Request for extraordinary meeting

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01 Apr 2009 12:06 AM by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

 On 25 of march I wrote in this topic:

"Besides after the meeting with a few committee members it was promised that the ending of the contract with the cleaner would be reconsidered. Over the weeks I have spoken and mailed with David and Rene and I don't want to disrupt that process until the situation is finalized 

Max"
 
 
Meanwhile there have been serious negotiations and attempts to reconcile initiatied by two members of the committee (David and Rene) and I have helped them in everyway I could to achieve this. I know all parties well, am on speaking terms with them and tried to reassure both parties of the good intentions..
David has talked with Tonia which the rest of the committee refused, Rene even offered to fly over to make a proper deal where both parties could save face and avoid a courtcase. She appreciated it and was willing to seek a way out.Both committee members went beyond their call of duty. 
 
Unfortunately the committee at the last minute disrupted these negotiations by hiring a new company starting on Monday while the negotiators were assured that they had a few days (agreed to end this Tuesday) to secure a proper -out of court- deal. 
 
The whole communíty has been waiting for the outcome of these informal attempts to solve the problems. We held high hopes that a reasonable solution was reachable but we were all shocked by the decision of the Spanish part of the committee to just go ahead whatever was at stake. 
 
I'm utterly disappointed and I see that I just wasted my time trying to reach a compromise. This will now end up in court at the expense of the community. I can't and won't blaim David and Rene, but the committee as a whole failed in solving this. I am now utterly convinced of the need for an EGM  so that all owners can decide on a future course. I used to hold back waiting for the committee to fullfill their earlier promises as quoted, but now it's certain that we will be involved in yet another court case which makes no sense at all.
 
Max

 



This message was last edited by max! on 4/1/2009.


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02 Apr 2009 12:18 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Dear All,

Indeed its hard to make desisions and emotions are involved in this one.

Two things to make clear.

Yes we have negociated with hervas as described below to solve the sitution in a friendly manner.

On the other hand there was no cleaning at all since more than 2 weeks so people start complaining that DJ is dirty.

Especially with upcoming Easter Holidays when lots of people will be at DJ,  the board has decided to hire the new cleaning company before this date.

If Hervas will go to court is not sure yet and I still hope we can solve this in a friendly manner because that will be the best for both parties.

Nevertheless if it comes to a court case so be it. But I am confident that we have legal reasons to understate our decision to end the contract.

Best regards,

René

 



_______________________
Best Regards, René


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02 Apr 2009 5:05 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

 Hi all,

 
Today the letter to the president asking for an extraordinary meeting is handed to the administrator. The president has now five days to set a date, but has to do so on short notice.
 
Collecting the necessary signatures was done within a month which shows how many people care about the welfare of the community. This is in way not intended to dismiss the people who didn't think it was necessary, but it's always a sign of a well functioning democracy if people take the trouble to act. 
 
It could have been achieved even faster but:
a) we were willing to give the committee the chance to realize their promises that they would search for a solution regarding the cleaning
b) we wanted to make sure that people really understood what they were signing for
c) we didn't want to ask Arrohabitatge and their employees for their votes as we don't consider them a real part of this community.
 
Considering that on the last AGM there were just 77 votes if we don't count the Arrohabitge and committee votes it's an amazing feat that we got the necessary 52 votes. It shows that people really feel the need to discuss and influence the community affairs.
 
I'm sure that this is no wild action but a well thought through call for a meeting where realistic proposals will be presented. We are all aware that you can only spend money once so there won't be calls for unrealistic spendings. We also hope that this meeting can be used as a last resort to avoid a costly lawsuit against the cleaning company. I am confident that the committee will respond in a positive way and listen to the people who they represent.
 
Max



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02 Apr 2009 5:59 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Dear All,

As you can see there was a call for an EGM from 25% of the neighbours.

The board will ofcourse  handle this request carefully and will come up with a suitable date for the meeting.

The call for an EGM started when we have ended the contract with Hervas ( cleaning company) and the  collection of 25% is going on since half of February. In my opinion a lot of emotion is still going on over a business decision.

Last month you were all informed about the status of our community and about the actions taken by the community. We solely got input from a few neighbours with comments or ideas. Therefore its strange and also sad to see that 25% of the people don't come to us directly with ideas and comments. We hired GIGS (Irma) especially to be on site several times a week at Don juan to listen to your ideas.

