NON-NEGOTIABLE GOVERNANCE · AUTHORITY / CAPACITY / STANDING / PERSONACIÓN

Authority before arithmetic

A figure, fee, quota, debt or expense cannot answer the threshold question: who was legally acting, for what exact body, under what authority, and with what procedural or patrimonial effect?

8 FEBRUARY 2018 · “NOT CHANGE THE AMOUNT”

An unchanged amount does not establish lawful authority. Change of creditor ≠ change of credit; and neither proposition proves who could act as the “Comunidad”, whether the obligation was valid, whether the actor had standing, or whether a representation was lawfully introduced and given effect.

THIS IS NOT AN ARITHMETIC QUESTION.

Automatic audit trigger

Every appearance of Comunidad, Comunidad de Propietarios, community, comunidad de bienes, cuotas, derramas, fees, honorarios, gastos or deuda comunitaria triggers this audit before amount:

^ INCIDENT^ ALL PARTIES^ EXACT ACTOR / NATURAL PERSON^ EXACT ENTITY / LEGAL FORM^ CLAIMED CAPACITY^ SOURCE OF AUTHORITY^ FORMAL PERSONACIÓN IN CONCURSO 36/2012^ STANDING / CAPACITY / REPRESENTATION^ ACT PERFORMED^ DOCUMENT / DATE / SOURCE^ RECIPIENT — JUDGE / LAJ / AC / PARTY / THIRD PARTY^ PROCEDURAL EFFECT^ PATRIMONIAL EFFECT^ CRIMINAL / PROSECUTORIAL RELEVANCE^ CONTRARY OR INNOCENT EXPLANATION^ EVIDENCE GAP^ RELATED INCIDENTS^ ALL RELATED ACTORS

Control boundary: “NOT LOCATED IN THE PRESENT CONTROLLED CORPUS” is not “did not exist / did not occur.” A certified complete docket is still required before a negative proposition is treated as conclusive.

Canonical Comunidad authority matrix

This matrix deliberately separates the Community, private legal persons, natural persons, creditor/title capacities and alleged de facto-control roles. Association, ownership, creditor status or corporate office does not automatically create Community authority.

