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MINUTES OF THE ORDINARY ANNUAL GENERAL MEETING OF THE
COMMUNITY OF OWNERS EH-6, HELD ON THE 02nd MAY 2007.
In Playa Flamenca, in the Baker Foundation on the 02nd May 2007, the Annual General Meeting of the Community of Owners EH-6 begins at a second calling at 5:30 pm, being present or represented 25 owners, with the following agenda to be discussed:
AGENDA:
1) Reading and approval of the minutes from last meeting.
2) Approval of the expenses of the last financial year
3) Election of the board-members.
Note: Unfortunately the present President, Mrs Nicola Murray, is not in a position to continue as
President of the community. Please if anyone wish to be president, we would appreciate it if you could
contact with our office prior the AGM.
4.- Presentation for approval of the budget for the financial year 2007-2008
5.- Date of the next meeting.
6.- Approval of a debit balance giving authorization to the board to take legal action against
debtors who owe more than 300€ to the Community on 14th March 2007.
7) Proposals:
1) Approval of an extraordinary payment of 100€ for general maintenance as per example:
11) Painting of the external walls of the community, painting of the electronically gate,
- Put the name of the community on the main gate (something similar to Jumilla and Montilla III)
- Put a motor on the vehicle access door
2.- Pool guard contract to be extended from 15/06 to 15/09 (one more month than the present
contract) (1.650,00€ more, if the price remain as last year)
8) Any other business.
- Close of meeting.
PRESENT OWNERS AND PROXIES:
Owners of houses: 401, 403 (with proxy votes for n 404 and 433), 412, 419, 424 (with proxy vote for
n 417), 436, 439, 442, 451, 457, 458 (with proxy votes for n 413, 427 and 448), 462, 471, 472, 473,
479, 480, 488, 490.
Before the meeting starts, the administrator, Mr. Jos Javier Ferrndez Torres thanked all those present for their attendance and asked them to follow with the agenda.
1) Reading and approval of the minutes from last meeting.
The administrator stated that the minutes had been sent to all of the owners and since nobody had been against the contents, it was approved. He asked if there was any questions regarding the minutes and there were no disagreements. He also said that if somebody had not received them, they should contact the Administration.
2) Approval of the expenses of the last financial year
EXPENSES REPORT:
Various 4.271,52 €
Lift Maintenance 5.011,10 €
Telefonica (Lifts lines) 313,16 €
Iberdrola (Lighting) Blocks 824,56 €
Iberdrola (Lighting) Garage 156,80 €
Aquagest (Water) 173,79 €
Bank fees 7,98 €
Aquagest (Water) - Comunal 4.124,08 €
Iberdrola (Lighting) Comunal 1.961,01 €
Insurance 3.145,21 €
Pool Life Guard 3.300,00 €
Administration 5.332,92 €
Garden Maintenance 3.120,00 €
Pool Maintenance 3.897,60 €
Pool Products 818,36 €
Community cleaning 2.400,00 €
Garages Cleaning 1.200,00 €
Balance on the account on 21/03/06: 11.379,85 €
Balance on the account on 14/03/07: 9.864,56 €
Total expenses from 21/03/06 to 14/03/07: 40.058,09 €
Total Incomes from 21/03/06 to 14/03/07: 38.542,80 €
Before he started the administrator indicated that further an enquiry made, the accounts of a community are not the same as a company accounts, as depending on the date the accounts are sent in the exercise is closed in order to send the information to all the owners this will reflect the expenses of 13 months or less. He stressed the fact that the target is to show the real expenses of the community along the exercise, reflecting the amount and description of all the expenses for everyone to acknowledge them. He also indicated that sometimes the expenses can be higher than the incomes due to some extraordinary expenses, like a breakage in something, water leak, building work, etc but this does not mean that the community is in danger to remain with no money in the account for the water and electricity bills as the administrator always calculate a budget higher to the necessary one, so the money is being accumulated in the account to resolve any arisen matter.
An owner asked why the water consumption was higher this year, the administrator explained that the water expense was high due to the leak in the pool over the last summer. It was indicated that this could not be repaired at the time as it would have been necessary to close the pool during a certain time, and due to the time of the year this happened (July) it was decided to repair it after the summer in order to cause less inconveniences to the owners during the peak season. At the moment the leak has been repaired.
