Hi all
My notes from Saturday's comunidad meeting enclosed. There are 5 attachments which are available if you can send me a private mail with your email address & will forward to you.
Dominic
Meeting of the comunidad 07/04/12 at 11.00.
Man residents who have not received letters informing them of the meeting of comunidad should contact the administrators at the following email address;
The President of comunidad Jesus Pelegrin Plaza, addressed the meeting with an introduction & said we would be 'starting at the beginning'.
This was followed by Pedro Martinez from the new administration company 'Comunalia' addressed the meeting. He said the previous administration company (Pentagono Multiserviciios, S.L.) was very expensive & wanted 'money for nothing'. When Comunalia asked for the documents relating to comunidad for Calas del Pinar they asked for 'money' to release documents. This money was not paid & documents were not released, therefore the letters of invitation relating to meeting of 07/04/12 were to the old addresses from Peinsa.
In addition Pentagono had sent a bill to Banco Popular (main bank mortgagee for CDP) for houses not sold for € 60,000 which he stated was another example of 'money for nothing'. It was suggested the bill was paid !
As Pentagono were not co-operating & their only motivation seemed to be obtaining money, the new administrators Comunalia recommended we should start the comunidad again from scratch with a new minute book, CIF, register with data protection authorities, re-registering etc.
Yolanda from Peinsa held a separate meeting with Jose Ramon from Pentagono in an effort to resolve the problem & he said he wanted € 2000 to cancel the existing agreement, which when presented with the cash, he wanted more money. He was paid nothing & the last words were 'see you in court'.
New estimates for maintenance of pools street & garden were obtained, these were half of estimates from Pentagono. However they were still looking for cost savings.
It was stated that Pentagono had done nothing for our comunidad & we would be creating the new comunidad from scratch.
The other members of Comunalia team, Francisco xxxx who was responsible for all maintenance & insurance. Also Dolores xxxx who was the companies solicitor.
It was stated the agenda sent out was prepared before the meeting with Pentagono. It was recommended not to approve the minutes from previous meeting as this would be an admission of Pentagono completing work.
This was followed by a discussion on any legal consequences of creating a new community.
The director of Peinsa who was acting (unelected) president of comunidad had signed a contract with Pentagono for 6 years. Peinsa is attempting to 'get out' of contract.
Also stated was the contract was signed in 2008 before any of the houses were occupied.
It was stated that because no invoices were raised all previous documentation was invalid. Also that Pentagono is attempting to defraud the comunidad & we would take legal steps if required.
A vote to approve minutes from previous meeting was rejected.
A second vote to approve the president, vice president, committee members & new management company Comunalia was passed.
It was stated no contract have been signed with contractors for pools etc & that contracts would be awarded on a yearly basis.
A vote to give responsibility to committee to close the old bank account created by Pentagono was passed.
A vote to open a bank account for comunidad with cajamar was passed.
A further vote to obtain the documents relating to our comunidad from Pentagono via police if required was passed.
A vote to give authority to president & Comunalia to 'normalise' the comunidad was passed. It was stated the only legal costs agreed to would be € 25 - 35.
Individual examples of monthly costs were distributed (see attachments 1 - 4).
It was stated that the costs for common street were divided into all 3 phases. This was followed by a discussion on if public streets could be cleaned. The cost for cleaning were approximately € 4 per household & it was stated for a further € 1 per household all streets could be cleaned.
Comunalia then budgets for phase 1 & 2/3, also stated that all costs for garden area were the responsibility of phase 1 residents.
The electricity supply to site was the discussed. Peinsa have completed all work to provide electricity, supplied all documents & paid fees to obtain supply. There is enough electricity to supply 276 properties & are waiting for a final meeting with electricity company to agree which houses will be supplied.
A vote was taken to allow Comunalia to bill residents from January 2012 to create a reserve fund for comunidad which would be deducted in one payment.
It was also stated that all contact details would require updating & bank details for the arrangement of a direct debit for payment of comunidad fees. In addition it was requested to use email rather than post to contact residents to keep administration costs as low as possible.
A form was supplied (see attachment 5). This can be returned to Comunalia by email attachment or post.
The next AGM of comunidad was requested to be in August when most residents would be occupying their properties for summer holidays. Also any potential improvements could be discussed.
A vote to give power to President & Comunalia to obtain best options for maintenance of pools, garden etc was passed.
The comunidad rules were discussed & passed with minor amendments.
Pergolas & awnings, a request was made to keep the same colours, any doughs, check with president.
To keep regular communication the creation of a facebook account was recommended.
It was stated the fences around our development remain in place because the town hall have not yet accepted responsibility for garden areas & Peinsa will be liable for any damage which may occur.
A quote to replace dead plants in phase 1 gardens at a cost of € 1780 was voted on and passed. Paid for by phase 1 residents.
A second bank account for phase 1 & phase 2 / 3 may be created to make accounting easier.
Meeting closed at 2.35 pm.
I was asked to raise the following questions by residents;
Q. Keys for toilets in pool areas ?
A. The keys will be released when the maintenance of pools starts. The toilets will only be cleaned during the season, 1 May to 30 September.
Q. Why are documents using plot numbers rather than house numbers ?
A. All future documents will contain house numbers.
Q. Electricity for phase 1 € 1595 & phase 2 € 1905, why the difference ?
A. On attachments 1 - 4 their is a column 'Sumas', this relates to the share of estimated bills. Therefore electricity estimate is based on the number of houses per phase. Phase 1 = 45.57 % & phase 2 / 3 = 54.43 %.
Q. Can we add all dog mess should be cleaned up & placed in council bins ?
A. Rules Art 7. amended to include the above.
Q. Water for phase 1 € 1139 & phase 2 / 3 1361, why the difference?
A. As per previous question on electricity.