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EH-6 MINUTES OF THE ORDINARY ANNUAL GENERAL MEETING
OF THE COMMUNITY OF OWNERS EH-6, HELD ON THE 11TH JUNE 2008.
In Playa Flamenca, in the Baker Foundation on the 11TH June, 2008, the Annual General Meeting of the Community of Owners EH-6 begins at a second calling at 5:30 pm, being present or represented 43 owners, with the following agenda to be discussed:
AGENDA:
1.- Approval of the expenses of the last financial year
- Election of the board-members.
.- Offer from Urbanizadora Villamartín to stop the legal action the community has against them for the issue with the pool. Note: as we were waiting this offer, we have been obliged to delay the calling more than usual .
.- Presentation for approval of the budget for the financial year 2008-2009
.- Date of the next meeting
6.- Approval of a debit balance giving authorization to the board to take legal action against debtors. On 28th May, 2008 the following owners owe more than one quarterly fee (debt to the end of June 2008 is
indicated): 409 (299,46€), 420 (485,22€), 422 (485,22€), 435 (392,04€), 438 (575,61€), 446 (185,22€), 452 (472,99€), 462 (199,91€), 481 (313,26€), Garage 14 (115,00€).
The community has started legal action against the following owners (debt to the end of June 2008 is indicated -legal costs must be added to these amounts-): 447 (668,60€), 459 (668,54€), 466 (852,85€), 477 (1.149,94€), 484 (1.195,94€)
NOTE: On behalf of the Art. 15.2. of The law of Horizontal Property: “Owners who at the time of the Assembly are not current in the payment of all their debts owed to the community (…) shall not be allowed to vote”.
To discuss the issue with the gate at the rear of the urbanization. (Installation of a motor or leave it as it is)
8) Any other business.
- Drop curbs wheel chair access to be created at the top of car parking area (near numbers 434 & 436)
- Security cameras to be installed to cover all access points to the urbanization.
- To restrict all pets to owners only, not to tenant / holidays makers / renters.
PRESENTS Y REPRESENTED:
Owners of properties:: 401 - Coef: 0,90% (Proxy for nº 402 - Coef: 0,80%), 403 - Coef: 1,24%, 419 - Coef:0,96%, 424 -
Coef: 0,80% ( Proxy for nº 411 - Coef: 1,07% y 417 - Coef: 0.80%), 428 - Coef: 0,90% (Proxy for nº 416 - Coef: 0,90%), 433 -
Coef: 0,96% (Proxy for nº 406 - Coef: 1,07%, 412 - Coef: 0,96%, 427 - - Coef: 1,24%, 430 - Coef: 0,90%, 432 - Coef: 1,07%,
434 - Coef: 0,90%), 441 - Coef: 0,80%, 442 - Coef: 0,90%, 458 - Coef: 0,90% (Proxy for nº 404 - Coef: 1,24%, 407 - Coef:
0,90%, 413 1,24% , 414 - Coef: 0,90%, 421 - Coef: 0,90%, 439 - Coef: 0,96%, 451 - Coef: 1,07% ,453 - Coef: 0,80%, 454 -
Coef: 0,90%, 459 - Coef: 0,80%, 465 V 1,15%, 470 - Coef: 1,15%, 474 - Coef: 1,15% , 481 - Coef: 1,15%, 483 - Coef: 1,22%,
486 V 1,15%, 485 V 1,15%), 462 - Coef: 1,15%, 468 V 1,23%, 471 - Coef: 1,22%, 490 - Coef: 1,15% (Proxy for nº 488 - Coef:
1,23%, 489 - Coef: 1,15%), 491 - Coef: 1,22%2
Before we started we welcomed all the presents. The administrator proposed to start the meeting with item 3 of the agenda of the calling: “Offer from Urbanizadora Villamartín to stop the legal action the community has against them for the issue
with the pool”. He explained that both him and the president have had several meetings with the representant of Urb.Villamartin to resolve this issue as soon as possible and in the best way for both parts. The administrator commented that Villamartin does not need anymore this pool for the other community, due to the result of the legal process the other community had against Villamartin, then both part had meeting to see the requests of Urb. Villamartin, during which one they showed us the cost of building the pool (around 38.000€), plus the costo f the land, to which the administrator said the community would not pay this amount. Urb. Villamartin said they did not intend to charge them this, only a reasonable amount.