3 The administrator wanted to thank Mr Hampson owner of property 403 for his collaboration, as he checks on a regular basis the accounts of the community to detect any mistake before the calling is sent to all the owners.
It was asked if anyone had any more questions or comments with regards to the payments of the last financial year. Having no queries we proceeded with the votes and it was unanimously approved.
3)- Election of the board members.
The administrator thanked the work achieved by the board members, especially by the President who has had a lot of inconveniences with the legal processes, having to declare, to prepare the judgement, resolving doubts and complains from the owners, etc
. The administrator explained that for personal reason and due to the fact that a friend of her is ill, she communicated to us that she was not in a position to continue as president this year.
The administrator regretted this news, as he considered her a good President but explained he understands the situation. He also thanked the work achieved by Marco Sappa owner of property 490, who helps us in all he can, as well as Norah the vice president. Then, we asked for nominations for the president. The administrator took the opportunity to remind all present the importance of having a president who lives on the community, as this year there will be a lot of matters to resolve with the legal process with Villamartin for the pool. Having no one volunteer, the administrator asked Nicola to remain president for another year, she accepted indicated that she will help in all she can, but stressed out the fact that this year she will not have a lot of time, being all the present in agreement with the situation.
The administrator asked everyone not to complain that much to the board members, as they always try to do the best for the community, and reminded to take into consideration that the president and board members are working for free, spending of their time for the smooth running of the community. Moreover, due to the fact that the president accepted to continue for another year as there were no volunteers and already said she would not have a lot of time due to her friend illness, the administrator asked people not to complain to her as she already has a lot to do with the legal process of the community and asked people to community any breakages, necessary repairs directly to the administration office or the others board members. He reminded that board members are not the police of the community and reminded members that as they jointly own the community any member can remind guests of the rules and report incidents.
We then asked candidates for the position of vice president, as the current vice president Mrs Norah Bond owner of property 433 informed the administration office that she could not continue with the position this year for personal reason. Mr Raymond Ellison, owner of property 457, everyone being in favour.
With regards to the other board members, all were in favour to continue one more, having no votes against, it was unanimously approved.
Also the administrator was put to the vote and it was approved unanimously to continue another year with him, for what he thanked all those present.
Consequently the board of the community of owners EH-6 consists in the following members:
President: Mrs Nicola Maria Murray (property n 458). Vice president: Mr Raymond Ellison (property n 457 Board Members: Mr. Hampson (property 403), Mr. Russell (property 412), Mrs Elaine Pimm (property 462), and Mr Hardman (property 472)
Secretary-Administrator: Mr. Jos Javier Ferrndez Torres, Mr Salvador Solano and Miss Helene Thibaut on behalf the company Orihuela-Costa Serv. Inmob., S. L.
4) Presentation for approval of the budget for the financial year 2007-2008
BUDGET 2007-2008 FOR OWNERS COMMUNITY EH-6 MONTILLAS
4 -Expenses of one block:
-Lift Maintenance
214,15 € per month
. 2.569,80 € per year
-Lift line: ........
15,97 € per month
..191,64 € per year
- Electric lights for block and elevator:..
.40,00 € per month
..480 € per year
-Water: ...
..10,00 € per month
..
.120 per year
- Miscellaneous block incidents (breakings, bulbs, etc): .....
..
430 € per year
-- Communal expenses of the 2 blocks garages:
-Administration: -3 € per property (32) per month
.
96 € per month
..1.152 € per year
- Cleaning of the 2 blocks garages (once a month):..
..100 € per month
...1.200 € per year
- Electric lights for the garages of the 2 blocks:
.......20 € per month
..
.240 € per year
- Miscellaneous (breakings, bulbs, etc.):
.360 € per year.
- Communal expenses of the 2 blocks and the independent houses:
-General meetings expenditures (photocopies, stamps, translator, translations, rent of place of the
meeting, etc.):
.................... 900 € per year
-Administration: 4,88 € per property per month (91)
444,08 € per month
..5.328,96 per year
-Pool Maintenance:
.487,20 € per month
...5.846,40 € per year
-Community Cleaning (once a week): ...
.200,00 € per month
...2.400 € per year
-Gardens & Green Areas Maintenance: ....
..260 € per month
..3.120 € per year
-Electric lights for swimming pool and communal areas: € per month
..2.640 € per year
-Water pool and gardens: ..
350 € per month
4.200 € per year
-Insurance: ...........................
