We request that this document is forwarded to all named persons and all 78 block presidents of the resort.
We, the owners of Haciende de Riquelme Golf Resort, herein called “the resort”, hereby request an early response to the following matters raised at the Annual General Meetings of the owners to:
- Resortalia, the personal employed by them and the management company of the resort
- the self-appointed President of the Community, Margaret Daniels
- the Director of Communications of the resort, Carole Eteson
- the Director Finance of the resort
- other members of the resort committee
Issues raised at the AGM relating to Articles of Association of the resort
NB: Article reference is per the articles of association of the resort
Article 5, D) Instruments of the Association
subsection (F): manage and protect common interest whatsoever public authority and individuals with regard to all the legal acts, contracts, actions and appeals that my be necessary
and
Subsection (G): Exercise whatsoever activities and legal rights that may be appropriate for the better fulfilment of the associations purpose and for the benefit of the association and the members thereof.
Question
Why was Resortalia laptop with everyone’s personal data left outside the AGM meeting room unattended for 3 hours? - This is in breach of data protection regulations as it contains name, address, NIE No, passport no for every owner of the resort
Why aren’t material contracts competitive tendered?
We understand a 10 year rubbish contract was signed? Is this correct? Was it competitively tendered?
Who is independently checking invoices to be paid?
Is anyone assessing potential conflict of interest situations?
Why weren’t known exposures disclosed at AGM in president’s report or financials?
– street and perimeter lights of the resort not accounted for since 2007, therefore 3 years and 3 months of costs to be billed to the resort (estimated at potentally1 million Euros),
– repaint resort (5 million quote)
– water contract rebid
Article 10: rights
Subsection d) To intervene, where applicable, as electors or candidates in the designation of the governing bodies
Question: The appointment of phase presidents and president do not follow this article and as such the appointees are null and void
Articles 5, 11 and 12 does not include community admin costs to be paid at building level
Question. Why are we paying these costs and what for at building block level?
Article 21E: To approve the application of special contributions to pay for the expenses not anticipated in the annual budget
Questions
Why do the electricity costs exclude any provision for street lights since 2007. This is potentially a one million euro significant material cost that has not been accrued or accounted for.
Why does the budget and actual costs exclude dilapidations to the buildings and the expectation to repaint the resort every 5 years. We are now 2 years into this 5 year period and the costs schedule have made no provision for this known 5 million euro risk
Article 28: 3A: To keep the administration and accounts of the economic and financial management of the association based on generally accepted accounting principles
Questions
Why do the electricity costs exclude any provision for the costs for street lights since 2007? This is a significant material cost that has not been accrued. This is a potentially a one million euro significant material cost that has not been accrued or accounted for
Why does the budget and actual costs exclude dilapidations to the buildings and the expectation to repaint the resort every 5 years?
How are the community costs/budgets allocated to buildings? Why does the percentage of this cost differ per building?
Why is there no interest received in the accounts?
What is the allocation methodology used for allocation of actual costs and buildings to building cost schedules?
President’s presentation at the AGM excluded known material risks on electricity street lights (not billed since 2007 inception and dilapidations to buildings for repainting resort
Why is the reserve fund 85% budgeted lower in 2010 than 2009 when known material risks exist on electricity, dilapidations and court actions against Polaris and appointing experts?
Why did the b/f reserve fund for our building (Tomillo 5)change at the end of 2008?
Article 31, 1: Every six months the administrator shall obtain a balance sheet and a statement of income and expenditure which shall be related to the cumulative budget. At the close of the year the said statements may be subject to approval by auditors
Questions
President’s presentation at the AGM excluded known material risks on electricity street lights (not billed since 2007 inception and dilapidations to buildings for repainting resort
Articles mention only 1 meeting per year not 7, 1 per phase
We herein as owners of the resort insist on appointment of auditors of the resort and for them to audit the financial statements for actual costs incurred in 2008 and 2009 and the 2010 budget, together with the cost allocation by building.
Dated 7 March 2010, Murcia, Spain