Request for extraordinary meeting

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03 Apr 2009 10:41 PM by carol12 Star rating in fuengirola flat. 55 forum posts Send private message

Why tamper with the information?
Do you suppose that the 136 are not in favor? They have not formally said they are against.


By the way How many votes got the current Board, I think it was 77 votes? equal 77 votes / 52 votes are not very different, no?
Stop manipulating the neighbors, make the meeting and the neighbors speak for themselves, you can not speak for anyone. Stop to think we are fools, and the neighbors want to talk  for the good of the community and to avoid greater evil




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03 Apr 2009 11:44 PM by westport Star rating in London & Co.Mayo Ire.... 509 forum posts Send private message

Hi Max

I can't see the point of a special topic for people to say who they are that are against the EGM. If they didn't vote for it, then to me that means they don't want it. It's a bit like asking the question, Is the Pope a catholic. It's either yes or no. I think we should open a Special Special topic for the one person making the most objections on this site, so that they can tell us all who they are and which apartment they are in. You know who all of us are, you have met us all. It's just the loudest objector that none of us have met.

I still think those that stay longest should pay the most :-)

Westport




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04 Apr 2009 12:03 AM by carol12 Star rating in fuengirola flat. 55 forum posts Send private message

hi,
According to your logic, then the Board has not received the most votes, then got 77 votes.


But there is a difference, neighbors knew of the meeting at which they were elected to the board and only got 77 votes.
However, many neighbors had no knowledge that an EGM is being asked because they do not live here, do not read the forum, we were unable to contact them. So getting 52 votes is a success.


But stop trying to neighbors, the important thing is that finally we will talk and try to solve community problems, and the meeting will decide most of the neighbors. This is a democracy




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04 Apr 2009 12:50 AM by dema Star rating. 11 forum posts Send private message

      Strange times at DJI  these days. This 8,0000 that's thrown around a little scaremongering,

      perhaps for some neighbours in these financial times. Are these the same

      few people who agitated for a much more serious court case which has

      already cost us 11000 and that's only a small deposit of what's to come, or worse wanted their

      next door neighbour brought to court for minor infringements of rules instead

      of going down the diplomatic route first . Hope the bord can see this for what

      it is, as they are giving up a lot of your free time for the common good of all neighbours

      in DJ I.  Their efforts are very much appeciated by the vast majority !    The alternative carol 12

      sssssscary thought before bedtime    should have known better    

       dictatorship no way   night ALL

  




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04 Apr 2009 1:29 PM by westport Star rating in London & Co.Mayo Ire.... 509 forum posts Send private message

Is it possible for us all to have a copy of the list of names that have voted for the EGM, if not on EOS, then a copy in our mail boxes. I think we all have the right to know, seeing as we are paying for it.

Westport




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04 Apr 2009 2:46 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Message from a board member

Reading the post below people are made scared for a virtual post of 8000 euro.

Let me tell you there is no court case with Hervas yet, and if there is a court case we first have to lose it.

And if we lose it then not to worrie about it because our new cleaning company cost less than 1800 euro per month for 2 people and one guy who cleans the garages..

Instead of the 2600 euro we paid for Hervas 2 people. And poor quality.

We save 800 euro per month !!!

Lets say if there will be a court case and if we lose it (which I doubt that because of our legal reasons) then there is a possibility that it will cost 8000 euro.

So after 10 months we a smiling again and the reduce of costs for all of us is a fact!!

Now I know many people will say yeah but Hervas wanted to do it also for the same money.

True but how would you do your work if your boss tells you as of next month I will give you 800 euro less salary?

In my opinion there is no return of ending the contract and I hope personally for Tonia that she will resign take the offer and skip the court case. Because she is still a neighbour that lives there and how would people react on this?

So don't be afraid of the virtual claim.

Now the 25% of the people who claim the EGM want that the board reverse this decision and hire Hervas again.

Not very wise in a business and quality perspective

But anyway are dealing with it and I am confident that we have the best option for DJ therefore we need your vote if there will be an EGM

If there comes an EGM you will be notified by gigs and from this point of time we are able to send and receive proxy vote forms.

But the best is ofcourse to be there yourself.

Best regards,

René

 

 

 


 



This message was last edited by Rene35 on 4/4/2009.



This message was last edited by Rene35 on 4/4/2009.

_______________________
Best Regards, René


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04 Apr 2009 5:58 PM by carol12 Star rating in fuengirola flat. 55 forum posts Send private message

Dear René,

With all due respect to you. As you know really wins each supplier?

I look properly informed, and I understand that Hervás amount was reduced in response to the financial crisis of the community, and currently stood at 2000 € (VAT included). I do not know if the current company is VAT included, then there is no difference.
On the other hand, is a suggestion that I have done on other occasions, perhaps for that reason would have to change the maintenance of gardens, the administrator, are too expensive and they have not reduced your bill.
I ask you, it seems to suspect that focus solely on the cleaning, did not seem suspicious that after having forced it to reduce his bill the board cancelled the contract, did not seem suspicious that the decision was taken without taking into account the views of neighbors,  you think that after this decision is a personal motivation.
There are major problems in the community, not only pays attention to them have been primed with this company for a personal matter of some board members.
The board has done something illegal, had breached a contract and dismissed in bad shape to the people, the cleaning has rights and you must respect and be respected unless it is normal to go to trial.