..3.150 € per year
-Miscellaneous Communal areas (breakings, bulbs, etc.): ..
..2.000 € per year
-Pool products: ..........
.
.1.600 € per year
-Pool Guard (July & August): ......
.
.3.300 € per year
- QUARTERLY FEE FOR THE OWNERS OF AN APARTMENT: 153,98€
- QUARTERLY FEE FOR THE OWNERS OF INDEPENDENT HOUSES: 94,74€
- QUARTERLY FEE FOR THE OWNERS OF A GARAGE: 23 €
-If the pool guard service is extended from 15th June to 15th September (One more month,
4,950€ per year), the fees would be as follows:
- QUARTERLY FEE FOR THE OWNERS OF AN APARTMENT: 158,52€
- QUARTERLY FEE FOR THE OWNERS OF INDEPENDENT HOUSES: 99,27€
- QUARTERLY FEE FOR THE OWNERS OF A GARAGE: 23 €
5 All these prices have the IVA included. They are approximate. Some of them are based on the expenses
of similar communities and on budgets provided by different companies.
The administrator indicated that the quote sent to all the owners with the calling of the meeting is very similar to the one of last year. One owner asked for the frequency of the pool cleaning. The administrator replied that this depends on the time of the year, during the winter time there is less maintenance and in summer they go nearly every days, and the price is an average of the all the months. The administrator took the opportunity to inform the owners present at the meeting that the maintenance company Bonsai Pool agreed on not charging the community for the maintenance when we stopped the pool to repair the tiling, although the contract states that the community has to pay for the maintenance on a monthly basis, having the pool or not as this is not their fault, and reminded that the company is always available when we ring them to resolve any arisen problem within the community even if it is Sunday. He indicated that if they are not happy or if they know a better company, to communicate it so we can talk to them, then if they have all the documentation we will study the option to change. The presents indicated that up to date they are happy with the current company and indicated that they should be ask to look after the smaller pool, the administrator said he will study this possibility as this pool does not depend on him or on the maintenance company.
Various owners complained as from a certain time they do not clean the area around the blocks, and only cut the grass. The administrator indicated that he will speak with the maintenance company, and ask the owners to contact with the administration office when things are not being done properly and not to wait until the general meeting.
The administrator indicated that this year, two options were included in the budget for the pool guard because he received a proposal to increase the service from 15 June to 15 September. The president said she received a lot of enquiries asking to stop this service. An owner asked if it was obligatory to have a pool guard, the administrator explained that this depends on the square meters of the pool, in this case of the community and as indicated by the law it is not obligatory. Another owner asked for the duties and obligations of the pool guard. It was that the pool guard has to make sure the rules are being respected. The pool guard has no legal authority to arrest anyone as he can only call the police and denounce if people do not respect him or the rules of the pool. An owner added that this is everyone obligation to respect the community rules. An owner said that the pool guards sent by the company last summer had no authority as they were too young and did not know how to make them respected.
The administrator indicated that the company provides service of first aid on the beaches of Torrevieja and Orihuela Costa, as well as ambulance service. Moreover this company has its own insurance and would respond for its pool guard attitude. The administrator repeated that any neighbour can ask for quotation to other companies making sure the company is legal and have all the document to carry that sort of activity (insurance, licence
). He insisted on the fact that having or not this service, everyone must make sure rules are being respected, and have authority to remind people about the rules, but always with education. Once clarified all the questions, the majority of owners present ask to vote on the necessity to have or not a pool guard for the pool for the coming summer, then if this approved we could vote on having the service extended or not. We proceeded with the votes being refused the proposal of having a pool guard by all the presents except by four. Then, this year there will be no pool guard. The administrator reminded that even if this was not approved the committee has the authority to decide on contracting a pool guard if they feel it is necessary for the pool, all the presents agreed on this. He also reminded that the president is not going make the rules being respecting as this is down to everyone to respect them and make sure they are respected. We informed that we will keep the same budget sent with the calling, included the service of pool guard (2 months), in case the committee decide it is necessary to contract a pool guard. Then, depending on what happen this summer with the pool rules, we will consider for next year the contract of the a pool guard. If this year it is not necessary to contract a pool guard the money will remain on the account as fund.
THEN THE NEW QUARTERLY FEE WILL BE ISSUED BY OCTOBER 2007.
