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C.P. DUQUESA VILLAGE
C/Jacinto Benavente nº16, C.C. Las Flores, L-6
29600 Marbella Málaga
Telf.952826338/35 Fax.952826312
AVANCE DE INFORMACIÓN A PROPIETARIOS
SE HA CONCRETADO LA FECHA PARA LA CELEBRACIÓN DE LA PRÓXIMA JUNTA GENERAL ORDINARIA DE LA COMUNIDAD
PARA EL DIA 3 DE AGOSTO 2007.
EN BREVE ENVIAREMOS A TODOS LOS PROPIETARIOS LA CONVOCATORIA DE ESTA REUNIÓN ASÍ COMO TODA LA INFORMACIÓN RELEVANTE.
*********
IMPORTANT NOTICE FOR ALL OWNERS
A DATE HAS BEEN SET FOR THE ANNUAL GENERAL MEETING
WHICH WILL TAKE PLACE ON THE 3RD. AUGUST 2007
WE WILL SHORTLY BE SENDING OUT THE MEETING CALL TO ALL OWNERS AND THAT WILL CONTAIN ALL THE RELEVANT INFORMATION.
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Important advice from Maria de Castro part of the site re the language of the AGM to be held next month
The Supreme Court of Spain has affirmed that it is not stated in the Horizontal Property Act that the meetings of the Community of Owners have to be held in Spanish. The Supreme Court affirms that the holdings of these meetings are not official, public acts but private ones among individual, private parties.
The State must not intervene within the relationships among private parties ( legally private relationships)
Provision 13.1 of our COnstitution affirms that “ foreigners have in Spain the public liberties gathered in the COnstitution as they are stablished in the Treaties and Law”, and provision 27 of the Civil Code “ foreigners have in Spain, same civil rights as Spanish citizens, except what it is stated in Treaties and Laws”
The right to use a foreign language is unquestionable but, as with every right, it is necessary to set a procedure by which the existente of this right won´t cause non-defense to any other people.
Submitt to the community of owner for votation in a previous meeting, which is/are the language/s which is/are going to be used. Therefore, those owners who does not know the language can bring a translator. The votation will be the one required in article 17.3 of the Community of Owners.
The costs of the translator needs to be paid by the Community of owners.
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Maria L. de Castro
Lawyer
www.costaluzlawyers.es
This message was last edited by michael52 on 7/10/2007.
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I have received an email from AEA telling me that there will be an annual general meeting on 3rd August and that details will follow soon . Has anyone else had this notification.
Lynn
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Lynn
I have also had the same email as Michael indicates below. The girls in aea office think it will be held at Duquesa golf club but caNnot be sure!!
Is anybody attending the EL Hacho meeting on Saturday 14th?
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Regards
John
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I have just had an email through from AEA (2 copies of the same in fact) setting out the agenda and providing documentation for the AGM on the 3rd August. I have had a quick skim of the accounts and nothing much jumps out at me except maybe the developer contributions seems low and there are already 30,000 Euros of Debtors. It appears that in number of cases they have not spent up to budget which you would expect. More scrutiny required.
Steve This message was last edited by slacey99 on 7/16/2007.
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I suggest this is one item to be put on the agenda for the AGM
Have just received from AEA the accounts up to 31st December 2006.
They show that they have spent € 11,133 on lift maintenance.
Why is the community paying for this as surely there must be a period of manufacturers or developers guarantee covering this.
Suggest items for the AGM are added to this thread and a complete list of OUR agenda for the AGM is then emailed to AEA.
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Good idea Michael
1. Lift maintenance costs
2 debtors. What is being done to recover the monies owed. I think we should insist a very strong approach to this issue.no messing about. Follow the procedures and go to court if necessary. The court will handover the property and sell it so we recover the outstanding balances.
Not read them properly yet but those are burning issues with me.
