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We are proposing to hold a meeting on either 10th /11th April exact location to be confirmed direct to those who have expressed an interest to attend. (send private mail to thread)
Please use this thread to post items you would like discussed so that we can some items what is top priority etc.
I suggest items such as - but up to you
1. Election of president for each community - how can we ensure all purchasers eligable to vote know how to vote and when they should be voting. How can Amex assit in this and the elected temp president
2. What services are we getting at present.
3. Security is it better
4 Gardens where do I start - what is amex doing in each community re gardens and whgat are we paying for
5. Access to pool - without attendant can this be achieved - I have asked Amex how we can go about achieving this as I would like \the option of having access outside Jue - September
6. Snagging - how can this be better organised for thier customer!!!!!!
7. Water supplies - anyone understand why supplies are cut off even when they have been fully connected!!
8 Electric Supplies - anyone understand why supply is interupted
9. Blinds where on the earth to you get them from
10 Continunity between communities
Kind regards
JB
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I think it is a great idea to get a list sorted asap so we can get them onto the agenda for the AGM.
It may also be prudent to meet with Ammex after the proposed meeting on 10th/11th April just to make sure we put our proposals to Ammex in the correct manner and make sure we follow the correct procedures.
We need to make sure that what we want to vote on at the AGM is on the agenda when we get there and i agree with Brutus's list below as a starting point and would just add "Streetlighting" to it.
It seems most people are over between the 5th - 19th but as stated below others can post their proposals for inclusion on this thread which can then be put on the agenda for the AGM. I myself am over 1st - 5th April and 30th April - 3rd May but we need as many over as possible to attend so we need to go with the flow.
I believe the agenda for the AGM will be posted to all purchasers 2 weeks before the AGM and if you cant make it you can vote by proxy or nominate someone to act on your behalf.
Ian This message was last edited by Ianmack on 3/27/2007.
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Ianmak
Thank you for your support. We are all in this together and the more support the better.
With street lighting can you give some specifics as to what you dont like, what is wrong and what you would like to see be achvieved then at least I understand your issues.
If I go to Amex with no examples I /we wont be able to achieve anything. More than happy to include though. Why are they on some nights and not others is my question?.
Meeting is confirmed as going ahead on 10th April 5pm in block 28 portal 93. I have asked for an apponitment with Amex on 9th April and invited Amex to attend the meeting .
Any one know the temp president contact details for all the communities. I am getting no where in actually getting a name and tel or e mail address.
Kind regard
JB
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More power to your collective elbows. I hope you all have a constructive meeting to create an agenda for the AGMs. I will not be able to be there the week you are intending to meet up.
As far as rules are concerned it might be worth raising the question of rubbish being deposited in the outside bins. As far as I can see the only times permitted to do this are 2100 to 2300 each day. (Article 36 of the rules) Obviously if people are going to be out in the evening, which holidaymakers tend to do this could be difficult. I have heard of people having to get home early to relieve the babysitter, but not to put out the rubbish!!
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We cannot attend the April meeting but we are definately thinking along the same lines as you. I will be posting a new discussion on Eye on Spain for the owners of Blocks 1 & 2
Kevin H
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Brutus/JB
Ive copied my earlier posting (below) which was under the "Recent Ammex E-Mails" which lists Ana Larios as the temp president as given to me by Ammex.
The street lighting is exactly what you state, sometimes its on and sometimes its not and the far end of the site near the cement silos behind blocks 17, 25 & 26 were not on at all last time i was over. It creates a safety and security problem.
As it happens she has not yet responded, so ive e-mailed Ammex again to ask why our temporary president cant be bothered to respond.
To All
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
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It's great to see so many people contributing to this (and related) threads and I am now just starting to get some confidence that together we can get things moving with some positive action.
However, unfortunately I will not be able to make the Easter meeting or the AGM in June. I'd hate for my vote to be wasted - does anyone know the procedure for voting by proxy?