- QUARTERLY FEE FOR THE OWNERS OF AN APARTMENT: 153,98€
- QUARTERLY FEE FOR THE OWNERS OF INDEPENDENT HOUSES: 94,74€
6 - QUARTERLY FEE FOR THE OWNERS OF A GARAGE: 23 € 8 same fee as last year)
5. Date of the next meeting.
After we asked for the more convenient date for the general meeting, it was decided to vote between the first or second week of June 2008, with the following results, two votes in favour of first week of June and eleven in favour of the second week. Then, the next meeting will be held in the same place during the second week of June 2008, as long as we can book the room. We remind all the owners to send us their e-mail address details, as well as a writing authorization, either by fax, mail or e-mail, so we can forward them all the invitation and minutes by email, saving money for the community.
6. Approval of a debit balance giving authorization to the board to take legal action against debtors. Everyone approved for the board members to take legal action against any debtors.
7) Proposals:
1- Approval of an extraordinary payment of 100€ for general maintenance as per example:
- Painting of the external walls of the community, painting of the electronically gate, - Put the name of the community on the main gate (something similar to Jumilla and Montilla III) - Put a motor on the vehicle access door
The administrator explained that this proposal was included in the calling due to several complaints of owners as the Urbanization has now been for 3 years, and requires general maintenance. The administrator explained that at the moment it is convenient not to spend the money available on the account until we know what will happen with the legal process against Urb. Villamartin, so this is why an extraordinary payment of 100, 00€ per property is required to proceed with the proposals indicated in the calling.
An owner asked why we could not use the fund reserved in the budget for the pool guard. The administrator reminded that as explained previously, even if it was not approved the committee has authority to decide to contract the pool guard in case of decontrol of the pool area during the summer. Then, this is why the administrator recommended not to use the money for the pool guard in case it becomes necessary.
Once clarified all the questions, we proceeded with the votes, being approved unanimously the extraordinary payment of 100,00€ to proceed with the improvement of the community. A delay up to 08th September, 2007 was given to make the payment of 100 €, as it is important for everyone to pay as soon as possible. Those owners who already have a direct debit set up with the administration will be charged during the first week of September, excepted if they advised us that they do not want the extraordinary payment to be made through direct debit.
2.- Pool guard contract to be extended from 15/06 to 15/09 (one more month than the present contract) (1.650,00€ more, if the price remain as last year) His proposal has been discussed and voted on point 4, which result was not to contract the pool guard, except if there are a lot of problems within the pool during the summer, then the board members can decide to contract a pool guard.
8) Any other business.
The administrator indicated he was going to explain the process against Urb. Villamartin regarding the matter with the pool located on the top part of the community. Due to numerous complains from the owners regarding its cleaning, and the state of the pool, and also several enquiry received from owners asking if they would be able to use the pool this year. He indicated that the process was started further the surprise the community had when they were told that the pool was from Urb. Villamartin and that the intention of the builder was to give access of this pool to the community Montillas III, next to our community. The administrator reminded that when they signed their titles deeds all the owners authorized Urb.Villamartin to keep this pool. then the administration and the president collected information and contacted a solicitor to study the case, at the same time the other community Urb.Villamartin was going to give access to the pool did the same, as they do not want it and were claiming back the corresponding money the owners spent in building their own private pool (in the last legal ruling of this community, which has been several year on process, they were given approval from the court, condemning the builder in paying each owner an amount of money). Further the last study of the case we have found that some private contract state one pool within the community, with a green area of 1.200m2 around it, in the title deeds signed by the owner at the Notary, it is stated one pool within the community with 180m2 and 650m2 green areas around it. So the 400m2 spare it is where the other pool has been built and which is of Urb.Villamartin regarding the title deeds they have. The community tries to denounce this, and that owners are given back what was stated in the privates contracts: 1200m2. It was asked to all the owners that if anyone had title deeds signed at the notary with Urb.Villamartin, in which one it is stated one communal area with one communal pool and green areas of 1200m2, to contact the administration office. At the present time we are waiting for the court to call us. we indicated that as soon as we know more about this we would communicate it to all the owner and the administrator asked at the moment for no one to go to Urb. Villamartin to enquiry about this, but to contact directly the administration office. For this reason and due that the pool is not form the community, it is being maintained by Urb.Villamartin, which does on the basis they consider necessary, as it is not being maintained by the same company which does the pool of our community. Urb Villamartin has expressed several time its prohibition for anyone apart them to clean the pool or manipulate the pump. We will ask authorization to Urb. Villamartin for the company which cleans our pool to control sometimes, and if necessary to clean it but it is possible that they do not agree. We explained that we will do our best bearing in mind the law for this pool to be in good condition during the summer even if the community has to pay for its maintenance.