Reading the proposed agenda I see that most of the topics are already explained by our communication to you.

Nevertheless we are glad to explain it to you again what has been achieved and what the strategy is at the moment but we want to give all neighbours of Don juan a chance to be there or give proxy votes. To make sure we have the whole community to involved and not only the 25% who called the EGM we need time to setup the meeting. We will keep it as honest and democratic as possible!

For now we will study the agenda and we will decide for a suitable date.

Within 5 days we will come up with a statement.

Best regards,

René van Venrooij

Member of the Community Board.

 

 



_______________________
Best Regards, René


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02 Apr 2009 11:18 PM by carol12 Star rating in fuengirola flat. 55 forum posts Send private message

My congratulations.


It's time to make things clear.
Until now the board has turned a deaf ear to the residents, indicating that we were only a few, as you can see we are many neighbors who are unhappy.
Now, the board also said that only 25%, but indicated several things:
1. the current board was approved with 77 votes and the request for EGM is 52 votes
2.People generally do not protest, but when they do it is because we are upset with the board
3. I suppose that getting these votes has been complicated because most residents do not live here.

I have personally written to the Administrator, and other neighbors also complained about the current situation of the community. But either the administrator has not informed either the Spanish members of the board have not given importance.


I mean one thing, the Board consists of 5 members, and I have to say that  René and  David has shown an interest in listening to the neighbors, but they do not live here, so really the decision makers are sapnish members of the  board. They have not shown any interest in solving anything, it is impossible to speak with the president, make their decisions without listening to the neighbors.
This application demonstrates that the board is not doing well, who have made decisions that have not done for the good of the community (since it is clear that residents do not approve). I ask Who took the original decision? What someone has personal reasons for dismissing the cleaning company? It is clear and has been shown that the neighbors do not agree.

I hope that for the good of the community would have to be present most of the neighbors, so I hope that the Board was held at Easter, are long enough, and would be more correct, please ask the board not attempt to manipulate convene the meeting and it´s important that the neighbors can go , and in this holidays is the most correct date.

 

Again, my congratulations to all the neighbors, so we will be in a democracy, until now it was a total dictatorship, and neighbors must be heard and the board can not mix personal situations with their office




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03 Apr 2009 10:17 AM by westport Star rating in London & Co.Mayo Ire.... 509 forum posts Send private message

I think this is a complete waste of time and community owners money. Instead of the committee getting on with sorting out the problems of Don Juan, they now have to spend time on this. David has sent out progress reports to keep us updated, and there is a box that people can put there issues or ideas on site. I don't see why the large majority of us should have to pay for something that we don't want. I think those that voted for this EGM, should cover the full cost of it. Max estimated the cost of postage to be € 220, and to include a hotel room the total would be € 380. Divide this by 52 voters = € 7.30 each. If that was still too much for them, scrap the hotel room and have the meeting around one of the pools. This would bring the cost down to € 4.23. Maybe round it up to € 5.00 and get a few bottles of champayne as well.

In future, can it be written into the community rules that these EGM's be paid for by those that vote for them. I don't mind paying my share if I voted for it. I as well as others that are up to date with our community fees pay for services that we don't use 90% of the year, I have no problem with that. Just out of interest, are all those that voted in favour of this EGM fully up to date with their community fees.

Westport




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03 Apr 2009 10:30 AM by RG Star rating. 299 forum posts Send private message

 Hi Westport,

I agree with you 100%. I hope the administrators check the votes 100% for authenticity and if even if only one is out deny the request for this pointless EGM.

 




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03 Apr 2009 10:49 AM by srs Star rating. 136 forum posts Send private message

Genuine congratulations to Carol12

Maybe now that she / he has got her / his way we can see an end to this whole tedious saga (even though I feel it to be a complete waste of time and money).

Also congratulations on the sudden transition to near perfect English in only a week (however it does revert to similar to previous  posts later in the piece)  

As I speak only English you have put me to shame, I should polish up my Spanish for the meeting.  Also I, like a lot of people, am over from the 8th to the 15th.

Is it possible to arrange it so soon as the neighbours who are permanent residents may be the only ones there if not.

srs


 



This message was last edited by srs on 4/3/2009.



