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Don Juan forum threads
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27 Mar 2009 12:27 AM by RG Star rating. 299 forum posts Send private message

Rene, I agree with you 100% if Hervas were an outside company nobody would say anything and it really doesn't make good business sense to give community business to neighbours. The fact that the first committee allowed this to happen in the first place thus placing the current committee in this difficult situation raises a lot of questions.

Just what does this select minority have to gain by insisting on taking this matter to court? weather they win or not they will be costing the community money and will only bring on animosity to themselves.  

As for Max's comments that a lot of people are happy with Hervas etc the fact is that they have failed to get the required 25% of votes which can only mean they are in the minority and the majority are perfectly happy with the committee's decision.




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27 Mar 2009 7:11 AM by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

 I would say we have seen all the arguments, but I would like to get some facts straight after seeing the last posts:

Rene says: 'will never ever hire a company again where neigbours are involved.'

- We still have insurance through a neighbour who fought to be on the committee last year. He never showed up, but managed to sell us an expensive insurance package in the first month. The current committee has recently reconfirmed this deal with Zurich although at a lower price.

RG says: 'The fact that the first committee allowed this to happen in the first place [hiring a neighbour] thus placing the current committee in this difficult situation raises a lot of questions.'

-That decision was taken on a General meeting before we even had a committee. Hervas offered the lowest bid and was unanimously chosen by all attending. Ana and Javier, both current committee members were part of that first general meeting.

Rene and RG suggest that there are people supporting Hervas to go to court and sue the community

- The cleaning company obivously makes his own decisions, but it's the current committee which decided to end the contract on dubious accusations and did so mid term creating all the possible legal consequences. There are a lot of concerned neighbours who want to avoid this costly route. I'm myself involved in mediating and trying to solve this out of court. I do so in close contact with David and Rene.

Rene proposes that at least two member of the committee agree on future contracts to avoid personal interests.

-I find this meagre. We have so far always used the rule that the whole committee should agree on contracts and when in doubt should consult the community at large. This would be much safer. Likewise the ending of contracts has to be 'in accordance with neighbours views' as decided on the last AGM which seems wise to me. It would avoid situations like we now encounter. Personal conflicts should never be allowed to influence the contracts we have or end with our service providers.

Hopes this clarifies things.

Max




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27 Mar 2009 9:35 AM by Jenx Star rating. 121 forum posts Send private message

Max. you left the committee by your own decision - perhaps due to potential conflicts of interests with your wife's business - so why are you now behaving like you are on the committee? You did what you considered was right at the time and the current committee should be afforded the same courtesy and latitude to deal matters arising during their tenure.

It is very unpleasant to know that there is a lot of 'stirring it up' in the background by a handful of people who are happy to manipulate to meet their own ends and this is plain selfishness. All this while protesting that 'the interests of the community are at the forefront' - give me a break!

As I have said before, you had your days on the committee - they were perhaps not glory days but we all live and learn. So for the last time, leave the committee to do what they have been elected to do. Your constant interferriing and undermining their efforts are unhelpful, particualrly when they are making the time to communicate with you in private as well.




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27 Mar 2009 9:46 AM by Rene35 Star rating in Holland. 87 forum posts Send private message

I agree with max on his comments except the last fact is not completely the case:

Rene proposes that at least two member of the committee agree on future contracts to avoid personal interests.

-I find this meagre. We have so far always used the rule that the whole committee should agree on contracts and when in doubt should consult the community at large. This would be much safer. Likewise the ending of contracts has to be 'in accordance with neighbours views' as decided on the last AGM which seems wise to me. It would avoid situations like we now encounter. Personal conflicts should never be allowed to influence the contracts we have or end with our service providers.

This is only for setting up a new contract /negociations and to make it workable, but agree that apporval of it in the end by the full board is preferable. 

In the sensitive case of Hervas The full board agreed up front that the contract should be terminated. If there was any personal conflict as was stated above this was eliminated out of the decision. Speaking for myself I have nothing personal to Tonia, in fact I always had a good bond with her. But in business perspective its sad to have to conclude the ending of the contract which was a difficult decision for me also.

