LA CANADA PHASE 2 COMMUNITY MEETING

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10 Oct 2008 12:00 AM by PHYLISS Star rating. 6 forum posts Send private message

LA CAÑADA PHASE II
COMMUNITY MEETING
to be held on
28 October 2008

All Property Owners

You should all be aware by now that the above meeting will take place at Quara's offices.

Clearly, one of the important items to discuss and vote on will be the appointment of Administrators for our Urbanisation.

It is also clear that Quara will nominate their chosen Adminisrators, Canovas.

You will know from a previous circular that it is our recommendation that we do not accept Quara's nomination, due to the problems Phase 1 had with Canovas, 
viz:

6 months of no concrete movement production of the Minutes Book; CIF number; Bank account, etc.

No safety equipment or signage for the swimming pool

No action in respect of outstanding defects

Distinct lack of communication with the President and Committee Members

It was for these reasons Phase 1 decided to change Administrators to OCSI. Even now, with the new Administrators in place, Canovas are still frustrating OCSI's efforts by withholding documentation that legally belongs to Phase 1.

I am sure you will agree that we do not want to go down this route.

I understand that Canovas have started to send correspondence confirming the Commmunity Meeting, but, as with Phase 1, these have only been sent to a limited number of addresses. Contained within that correspondence will be a form of Proxy Vote.

In view of the above, and should you agree with the recommendation, it is imperative that Proxy Votes are not returned to Canovas as this would allow them to vote for themselves as Administrators.

If you are unable to attend the meeting I would be grateful if you could forward your Proxy Vote to either myself, or someone of your choice who could attend on your behalf.

Regards
Jean Bevan



This message was last edited by PHYLISS on 10/10/2008.


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10 Oct 2008 5:51 PM by arne56 Star rating in La Cañada and Uppsal.... 192 forum posts Send private message

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I just get hold of the call for the meeting from Canovas. Check you email!
If you have not got it by mail, by hand or by e-mail, Please give me your e-mail address and I will send it to you.

_______________________

Better listen to a breaking string than newer draw a bow.



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10 Oct 2008 6:29 PM by C&A Star rating. 7 forum posts Send private message

Dear All,

Firstly, thanks to everyone for keeping us all informed – everyones help and hard work at La Canada is very much appreciated, especially to those of us that are not resident and cannot be as hands on as we’d like.

Just reading the information regarding the voting in of administrators and a few alarm bells began to ring – can anyone put my mind at rest over the following??


Is the decision on who to elect made as a percentage of the number of people who have voted (either by proxy or in person) or a percentage of the number of Phase 2 householders?

If it is the latter, then consider the following (sceptical as I am!)

If only 30% of households receive letters and/or proxy details for voting – for whatever reason, then even if everyone who receives this paperwork votes – and votes for an alternative administrator, would the remaining 70% of uncast votes (being the higher percentage) automatically default to Canovas becoming the administrators?

 

If this is the case that it is absolutely imperative that somehow we, as a community, can account for every household receiving, from Canovas, their entitlement to a vote – either in person or by proxy, and also actually placing a vote.

I hope I am wrong with this thought because we could otherwise be in danger of having no control over the outcome.

 

I’m afraid we are in the UK and won’t be around for the vote, (but will be voting by proxy) but if there is anything we can help with; please let us know since this is so important to us all.

Kind regards

Claire and Andy




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10 Oct 2008 7:03 PM by arne56 Star rating in La Cañada and Uppsal.... 192 forum posts Send private message

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Lot of questions
Try to answer the most important:
Canovas is not yet voted; the are just asked by Quara to call for and run the meeting. They do not have any vote unless they got proxy vote.

HORIZONTAL PROPERTY ACT
section 16
---

section 17
----
All other resolutions shall be adopted with the vote of a majority of the total number of unit owners
representing a majority of the assessment quotas.
Where the meeting is held on second call, the resolutions adopted by a majority of those present shall be
valid if they represent more than half the value of the assessment quotas of those present.

----
As probebly less than 50% of the quotas are present, it will be a second call after half an hour. Then the majority of those present (in person or by proxy) have to approve the resolutions and they must also represent the majority of quotas present.


Puh! This was just a quick and ruff answer. will look into it and try to formulate clearer answer later.

Should a majority of the unit owners representing a majority of the assessment quotas not be present at the
time of the first call, the meeting shall then be convened on second call with no quorum being required.

 



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11 Oct 2008 1:18 AM by C&A Star rating. 7 forum posts Send private message

Thanks Arnie.  Thats really good info, and also good news.

 

Regards

Claire




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11 Oct 2008 10:03 AM by arne56 Star rating in La Cañada and Uppsal.... 192 forum posts Send private message

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Sorry I was a litle hasty last night. The last paragraph is from section 16.
I saw on the proxy form it says "or CANOVAS ....." . Cut out that unless you want to give your proxy vote to them.
In the message it says you should send it to Canovas "in order you are duly represented". This is also a trick. You can give ore send it to whom you give the proxy vote, but this person have to present it at the meeting.

If you accidently sent the proxy to Canovas to represent you, you might  give the proxy to someone else, clarly saying in writing, that it overules the proxy to Canovas.

Section 15

1. Unit owners may attend meetings of the general assembly in person or by legal or voluntary
representation, for which a written proxy signed by the unit owner is sufficient accreditation.
----
I cant find anything saying that it should be sent to Administrator or President.
Full text in English of the Horizontal Law can be obtained from   CASTILLO TRADUCTORESwww.ammex.org/administracion-de-comunidades/pdf/LPH%20in%20english.pdf 

 



_______________________

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11 Oct 2008 6:49 PM by gazza42 Star rating. 24 forum posts Send private message

Please be aware that if you are looking to give someone your proxy vote then it must clearly have your signature on the form. (NOT PRINTED)
If you have been emailed this form then you must print it off, sign it and scan the document ready to be emailed to the person of your choice or it can be faxed or mailed.
If this form is not clear with the correct details then Canovas will not accept it.
They will do what ever they can to make things easier for themselves. Be careful!



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