MINUTES OF THE EXTRAORDINARY GENERAL MEETING – 16/08/2008
_____________________________________________________________
Community of Owners: PUEBLO SALINAS – PHASE I (PS1)
Date of meeting: 16/08/2008
Time o first convening: 12:00
Time of second convening: 12:30
Place of Meeting: SWIMMING POOL (PHASE I)
Under the Presidency of Javier Victoria and Mr. Francisco Gafforio as Secretary-Administrator, from Communitas.es, the meeting commences at 12:30 at second convening, in order to hold the aforementioned Meeting of the Community of Owners, pursuant to the following:
AGENDA
1. Ratification of the resolution passed at the previous meeting on the closing of the kitchen terraces.
2. Information on steps taken with Keymur by the Governing Board and Administration relative to: A) Daytime guard service, B) State of the Community gardens and height of the hedges in private gardens and supply of earth to level them, C) Date for opening the Community Spa and D) Works pending execution.
3. Current status of undertakings of the Community with third parties and benefits obtained from the same.
4. Reminder of the current rules for use of common Community facilities: Deck chairs at the swimming pool and paddle courts. Reminder on the place for leaving refuse bags.
5. Approval of the date for the next Ordinary General Meeting.
6. Certificate of the debt of default owners. Appointment of a lawyer and court agent. Granting of proxies to the Administrator for claiming the debt through the Courts.
7. Extension of the antenna for TV/Community Dish antenna/Internet. Decisions to be taken.
8. Questions and answers.
The following owners and/or representatives attended:
|
Attending
|
Coefficient (%)
|
|
ALVAREZ PANADERO PETRA
BEZOS MARTIN ALANO FELIPE
BONILLA MARTINEZ MANUEL
CHRISTIE MARY CARSON BEVERIDGE
COOKE EILEEN
CORDOBA DUQUE JOSE ANTONIO
CRESPO SANCHEZ ANGEL
DEL POZO MORO FRANCISCO JAVIER
DOMINGUES JOAQUIN/ MALDONADO MANUEL
ELEJOSTE BARREIRO MIKEL * Rep. By (Javier)
ESTEBAN ROBA OSCAR
FERNADEZ VARGAS ROSARIO
FERREIRO CALAVIA MARIA BEGOÑA
FORD BRENDAN GERARD
GARDNER LISA GAIL
GAY NICOLA MICHELLE/ PEGG IAN * Rep. By (Mary Christie)
GLOVER ANDREW REGINALD
GUILLAMOT BERNARDO JUAN MANUEL/AMPARO
HORAN BRIAN * Rep. By (Mary Christie)
JABLONSKI PAUL JOSEPH
JIMENEZ CUERVO PABLO MANUEL
JUSTO IRAOLA ANDRES * Rep. By (Francisco Javier Victoria Ocaña)
KAREN BIRD
KERKHOFS STEPHEN GERARD * Rep. By (Mary Christie)
KEY MUR S.L * Rep. By (Isabel Soler Martinez)
LAMBRECHT PHILIPPE CHISTIAN R.R.B * Rep. By (Eileen Cooke)
LENOX DURHAM JOHN
LIGHTFOOT ROBERT IAN
LORD SHAUN ROBERT
LORENZO RODRIGUEZ JOSE ANTONIO
MAILLO CALICÓ JOSE MANUEL * Rep. By (Alberto Zamorano Gonzalez)
MARTINEZ ROMERO JOSE MARIA
MIDGELOW MARTIN PETER * Rep. By (Mary Christie)
MORA BUENO ALEJANDRO
NOBLE IAN WILLIAM * Rep. By (Mary Christie)
ORIVE IGLESIAS JOSE IGNACIO * Rep. By (Alberto Zamorano Gonzalez)
OWEN ANDREW * Rep. By (Mary Christie)
PALMER GRAHAM RODNEY * Rep. By (Mary Christie)
PEREZ BENITEZ JOSE
SANCHEZ GARCIA JAVIER
SKULSKYJ PAUL ADRIAN * Rep. By (Mary Christie)
STAR RESIDENCIAL S.L
TRAVERS JAMES
VICTORIA OCAÑA FRANCISCO JAVIER
WHITE DAVID MARTYN
ZAIDAN IRENE
ZAMORANO GONZALEZ ALBERTO
|
0.5612
0.578
0.5317
0.7111
0.5248
0.5599
0.5077
0.514
0.5465
0.5457
0.5597
0.7032
0.5335
0.4906
0.6692
0.6819
0.5102
0.7051
0.5212
0.533
0.5003
0.55
0.6713
0.5338
10.7095
0.5251
0.5636
0.5272
0.52
0.5135
0.562
0.55
0.6819
0.5581
0.4929
0.5378
0.5644
0.5082
0.5607
0.6441
0.509
0.4998
0.7133
0.5652
0.5707
0.7911
0.5328
|
|
Total Coefficient
|
36.94
|
Who represent a coefficient of attendance of 36.94% of the total Community.