Dear sir, I will fight in his time against the dictatorship of Franco, so I do not like injustice, and authoritarian behavior of the board does not make sense. The neighbors do not agree, a meeting and want to make decisions
 
Tell me honestly what the board fear? Why are they trying to manipulate people? Let the neighbors think, listen, it's a democracy.
 
Let me give you a tip, I think you are a person who has concerns about the community, but I think it's wrong influenced, perhaps it should listen to other people and a meeting is a good time, listening to neighbors you may know the truth



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04 Apr 2009 11:30 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Dear Carol,

I truly want the best for  the community

But I am also a business man. If price/quality is not good enough I will change the contractor.

That is not only for the cleaning but also for the gardening and maintenance.

I will evaluate every time and make decisions together with the full board.

That is our work and that is what we were chosen for.

In this case it was very hard because we were dealing with a neighbour and this situation that the company was also a neighbour is not an ideal situation we discovered. Therefore I will never hire a neighbour as a contractor again to avoid problems like we have now. It distracts us from our normal work because we better work on the real problems.

I hope people will understand the decisions.

 

 

 


 



This message was last edited by Rene35 on 4/5/2009.

_______________________
Best Regards, René


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05 Apr 2009 4:00 PM by carol12 Star rating in fuengirola flat. 55 forum posts Send private message

Dear René,

It is a matter of opinion, I think it is better to perform services in a neighboring community because it cares about twice that for all is well. But this is something that the neighbors have decided not to board, you can not discriminate.


And let me tell you one thing, All of this isn´t  because a neighbor carry cleaning, is because the board has done something illegal, and if so unlawfully fired from another company it may report to the community.
The issue is to try to prevent illegal decisions.


And another issue, you said you are a businessman, I also, of course we must compare quality price. But why renew the contract for cleaning in the morning and fired in the evening? None of this is logical.


I insist that the board has taken an illegal decision, and for the good of the community hope to make the meeting as soon as possible.

Many neighbors agree to make it on this holidays, I hope that the Board listen to the neighbors and do not try to manipulate and delay the meeting.

If you really want the good of the community, listen to the neighbors at a meeting this week holy (there is enough time, because the letter was submitted on Thursday and only have to fix a day and time and inform the neighbors).




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05 Apr 2009 8:45 PM by Jenx Star rating. 121 forum posts Send private message

Whether the termination of the cleaning contract is illegal can only be decided in court.. Maybe Carol12 should stop writing up about the legality or otherwise of the action taken by the committee until such time the case comes before a court.

As is being proven, it is definitely a bad idea to do business with neighbours and friends - you feel that you cannot complain about poor service and the relationship can feel like walking on egg shells. The simple answer is NOT to deal with friends and neighbours.

Carol12 - strikes me that your posts here are as reckless as your driving - the latter you placed blame on the committee.




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05 Apr 2009 9:11 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Dear All

We as a board want the EGM to take place

Even if the there are not enough votes we want this meeting because we feel that it is important that you hear the real story of our decision. Because up till now te opinion of most of the people is based on rumours and half truth.

We are preparing to come out with a date and this date should be a suitable date.

Because we want to inform the whole community and give them a chance to join the meeting

I am not letting me push the meeting in one or 2 weeks for the benefit of  a minority of the community,  that would not be fair for the rest of the community.

Since we have an international community it takes time to inform everybody and to let them decide to purchase a ticket to spain.

On thuesday the president will inform you about the date and the agenda

 



_______________________
Best Regards, René


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05 Apr 2009 9:31 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

 Hi all,

 
The votes for the EGM have been scrutinized on instruction of the committee. They fought hard to get this call for a meeting dismissed, but even after striking some votes on legalities there is still more than 25% who wants an EGM. Signatures are still coming in so the number will probably rise even higher.
I have pressed the committee members these last four weeks to call this EGM voluntarily as I believe the best thing is to have a proper democracy without the need for legalities. If people are not happy or don't understand the decisions taken it's always best to get them together and discuss the items. However only after collecting the necessary > 25% the committee decided to give in. I find it disappointing but I share Rene's opinion that the most important thing is that we get together and as a community decide what is best for Don Juan.
 
Max



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05 Apr 2009 10:06 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Dear Max,

I share your comment that we have to come together instead of divided into 2 groups

What I cannot understand is the opinon that we are scrutinizing votes and that we fought to dismiss the meeting.

We are just checking the authenticity of the votes and see if this is really 25% of the community.

This is just according to the procedure, and by writing this it is likely that this could be encoraging the formation of 2 groups.

Nevertheless if there were no 25% of the votes there, we are still going to have the meeting as posted before.

So in my opinion there is no issue here.

Since this meeting is more important than ever I hope many people will attend or leave their proxies in case the really cannot come over.



