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We have just received an E-Mail notification from Ammex that the PM2 member area on the Ammex Website has been updated. On checking this I can see that the Agenda for the meeting has been posted together with the accounts information for 2006/07 and a 'Proxy' form to us complete should we be unable to attend.

Unfortunately we will not be able to get over on 15th June but do not want to miss on the opportunity to cast our vote to improve conditions on the site for all owners.

Could anyone advise as to who will accept the 'proxy' form and vote on our behalf and let us know if any candidates have come forward for President. We are both accountants who would be more than happy to assist and provide support to anyone brave enough to take on the Presidency. 

Thanks

Keith

Many owners might not be able to get to the AGM (self included), but if enough owners were interested might it be worth getting together before the meeting to agree issues that should be raised at the AGM. Location would be a compromise as I think that there could be a 50/50 split between UK and Irish owners. Even two meetings, one for each, with an exchange of thoughts afterwards on this site.

Forgive my ignorance, but are community funds, held by the administrator, ring-fenced by law, e.g. if Ammex ceased trading would our funds be safeguarded ?   This seems to me to be a big issue when considering any administrator. So much money is at stake for a community as large as CDS, I feel that a regular (3 or 6-monthly) simple audit of bank account to funds would be necessary - or is this not an issue ?  Can anyone put my mind at rest ?

Keith

 

I believe that legally you can give your proxy form to anyone, whether or not they are an owner. Also you can give a specific proxy ie tell that person how to vote on each agenda item or you can give a general proxy to vote on your behalf however they think fit. I think the standard would be that if you don't specify a person, then Ammex will vote on your behalf. Personally I would give a proxy to someone you trust to vote how you would want to vote - ideally another owner with similar views. If everyone not attending gives their proxy to Ammex, Ammex will run the show how they want to. My advise is find another owner who is attending, and give them the Proxy. Perhaps owners who know they are attending the AGM and would be happy to represent other owners could make themselves known here?

Can anyone confirm time and location of PM2 meeting on the 15th. This past couple of days I have not been able to gain access to the Ammex web site. I will be in Casares on the 15th along with another owner from PM2 and can attend AGM.

 

Club de Golf (Hotel La Duquesa) at 10.30 hours.
I plan to be there (if i can find it !)

Hi

I will be attending the meeting. I have not yet seen the agenda but once i do I will advise contributors to this thread of my voting intentions: should anyone wish me to reflect similatly for them I am happy to do so.

As mentioned on another thread I am flying out to to attend on 15th for PM2 so happy to accept proxy and voting indications.

Erica

Just a word of warning re the AGM as quoted in the EOS "Role of President" see link below.

www.eyeonspain.com/spain-magazine/president-community.aspx

"The approval of the expediture and budget together with the election (or re election) of the president and administrator plus agreement of the previous years minutes are mandatory agenda items"

"Proposals from owners are other agenda items, but to be voted on must be mentioned in the posted agenda. Discussion on Any Other Business, can be held and if the meeting agrees, the president will call a future AGM to vote on the issue"

So we have to make sure the items that we need to be actioned are mentioned in writing on the agenda which should be sent out 14 days prior the the AGM. The agenda sent out for PM2 at the moment does not mention the gardens, security, life guards, etc, etc.

It is absolutely vital owners e-mail Ammex and insist the major points of concern are on the agenda 14 days before the AGM otherwise the meeting will be pointless! I have e-mailed requesting that the items listed below are formally entered onto the agenda for the AGM for PM2 to enable us to vote on the day as per the AGM rules. (Gardens/Lanscaping, Security, Cleaning of Communal Areas, Completion of works Interlaken)

I suggest others do the same and add any other matters they consider important otherwise we wont get voted in what we want and the meeting will turn into a farce.

Ian

This message was last edited by Ianmack on 5/22/2007.

This message was last edited by Ianmack on 5/22/2007.

I have just emailed Ammex with these items for AGM. No response yet to my email of yesterday asking about sun beds for pool area near block 13. Thankyou for the advice Ian. Hope that PM1 owners realsised this as there is less than 14 days to go for their AGM. Do we need a pre meeting before the AGM. If others are there Thursday evening 14th i will be around. Erica

 

I posted contact details last time I was out in all apartments in PM1 but very few responded. I am not sure how many have actually completed, which is another reason why we must be as one at the AGM as Interlaken will have a representative who will not vote for any item in our favour. I also think that we must get an owner elected as president to ensure what is agreed at the AGM is actually carried out

 

Kevin H

I have nothing to delare apart from being 100 not out!