RESOLUTIONS
1. RATIFICATION OF THE RESOLUTION PASSED AT THE PREVIOUS MEETING ON THE CLOSURES FOR KITCHEN TERRACES
Those present were advised that at the previous meeting a resolution was passed on the need to unify the closure model for the wash rooms of the apartments since certain owners have executed the same using different criteria, either in white aluminium with glass or similar formats. The resolution which was proposed for ratification at this meeting consists of prolonging the existing wood brown (dark brown) aluminium to complete the washroom height and closing, on the inside of the home, with aluminium and/or PVC in the same colour as the outside walls, in this way preserving the aesthetic uniformity of the facades. Therefore all those owners who may have done the work on the closures and this is not in line with the above, must modify the same adapting the work to the solution approved by the Community.
A vote was taken and the resolution was ratified unanimously.
2. REPORT ON STEPS TAKEN WITH KEYMUR BY THE GOVERNING BOARD AND ADMINISTATION RELATIVE TO: A) DAYTIME GUARD SERVICE, B) CONDITION OF THE COMMUNITY GARDENS AND HEIGHT OF THE HEDGES IN THE PRIVATE GARDENS AND SUPPLY OF EARTH TO LEVEL THEM OFF, C) DATE FOR THE OPENING OF THE COMMUNITY SPA AND WORKS PENDING EXECUTION.
Under this point mention is made of the report circulated to owners advising on the steps taken with the developer during several meetings, as well as the work carried out by the managing board formed by the President, Vice-President, Secretary-Administrator and owner Alberto Zamorano, as a technician in real estate matters.
After the report by the Administrator and the President, some of the owners intervened to state their doubts on certain services, which are still pending execution, such as letterboxes, improvement of the gardens, etc.
With regard to the letterboxes, the developer has ordered them but will not be able to install the same until approximately September when they are received.
The improvement and levelling off of the gardens will take place during the autumn, since it is not advisable to carry out this work when the majority of owners are in residence, since these works will cause some disruption.
One owners reiterates her position as stated at the last meeting relative to the intensity of the community lights which she considers too bright, to which another owner replies that she prefers more light for reasons of security and ads that in the area of the chalets there is a blind spot for the closed circuit cameras and that therefore there should be more cameras. To this point both the President and the Administrator reply that the cameras are those laid down in the project, as they have verified with the developer, and that in the event of requiring more the Community will have to bear the cost.
The new timetable for the Concierge is reported as it has been agreed with Key Mare that this service will be for the exclusive account of the Community. Therefore Phase I will contribute to payment for this service according to its coefficient of participation in said Community (19.60%) instead of 100%. It is requested that the timetable should be varied so that there are not so many hours without this service during the afternoon.
It is recorded that there is a problem with the barrier at Phase I since it rises when the main gate is activated which should not happen. The installing company will be requested to verify the installation and solve the problem at the earliest possible time.
A question is asked on the opening of the spa at the social club, since owners who have bought properties are concerned that a service that was promised is not operative. The developer states that it cannot find anybody wanting to be responsible for this service because in the present circumstances this business is not profitable due to the low density of owners. The representative of the developer states that they have just had meetings with two interested parties, but that no agreement has been reached. One owner suggests that perhaps the problem resides in the fact that the income that is requested is too high.
With regard to this point, the majority of owners consider that for the moment it is better not to go to court and to maintain the friendly relationship with the developer, therefore it is agreed to request the developer to prepare a calendar for termination and start up of said Social Club, or in defect of this, a solution to the problem. It is proposed to include on the Agenda for the next meeting the possibility of taking the promoter to court in the event that there is no advancement in negotiations and to provide a budget for a lawyer to bring legal action.
One owner requests that the developer be required by means of a buro-fax to provide a calendar for termination of the Social Club. Another owner states that a children’s area was promised although not knowing exactly where it was to be located and others ask what is to be done with the land next to the tennis and paddle courts. Alberto explains that the developer states that there are still 4 phases to be executed and that while these are not finished all the common services will not be available. The representative of Key Mare says that it is true that there is a children’s area in the project, but cannot recall exactly in which of the phases it is to be located. A further owner replies that the land next to the tennis courts would be a good place to locate this children’s area.