The letter sent to hervas left room for discussion and could be interpretated as emotional and I really regret it and also we as commmunity board learned from it. But there were at least 3 major points in the same letter on which the decison was made. And in a business point of view these are legal reasons.

Another point is that we are dealing here with a contractor and not a direct employee of the comminity. In my opinion that is very different. If you are not satisfied about a contractor and the contract leaves room for termination then you must be able to stop it. For a direct employee its more difficult in a legal point of view. 

The community board to me is the "neighbours view". The board is elected by you on the trust you have in us to make the right decisions. How can we work if we need to ask permission by voting on every decision to be made?

It is the same like in politics, you vote on a party because you trust them. After election the party has to make decisions and sometimes they are not in line with everybodies perspective. That should be the ultimate dream.

Since there is still not 25% of the neighbours to call an EGM I still feel that the board is reflecting the majority of the community.

One comment on the reasons to ask for an EGM:

There were about 5 reasons, and only one of them is reflecting the Hervas case

Since the board has given the latest update on the current topics, in my opinion all were clarified.

Leaves us only the Hervas case.

The sad part is that this minority is still trying to convince new people for an EGM that are not aware of all facts with the same five reasons.

In my opinion is not an honest way to communicate but to setup people against our own community.

In the end it is bad for everyone, we should unite instead of fight.

Leaves me to say that we are trying our utmost best to steer the community to a bright future

Best regards,

René

 

 

 

 

 



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Best Regards, René


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27 Mar 2009 10:37 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

 Jenx, you asked me a question and I answered it as best and polite as possible. You replied with insults about selfishness and 'stirring up trouble' by a small group etc. The facts are that I can't imagine anyone pleading before or against an EGM out of selfishness. There are people who don't see the benefits, there are even people opposed to it but there is no reason for hatred or malicious remarks.

I know most of the people who don't to support the call for an EGM and I'm still on very friendly terms with them. Even some of my good friends in Don Juan don't agree, but we are still befriended. And why not?

You make this into a battle and accuse people. That attitude divides the community; not the call for an EGM. Most of us appreciate each others efforts to make the most of Don Juan and sometimes we differ about the means to get there. We still have pleasant conversations and treat each other like we did before this call for action. Let us leave it at that. If you have real questions I will be happy to anwer them, but I will ignore further negative or personal remarks from you.
 
You mentioned that it will cost 500 Euros to have an EGM (to answer a factual statement). If we don't rent a hotel room (which we didn't for the other EGM's) it will be something like 220 Euros for postal costs. With hotel room it will be a total of 380 Euros. The committee approved the spending of 315 Euros on last years Christmas decorations. In view of that the costs for an EGM, which will probably save us a court case estimated at 8000 Euros, seems a very good investment.
 
Max



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28 Mar 2009 12:56 PM by carol12 Star rating in fuengirola flat. 55 forum posts Send private message

Hello everybody,

Let me clarify some things:

1. When a enterpise denounce to the community and win, it's because the community has done something illegal.


2. I do not want that Hervas  denounce to the community , but it´s have the right of do it. The board has been able to avoid complying with the law, but has not done so and this will bring consequences.


3. The board is the one that has breached the contract, you can not sign a contract in the morning and bid farewell to the company in the afternoon, I do not understand Do you?. If the reasons for the Board were true, why renew the contract and dismissed it the same day? What is the real reason?


4. The neighbors have asked for an EGM to clarify these and other issues, but the Board makes deaf ears.


5. Board members have a responsibility, they are  representatives no  the owners of the community, I think they want to do what is best for the community but they have to listen to neighbors. They have to listen to the neighbors when they terminate a contract (the statute that says so), and in this respect the neighbors have said they do not agree that the grounds for the board are not true.





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28 Mar 2009 12:56 PM by carol12 Star rating in fuengirola flat. 55 forum posts Send private message


6. Many people have sent emails and faxes to the administrator to indicate that they disagree with that decision, I have done myself. Why no one said this?


7. In my opinion and that of many neighbors, we prefer a company that is nearby, as is best for the community concerned. Foreign companies bring foreign personnel, which does not show the same interest.

