community meeting minutes

Hi All BDM.s, yes l thought they would try this, as l said some months ago.The builders always try to be president for the first year to top up his fund, they will use any trick to pull it off. family, friends etc. he will use all the empty apartments as his votes, anyway he can have a majority. ( he should also pay the community fees for all the empty apartments. lf he has not paid or will not pay them he can not use them to vote with) He will also use an administrator that is with him.All is not lost if you can get everyone at the meeting to vote him out as president  using there votes and all the proxy votes from those who can not attend,, (will everyone who can not attend please make sure you give someone there your proxy vote ) you should get the majority (and sack the administrator )  The Administrator is employed ( and paid ) by the community to carry out your wishes, they are not there to tell you what to do,These first steps are most important, it is our community not the builders family club. Even if thakes all meeting arguing get him out. You can call an EGM  ( at any time if 25% of the community want it) at a later date to pick a president ( any volunteers) and apoint an administrator. All these details are in the horizontal act from which all communties work from. Regards Pat.

Hi,    I cannot be at the meeting on wednesday and would like to give my proxy vote in order it adds to the numbers wanting to vote out the current president.    If someone who will be there could give me their email address I will complete the proxy form and send it for inclusion.    I totally refute that being a debtor means no voting rights and have emailed infopentagon to record my concerns.  So far I have not had a response.  

Hi all I will also give my proxy vote to anyone who can attend, if we are all debtors how can we vote him out? 

I have also looked at the minutes of the last meeting and there is NO mention a budget fee of 200 euros as stated on the e mail sent to Karen from Ingrid. Does anyone know different?

Hi All, i have looked at the minutes and also cannot see anything about a budegt fee either. Please there must be someone reading this who is going to be thereat the meeting who can take our proxy votes. we havent got much time.

By the way I got an email repy of Ingrid with a attachment of the direct debit from but no telepnone no( I asked ) just the fax number.Vanessa

Hi all, Still no response re e-mail about charges.

Has anyone arranged payments if so to whom do we send our bank details to?as further charges are proposed via reminder letters,unfortunatley we cannot make the meeting.we are really concerned about incurring escalating charges.   

Hi Guys,

I wouldnt be that concerned !!! These escalating charges are created by whom ?????? We have all paid for our apartments and we are all in the very same boat as we had no way of paying these charges before now. What we need is to clarify are the dates 01/01/08-01/02/09. Can any management company charge from the beginning of the year even if we just moved in on 01/08/08 Does anyone know ?

Thanks

marie

Hi All If the 200 eoros is not mentioned in the  minutes, then it can not be implimented as it is not legal.so no one should pay this fee. l think the builder is trying it on, he is trying to say everyone is in arrears so he can win the vote, but if he has not paid for all the empty (unsold apartments) then he can not use them as his votes.so he has no votes.Anyone (all of us) from the community can ask to see the accounts and they must show you  them by law so you can see if the builder has paid anything, l very much doubt it. Why are we only hearing from the people who cannot make it, Come on you owners who will be there take the bull by the horns and help us none attenders by having the proxy votes, as Newsham says there is not much time.Pat.

 Hi Marie Your quistion came up while l was writing the last post, the answer is no, You only pay the community charges from the date the community is formed, or only from when you sign for your apartment at the notory if the community is up and running, the builder is responsible for all the apartments until they are sold. Pat.

Hi All as l have at last seen the minutes l see what you all mean, the builder has put me in arrears of 431 euros which is impossible as l only signed in Jan this year. As the community is only just in the process of being handed over these arrears are illegal ( l think ) it is the builders way of stopping everyone voting him out and trying to claim money for a period of time he is responsible for. l have asked Maria de Castro  ( lawyer) on the eyeonspain thread community administrators if this is all illegal and can we ignore these arrears, have our meeting and all be able to vote in our own President and Administrator.then we can get the community up running. You will see her answer on there when she replies. L have also e-mailed the builder and Administrator and told them that there is no way l will be paying the arrears of 431 when l did not legally own the apartment for that period of time.  ( no answers yet )Regards Pat.

Hi Pat and all BDMs

Thanks Pat for all that information. It is really invaluable !!! Plus I know that you would have gone through this carry on in Almoradi.  We would be lost only for this website. It will be great when all these legalities are sorted out and we can get on with enjoying the place !!!!!!!

Thanks again

Marie (and Geraldine and Karen)

Hi,

I can't attend the meeting on Wed but I would like someone to use my proxy vote in order to vote out the builder and to identify fairly what is due for payment. I have had no notification in relation to the budget fees nor any warning prior to becoming a 'debtor'. I emailed pentagonomultiservicios last week but have still not received any reply.