3. CURRENT STATUS OF COMMUNITY UNDERTAKINGS WITH THIRD PARTIES AND BENEFITS OBTAINED FROM THE CHANGES
The Administrator explains the changes made in the garden, cleaning and pool maintenance services. The company was changed, releasing Ecojardines and contracting Sial services. The debt with Ecojardines was negotiated and is pending liquidation.
The owner of duplex 14.1 complains on the state of his garden, finding it deficient, reason why he is not paying Community bills and stating that he has had to contract a private gardener to prune his hedges because nobody has done this job and also that his lawn has mould. Several owners reply saying that the fact that one owner is not satisfied with certain Community services, does not empower him not to pay the corresponding quota: likewise, the Governing Body reminds all owners not up to date with the payment of their quotas, that at the time of the Owners Meeting they will not have the right to vote.
Likewise owners are reminded that the Community undertakes to carry out all tasks that can be considered as garden maintenance, that is to say, watering, pruning and fertilizing. It is then mentioned that should any owner not be satisfied with the level of their gardens or any other matter related to the same, they should make a claim to the developer to correct the same.
Another owner also complains about the mould and blames excessive watering during the spring but, in their opinion, watering is not sufficient at present. There is also a complaint that in the chalet area no cleaning is done and the sweeper does not service the area. In view of the complaints, the Administrator undertakes to verify the situation and if necessary propose an alternative to this company if it is true that the service rendered is deficient.
4. REMINDER OF THE CURRENT RULES FOR USE OF COMMON COMMUNITY INSTALLATIONS: POOLSIDE DECKCHAIRS AND PADDLE COURTS. ALSO A REMINDER ON THE PLACE FOR LEAVING REFUSE BAGS.
Owners are reminded that certain basic rules exist that should be respected by all in order to contribute to the general well-being of the community of owners, therefore the deck-chairs and sun-shades that have been installed are for the use of all owners, and cannot be reserved nor taken out of the pool area for private use of any owner, as has happened in the past. Next season further deck chairs and sunshades will be purchased.
With regard to dogs, there are some people who take out their dogs for walks around the urbanization and do not collect their depositions or else they throw them in the waste paper bins. Owners are reminded, on the one hand, that owners of pets must be responsible for the same and that the waste paper bins are not refuse containers, therefore refuse bags must not be left in them as has been occurring in spite of the warning notices.
Owners are also reminded that the swimming pool has a timetable, outside of which the Community cannot be responsible for any possible accidents, particularly when alcoholic beverages are being consumed and use is made of the pool at nighttime. It is impossible for the Community to have a policeman for every owner but that all owners can look out for the correct use and well-being, calling to order anyone infringing the rules.
A copy of the rules will be hung on the community notice board and a circular issued for all owners. It is also requested that a copy of the Internal System Rules be available in all homes to be available for any possible tenants, or that when renting possible tenants be advised of the rules as the latter tend to be less considerate towards the community.
With regards to clothes lines, there have been a great deal of complaints by owners on some of the clothes lines/driers which have been installed and which are unsightly, therefore all those present are reminded of the resolutions adopted in this respect, which are: clothes lines in principle must be hung in the places provide for this (kitchen terraces) and in the event that owners prefer to locate them in some other place, they must be installed according to the following criteria:
a) At a maximum height of 1.10 meters
b) To be totally unseen by the other homes in the urbanisation.
A request is made that a circular be drawn up requiring the withdrawal of those clothes
Lines/driers which have been installed in pergolas, gardens and other parts of the terraces and that they be installed as approved.
5. APPROVAL OF THE DATE FOR THE NEXT ORDINARY GENERAL MEETING
It is approved unanimously that the next Ordinary General Meeting be held on Saturday 15th of August 2009.
6. CERTIFICATE OF THE DEBT OF DEFAULT OWNERS. APPOINTMENT OF A LAWYER AND COURT AGENT. GRANTING OF POWERS OF ATTORNEY FOR CLAIMING DEBTS THROUGH THE COURTS.
Debtors have been notified through different means of the amount of their debts. Therefore a request is made for the liquidation of pending debts and the granting of powers of attorney to the administration company for claiming the same pending payment at this date through the courts of the municipal area of Vera in order to bring the economic situation of the Community up to date.