Actor/entityNatural personsClaimed roleLegal formAuthority relied uponFormally personated in 36/2012?Standing documentActs attributedCourt/AC treatmentProcedural effectPatrimonial effectEvidence statusCriminal/legal issue
Comunidad de Propietarios Sun Park / generic “Comunidad”Must be resolved incident-by-incidentOwners’ community; fee/quota, voting, security, access and common-area acts are attributed in different recordsCommunity of owners; composition/date must be provedACTAs, resolutions, office, powers or asserted owner-community authority depending on incidentNOT LOCATED as a complete certified date-resolved personación recordNo single canonical poder/personación yet located for every material interventionFees/debt, decisions, security/access, representations affecting LPBJudicial/AC “Comunidad” references exist and require identity/authority/reliance auditIncident-specificPotential estate/hotel/property effects; source-specificPartly documented; authority chain incompleteWorking allegation of possible unauthorized/misleading Community identity use; offence elements not established by label
Acosta Matos / CAM perimeterJDAM, LPAM, FMMM and others only where source identifies themCreditor/owner/private-actor perimeter; not the same legal identity as the CommunityExact legal person must be resolved document-by-documentCredit/title/ownership and sometimes asserted Community-derived positions must remain separateNo single certified denominator located for every capacityCredit/title record is not itself a Community mandateCreditor/title acts; alleged access/control; AC/court communicationsDisaggregate by exact capacityDocumented in some creditor/title lanes; Community lane separately auditableCentral alleged estate/control effects, still incident-specificMultiple capacities documented; Community authority not established by capacity aloneFraude procesal/concursal and de facto-control allegations require statutory proof; no finding of guilt
Francisco Mario Matos MatasFrancisco Mario Matos MatasAlleged Community-facing/de facto-control actorNatural personAny office, mandate, ownership or corporate authority must be proved per incidentNOT LOCATED in personal capacity for the reviewed Community actsGeneral Community mandate not locatedAlleged material/control conduct where sources identify himNo generalized judicial authority inferredUnresolved / incident-specificRequires attribution/accountingAllegation with documentary leads; authority incompleteTest alleged de facto administration/false-authority/participation actor-by-actor
Antonio Cogolludo RojasAntonio Cogolludo RojasPrivate/corporate actor in security/operations/Community perimeterNatural personCorporate powers and any Community mandate must be separatedNOT LOCATED in personal capacity for reviewed Community actsGeneral Community mandate not locatedSecurity/operations/corporate and alleged de facto-control conduct where sourcedNo standing inferred from company officeUnresolved / incident-specificPotential access/security effects require proofCorporate links documented; Community authority unresolvedAssociation is insufficient; participation requires conduct/knowledge evidence
Shaila María Cogolludo RamosShaila María Cogolludo RamosPrivate/corporate perimeter actorNatural personLater powers cannot be back-projected into 2018 Community authorityNOT LOCATED for reviewed 2018 Community actsContemporaneous 2018 Community mandate not locatedOnly acts contemporaneously sourced to herNo retrospective authority inferenceUnresolvedUnresolvedLater corporate power documented; 2018 Community authority not establishedNo participation/intent inference from later authority
José Daniel Acosta MatosJosé Daniel Acosta MatosNatural person in creditor/owner/business perimeterNatural personSpecific credit/title/corporate/Community instrument requiredNOT LOCATED for a general Community mandateSeparate capacity evidence does not answer Community standingOnly source-attributed perimeter actsExact actor/capacity requiredUnresolved as Community representativeUnresolved as Community representativePerimeter relationship; Community capacity unresolvedNo criminal inference from relationship alone
Laura Patricia Acosta MatosLaura Patricia Acosta MatosNatural person in business perimeterNatural personSpecific corporate/title/Community instrument requiredNOT LOCATED for a general Community mandateGeneral Community authority not locatedOnly source-attributed actsExact actor/capacity requiredUnresolved as Community representativeUnresolved as Community representativePerimeter relationship; Community capacity unresolvedNo criminal inference from relationship alone
Pamanil, S.L.; Pamalexsha Servicios Integrales, S.L.; Explotaciones Noalpa, S.L.Date-specific corporate officers/powers must governCorporate vehicles in the wider perimeter; not treated as “Comunidad” merely by associationSociedades LimitadasCorporate authority only unless separate Community mandate is producedNOT LOCATED as Community representatives in the present controlled corpusCommunity standing documents not locatedCorporate/perimeter acts only where sourcedNo Community standing inferred from corporate existence/officeUnresolvedUnresolved / incident-specificCorporate records partly documented; Community authority unresolvedAny alleged instrumental use requires transactions/instructions/conduct/knowledge proof

Machine-readable canonical matrix →

Formal-Concurso audit

For each actor/entity the controlling questions are whether it filed a poder, identified procurador/counsel, obtained party/creditor/interested-party recognition, appeared in an incidente concursal, received traslado, filed claims, obtained orders, asserted fees/quotas/debt, exercised rights over LPB or the masa activa, or obtained recognition from the AC, judge or LAJ. Where the presently controlled corpus does not answer a question, the status remains an evidence gap.

Every judicial reference to the “Comunidad” is therefore an evidentiary event: identify what entity the judge meant, who acted, the authority source, formal status, AC verification, LPB challenge, judicial resolution, reliance and resulting procedural/patrimonial consequence.

Separate 2014 authority-verification event

3205/2014^ has a contemporaneous complaint and summons concerning a distinct Arrecife access/key incident. It remains contextual only and is not part of Insolvency 36/2012.

Source-reported roleIdentity treatmentAuthority / personationMerits and outcome
Community president / complainantContextual candidate Asunción Aizpurúa Sánchez · PD-SP-P-0004; primary source form not silently mergedExact Community, date-effective appointment, mandate, work order, access authority, funding and personation remain openThe complaint records an allegation and the summons a scheduled hearing. Corroboration, hearing occurrence, decision, appeal and finality remain open. No Concurso relationship is inferred.
Community administrator / affected partyContextual candidate Francisco Mario Matos Matas · PD-SP-P-0009; shortened primary source form remains controlled