Further several meetings, Urb. Villamartin proposed that the community pay for the cost of electricity and maintenance for the last four years (except the water, as up to date the community has been paying for it), something logical, as the owners of Community EH-6, are the ones who used the pool. When summing the invoices of electricity and maintenance made by Urb. Villamartin we get to the amount of around 9.100€, plus the cost of the notary, register, cost to stop the legal process, etc… as they would give the pool by title deeds so the community would be owner. The administrator said it would be an extraordinary payment of 150€ per owner, and the president will have to sign the deeds of the pool and land at the notary within the delay of one month, one month and a half. He added that Villamartin commits themselves in completing the pool in perfect conditions before it is signed at the notary, and they indicated us that in September they would repair the tiling of the other on. The administrator indicated that during an indeterminate delay, hopefully not too long, the pool will remain closed as Villamartin need to find out where the leak comes from and repair it, before the deliver it to the community.
The administrator commented that the offer made by Villamartin is quite reasonable, as what they were asking for, should have been paid by the community if the pool would have been from the community since the beginning, moreover the community is claiming for the pool to the court, and this is what the community is being offered with the advantage that it would be immediate and would not need to go through problems of maintenance, dirt, and would save themselves from he uncertainty failure of the judge.
Various owners asked what would be the possibility for the community to win the legal process. The administrator said that the solicitor of the community is confident that we can win, but the same says the solicitor of Urb. Villamartin, and we cannot know until judgement is given. He also said that we must take into consideration that Urb. Villamartin could appeal the judgement if the community wins, as they have done with the other community, so the final decision would be delayed, with all the corresponding inconveniences, and cost of the solicitor this delay would involved.
The presents agreed on the proposal of 150€, as this would stop all the problems related to maintenance, cleaning and they would be owner of the pool and land, as well as the pool could not be use by any other community.
An owner asked if we could use the community fund, the administrator recommended not to use it, as this year the community will have to maintain two pools and we do not know what can happen, and we would need enough money to cover any possible emergency.
The owner of properties 490 and 491 disagreed, as under his opinion, they have been paying for four years the water of the pool, so for him Villamartin assumed the pool was from the community, and this is why they pass the contract of Aquagest to the name of the community. A lot of owners understood his position and though it was right, but paying 150€ they would forget about all the problems with the pool and would be owners, so for them there was no need to involve more legal aspect which would only delayed the process, keeping the same problems, additional costs for the owners. Moreover, going to court supposes the probability, for small that is, of that it could be lost.
Marco thought that due to the current crisis of the real estate area, Villamartin is trying to secure some incomes selling the pool for 10.000€. The administrator commented that Villamartin is a strong builder and that for them this amount does not represent a lot.
Further those comments, we proceeded to the votes, being approved the proposal of buying the pool from Villamartin, by the majority of the presents and represented, with four votes against of the following properties: 488,489,490 and 491.
Note: We give delay up to 28th July, 2008 for everyone to pay 150€. It is important everyone pay as soon as possible. The owners who have direct debit set up for their community fees will be charged half of the amount on 21st July, 2008, and the other half on 28th July, 2008, unless they notify in writing the administration that they do not want to be charged by direct debit.
2.- 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….
He also thanked the work achieved by Marco Sappa and Norah Bond, who helped on several occasions in everything they can. As well as Mr Hampson who checks on a regular basis the account of the community to detect possible mistakes before sending the account to all the owners.
The administrator recommends to continue with the same president as all the legal processes are in her name, which will make easier the issue, as this year it will be necessary to sign at the notary for the pool and to will have to stop the legal process with Villamartin.
Once finished with this introduction, we asked for candidates for the position of president, agreeing Mrs Murray to continue for another year. Having no one against, it was unanimously agreed by the present that Mrs Murray will be the president for another year.
We then asked candidates for the position of vice president, presenting herself Mrs Norah Bond owner of property 433, everyone being in favour for her to be vice president for this year.
We asked candidates for the position of members, presenting themselves Mr Hampson, Mr Sappa, Mrs Evett and Mrs Adlem, being 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 owner’s EH-6 consists in the following members:
President: -Nicola Maria Murray (nº 458). Vice President: -Norah Bond (nº 433)
Members: -Mike Hampson (nº 403); Eileen Evett (nº 462), Marco Sappa (nº 490) y Jennifer Anne Adlem (nº 424)
Secretary-Administrator: -José Javier Ferrández Torres, Salvador Solano and Helene Thibaut on behalf the company OCSI.
3.- Offer from Urbanizadora Villamartín to stop the legal action the community has against them for the issue with the pool. Note: as we were waiting this offer, we have been obliged to delay the calling more than usual .
The administrator indicated that this item at the beginning of the meeting.
4.- Presentation for approval of the budget for the financial year 2008-2009
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