8. Finally, all this as I have told the administration and do not listen to anyone, and I must say one thing, board members are accountable for their decisions, and make decisions without the backing of  residents will have to assume the consequences. If as a result of the complaint communitie have to pay a high price, do not ask the neighbors an extra fee, because I'm going to deny , I have requested many times a meeting with neighbors to solve it and The board do not want, then take to pay The board or the administration




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28 Mar 2009 2:26 PM by RG Star rating. 299 forum posts Send private message

 Carol ...... Yet Again? What is the matter? What part of democracy do you not understand? Yes there are a small number of neighbours not happy and wish for an EGM but you are in the minority otherwise you would have had your EGM by now! 




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28 Mar 2009 2:31 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Dear Carol,

Again!!!!!!

I gave you all the oportunities to listen to you.

I am not going to take you serious anymore and untill you change your mind to contact me, identify yourself and work on the problems.

And I will call all others on Eye on Spain to do the same!

Who has "deaf ears" here?

 

 



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28 Mar 2009 3:57 PM by carol12 Star rating in fuengirola flat. 55 forum posts Send private message

Dear René,

I have the right to speak, and you can not suppress people to talk.
You talk and insult me, I would not do.
I have the right to express myself, and I'm working on community problems, all my messages as you see it is to solve community problems.
You have the opportunity to hear the community if you come here and talk with neighbors, from a distance things are different.
We urge you and the other board member who writes here with several nicks, not insult and really work to solve community problems.
The only thing I want is to talk with neighbors.



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28 Mar 2009 4:35 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Dear Carol

Its not my intention to offend you.

But I am really offering you to talk with me about the problems so that I can take it to the board.

Writing every time the same issues doesn't help very much

Talking with someone from the board will help and I am willing to do that.

So it is hard for me to understand that you don't want that.

Can you imagine that?

Best regards,

René

 



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28 Mar 2009 6:04 PM by Mozza Star rating. 54 forum posts Send private message

carol 12 - come on now enough is enough - everyone on this forum recently has tried to accomodate your concerns real or not. You seem hell bent on being as difficult as you can and not accepting either the hand of friendship or the plain simple facts that have been explained over and over again. It is now becoming very tiresome and I am sure along with others questions are being raised about your real intentions.

Committee members have requested that you deal with them direct, 'neighbours' have requested you reveal yourself - ie where do you live, what is your nationality, what is your family situation etc etc to no avail.These are  the normal things we have all disclosed to each other both face to face when we have had the pleasure of meeting  and also on the forum over the years- ( if you care to read back on previous threads). David in fact resurrected that thread not so long ago with no reponse from you. Perhaps you would like to introduce yourself to Max and Irene who have said they would love to arrange a garden party for all during the easter break. I understand these have been very successful in cementing the community and as yet there does not appear to be enough for an EGM so perhaps we can all chat over a sangria or two. It may be the only opportunity you have to discuss your worries with us all.There appears to be only one person who knows of you -( i think it was Max)- and I am sure you do not wish this lonely existence to continue.

It is a real pity as you have single handedly managed to ruin what was a very useful source of information. Along with many others that read and often contribute to this forum we are now retreating from any further input. We gladly accept that our committee will keep us informed by whatever other means available to them - ( we will accept all information by e.mail) -and no matter how much you try to discredit them they have our full support ! They must be allowed to continue their work and this constant sniping over the same old issues is not condusive to creating a harmonious existence. All this timewasting could be better spent don't you think ?




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28 Mar 2009 7:37 PM by Saskia Star rating. 43 forum posts Send private message

I am sorry Mozza, but this is getting really a bit ridiculous. It is clear that you -and others- seem to think that Carol12 is just an alias from somebody else (Tonia, Max or me have been suggested), but just assume for a minute that she IS a real person and realize how incredibly rude you are. If you really have doubts about her identity and think she is not who she says she is, contact the administrator of the forum (Justin I think) because like all bigger forums he will have fool proof tools to determine someones identity.

What in the hell has somebodies nationality or family situation to do with the dicussion here? Would you take her more seriously if she tells you she has a husband and 1,6 kids? Would it make any difference if she happened to live together with three heavily build afro americans?