If not, I will ask Ammex by email and post their response on this thread.
Best regards
Simon
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Proxy procedure - straightforward, you just give anyone the right to vote on your behalf for all or any of the items on the AGM agenda. Must be in writing, no set format, but I think you need to state the date and time of the meeting, etc. You can give them unlimited voting power or specific yes / no votes to each item of the agenda. I think I am correct in saying that Ammex should provide details or a standard Proxy form with the notification of the AGM and copy of the agenda. Let me know if you want me to copy the full details for you from my reference book!
I personally believe that giving Proxy to someone you trust is going to very important, for all absent owners, especially at the first AGMs.
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I have major concerns about the safety of the balconies / terraces on upper floors. We have a two year old who would happily have launched himself off the balcony if we had let go of him. The wall is ridiculously low, and the gap between wall and wooden beam is wide enough for a small child to fit through. In UK I'm sure there are building regs that state a balcony has to be a certain height - to avoid tumbling children. What is the point of a balcony and an upper terrace if you can't use them for fear of losing your children over the edge! I would like agreement as to what we can add to the walls ourselves to make them safe.
(IanMack - you seem to have a good knowledge of UK building issues - do you know what the UK regs are? This would be a useful guide for us to work to, even though the UK regs are meaningless in Spain. I have measured two of our UK balconies and they come up to my elbows, rather than just above my knees like the Spanish ones!)
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There seem to be quite a few threads running here concerning the upcoming AGMs so I hope people are reading them all as it is easy to miss points. I don't know how that can be avoided but must hope for the best. Anyway I had an interesting time last night reading the Horizontal property Act, great if you suffer from insomnia!!. The point is that under section 16 (2) it states that
'any unit owner may request the meeting (AGM) to examine and resolve on any matter whatsoever concerning the community. For this purpose, a letter should be sent to the president setting out clearly the items requested to be dealt with. The president shall include them in the agenda of the following meeting to be held.'
I am no lawyer but if I am interpreting this correctly it seems that we can have our own meeting when the owners get together in April, elect a scribe and that person could send a list of items that the president must by law include in the agenda for June's AGM. This could bring to a head immediately all the list of concerns and those attending could have them voted through. There are some areas which require approval of differing proportions of owners but it might be possible to clear with Ammex in advance which of the concerns can be carried by a simple majority of the votes of those present and which (if any) require a majority of the whole community of owners.
I think this last paragraph is key as section 17 of the act requires that resolutions which affect 'common services' or 'facilities of general interest' require the favourable vote of three fifths of the total number of unit owners. Does this mean that lighting, swimming pools, rubbish collection, etc etc would need a 3/5ths majority? I think we need to be clear on this as if not it might be the case that a meeting is held but the level of votes needed to get anything significant passed is well short of the legal minimum.
Certain areas seem to need unanimity of votes. Those are items which affect amendment of rules contained in the master deed. Would that for example mean the ability to switch to one community from the present 4 is affected by this requirement? I seem to have more questions than answers here but this is why I think we need to be clear as to what we can change and whether the change is implemented by a simple majority at the AGM, a 3/5ths vote of the owners or even where unanimity is required.
At the end of the day I don't think Ammex have a desire to be difficult but are bound by the law as to what can be amended or implemeted and it is up to the owners to take charge of the direction of events and implement any improvements or changes that we want. Ammex are the administrators within the terms of the act and should be able to give us practical and legal advice as to what can be done.
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Ef,
Thanks for the info on proxy procedure. I will contact Ammex to ask them to confirm that a proforma will be issued with the agenda. I will post their response when received.
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Regarding children's and others safety on balconies and stairways. The UK requirements are that the guarding height is generally 1100 mm minimum and any gaps should not be greater than 100mm (using a sphere). Surely EU safety requirements are no less? My own surveyor has condemned the spiral staircase as being too weak for purpose. Once again I stress that no occupation certificate should have been issued and no completion should have taken place with basic construction deficiencies outstanding. What exactly are the lawyers and snaggers doing at our expense?