We informed that at the moment the community is paying for the water of the swimming pool for the area to have it and not depend on Urb.Villamartin paying the bill or not. Nicola, president of the community, indicated that the owner from 463 wants to extend his porch and added that a lot of owners have made some alterations without the approval of the community or the town hall. The administrator reminded that those owners can have problems with the community and the town hall and can have sanctions. The administrator explained that nor him or the president give authorization and reminded the process to follow to proceed with legal building:
1) You must ask permission in writing to the surroundings owners and to the ones the extensions might affect, if they all give you writing authorization saying they agree on the extension then you can follow with the next step. 2) Apply to the town hall an authorization to proceed with the building, with all the documents requested, once approved and once the community has the writing from the town hall authorizing you the building, then you can follow with step 3) We will have to include the request for the building on the agenda of the calling of the next AGM, explaining with details what it is requested and then we will proceed with the votes, with this agreement and the one of the Town Hall the building will then be legal. If you do not have both agreements anyone at any time can denounce you to the Town Hall or to the court asking the remove of the building.
8.The administrator reminded that if an owner has not got the corresponding licences from the town hall, they can be denounced by a neighbour for the building done, so this owner could be sanctioned by the town hall and could be asked to remove the work and leave the property as it was when he bought it. He added that the technical department in charge of this would not only limit themselves to the denounce work but would look around and would take the corresponding measures. The owner from n 403 indicated that sometimes took the life belt of the pool area. We indicated we would replace them.
An owner asked what was happening with the light of the community as at night they do not work. The administrator indicated that there were problems with the electricity, making the lights tripping, and that an electrician was sent to look at it and was trying to resolve the matter but it is not easy as they do not always trip (this could be due by the humidity, the watering system of a property which throw water onto a light, bad contact, etc
) but it is nearly resolved as we are going to divide in various phases , so if there is any problem with a phase the rest is not dark. The administrator said that if one night there is not light to contact the following morning with the administration and tell us which area was affected so we can send the electrician.
An owner asked to all the owners who rent their property to give enough copies of the pedestrian gates to their tenants, guests or friend and not only one of the automatic door, as this one is only for vehicles access and not for pedestrian access. An owner complained as people area parking their car in front of the parking of the block and make difficult the exit of the others. The administrator explained that we can paint the area in yellow and put some board No Parking in this area, but this does not mean residents are going to respect the parking aeas and took the opportunity to remind that it is a residential area, so the grua do not enter, so we would need to contact a private company to remove the car and then claim legally the cost to the owner for this we will require witnesses. All the present agreed on this, so if someone parks and disturb the others, the owners can ring the Guardia and the cost will be charge to the disturbing neighbour.
An owner complained about a door which did not have lock, at todays date this has been done.
Various owners complained about the noise of the automatic door, the administrator indicated that we will advise the technician and see if there is possibly a problem with the wheels of the door (note: the door has now been repaired)
They complained about the volume of rubbish around the area, especially coming from the opposite commercial centre. Mr Ferrandez informed that he is also administrator of this commercial centre, and explained that he already presented several writings to the town hall for them to proceed with the cleaning of the land, as well as for them to install more rubbish bins, and said that there is no more we can do, and will keep presenting writings. The more residents complaining in writing to the town hall the best it is.
He took the opportunity to remind how difficult it is to satisfy all the resident and understands that sometimes some owners do not agree on the decision made by the board member and the administration, but reminded that they always try to make the best for the majority of residents. He ended by saying that he always try to resolve the matter at the earliest conveniences in the interest of the owner, but sometimes when it depends on third parts (town hall, builder, etc
) his company can only pressure and ask the owners to be patient in those cases. He indicated that he got from the town hall to paint in yellow the area of loading and unloading along the commercial centre, but indicated that he will keep pressuring on the town hall for them to make things. After all the items of the agenda had been discussed, the administrator and the board members thanked all those present owners for their coming. The meeting was closed at 6.55 pm.
The Secretary-administrator
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