This message was last edited by srs on 4/3/2009.


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03 Apr 2009 1:36 PM by davmunster Star rating in Carvajal\Belfast. 843 forum posts Send private message

davmunster´s avatar

Congratulations indeed to Max and Saskia. I admire their unrelenting commitment to collecting the required level of support for an EGM.

The process that has to be followed is:

1) Verify that the call is valid. No supporting documentation was sent with the call and I understand this will be checked by Irma tomorrow. Assuming the call is valid the following will occur

2) The committee has to consider the agenda points requested and may add additional items if appropriate

3) The President (no one else!) will decide the date of the meeting. This has to be as soon as practical. However papers have to be prepared and sent out and people have to be given time to appoint proxies etc.

Finally, on the question of debtors, many of those who are behind in their payments and indeed some who we are currently taking to court have signed the call. This is valid but if they are to vote they will have to bring their payments up to date. So if nothing else we may collect some much needed money as a result of this EGM.



_______________________

David




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03 Apr 2009 3:24 PM by Janmet Star rating in UK. 185 forum posts Send private message

I do not feel it is necessary to have an EGM.

This does not mean I am not interested. I just feel that the committee has to be given a chance to get on with the job we voted them in for. We also do not need the extra expense just now. It could be a good idea in the future to charge the costs to the people wanting this meeting otherwise a meeting could be called every month. I really hope this meeting doe not turn into a slanging match for personal issues.

Maybe all the people who are wanting this meeting will at least show up (maybe not).  I am sure a date will be found to ensure as many people as possible can attend, this will probably be during the Easter period. I sadly will not be able to attend.

At the last meeting I did not see anyone else (exculding Perla) who showed any interest in putting their names forward to join the committee.

Want I do hope is that after this meeting we can all try to work together as a united community.



_______________________
Janmet


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03 Apr 2009 4:17 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

 A few comments:

 
@ westport: I'm willing to pay the 5 Euros each if you accept that the opponents of this meeting (10 + 5 committee members?) will cough up the legal costs estimated at 8000Euros. Let's say 500 per person. Deal :)
I don't think communities work that way and like I stated before the EGM will costs about the amount of money the committee spend on the Christmas decorations.
 
@ srs: If you still doubt Carol is a genuine owner you make a mistake. She is not English nor does she post under another nickname on this forum.
 
@ David: you're right about the procedure but the president is bound to a reasonable time limit considered by the courts to be a maximum of two weeks after his call for the meeting (which he has to do in five days).
Regarding the debtors there are two people on the list who are indeed notorious debtors and a few who are a bit behind, but the rest is up to date as far as I know. Looks likes a normal sample from the community to me.
The evidence supporting the list has been offered to Irma for proper review on Thursday, but she choose to do so on Saturday as she first had to check her own administration.
 
Max

 



This message was last edited by max! on 4/3/2009.


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03 Apr 2009 4:26 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

 Janmet and Rene both mention the emotional side of this meeting. Janmet is even afraid of a slanging match. I can't imagine this happening. I would say Tonia is emotional, the board member who wants her so badly removed will probably be emotional but for the rest of us this a very rational move.

We want the best for Don Juan, we want to avoid a courtcase, we want improvements on a few important subjects and we are all willing to support the committee in reaching these goals.

 
There are people who don't care about the EGM as they don't know enough about the current situation or they are not interested at all. There are a few people vehemently opposing the EGM for reasons unknown to me as it would just take five seconds to sign a proxy supporting the committee and last but not least there are a lot of people who take an active interest in Don Juan and support the call for this EGM.
 
There is no need at all for conflict and certainly not for slanging matches! The community will decide at the EGM what the priorities are and whatever is the outcome will be respected by 99% of the people.
 
Max



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03 Apr 2009 5:31 PM by srs Star rating. 136 forum posts Send private message

Max, I have never expressed any doubts or opinions as to Carol12's residency or nationality nor do I care.

Hook, line, sinker.

srs




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03 Apr 2009 5:41 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

 But others did repeatedly and references to her English has been used as an argument before so I didn't take your bait :)




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03 Apr 2009 6:01 PM by Jenx Star rating. 121 forum posts Send private message

Max, aren't you counting your chickens before they are hatched! You should  have let the matter take it's natural course but no,  you merely assume that Hervas will go to court and that Hervas WILL win - hence the costs of 8000 euros being bandied about. What exactly is your hidden agenda?

