Municipality and FDA in dispute over loan of the ASA stadium

The Fedeazuay U14 women’s team uses the Alejandro Serrano Aguilar stadium in the Conmebol Evolution Development League.


Mayor Cristian Zamora stated that this Thursday, February 15, he will reverse the loan of the Alejandro Serrano Aguilar stadium so that it can be managed by the Municipality of Cuenca.

He assures that the Azuay Sports Federation (FDA) – current administrator – cannot do anything and is supported by the ninth clause of the notarial deed.

Failure to comply with any of the obligations that the Beneficiary undertakes through this instrument will be sufficient cause for the I. Municipality to terminate this contract in advance and unilaterally.

Zamora specifies that he does not require the approval of the Cantonal Council to make the decision. However, on July 12, 2006, it was the Illustrious Cantonal Council that decided to hand over some real estate as bailment.

The deed states that said properties are delivered “to be used for the specific purposes of each of them, specifically for the sports for which they were built.”

The mayor proposes a management model through which all income generated by the stadium (advertising, events, etc.) is reinvested in its maintenance.

Since its knowledge, it is something that has not been fulfilled and the federative entity has not been able to demonstrate it, being the main cause for the reversal of the loan.

He warns that when the administration is municipal, the changes will not be immediate. They will only begin to take shape after a year.

Before that, you will have to wait at least six months for funds to be raised to define – with all those involved – improvement priorities. He gives as an example of priority, the change of lighting towers.

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The other face

The president of the FDA, Edwin Loyola, tells Diario El Mercurio that the lawyers review all the clauses of the bailment to request a protective action.

He anticipates that “his hand will not shake” to defend the institutions and the space where athletes are trained.

We operate in accordance with the law and only the competent judicial authorities will be the ones to agree with the FDA or the Municipality.

Loyola refers to Art. 382 of the Constitution of Ecuador.

The autonomy of sports organizations and the administration of sports venues and other facilities intended for the practice of sports is recognized, in accordance with the law.

On the other hand, Art. 23 of the Sports Law stands out, on self-management and destination of income.

“Sports organizations regulated in this Law may implement mechanisms to obtain their own resources, which must necessarily be reinvested in sports, physical education and/or recreation, as well as in the construction and maintenance of infrastructure.”

Loyola indicates that the FDA receives a budget of $1,513,000, four times less than that of Fedeguayas, for example. Through self-management, in 2023, they reached 1,400,000, including income from tax incentives that are not in cash but in various works.

Other scenarios

Zamora made public his intention to request a monthly report of income and expenses at the Miraflores track, at the Bolivarian Complex and at the bicycle track – which are also municipal assets given on loan to the FDA.

Loyola specifies that all the information is received by the State Comptroller General’s Office because they receive funds from the Ministry of Sports, but they will have no problem providing information to the extent possible.

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Art. 23 of the Sports Law states:

The self-management resources generated by sports organizations will be subject to an annual private audit and their reports must be submitted during the first quarter of each year, which will be subject to verification by the Sector Ministry.

Zamora questions precautionary measure presented by the FDA

Updated at 10:15

Mayor Cristian Zamora, through a video broadcast on his X account on the morning of this Thursday, February 15, 2024, spoke about the action filed by the FDA.

Refers to the request for precautionary measures “to prevent” the Cuenca Cantonal Council from learning about the “deplorable” situation in which the stadium is located in the afternoon.

He questioned the content of the text and referred to the current stadium conditions and to the legal figure that includes the bailment.

The FDA ruled about the situation of the stadium and assured that the income has been invested as stated in the agreements.

Details

  • The term of the loan agreement for the Alejandro Serrano Aguilar stadium is set at 30 years, counting from October 1, 2011.
  • An average of $100,000 goes to the FDA for the stadium. Between 60 to 65 thousand dollars are allocated to maintenance, the rest to training sports.
  • The loan contract for the Miraflores track, the Bolivarian Complex and the bicycle track has been in force for 50 years, starting in 2006.

LigaPro reaction

The reality is that the ASA stadium has always been bad, very bad. It is excellent news if the Mayor is going to take the reins of the administration and maintenance of this scenario. Mr. Mayor @czamoramatute count on @LigaProEC in everything that is needed to recover this wonderful place of Ecuadorian football. Cuenca and its people deserve it.

Miguel Loor, president of LigaPro

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