_______________________ N. Sands
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Norman is of course correct with the handrail heights at a minimum of 1100mm and gaps between rails or balusters should be no greater than 100mm but that is of course in the UK. I dont think Spain have anything like the building control or standards we have in the Uk. It would be fairly easy to erect another rail or trellis inside the ones that are there already to a slightly higher position. Something similar to the grills to the windows or patios screwed to the existing handrails wouldnt look amiss. You would probably spend more time argueing with Iinterlaken than it would take to do it, and in that time an accident could happen. I would make it safe and argue later!
With regard to the AGM and from what i understand, the meeting on the 2nd call requires a majority vote on all the normal items on the official agenda. The voting rules do appear to be different when the item on the agenda is a resolution contained in the "Master Deed or Community Status" or affects "Common Services" as Holhome states earlier.
Most AGM's are conducted on the 2nd call as the 1st call requires 51% of the total purchasers to proceed and as this is very rarely achieved it nearly always goes ahead on the 2nd call which is scheduled 30 mins after the 1st call.
I do believe it is crucial to get the imput from Ammex regarding clarification of the correct procedures and get them involved in the meeting on 10th April. The main thing we all need is a President that we can vote in. It is also crucial to get all the important items on the agenda in time to allow Ammex to post out to every purchaser the agenda for the AGM, which will be 2 weeks prior to the AGM. This will of course be sent with a proxy form which should be utilised for maximum benefit if you cant attend.
Ian
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Agenda:
Regarding using the pools at any time and the use of life guards.
If we can use the pools at our own risk without life guards being present (as someone posted previously) then why pay for them outside the peak periods. I'm sure as owners we can assume our own responsibilities.
To be honest if i want to use them assuming the filters are on and they are clean, i will use them regardless!
What do others think?
Ian
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Use of the pool:
I agree with Ian. If there is no legal requirement to have pool attendants outside of the peak holiday period it would be a waste to pay for them. However, we would need to ensure that the Community's insurance covers any risk of claims from third parties that may use the pool(s). We should be able to check this with Ammex.
Simon This message was last edited by slonghurst on 3/30/2007.
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1.safety aspects where drops occur, their should be safety rails.
2.video porter and security, obviously without a gated/fenced community this is redundant
3.landscaping very poor, all areas lack attention, if this was addressed it could look very nice
4.poor block paved paths need gaps filling in and weeds removed
5.security hut / gate at entrance wold be a big plus
i am due to complete shortly but dont know when agm is so not sure if eligible to vote
noddy
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We are not at all pleased with the siteing of the waste bins which are situated right in front of our balcony. We are the only block that has the road to look out on to and there they are! Sometimes the papers, boxes are strewn about the road and if it's windy it's disgraceful. In the summer it will stink and surely the 'health and safety' aspect has to be a big question here.We have to put up with the noise of an early collection when they sort the rubbish out and take certain items first. We feel that these could be moved to the end of each block by the letter boxes and they should be enclosed.
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Guys, sorry to butt in on what looks like a sterling effort to co-ordinate your developing community. We have purchased on the neighbouring development CDSS (2 bed apartment with underground parking, and yes I have read all the horror stories and am now expecting a rough ride) and wondered if anyone can confirm the IVA rate for the CDS properties, we were advised 7% at the beginning but I am guessing there is a chance this could have been a steer towards a sale?
Anyway, if you can help I would appreciate being forewarned. In the mean time I will keep reading with interest and wish you all the best of luck!
Damon.
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Damon,
The 7% IVA rate applied to our purchases. However, as CDSS apartments are being sold on a different basis (I understand that they are a managed aparthotel) it may be that the higher rate applies. I suggest that you get some professional advice.
Best of luck
Simon
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