority, knowing excess, causal loss and intent (art. 252).
Possible document offence, knowing use or participation: requires a specific record, statutory mode, authorship, knowledge and use. A disputed minute or invalid resolution is not enough by itself.
Alleged extra-insolvency dimension: every act of assertion, disposal, possession or operation without title must be proved property by property.
Criminal-law language applied: the dossier describes the alleged conduct as assertion, disposition or operation without title over property outside the insolvency estate. It forms part of the procedural-fraud, document-offence, disloyal-administration and participation theory Gil Marer asks authorities to investigate.
The recording identifies him as PwC Tenerife acting for LPB. He describes the task as checking what was paid, by whom and for whose account; questions why owner charges arose if the relevant costs were not then theirs; and identifies approximately €611,000 treated by the insolvency administrator as Community charges when the reviewed structure indicated that the operation had borne them.
PwC · team
Miguel Hernández Lorenzo
Coordinated analysis, meetings and the later call with the insolvency administrator. In September 2016 he confirmed in writing that PwC discussed the tour-operator/new-operation proposal with the administrator but created no detailed report and exchanged no emails with him.
PwC · legal team
Elena Santos Ramos and Alejandro Perera González
Were copied into the Community work, meeting with its lawyer/administrator, internal rules, challenge to the April 2016 resolutions and the Pamanil tax notice. Each person’s exact work must be delimited.
Economic adviser
Jonathan Simó Morales / CLS Consultoría
Prepared the 2008–2015 balance, invoice and payment analysis. He separated hotel costs from integrated maintenance and asked whether the Community had real debt where electricity, water and other costs had been paid by the operator.
Lawyer for Gil and Monterecco’s representative
Legal adviser at the relevant time
Attended and represented Gil Marer and Monterecco’s then representative. The adviser’s identity remains in the private evidence corpus; the role should be tested against the contemporaneous correspondence and any later action.
Control document
What was retained and how did it end?
Emails, meetings, legal work, a PwC invoice and the economic analysis evidence an engagement. The retainer, deliverables, final advice, closure, transferred file and conflict review remain to be identified.
10 June 2016 recording: what it records and what remains open.
The stated duration is 144 minutes; the 149-page derivative transcript was produced on 17 March 2021 and later labelled 11JUN2016. Contemporary scheduling, the same-night “today’s meeting” email and original AMR filenames control the occurrence date as 10 June. The transcript must be compared with the native audio; authentication, voices, attendance and capacity remain open, and later editorial comments are not participants’ words.
00:03–00:05Saavedra defines the documentary task; Simó explains the analysis beginning in 2008.
00:04–00:15The Operating Community’s maintenance/supply responsibility and the separation of hotel from common costs are explained.
00:15–00:16Participants ask whether real Community debt existed and why charges arose where the operation had borne costs.
00:56–00:58FMMM discusses the move from €171 to €22, administrator/lawyer cost and his view that the earlier amount was excessive.
01:00Saavedra identifies approximately €611,000 entered by the insolvency administrator as Community charges despite the cost structure just discussed.
01:21–01:32The exchange links operation, the administrator, insolvency, confused title, documents and proceedings that the speakers themselves say they do not fully know.
Later public chronology · proximity is not representation
From acting for LPB in 2016 to later sharing a public PwC forum with the Acosta Matos business successor.
The recording identifies Carlos Saavedra as a PwC professional acting for LPB. At the PwC Second Economic and Tax Forum reported in 2024, Saavedra gave the welcome as PwC Tax & Legal lead in the Canaries and José Acosta—presented as Acosta Matos CEO and Canarian Hospitality president—spoke about tourism.
Gil Marer’s reading: the sequence symbolises movement from the side questioning the Community mechanism in 2016 towards public normalisation of the business perimeter that later benefited from the project. Limit: sharing a public forum does not prove that Saavedra or PwC changed clients, advised Acosta Matos on Sun Park, knew later facts or adopted its position. A professional “switch of sides” requires a retainer, conflict record, invoice, communication or identifiable work. The clickable chronology requests that explanation; it does not invent it.
Public links: PwC Las Palmas, PwC Tenerife and Carlos Saavedra’s official profile. Preserved private sources: 2015–2017 emails, invoice and engagement chain, expense analysis, 2016 notice/minutes, original AMR files dated 10 June and the later transcript labelled 11JUN2016.
From internal body to external passport
How unverified authority propagates.
The thesis does not rest on one meeting. It concerns re-use of the same documentary output in different decisions without rechecking its provenance.
Effect chain
Every recipient has an independent verification duty.
A later order or licence cannot automatically cure an earlier defect.
01Charge and debtBudget, service, invoice, payer and unit allocation.
02Vote and officeWho could vote, appoint, certify, litigate and bank.
03InsolvencyWhat the administrator/court accepted about LPB, third parties and assets.
04Possession and worksWhich units could be entered, closed, demolished or refurbished.
05Tourism and licencesWhat Community, title or consent was shown to Yaiza/Cabildo.
06Private/public capitalWhat reached RIC, investors, AEAT, FEDER and incentive files.
Documentary factMinutes and emails establish roles, figures, votes, requests and document circulation. The recording establishes what participants said if authenticated against the original.
Allegation awaiting determinationGil Marer alleges deliberate instrumentalisation to displace property and construct legitimacy for the Acosta Matos perimeter. No final criminal judgment has yet found that concert.
Closing evidence
Documents that can confirm, correct or refute the thesis.
The page is designed for verifiable contradiction; a substantive response will receive equal visual prominence.
Package
Required contents
Question answered
Community records 2008–present
Originals, notices, attendance, proxies, audio, annexes, signatures and corrections.
What was actually decided and who could decide.
Pamanil / Pamalexsha
Contracts, invoices, payroll, officers, accounts, files, tax and succession.
Who produced and held debt, votes, certificates and claims—and who was paid.
PwC / Carlos Saavedra
Retainer, scope, analysis, notes, final advice, AC call, closure, conflict and archive.
What they verified and communicated and why the AC conversation has no report.
Native 2016 audio
Native file, metadata, chain of custody and clean forensic transcript.
Authenticity, speakers, exact wording and separation from later annotations.
2008/2011 transfers
Deeds, LPB share SPA, financing, shareholder register and 220-unit map.
Whether fragmentation was deliberate, who designed it and which obligations remained.
Later propagation
Community documents used before the insolvency, Registry, Cadastre, Yaiza, Cabildo, RIC, AEAT, funds and investors.
Who relied on which representation and what independent check was performed.
SEPARATE 2014 CRIMINAL FILE · CLAIMED-OFFICE / ACCESS TEST
3205/2014^ documents a method-and-continuity lead, not lawful Community authority.
The complaint records source-reported/claimed president and administrator titles, unspecified work, entry, unit inspection and a key dispute. Gil directly alleges that Aizpurúa and FMMM had no legitimate office or mandate and that the titles were part of criminal Community-organ hijacking/holding out from 2011. A 7-Oct-2014 email proves that counter-allegation was preserved contemporaneously; it does not prove it true. The event can be tested as a seed/mid-chain lead toward 7 June 2018, but does not prove a common plan, false complaint, shadow administration, guilt or outcome.
Procedural perimeter: FMMM is one of the five named in NEXUS 36 / DP 1901. Aizpurúa is not one of those five; Gil presently treats her as a material historical witness and possible future additional party, subject to objective indications and full defence rights.