Thanks!

GeraldineC

(no 93)

I cannot manage the meeting either and would appreciate if someone could use my proxy vote.  I am apartment 111

Carol

 Hi Geraldine l e- mailed both the builder and the so called Administrator days ago to point out what they have done is ilegal, so its obvious by there silence that they know it is ilegal.. Maria de Castro (lawyer) has answered my question on this sitution (on the eyeonspain genral chat thread under administrators ) please all check it out.She also agrees it is ilegal, we can not be in arrears for the time before you signed for your apartments. or before the communiy is set up (handed over). maria also says it seems reasonable and legal if we ignore thiese arrears have the meeting  use our votes to choose are own President and Administrator. etc  the builder will protest but take no notice he is in the wrong not us.we can applie the no vote rule when in arrears after we have sorted everything out. Has anyone got any ideas on an Administrator. l could recomment the one we used in Almoradi (5mins up the road ) Regards Pat. Ps can someone who is going to the meeting please pick up the proxy votes,

Hi,  I didn't get an email address to send my proxy vote to but am wiling to let it be used if it can be to support our cause.  My apartment is no 45 in bloque 2.    I hope it can as it will be a shame to waste it.

I have had a reply off the administrators see below/.Dear Vanessa,
O.k. Now, what happened, is that everything has been send very late because
of not having an elected president, and we couldn't charge you the fees at
the bank as there was no president.  Tomorrow is the meeting, so we will now
who will be the new president.
We will know exactly everything about the fees and how to pay them.
Of course, no 20% will be charged to you.
Please be patient until tomorrow.
But this year's fees are the same for all the owners. 200€ to be payed in
January and your normal fee of February.
I hope to give you some more information tomorrow.
Best regards,
Ingrid.
----- Original Message -----
From:
To:
Sent: Monday, June 01, 2009 8:13 PM
Subject: In breach of horizantal law



Dear Ingrid,
I dont think you are being very helpful to our community. I am
checking with the solicitors as I feel you may be in breach of the
hroizontal law. you are sopposed to be working for our community and
your payment comes out of our fees.
The faults.

1) You sent the minutes translated 4 months after the meeting.
2( you say we are all in debt and yet you have only last week with the
minutes sent us when to pay and bank details and direct debit form to
us.
3) You will not provied a telephone number.
4) You will not let me know how much we owe
5) you have said the fee is from jan 2008 to jan 2009 when i did not
own in jan 08 i bought in Aug 2008.
6) i would like to know if the builder has paid for all the empy
apartments and if so how come he knew when to pay as he seems to be the
ownly owner who is not classed as a debter.
7) how can you put 20% on our fees as it has not been agreed yet.  As
it is on the agenda for the next meeting.

I ooked forward to hearing from you as do all the debters of Brias del
mar.

Regards
 

 Hi

we got our letter on friday and as expected we are down as a debtor It looks like they want to charge everybody an extra 200 euro we only signed on 21/07/08 so we ought not to be charged a full year. They did not reply to my e mail which i sent on friday evening.I will give my proxy to anybody going to the meeting. I can e mail it as i scanned it to my pc.

Regards Martin

Hi again

Here is a name of a fantastic Solicitor that Marie, Geraldine and I used regarding our apartments in Brisas del Mar.  She really got me out of a bind when my solicitor took off  .  She is also very reasonably priced.

Here is her contact information should anyone ever need it -

Maria Jesus Zaragoza Perez
c/San Miguel 11
03193 San Miguel de Salinas
Alicante

Tel:  965 720 806
Fax: 965 720 448

Karen

Hi All they Can Not Charge you Community fees for anytime before you signed for your Apartment  Fact. or Before the community is handed over and up and running. The builder is pulling a fast one, he put me down for 431 euros for Jan 08 to feb 09 and  l didnt sign for the apartment until Jan 09 this Year, Totally ilegal it is Just the builders way of stopping people from voting  him out by p.utting you in arrears. So carry on Regardless of any protests he makes (see 10 posts earlier) and if the Administrator does not do as we want (we pay them) sack them as well and we will appoint a new one (plenty of time to get it right) They do not seem very good as they sent out these minutes and arrears list knowing they are ilegal, ( supporting the builder ) when they are supposed to support our wishes. Regards Pat.

 Hi

Any news from the meeting on wednesday does anybody know if any good news came out of it.

Regards Martin