washing powder

C.P. DUQUESA VILLAGE

 Marbella, 12.07.07

 Dear Owner,

Following instructions from the President and in compliance to the established within the new Law of Horizontal Property, it is our pleasure to invite you to attend the ORDINARY GENERAL MEETING that will be held at DUQUESA GOLF HOTEL, ,Manilva, on Friday 3RD. August 2007 at 10.00am first call, if insufficient quorum then meeting will start upon second call (10.30am) and with the following items on the

 A G E N D A

1º) General Report.

2º) Income & expenses year 2006. Approval.

3º) Approval of outstanding debtors (ART. 21 L.P. Horizontal 8/1999)

4º) EUC.

5º) Any other business of which written notice has been given in advance of the meeting.

PROXY

I __________________________________am unable to attend the meeting  on 3rd. August 2007, I hereby authorise

Mr./Mrs____________________________________as my representative and vote on my behalf.

 Apartment Nº______________________________

Name:---------------------------------------

Signature________________________________

Date:____________________________________

Dear All,

 I have posted below the call to AGM and the proxy form.

I note that AEA are stating that any other business is required in writing prior to the meeting and suggest that any matters you want discussed are submitted well in advance as I understand that Rosa is on holiday until the end of the month.

 

I note that item 4 on the Agenda is EUC, which relates to the macro community that was set up.

Any attempt to steam roller us into this by our President must be vigourously resisted and his attention must be drawn to the comments of the European Parliament which I repeat below :-

The  European Parliament  recently  adopted a resolution which severely condemns massive urbanisation projects in some areas of Spain which they say bear no relation to the real requirements of the towns and villages affected and pointed out that :-

‘the obligation to cede legitimately acquired private property without due process and proper compensation,’ together with arbitrary costs for what is described as ‘often unnecessary infrastructure development’ is a violation of fundamental rights under the European Convention. The resolution was passed with 327 votes in favour, 222 against and 35 abstentions

This message was last edited by michael52 on 7/18/2007.

Hi All

I will only be able to access the internet until Friday 20th as we will be flying to DV late afternoon.  I'm not sure how to put in writing that we need to address the 'LIFT' problem, especially in block 10, portal 35.  Surely the lift should be under some sort of warranty!!!  Also, there did not seem to be much cleaning going on when we were over at the end of June, the water goes off without warning occasionally and the garage lights do not always come on.  I cannot access the AEA web site as they do not seem able to give me a password that works.  Rosa was dealing with the password problem but she is now on holiday until the end of the month.
A lot of money seems to have been paid out for lift maintenance and cleaning!!!!

I have just had a long meeting with Melisa at AEA this morning to discuss many things. We touched on the AGM. Melisa advised that everybody will be contacted in writing about AGM. In the info is a proxy form which can be used. All questions can be sent to marbella@aea-administracion.com for answering at meeting. An updated debtor list will be provided as debtors cannot vote at AGM and they have all been written to by AEA. Her experience is that a lot will pay now they have bEen notified. Howqever at the meeting we the residents will vote on what action we take to recover the monies. In my opinion there should be a minimum of 10% added to the amount plus 100 euros to cover admin and bank charges to recover monies owed. Refusal to pay will require our president to start court proceedings. I also think that (he 10% starts immediately after failing to pay and after 2 quarters court proceedings start. We can vote on this at the meeting remebering that debtors cannot vote. I also asked about snagging of community areas and communial window boxes on stairs.AEA will undertake the snagging and I have suggested some of the community are involved. Again this can be agreeed and voted on at AGM. Widow boxes are down to developer but residents might want to have the option to choose which plants. Again can be discussed. Melissa thinks now there are more owners that RyF and in fact RyF are always ontime with payments. As regards budgets. I have a copy of 2007 budget. 62K is setaside for lift maintenance. They are all on contract. 144k is set aside for building cleaning. This is our biggest cost by far. (Gardens are next at 92k). I think this should be questionned and if necessary re tendered. The 300 we all paid at the beginning is set in areserve fund to be used as the community sees fit. I suggest we have a painting fund to keep up appearances as mrs Bouquet would say. At the AGM I will like to see evidence of payment of invoices as we don't want the community building up debt we cannot see. Melisa will be at the meeting. Her email address is melisa@aea-administracion.com and is very helpful.