There are lots of people writing here who never disclosed their real names, address, nationality or family situation. I have never met Carol myself but I do know her real name and where she lives and I also know other Spanish neighbours who know her and are acually quite happy with all the energy she puts into the community, trying to get the townhall to help us out with different issues etc. She says she has written to the administration and never received an answer, why did the board never react to her when she requested information in that formal way?

This is a public forum and everybody has the right to air their views. Carols views are not always mine, but I admire the fact that she takes time and effort to write here, especially in a language that is not her own. If you don't like what she is saying just ignore her, if you don't like the discussion about the EGM then ignore this thread. If you think she is breaking the forum rules, report her to Justin and get her banned. It's as simple as that and that's how internet communities work.


 



This message was last edited by Saskia on 3/28/2009.


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28 Mar 2009 8:05 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

The last thing we want is that neighbours visit the townhall about Don Juan without informing the community board!!

If she does that she is in conflict with the strategy of the board.

I told her to cooperate with us but still no answer.

We must not allow neighbours working on their own for communial problems!

I will ask carol again to contact me and stop working on her own

We must unite!!

Best regards,

René



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29 Mar 2009 12:29 PM by Jenx Star rating. 121 forum posts Send private message

Bravo, Mozza.

It is peculiar that Carol12's refusal to reveal herself is  supported by Saskia - I think most of us can work out which party is being rude in this respect.  The persistent refusal of Carol12 to show her hand has expectedly led to claims of a 'phantom' owner and there should not be any surprise here. Interestingly, her posts in English are improving each and every time - could the mask be slipping?

And Max,  I was not being personal. The posts on this forum bear out I have written - I would  have prefer to say the same to you in person. As it was, it fell on me to write what a majoirty was probably thinking /feeling. Now put an end to all this nonsense over a cleaning contract and we will see harmony return in the community. Incidentally, the reference to you by name in my last post was confined to the first paragraph - but if you saw merit in my other comments, well there's no more to be said.

I have no intention of ever being unfriendly towards you or anyone when I am in DJ1 - this will show nothing written on this form is of a personal nature.

 




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29 Mar 2009 6:33 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

 Jenx, your English seems to detoriate; you're not playing a double role here I hope 




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30 Mar 2009 5:45 PM by Jenx Star rating. 121 forum posts Send private message

Most of us are brain-dead by now due to the incessant nonsense being posted here.  Language DETERIORATION is  the first sign????  As for a double role, you tell me as you appear to be 'Mr Know all' at DJ1.

I have had enough of this waffle.




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30 Mar 2009 6:03 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Gentlemen,

Please keep the board a little respectfull

What is written can be taken for everybody in a different perspective

Please be carefull what to write without insulting eachother

Keep smiling we have enough toubles to solve!!



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30 Mar 2009 6:07 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

 

 You mentioned the improvements in Carol's English, I pointed out that your last post showed language deterioration and the pun was born. Sorry if we don't share the same sense of humour.

 

Again if you don't like the topic, just don't click on it. 

Max

 



This message was last edited by max! on 3/30/2009.


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31 Mar 2009 1:48 PM by carol12 Star rating in fuengirola flat. 55 forum posts Send private message

Hello everybody,

I've been traveling and have seen that here is  a new cleaning company, maybe to be cleaned before the next holiday (take a month without cleaning).
Make one question:
Are we going to pay twice for the same service?
If the previous cleaning company had the contract until 8/5/09, it has been terminated unilaterally and probably indicates that the court is illegal and the contract would remain in effect until that date. Then we would have to pay to the company this month and the new company as well.
It is absurd, would not have been more logical to have waited until 8/5/09 and have paid a single company. We will now have to pay twice.
The board indicated that the previous company was not cleaned, which is false, but tell me we've been together a month without cleaning.
Again it would make more sense to have waited until the end of the contract, but obviously the board (or the members who chose) do not want to assign. Then pay twice for the same, this community is aimed at a serious financial crisis.
I hope that the board has provided these extra costs of € 8,000, as someone said.
How will we pay?
René I sent you a mail, but I prefer to respond publicly because the matter concerns several neighbors.



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