For everyone...

I have found out Ana Larios is the president of PM2 and possibly the other 3 communities also. She is a lawyer who works for Interlaken.

Any action you want Ammex to take has to come from Ana Larios as she is the temporary president.

I have sent her an e mail requesting:

1  More gardeners to be used to improve the landscaped areas.

2  Security guards and hut to be put in place as per Interlakens statement of 23rd June 2006.

3  If life guards are required at the pools at all times of use, this should start on 1st April 2007 till 30 Sept 2007. (currently the start time is 1st June to 31st august) This extra period spread accross the community is of very little cost and is something that has been mentioned by quite a few purchasers.

This is to set the ball rolling so to speak and I'll post her response. Her e-mail address is:  alariosm@grupoaisa.com

Should a few of us request the same we may get some action. With the amount of people going over for Easter it may well be a good time to start pushing for these requests and maybe following up on our visits and to be honest we might want to use the pools, after all they are ours!

Ian

Just a word of warning, if a president is not elected by the purchasers one will be selected at random (by drawing lots) by Ammex as per the "Horizontal Property Act"

"This selection will be compulsory although the unit holder may apply to the courts to have this annulled."  It is up to a Judge to decide whether this person will carry on as president!

The full version of the Horizontal Property Act can be found on the Ammex website. Go to  www.ammex.org click on UK flag, under "Recent News" click on "Legislation applicable to community property owners" then click on british version of "Horizontal Property Act"

Also as per the info i have read, (on the EOS "Entering a community and the role of President"  (see link below)www.eyeonspain.com/spain-magazine/president-community.aspx   (you can also download the same Full version of the Horizontal Property act on this link too) and the EOS piece states you only get one vote as an owner regardless of how many properties you own in your community. Therefore if Interlaken own 15 apts in PM2 they only get one vote. 

Ive also asked Ammex do we legally have to have 4 presidents or can we in fact have just one?

Ian

Reference to recent posts re the upcoming AGMs and also the question of how long the pools will be open this year I attach the reply I received from Ammex re this point. Following the excellent action by Ianmack I wrote to Ammex to reinforce the desire for a greater pool opening period. I am sure most of you will be aware of the importance of the AGM but this really makes it very clear. Unless the vote at the AGM changes it then the pools will be open as per the hours on the Ammex note. This AGM is becoming more significant all the time as it seems that once decisions are taken they cannot be changed until the next one. I am sure in due course we will all get to know how to live with this bureaucracy (probably by ignoring it) but in the meantime it looks as though we need to make sure the right items are put on the agenda for votes to be taken. Below is reply from Ammex.

Copy of e-mail and response from Ammex naming Ana Larios of Interlaken as the Temporary President.

From: Ian McGrath

To: Info Ammex

Sent: Monday, March 19, 2007 9:51 AM

Subject: Who is President

Client I D McGrath Block 17

 

Can you please inform me who the president is for my block PM2 and can you give me contact details.

 

Yours

 

I D McGrath

I have read this week in my newly received book called "You and the Law in Spain" that the votes are dependent on the "cuota" for that property, ie your vote equals the same proportion as your share in the community charges, which seems perfectly fair and reasonable to me. So Interlaken will have votes equal to the "cuotas" of any units not completed. I can recommend the book, available from Amazon or El Corte Ingles. I only received it a few days ago and haven't had time to really read it, but have skimmed through the chapter on Communities and the translation of the Law of Horizontal Property. It was recommended to me by a friend who has owned an apartment in Spain for 5 years. Good description of the role, rights and duties of the President and Administrator.

Also the reply from Ana with the fact that Interlaken is the President because they have the most number of votes, surely does not hold anymore - by the time of the AGMs, most will be completed. Only a simple majority (51%) is required to vote in or chuck out the President at the AGM. Seems to me to be important that at the AGMs, absent owners give a form of proxy to someone else.

We only need a majority vote from the people who turn up at the AGM to effect a change. This would include anyone using a proxy vote. Interlaken are only temp president due to the "Cuotas" which is always going to happen on every new site. I dont think IL have any intention of carrying on in that role and it is an obvious transition period.

Even if IL wanted to put forward a proposal based on the fact they own 20 apts, technically, we would only need 2 people to vote against it and it wouldnt get passed because of the rules as quoted below.

"Strictly speaking a proposal can only be passed if it has a majority of owners and coefficients, however if a situation occurs when a majority of coefficients (for example the builder may still own half the community so has 50% of the coefficients, but only has one vote) is for a proposal and a majority of owners are against it, he (the builder) cannot force through his proposal because both criteria are not met"

The condition for voting is "One Owner One Vote" (not one vote per apartment)  

The link for this info is:   www.eyeonspain.com/spain-magazine/president-community.aspx

Ian