Re the El Hacho macro community - Who decides what constitutes "unnecessary infrastructure"?

According to the minutes of the November meeting it read

"To come to this day means that the Manilva Town Hall can release the guarantees that the developers have lodged with the Town Hall to restore, and improve in the majority of cases, the damage they could have caused during their building work.  The release of these funds will go towards improving the infrastructure that is inadequate at this moment, e.g. resurfacing etc.  It equally means that the area now has an efficient instrument for turning the area into the paradise that the original developers and owners envisioned for it.  The Town Hall firmly believes that this purpose is reachable and it considers that we are today setting up the foundations for an enviable future through the collaboration of local government with El Hacho.  "

It will be interesting to hear if the developers' funds lodged with the town hall for remedial work have been released and to know how much monies were lodged and how much of this budget has been spent to date. Just what is this "paradise" that the original developers and owners envisioned? Has anyone seen any plans for this? Would it come under the auspice of "unnecessary infrastructure"? If new developments are now coming to completion in the area, why are the owners' contributions to the local taxes not deemed sufficient enough to meet this future requirement? Why is there a need for an additional tax? Where are all owners' tax contributions going? Owners need to know what proportion of their local taxes remain "local",  does anyone have any info on this?..... Is this an issue relevant to the AGM or not?

Re lifts - surely Ann is right to query the guarantees? Can any community monies spent to date on this problem be recouped from those responsible?

Re officially posting concerns relevant to the AGM, how do folk go about it? Is there someone who is attending the AGM that could act as focal point and follow this through for those owners struggling to gain access to the AEA website, so that their concerns can be lodged and don't get overlooked? Is this message board acting as an official start point for all owners to lodge their ongoing concerns that they wish to be addressed at the AGM?

Anne

Sorry John, our postings must have crossed so I didn't see your posting before I made mine!

Anne

No worries Anne. Haha. Still raining? Your point about EL Hacho is important and should be raised at AGM even though AEA as such do not manage this. Our preident though attends for us. There is meeting this Saturday 21st at golf club to plan next steps in opposing this charge. Its 10am if anybody can go. I also forgot to say the budget I have seen covers phase1 and 2 excpept blocks 5 6 and 11.

Could anybody post a picture of all the blocks on the development in relation to one another as I'm in ignorant bliss re phases 1 & 2, and maybe those in phases 1 & 2 are in ignorant bliss of phase 3 blocks! Does AEA have a mini plan that we could post on the construction photos site?

Anne

Hi All

I will email AEA regarding the points I would like raised.

1.  The Lift problem which I think is serious as the lift is so unreliable that I regard it as unsafe and I do think we should be covered by warranty and should not be paying maintenance for something which the engineers are obviously unable to repair!!!

2.  Why do the garage lights not always work?

3.  Why does the water go off suddenly without warning?  We have to keep a bucket of water standing by when we are in DV.

4.  There was no cleaning going on in our block when we were in DV at the end of June and we seem to be paying a lot for this!!!

5.  There is a large wet patch on our stairway.  This was there when we purchased our apartment in November 2006 and we were told the developers would be sorting this out.  It is still there and has got worse.  The area is constantly damp and there are bits of flaking paint all up the stairways.  This makes it easy to tell that no cleaning has been done!!!!

6.  It would be nice if the window boxes in the communal areas were planted.  We have planted up our front window box but were unable to run a watering system as it is outside the 2nd bedroom and some of our plants have died unfortunately.

The agenda for 3rd August asks for approval of the accounts to 31st December 2006

How can any accounts be approved by the meeting when they have not yet been audited ??

 

I think we appear on the debtors list, but when we completed AEA took details of our bank account so that a direct debit ensured that the money was taken out for community fees. I will have to look into this in August when I am there. Also I have not had a letter from AEA saying that our community fees have not been paid. Any body else in this situation?

