anyone bought / moving to San Miguel de Salinas (Angelina apartments)?

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11 Dec 2006 12:00 AM by michael52 Star rating in Bushey, Hertfordshir.... 308 forum posts Send private message

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If AEA did not comply with the following rules regarding the first meeting they have acted illegally.

I suggest that a meeting on site with additional emailed votes if necessary is held and an attempt is made to remove them as soon as possible

 

 

HOW TO CONDUCT THE FIRST MEETING

 

Sometimes the first General meeting, where the work of the Community is started up, is conducted in such a way that the legality of the Community or the validity of its decisions can later be challenged. It is important to take great care to make the meetings legal and correct.

 

First of all, at the entrance to the meeting hall you should have a person with a complete, correct and up-to-date list of all private properties, their respective cuotas and their owners. That person must note the attendance of each member and give him/her a vote card corresponding to the cuota the member represents. If someone states that he represents an owner not present, he must present his power of attorney or proxy that should be left with the person taking attendance.

 

The person who has called the meeting, or whomever he designates to do so, then opens the meeting and asks the person who has taken attendance to report his findings to determine if there is sufficient participation (quorum) to take decisions. If there are disagreements about the participants, the meeting can name two to three persons to check the participants list and the powers of attorney. Vital or disputed decisions cannot be taken before agreement on the participants has been established.

 

A quorum of the first convocation of a General Meeting is at least 50% of the owners and cuotas of the Community.

 

When the participation has been agreed upon, the agenda for the meeting should be referred to the meeting for acceptance. This is important: maybe the members want to elect a president from the start, so he can lead the meeting, or maybe they prefer to elect officers at the end of the meeting after hearing their points of view on other matters on the agenda. In the latter case, the meeting may ask the person who called the meeting to act as chairman for the meeting.

 

The chairman must then propose, or ask for a proposal for, someone who can take the minutes of the meeting. Usually at this point comes the question of language. In which language must a meeting be conducted in a multi‑national Community of Owners in Spain?

 

If the person calling the meeting knows that not all owners have a common language, he should arrange for an interpreter to be present.

 

 

A promoter must take part in the Community on behalf of all unsold properties included in the constitutional title of the Community. He not only has the right to the votes for those properties, but also the obligation to pay the corresponding part of the Community fees!

 

First of all, the decision must be taken at a legally called meeting, meaning a meeting where all owners have been invited with due notice and where the agenda was given beforehand. Secondly, as many of the Community members must be present at the meeting, in person or by proxy, so that decisions can be taken with a majority of the total number of Community owners voting i.e. a "quorum"! Unless a proposal manages to rally behind it a majority of all owners, present or represented or absent, the proposal cannot be accepted.

 

The president is elected at a General Meeting. A simple majority is needed for his election. One has to be a member of the Community to be elected president, as well as being of age and with full legal competence. However, it is not conditional that the president should have any special education, profession, nationality, sex or that he speak any certain language(s).

 

There is no legal requirement to the effect that the president and the administrator of a Community of Owners be able to speak or write Spanish. The only requirement for the election of a president is established in article 13 of the Law on Horizontal Property, that he must be one of the co‑owners.

This requirement does not exist for the administrator.

 

The administrator is elected by a majority at a General Meeting. The duration of his term is the same as for the president. He can also resign, and he can be proposed to be replaced by any member. However, the question of his replacement must appear on the agenda for the meeting.

 


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12 Dec 2006 11:04 AM by manilvajl Star rating in Manilva as much as p.... 426 forum posts Send private message

If you look at the other replies I have made to some posts you will see I have stated the developer must pay for all unsold properties etc. and he has quota votes accordingly. I am president of a nearby community and know quite a bit about Horizontal law and changing administrators. I am in Spain from Dec 20 for 3 weeks. Are you in Spain or UK and do you know who the president is?

Also, I believe that if the first meeting was called by the developers before anybody actually completed then the developer would hold all the votes at that time and could vote in AEA at the first meeting. I don't think they would have to inform the people that had paid their deposits because until completion you are not an owner.

Also any owner can ask to see the minutes and accounts at any time. You can therefore check the timings of the events and see if the developer has paid their share.

It may be better to encourage AEA to perform as required by the owners, because finding a good replacement willing to take on a large community may be difficult. Small community administrators are easier to find. AEA will have a lot to lose if they are swapped out - perhaps they need to understand that. Does anybody have a relationship with them?


_______________________

 Jeff



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12 Dec 2006 10:42 PM by JC1 Star rating in Manchester and La Du.... 963 forum posts Send private message

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I have just received this reply to my enquiry regarding the budget and spend by the administrators. I will gladly advise when i get the details of what has been spent todate.

Dear Mr. Cox,
 
In the attached file please find a copy the budget set for 2006, totaling 351.455,00€.
The community started to function in June of  this year, bearing in mind that the budget is set for a 12 months period you can expect to have spent approx. 50% however this percentage varies depending on when the various service company were engaged and actually started to function.  I have requested our accounts department to furnish me with the actual expenses which I will forward on to you when available.
 
We have invoices and bills for all payments made to our service suppliers. 
The developer pays community fees on all the apartments that are still in their company name in the same proportion and manner as any of the other owners of the community.
 
Please do not hesitate to contact me should your require further clarification concerning the accounts and/or any other community related matter.
 
Kind Regards,
 
Rosa Escuadra
Grupo AEA Administration.
Rosa Escuadra [rosaescuadra@aea-administracion.com]

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Regards

 John

 


 

 



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