Posts that is, i've just noticed!

Ian

Ian, you clearly have too much time on your hands to get to 100 posts!

Back to AGMs - no need to panic too much if not enough completions in PM1 or not enough voting owners - EGM's can be called at any time by either the President or by 1/4 of the owners or by owners with 1/4 of the cuotas. ie we don't necessarily have to wait a whole 12 months for the next chance! (Taken from my handy "You and the Law in Spain" book!)

Received notices re PM2 AGM in post today.

I have a number of queries regarding aspects of the accounts (which appear competently summarised).

Generally - when did each block come on stream - it would be useful if we had a chronological list.

Specifically:

 - Porter salary costs: 30,501 what are the employer add-on costs? Assuming, say, 15% this means that the basic salary costs are 26,523 approx. Who / what etc is involved in this post(s)? Does this cover the full 12 months? Any insight welcome.

 - Owners Debtors Balances: a list is provided of amounts property references - how can each individual check whether it relates correctly to the period for which they have completeed on their property and whether they are able to attend and vote at the AGM?

Those were my two main queries for PM1 accounts, as well - what is a Porter and the community fees. In the UK, as you are no doubt aware, the developper would pay the service charges to the management company up until the date of completion, when the owner would become liable and then a certain amount, say 6m of service charges would be payable at completion. I queried this specific point with our solitor this morning as our apartment was showing a whole year of fees outstanding. The answer was that the owner is liable for the fees from the time that the legal community was set up. Seems wrong to me, but I have not had time to go back and question this answer.

Also don't forget that any owners who have not paid the community fees totally up to date is not eligible to vote at the AGM.

In relation to the last point about owners not being able to vote if they haven't paid their community fees up to date, it is very important that everyone checks that AMMEX have their systems updated as this was not the case when I was in their office on May 17th. What I mean is that on completion we paid an initial 840 euro community fees but this is still outstanding as far as Ammex are concerned because it is not recorded on their system. We are trying to get to the bottom of this.

Emma

Quote from the info letter from Ammex

"Interlaken is responsible for the communty fees from the beginning of the finantial year until the day the owner signs the title deeds of the property at the notarys office. From that day on the owner is responsible for the payment of community fees"

That is why everyone had to pay the 840 euro as a "payment on account"

The list of debters is mainly against Interlaken as this is the money they should have paid into the pot towards the running of the community prior to all owners completing who would then add to the fund. Ammex are chasing IL for this money according to their last message by e-mail.

Ian

 

This message was last edited by Ianmack on 5/24/2007.

Ian

FANTASTIC answer, thank you! So that means if IL have not paid our apartments community fees, they can't have our vote at the AGM then! If I can't have it due to non-completion, I don't want them to have it either. Also I know to fight my corner when our useless solicitor tries to tell me we have to pay it, which is effctively what she has done in a woolly and roundabout way!!

Emma

Just one more thing, Interlaken only have one vote if they turn up at the AGM as per the Horizontal Property Laws.

Regardless of how many properties someone owns they have only one vote.

With regard to the PM2 list of debters i noticed there was no debt shown on my apt so IL must have paid it up to me completing in Dec 2006. The debt Ammex are chasing amounts to 85,129.68 euro and as they put it:

"The majority of this balance are amounts that Interlaken 2003, SL owes to the Owners Community. These amounts were acrued before the signing of the title deed and the sale of the houses"  (i think they mean apts)

With regard to voting rights, i would take evidence of payment to the AGM just in case Ammex challenge your right to vote. If you can show a bank statement or proof of payment made at the Notarys office they cannot stop you voting. Most people by now would have paid the 840 euro at completion and probably the 1st quarter payment in April/May via the direct debit.

Ian

This message was last edited by Ianmack on 5/24/2007.

That's a huge amount of money IL needs to hand over to the community. In PM1 it's only 8k of outstanding debts but there is no note about it being IL. Do you know when the first completions were? The earliest one I know of was August.

Our completion was in June Block 8 / PM2 and we met a few people who had already purchased in blocks 1 & 2 who had completed in May 2006.

Thats over a year ago consequently why Ammex have been processing the first quater payments of community fees about five weeks ago. They were quick enough to deduct this payment with no explanations (300 Euros) from our bank account although they failed to communicate information about the AGM, access codes and proxy vote forms etc . Pure negligence as they obviously had our details.