The Governing Body reminds all owners that, pursuant to the Byelaws of the Community, in the event of bringing these claims for pending debts before the courts, the amount will be claimed with a surcharge of 10%.
Unanimous approval is given to the granting of these powers of attorney to the administrating company, Communitas, to bring the corresponding claim to the abovementioned courts for those debts that are relative to the Community quotas of the following default owners. These should include costs and the surcharge of 10% that is established in the Byelaws, as well as any other costs that may be incurred during the procedure.
The amount of the pending receipts at the 16th of August 2008, corresponding to the listed owners is as follows:
- COTES CARRASCO, JUAN CARLOS: 508€
- DEYOEL, S.L: 930,40€
- GILLIAN JAMES: 757,60€
- CANO, JOSE MANUEL: 752,60€
- KRALJIC VOJISLAV: 799,40€
- KROEGMAN MARCEL ALBERT: 772,15€
- MARIN RODRIGUEZ, ANTONIO MARIA: 818,50€
- PEPLER ANNE, ELIZABETH: 784,60€
- RAYMOND DE CAUX, ANTHONY: 459,84€
- PROMOCIONES ROZAIMI S.L: 752€
- GONZALEZ, SANDRA: 742,50€
- KEEFE, SEAN Y CARRINA ANN, ROBINSON: 896,60€
- WENSLEY, STEVEN: 747,75€
7. EXTENSION OF THE COMMUNITY/INTERNET TV/PARABOLIC ANTENA. DECISIONS TO BE TAKEN.
A quotation has been requested for the extension of the Community TV and parabolic antenna, as well as the possible installation of a WiFi system for providing an Internet service to the Community. It was not possible to examine this proposal at this meeting for reasons beyond the control of the President and Administration.
It is proposed to ask for a quotation for the Community installation of Internet by WiFi.
It is stated that the TV signal is deficient in the homes. A proposal is made to draw up a list of those homes where the signal is deficient in order for a technician to revise them. The list will be put on the notice board so that owners can note down the number of said homes.
9. QUESTIONS AND ANSWERS
Ms. Angela Ford of 3-2-16 states that there is a problem of cleaning due to the amount of swallows nests, something that occurs on other blocks. It is proposed that these nests are removed whenever possible.
The same person complains that certain people are parking in spaces that are not theirs, principally in the tennis court area. Owners are recommended to install foldaway clamps on their spaces to avoid incorrect use. Said clamps can be acquired at hardware stores, although one owner suggests contacting the company that installed the automatic gates located in Vera, near the “Dia” supermarket.
The owner of 14.1 says that there is a similar problem in the chalet area because some users park on the street and make it difficult for other vehicles to pass. It I proposed to put up signs in the area advising users that they cannot park in common areas.
The same owner asks a question on the existing security cameras and if they are located as per the project, since he complains that there are areas that are not covered, such as the chalet area. He requests that the developer be asked why no camera was installed in that area. Some owners explain that the cameras can only be oriented towards certain places and never towards private areas nor aimed at homes.
The owner of 14.1 request that the community be advised that in the green areas of the same there are snakes so that corrective steps can be taken.
Once again it is proposed that the “For Sale/Rent” signs be removed and in their place a notice board be put up so that owners can advertise their offers.
Ms. Mary Christie asks why the day timetable for the concierge has been reduced. She is told that the total number of hours has been increased it now being 6 hours longer in total, but that during the daytime it was considered as less necessary. It is proposed that the President negotiates with the Community for more hours of nighttime and morning surveillance and less during the afternoon.
One owner has requested the modification of the edge of the terrace of the apartment, in order to prolong the wooden veranda so that the apartment can have better views and ventilation. The modification consists of opening larger spaces only where there is a wooden cross piece and to put more wooden crosspieces instead of the brick wall as already exists on certain terraces. The Governing Board answers that said authorisation, if correct, corresponds to the Community, so that this owner is requested to make a formal presentation so that it can be included in the agenda of the next meeting of owners and that further details are supplied as well as a sketch of the modification to be done.
One owner advises that next to Block 7 there is a Volkswagen that appears to be abandoned.
The owner of 7.1 says that the automatic watering system does not work, which problem is passed on to the gardener for solving.
The owner of 1-1-10 sates that there have been stoppages in the drains.
The owner of 6-1-11 states that there is always standing water next to his home and that he does not know where the water comes from.
There being no further matters to be discussed the meeting is adjourned at 13.55 on the date stated in the heading.
In Madrid on the 1st of September 2008.
The Secretaries-Administrators
Francisco Gafforio.