On a general note. Yes 25% of you (assuming no false identities having been included) have asked for an EGM , so now time and money will be wasted on this meaningless exercise. Just remember that 75% of us did  not want this EGM  and  I wonder if the 25% can live with this majority of us and look us in the face in the future for being so foolhardy. 

We are all interested in our community except that we go about it the proper way - give the committee the time and space to deal with issues as they consider necessary. They are our democratically elected representatives.  After all they have been in position for only 5 months - not a long time by any measure - and already their efforts are being undermined by a few selfish individuals with an axe to grind.

 




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03 Apr 2009 6:28 PM by Saskia Star rating. 43 forum posts Send private message

Jenx, me and one other neighbour have personally checked all the signatures and e-mails. I find your suggestion of false identities, hidden agenda's and being selfish very insulting to all the people who have put effort in getting this meeting together. Signatures have in NO way been forged or frauded. Is it so hard to believe that 52 people (more by now) see the need for this meeting?

You and others have repeatedly stated that the law had ways to force an EGM and that we should follow that way. Now that we have done so, don't start complaining. This IS the proper way to do it, this is how democracy works. If the community at the meeting decides that security is not wanted, then I (and most of the others) will accept. The same goes for Hervas and the other points on the agenda. That's the law, that's democracy.




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03 Apr 2009 10:16 PM by carol12 Star rating in fuengirola flat. 55 forum posts Send private message

Hello everyone:

First of all I want to thank the person who said that I speak better English, I will tell you a secret shsssssssss I found a better translator internet oh! I 'm dismantle your conspiracy theories.


Someone has commented that the EGM cost around 200 €, but I tell you another secret shssss how much money has been spent on the decoration of Christmas, I was not there, then I can not afford it? How much money has been spent on foolishness?

If someone thinks that there is no need for a meeting that does not come.
But at least 60 neighbors do want it, the neighbors want to talk with the board, they want to be heard. They are many neighbors, considering that most do not live here and nobody (except the board) know their phones or emails to contact him, so it was very difficult to have their signatures.
Why the Board does not want this meeting?
  The neighbors have been asked on several occasions, and the board  answer  NO
Now we are required legally, and they are handling all the neighbors are insulting to say that this meeting is stupid, insulting to the legality of the signature to be trying to delay everything, if they have the complaint on thursday why they don´t study it until the saturday?




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03 Apr 2009 10:17 PM by carol12 Star rating in fuengirola flat. 55 forum posts Send private message

APPLYING ONLY TO LISTEN TO THE NEIGHBORS, I have to remind the Board that they are not the owners, and representatives who are legally obliged to abide by the decisions of neighbors.

I urge all neighbors to attend, especially those who do not live here, so they know what is happening in the community, which invests all the money we pay. and respond to questions such as why the community is dirty? Why we have problems with water? Why there are problems with the light? Why access is so bad, my car has changed twice per wheel puncture? Why not have security?

 

The neighbors want to talk and listen to them, you do not say stupid, because we are not




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03 Apr 2009 10:19 PM by westport Star rating in London & Co.Mayo Ire.... 509 forum posts Send private message

Hi Max

How did you work out there are only 10 opponents to this meeting. If there are I believe 188 apartments in Phase 1, then take the 52 votes away and you are left with 136 opponents.

I am glad to see you are willing to pay the € 5 cost towards an EGM. I did not think we had lost any court case yet. Even so, based on your 10 opponents and not the 136, I would consider your payment option as long as the cost was divided equally among the 136 on one condition. That condition is that the community fees are adjusted, so its calculated on the number of days that you stay at Don Juan, seeing as those that are there longer get more benefit of the facilities :-)

Westport




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03 Apr 2009 10:36 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

 Hi Westport,

The ten supporters and five committee members was based on the topics so far. I opened a special topic for you and others to collect the signatures. Out of 208 apartments you need 156 confirmations there. To be fair 50% of the supporters of the EGM is Spanish so produce 78 votes in that topic and I will pay my 5 Euro :)

P.S. I pay twice your fee every month and my communal garden looks worse than yours so maybe you have to reconsider your fee adjusment proposal.  At least I would have my hallway cleaned twice before I agree to it. :)

Max




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