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Regards
John
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I too reveived the email and am over on the 3rd so will attend the meeting. Even tho they have called me Mr Sudan instead of Sloan!
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Chris & Colette
Block 8
Cheadle Hulme & Duquesa
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Hi
We've also had 2 copies of the same email. We are over on the 3rd August and would like to attend the meeting, the only problem is that we will have our grandchildren with us aged 8 and 11. We've also had an email from Rosa at AEA to say that she is on holiday until the end of this month and does not have an answer yet regarding the lift problem in our block and has asked Melisa to keep us informed. I cannot understand why the problem cannot be resolved. The engineer seems to turn up and 'bang the lift about a bit', grease it, and then leave. It then smells strongly of burning grease and stops working again. They seem to be getting money for nothing and I agree that there should be a guarantee period so why are we paying the maintenance company?!!! Rosa has told me that there have been no problems with the Otis lifts which were fitted in Phase 1. Why then did they choose to go and fit Tysen lifts in our phase???? They are obviously inadequate. I've asked for a new lift but am not hopeful. I am really worried on a 'HEALTH AND SAFETY BASIS. It's difficult making yourself understood at the best of times, but what happens if you are stuck in one of these lifts in the middle of the night!!!!
There also seems to be a problem with the water being turned off in the middle of the night and then on again. What's this all about!!! There is also a problem with the lights in our garage as they do not always work.
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John,
Well said. 1. Lift Maintenance and 2. Debtors. I've a friend in Mallorca whose had experience of the debots issue. He was the development chairman for a number of years. Some of the his debtors were very problematic and yet affluent. The only solution in the end was to use enforcement measures. The longer we leave it the bigget the debts and the greater the risk of defaulters never paying.
I've not read the rest of the literature yet but if I can nominate you are my proxy, I'll do so.
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I agree that lifts and debtors should be high priority. We will be around until the 4th so can attend the AGM. Incidentally - we haven't received any e mail from aea - ever!
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Just an observation from a phase 3 owner who has not completed yet, why do the accounts only go up to 31st December 2006 (as per Michael's posting)? What about the remaining 7 months up to beginning of August? Surely those details should be provided also?
Anne
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I was sure that at the meeting in March we instructed AEA to prepare audited figures up to 31st March 2007
Now we are over half way through 2007 and still we have no audited figures, so we are unable to confirm that RyF have paid the € 44K that is shown on the December Balance Sheet or just how much of the € 33K that was due from residents has been collected.
Clearly AEA are useless and the sooner we have the majority and can appoint better management the better.
This message was last edited by michael52 on 7/17/2007.
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Ann and all,
"What about the remaining 7 months up to beginning of August? Surely those details should be provided also?"
As a 'retired' Accountant I would suggest that for more recent months such as June their books may be still 'open'.
However for the period January to May it would be reasonable to expect un-audited accounts.
For the period to Dec 2006, as John said, thefigures should now be audited and we ought to see an auditors report.
For the period June 2007 to December 2007 I would expect to see a cash flow projection (cash forecast) and the
expected balance sheet position for the end of December 2007.
This would be based on clearly stated assumptions such number of properties to be sold and the lowering of our charges
and anticipated costs based on their recent experience.
It would also be helpful to draft a budget for 2008 and show the discretionary items that we might vote on at the AGM.
regards,
Paul
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Are you hoping to get owners that can't attend the AGM to give you their proxy votes? If so, how can you organise this, as there may be many existing owners out there who might not know about this forum. Are you planning a leaflet drop or pinned notice to each block to forewarn of the need to pass on their proxy votes? Is there a development message board somewhere on site? Is there a special authorisation form that they have to complete? Will you have sufficient numbers to gain a majority to follow through your aims? Sorry for all the questions!
Anne
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The proxy form is on the AEA community web site.
It should be printed out, completed and faxed to AEA or scanned and emailed to them as soon as possible.
Is anyone who is going to be at the meeting willing to act as and receive our proxies.
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