Request for extraordinary meeting

Max stop playing the politician. Dema asked you 3 straight forward questions. can we have 3 straight forward answers now please.

Max stepped down from the last committee and withdrew himself and its not the case that he was 'not available' simple as.

In any case in his last response to my posting he states 'I thought there was a general consensus to let matters rest until the meeting.' yet here he is again can't let matters go and have to have the last say in everything on this forum, what's his problem?

The issue with the AGM in Jan 2008 and the matter of the court case against the developer highlights the importance of being 100% sure about who you give your proxies to and exactly how you expect this to be used. For anyone giving proxies you should be aware that you should make your thoughts known on any points in the agenda of any EGM or AGM and make sure you instruct the proxy holder to vote 'save' on any points which is not clear and needs further clarification.

The proxy holder has to then come back to you advise you of the situation you then decide how you wish to vote and then the proxy holder has to go back to the committee / administrator with your decision. Unfortunately most of us are not / were not fully aware of the rules and regulations of such things in Spain and this is a learning curve. Max states that I should take the matter up with David as he was my proxy holder (I have already spoken to him about this) but if I remember correctly I gave my proxy to Max at the time so what gives him the right to pass the proxy on to David?

With regards to the Jan 2008 AGM I think how the last committee, of which Max was the vice president, handle the matter of the court case against the developer was complete shambles. Although this matter is from a year or so ago it is important to understand what's happened and the implications thereof.

Firstly do you really need a lawyer to tell you that you need a technical architect's report for the matter to stand up in court? Personally I think it's not even a technical architect you need but a structural surveyor / engineer. Simple fact is any one with a bit of common sense can see that you need an official report in order to pursue the matter in court you don't need a lawyer to tell you that.

Secondly if that report is going to cost big bucks then this and only this should have been voted on at the AGM. Once the surveyor has compiled the report and all the owners had a chance to read through and understand the implication then another vote of owners should have taken place to agree if to take legal action and at what cost. If the report wasn't going to cost big bucks then the committee should have gone ahead and got the report done then given all the owners a chance to scrutinise it and then take the vote if to take the matter to court and at what cost.

The method used by the last committee makes absolutely no sense at all i.e. agree to instruct an architect obtain a report and if no response from the developer take legal action, without even allowing owners to see what exactly is in the report and give them a chance to decide weather it is appropriate to take action. Yet another cock up of the last committee. Incidentally where has that court case got us now?

As Dema stated what does Max really want from all this? He is spending way too much time and effort just simply to help a neighbour regain employment (at a cost to the community!) and don't forget a contract he wanted terminated himself only a few months ago when he was vice president.

The facts of the matter is when Toni's contract was terminated Max advised her to seek legal action against the community. He introduced her to His lawyer, He & Saskia advised her to take the matter further via an EGM, when the board refuse this, Max & Saskia went about accosting signatures to hold an EGM. Now that an EGM has been granted he is still causing trouble.

You have to ask yourself when someone spends more time on someone else affairs then their own business what do they possibly have to gain? Maybe in this case as Dema says to throw some members of the committee and appoint himself? and what would be the purpose of that? One has to question this!

 Hi RG,

I didn't step down from the last committee. I have prepared the nov. 2008 AGM and I actively supported the new committee members. We had some talks in advance of the AGM and I knew all these people well so I was convinced they would do a very good job. I was just not available for re-election.

Regarding your proxy vote you're right that you have to be careful with it. You didn't give it to me but to David. Not only my memory says so, but the minutes confirm it. If you had read the minutes you would have seen that he represented you. If you were opposed to a courtcase and the costs of it you shouldn't have paid for it. That was also decided.

Again, I like to stick to the facts and stop these silly discussions about things in the past which only disrupt the community. You were apparently against the courtcase. That's your good right, but again it's water under the bridge. Why didn't you protest against the minutes? It's clearly stated there that the court case is demanded by the general meeting and that the committee had to execute that.