One way to reduce the list is to let me pay my fees!!!. I have been trying since February to pay fees, On the strong advice of my lawyer which has been proved correct by comments on this site not to let the AEA have my bank details.  I have emailed AEA, several times,called into their office on the two occassions when we were over in Spain( Feb & Jun) requesting their bank details so | can deposit cash into their bank account, to date no response to emails, when we spoke to them we were told, we will let you know.  Does anybody have anyone have any suggestions, please let me know so I can pay my dues.

It could be some other people on the list are in the same predicament as me

regards

Derek

Derek and Lynn. I have just returned from Duquesa and managed to sort out some issues I had with AEA and that was because I was lucky enough to speak with Melisa. During our conversation she acknowledged there will be people who hadn't paid but wanted to. What I can suggest is to ekmail melisa at AEA on the address shown in a post below this. I am sure she can sort it out.

Hi,

This is my first post, to a very useful forum.  Many tips gained so far.

We have just completed this month on our apartment, block 8. and are collecting our keys next week, just in time for the AGM, which of course we havent been invited to.

I was intending to pop into the AGM, but can anyone tell us...

1. If we havent been invited, will we be allowed in.

2. How much of it will be in English.  Will we be able to understand it enough to make it worthwile attending.

 

Hi If you are an owner before 3rd august then you should be entitled to vote at the agm. As you cannot be a debtor as you will not have had time not to have paid then I think you should attend and take part. As there will be many english speakers there it will either be in English or translated. Welcome aboard. Any issues or help needed let us know.

Hi

We are over next week and will attend and we are also in Block 8.

Look forward to actually seeing some owners this time, as on our previous visits the place has been like a ghost town!

 

My wife has been on site since April last year with just a small break in England, we own apart. in pase one overlooking the central part of pool area. We have only just found out about this site and only found out about AGM last week even though Cheryth is on site and is in constant chat with Melisa about several problems that go back to last year. We find communication with AEA very slow as any messages are usually not past on. Unfortunately I am in USA now although in contact with my wife who will be atteding the meeting. We have been told we owe some money as well, although they have our bank details and withdraw as they see fit without any prior notice. We have bank statements to show that we have paid, we were also informed that some monies would be paid by the developer and also handed over 300euros at the meeting in the town hall last year but that seems to have gone adrift. If there are any points that she can raise , I am not sure if we are debtors though, we have always had the money taken from our account with no problem. My wife can be contacted on mobile 0034696682194. Because as of yet still no land line. She was the first person to move in last year before wate and elec was on.

Keith

 

You can e-mail me :- keith@ransh.freeserve.co.uk        I have no problems anyone getting in touch with me.

I am being a little suspicious  here,

If debtors are of AEA.s making,

They cannot vote, is it likely that this position has been manufactured to stop us voting. We have been calling for an AGM since January and to only get a few days notice is to my mind a little one sided. We only heard by way of mouth a few days ago.

The FIRST ITEM on the agenda should be to call the meeting off and to set a date with sufficient notice to ALL owners.

AEA need to get there act together, we did have an unofficial meeting with them in February (or close to then) which a report was supposed to be published.

Keith

This message was last edited by KHR on 8/1/2007.

Dear Keith,

I cannot agree your suggestion of a postponement of the meeting, as a lot of people have put a lot of hard work into agreeing points to be discussed at the meeting and have been nagging AEA since March for this meeting.

What I would suggest is that you arrange for your wife to propose that as AEA's debtors listing appears unreliable that all members present at the meeting in person or by proxy are entitled to vote until an accurate listing is produced by AEA.

Michael

How about putting the onus on AEA to prove that those present have not paid their dues and therefore not eligible to vote, i.e. they should be made to bring an up to date list of their accounting details identifying who has paid and when. How else can they manage the voting procedure? If  just one owner present at the meeting who has paid and is subsequently not found to be on their list  can prove through a bank statement that they have paid, then  surely the default should be that all votes count (whether in person or via proxy) until AEA can prove otherwise.

Anne