_______________________
Best Regards, René


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06 Apr 2009 7:33 AM by michelle17 Star rating. 52 forum posts Send private message

Hi Rene,

I have the impression that a lot of the non-resident overseas owners will be at Don Juan for the Easter holiday. Is it not possible to have the meeting during this time? This will after all save most of us a lot of money in air fares.

Michelle




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06 Apr 2009 8:30 AM by Rene35 Star rating in Holland. 87 forum posts Send private message

Dear Michelle

Organizing a meeting takes time

Also the community board is spread over 3 countries which makes communication more intensive.

Easter is not possible for us to be ready for the meeting

Tommorow we will come up with a date.

 

 



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06 Apr 2009 12:42 PM by westport Star rating in London & Co.Mayo Ire.... 509 forum posts Send private message

Just out of interest. What if the old cleaning company did go to court and win, ( which I don't think they will, according to the information provided by the committee ), does that mean that we then have pay off the new cleaning company as well for their contract. My advice to the committee in future is, never ever employ anyone living on the development again.

Westport

 



This message was last edited by westport on 4/6/2009.


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06 Apr 2009 1:10 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Indeed Westport

If on the EGM it is decided to hire Hervas again we are facing the problem of paying off the current cleaning company.

I agree with you that for me its clear not to hire anyone again that is also a neighbour

 



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Best Regards, René


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06 Apr 2009 10:31 PM by dema Star rating. 11 forum posts Send private message

Hello

There's something very fishy going on at DJ 1,there has been a change of companies who have been working here before without a murmur , why the sudden storm ,is it possible that there could be a connection between this company and another neighbour ?  Neighbours should try and obtain the facts of the matter from a reliable source such as one or more of the committee members before making a decission that they might later regret

                                                                                                                                                      Dema




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06 Apr 2009 11:21 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

 René wrote:

Reading the post below people are made scared for a virtual post of 8000 euro.

Let me tell you there is no court case with Hervas yet, and if there is a court case we first have to lose it.

And if we lose it then not to worrie about it because our new cleaning company cost less than 1800 euro per month for 2 people and one guy who cleans the garages..

Instead of the 2600 euro we paid for Hervas 2 people. And poor quality.

 

We save 800 euro per month !!!

Lets say if there will be a court case and if we lose it (which I doubt that because of our legal reasons) then there is a possibility that it will cost 8000 euro.

So after 10 months we a smiling again and the reduce of costs for all of us is a fact!!

Now I know many people will say yeah but Hervas wanted to do it also for the same money.

True but how would you do your work if your boss tells you as of next month I will give you 800 euro less salary?

 

Dema talks about straight facts. I agree completely.

On my desk I have the original contract with Hervas which is not a neigbour as the company is based in Sevilla. There is a neighbour working for this company but that's a different matter.

The original contract from 2007 is for 2200 Euros excl. IVA. The next contract is signed on November 9 2008. Again 2200 Euros but this time signed by the new president. Three months later a contract is signed for 1790 Euros (still excl. IVA). A few hours after the counter sign by Hervas the committee ends this contract.

As a community we are unfortunately obligated to pay IVA (VAT) and can't get it back. So the real costs went down from 2552 Euros to 2076 Euros monthly, The difference is 476 Euros per month; not 800 Euros. Even without switching companies we could have saved almost 6000 Euros each year by sticking to this new contract. The new cleaner asks the same amount of money so there is no saving there.

If the court case is lost (because ending contracts because people have cried 'during workhours' is a very weak argument) we will never get the estimated 8000 Euros back.

Regarding the argument from Rene that we can't expect proper service after lowering the contractual price I don't agree. I have had a medium sized company (10+ employees) for a long time.The contracted price doesn't influence the income of the workers, but only the profit margins of the company. And if he really thought this would detoriate services why did he and the rest of the committee agree to offer a contract to Hervas for this reduced amount?

Max

 

 



This message was last edited by max! on 4/6/2009.


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07 Apr 2009 8:27 AM by Rene35 Star rating in Holland. 87 forum posts Send private message

Dear Max

The virtual 8000 euro of yours is just air to me.

The fact is that from  the 3 months contract she has been working already one month and we payed for it.

Leaves us to pay in the worst case 2 month salary + court costs.

Which if the dream comes true will be payed by our reduction on cleaning.

Your figures are not correct. Neither were mine in my previous mail but I have got the real figures now and will work on that.

But there is no court case at all and in my opion there will not be because a company that has no proper contracts for their employees and don't pay national insurrance will think twice if they are smart.

It doesn't matter if the company is in Sevilla, the fact remains that the worker is a neighbour which makes thing complicated as we could see for the last weeks. We all know that the business Hervas is on the name of the son of Toni, and the contract is always negotiated by Tonia. So for me Tonia is the one representing the company.

The community board is distracted from the important matters to solve and is spending lots of time on this kind of rumours, acuses etc.

I wonder what the higher goal behind this all is.

Also on your last assumption we have a good answer but we will keep it for the meeting.

Anyway today the agenda will follow we are still working on it right now.

Best regards,

René

 

 

 


 



This message was last edited by Rene35 on 4/7/2009.

_______________________
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