Max

P.S the bins you so dislike were asked for at the first AGM in october. Just like ashtrays near the elevators and notice boards. They were considered common issues for a typical community like ours. The very fresh committee decided to fulfill the wish of the attendants to that meeting. 

Max,

 Actually as with the very first proxy for the Nov 2007 meeting I gave it to you. You told me to leave the proxy holders details blank and you then passed this on to David without my knowledge. So the minutes will of course show David to be the proxy holder. I have already long ago indicated to GICS my position about the court case.

You ask why didn't I protest against the minutes again as with what I have written below about proxies most of us (especially the non Spanish owners) do not know all the rules and regulation governing proxies minutes etc. so find this a learning curve for most of us.

Points raised are no more sillier then the silly points that you keep going on about. And as for your facts these are very questionable!

I never said I disliked the bins (although I think there are too many of them) the point I raised is the silly amount of money spent on Non Essentials by you and the last committee and yet you are now moaning about money spent on essential improvements to the community.

As you have stated previously ' I thought there was a general consensus to let matters rest until the meeting' can we please let the matter truly rest now until the meeting or do you have to have the last say yet again?

This message was last edited by irenemontague on 4/16/2009.

 Hi RG,

You are confused about who you gave your proxy to on several occasions. All the open proxies at the chaotoic nov. 8th meeting have been put on my name. Your's is registered as David Munster so you filed that yourself by e-mail or otherwise.

At the second meeting the process was more properly regulated. Again your name shows up with the proxy holder David Munster. I didn't transfer proxy votes to other people.  You have to address your questions to David and I would suggest that you use PM or e-mail instead of this forum to sort out this private conflict.

Max

 Max,

Maybe it's you who is confused as I thought you had agreed to give the matter a rest until the meeting yet here you are again.

Hello everybody,

I see the new strategy of the Board.

I read the messages and  always is the same, the board attacks with events that have passed, and as always tell lies, to try to confuse and discredit those who have requested a meeting. Then they start 3 or 4 nicks (some will not know who they are) acting as ferocious wolves hungry for flesh.

And I ask you why not focus on current problems? Why not actually admit that there are many neighbors who are upset with the current board? Why not try to do things right, and off the pedestal with all the pride they have?

Stop attacking, we are neighbors and we deserve respect. And all this slander to discredit the opinions of people, are illegal and are penalized.

Accept that the neigbors have been  forced  you to make a meeting, and work for the good of the community and to stop attacking to the neighbors.

 Carol12,

Give it a rest! Please! 

That is what we have all agreed to do until the meeting. 

This message was last edited by irenemontague on 4/16/2009.

The meeting will take because there are neighbors who need a clarification from the board decisions.

I also paid for the Christmas ornaments and I have not used.

Not us to question the amount of the meeting, which is absurd in comparison with other expenses that the board has done, the important thing is to talk to all the neighbors and does not insist that it is not important which is not, but many neighbors feel that it is important and as neighbors we are entitled to respect us our opinion.

We are neighbors insist that the board and do not forget we have rights but the board does not like

 Again??

What's the matter with people? can we please stop this repeated useless posting and wait till the meeting!!!!! It's not that far away now!

Pleeeeez?

Carol12

A  simple  reminder that Democracy should and does apply for everyone - your 'camp' exercised democracy to its fullness and you have your EGM.

What  do you now determine what the Committee can and cannot do - where is your much vaunted sense of democracy?

Do us all a favour and stop posting for the next two weeks - you may find the time useful to re-group and we get the peace we need.

I have been asked to copy a proxy form onto here for the convenience of anyone who wishes to copy and use it

AUTORIZACIÓN.D._____________________________________________________________________________________

como propietario del inmueble / Owner of the house ___________________ Sito en Residencial Don Juan Fase 1 /of

Residencial Don Juan. A través del presente escrito concede autorización a / I grant to authorization to

D.____________________________________________________________________ para la asistencia y votación en la

Junta de esta comunidad, a celebrar el día 2 mayo de 2009 / for the attendance and voting in the May 2nd. 2009, Meeting.