This was attached in the e-mail...
Dear Homeowner,
With this email, and given the rumours that have being circulating about the cessation of Resort Property Management, Ltd., as secretary / manager of the community, we would like to inform you about the following to clarify the situation.
1º- As current secretary / administrator of the private community of owners of the complex "Condado de Alhama Golf Resort" at all levels, we don’t consider the existence of the body that called the Extraordinary General Meeting of the Community of Owners "Condado de Alhama Resort" held last August 1, 2009, because it does not comply with the provisions in the statutes of the Community, or as stipulated in the act 49/1960 of the horizontal property, subject to further expansion, as an example here are a few of these serious illegalities.
a) Article 12 of the statutes of the community established that the only persons with power of representation for the General Community will be the presidents or representatives of level III or superior.
Therefore, the presidents of Level III only have the legal authority to convene General Meetings of the owners of the related gardens, and not the other presidents of the Level III or Level II.
b) the presidents of the Level III can request to convene a Extraordinary General Meeting of Level II, if requested by a quarter of the owners of Level III, or those who represent at least 25% of the coefficient of shares of the total of the owners of the community, not just from the gardens (article 18 of the Status of the Community)
c) The legal authority to cease any position of the community in Level III, depends only on the General Board of the Owners of Level III when properly constituted.
d) For the call be valid, by the constitution of the general meeting of presidents of level II, it should be called by the president (level I) and they must notify by a minimum of six days, in a refutable way , all presidents of this level (Article 16 LPH)
This meeting was not convened by the Presidents of Level I, and all the presidents of the Level II were not notified.
The presidents of Level II will, on request of the Presidents of the Level III, be subject to consultation on the different points of the agenda of a general meeting of owners of gardens. The president of Level III will receive the information about what the owners request and will pass the information to Level II to get an agreement in the General Board of the community.
e) A part from many other serious violations that we will eventually show in detail
2º. Therefore, because it has not complied with any of these requirements it is not appropriate to regard this as an Extraordinary General Meeting of the Community of Owners and their adopted agreements are invalid.
In this situation, the position of Resort Property Management S.L.. , as the current secretary / administrator of the community, without prejudice to other actions of other presidents are as follows:
1.The communication by email to all the presidents attending the meeting, notifying them of the content of this message and inform them of some of the serious irregularities committed by having full knowledge of the scope of their activities.
2. Transfer of documents to our firm´s CARRILLO ASESORES SL HQ so that our lawyers can study these documents, as to bring possible action against those directly responsible for this action.
3. Given the absence of agreements, to reject the content of communications received so far to this administration headquarters.
4. Continue to perform the functions related to the post of secretary / administrator it currently holds
Therefore, we are at your disposal to clarify the situation, as we are for any other issue affecting the community
Alhama, de Murcia, 7th of August 2009
Yours sincerely,
Resort Property Management S.L.,
José Gabriel Carrillo Fernández.