WANTED LAWYER WHO TAKES NO NONSENSE AND FIGHTS FOR CLIENTS

All homeowners on Phase 2 might need to read this.

It would appear that Phase 2 have sacked the current administrator Romana and our elected president Pilar has resigned. From reading the Horizontal law 9Community Laws in Spain) this appears to be illegal. If you are familiar with the Spanish Horizontal Law then fine. If not I suggest you read a copy on the eyeonspain.com web site.

Extract taken from the Horizontal Law;

The President

He/ she is elected amongst all the owners, by election or, if there were no candidates, by turn.

The designation is binding. If the designated owner does not want to become the President, he needs to ask the Judge to release him from that responsibility, giving to the Court enough arguments for the exemption.

The Judge will designate, by a simple procedure, the owner who must replace him/ her until new election.

Solicitors are now involved. There is a possibility our current administrator Romana is threatening legal action against Phase 2. How many on Phase 2 are aware of the current situation. Has anyone voted on the changes.

We have a new president, how many knew about this or voted. I think we should all be concerned about legal action against us as a community. I don’t want to pay any legal bills, do you? The horizontal law puts phase 2 in a very tricky situation. You may have received an e-mail about electing a new administrator on Sat 23^rd Feb. However, we can’t run with 2 administrators or pay for two.

This proposed meeting I believe cannot go ahead. We have seen no quotes for this administrator and surely we need to see at least 3 to compare and vote. It is unfair to ask us to vote when we have only one unknown administrator.

Phase 1 and 3 are working together but both are adamant they do not want to be involved with Phase 2.

I think all phase 2 homeowners whether living in Spain or not become more pro-active and not leave all the decisions to the committee.

Since becoming a community I have seen very little of agendas, minutes quotes and more importantly financial statements. I again suggest you read the Horizontal Law and put your views forward.

Surely we must wait until June before any of the above can be done.

It’s up to you!!!!

 

Dear Pseudo,      I hope that you have put your concerns to the committee personally and not just posted on this site.     As far as I know, none of us are legally trained and have had to put our trust in the Administrator, which from what I can understand has been mis-placed.    Unless the Administrator is doing what she has been employed to do, surely she cannot expect to continue to be employed.     I think the committee on phase 2 have done a stirling job and should be applauded.  Not many of the owners in phase 2 would be prepared to take the responsibility or give up their time to attend to the matters arising from running the community.     Obviously we all need and presumably want to know what is happening in Hurchillo and as you say we all need to pull together and try to help the committee continue with the good job they have done to date.      I assume that you are from phase 2, as I am.

Regards

Carol and Mick Faith No. 17 Phase 2

Good evening all.

I belive there is always two sides to every story, has any body bothered to ask for the other side of this story? I have asked and my opinion is this whole sorry mess is a mistake with personal feelings and lack of communication at the fore front.  From what I have read on the 'Horizontal Law' a president can not step down from their position unless it has been agreed by a judge and has been supported with an acceptable explanation.  Has this prosedure been followed?  If the above procedure has been followed who did the judge elect to become the new president until the remaining term has ended?  As for 'sacking'  Romona, are you all aware that she must still be paid until the end of her term?  there for not only will Romona be recieving payment for doing the administration but this other person will also be recieving payment for doing the same job, which may I add will cause problems when and if phase 1,2 and 3 ever become one community.  Is there any logic to phase 1 & 3 having one administrator and phase 2 having a seperate administrator?  Am I the only person who doesnt see any sense in this?

I hope each and every person who owns a property on phase 2 contacts the president and finds out the reason why Romona is no longer required as the administrator and then follows on with a form of direct contact with Romona to find out her side of the story.  Hopefully everyone will then have the chance to make up their own minds and hopefully avoid any form of legal action being taken.

Thankyou for taking the time to read this.

Hi All

We have just returned from Hurchillo and this is what i know about the ongoing rumblings over the officials of the phase 2 community.

• We have recieved several e-mails from William (No 5) explaining the situation and asking us to register a proxy vote.
• A letter has been delivered by the commity in our new post boxes explaining about the situation and this included a letter from the administrator explaining her position about various payments that have not been made for insurance and pool maintainence. 
• A second letter was handed out by William whilst we were in Spain giving details of a further meeting in February to appoint a new administrator and president again asking for us to nominate a member of the commity to act as a proxy vote.
• I showed all this correspondance to our spanish lawyer who laughed and said 'welcome to Spain!' this is very common in most communities.

We await the outcome!

Geoff & Hilary

No: 27 phase 2

 

Dear All in Phase 2

Many thanks to Geoff and Hillary for explaining the situation as far as they know it.   It is a pity that Grizza and Pseudo cannot be open about who they actually are.  Contrary to Grizza I believe that although there are two sides to every question, surely there is only one aim - to get the whole of the three phases of Residencial Olivia running on an even keel.     It seems to me that communication is the key issue in this present question.  Perhaps instead of using our new mail boxes, ( to which incidently we do not have a key yet),  it would be a good idea for mail to be sent to the home addresses of those of us not resident in Hurchillo.     Just throwing the letters over the wall, as happened last year, or indeed putting them in a postbox to which a lot of people do not have access, is not acceptable.     Whilst I have every faith in our present committee, I agree that unless we all hear all sides of the discussion we are not able to decide what we want to happen with regard to the administrator or anything else.     I have phoned the person who has our proxy vote to ask them to get the committee to look at this web forum so that they are aware of the feelings of at least a few of the people they represent.  Lets hope we can get this all sorted out before too much bad feeling is bred.

Regards to all

Carol Faith  No.17 Phase 2.

I have just returned from Hurchillo on Sunday evening. I have read the posts and also i must stress i have briefly looked at the Horizontal Law from this site. Personally i think we have acted incorrectly by stating Pilar has resigned and Romana has been sacked. Im not sure this cannot happen without going in front of a judge as mentioned by Grizza, but do not shout me down as im no legal eagle. Secondly i spoke with friends on Phase 1&2 and they do not wish to become one community due to the problems with phase 2. Having spoken with them i can understand.

Can i ask a few questions,

• Has anybody seen any evidence of why we have tried to sack Romana, her term runs until June 2008,
• Why have we not had copies of 3 quotes for a new administrator if the committee are sticking by there decisions, we must be able to compare and vote for who we feel is best value for money, the majority vote wins
• I feel im not been kept upto date, agendas are not issued in time, minutes from meetings are not issued in time, if at all, (i beleive there was a meeting in January, has anybody received the minutes from this before being asked to vote on 23rd Feb meeting
• Even if we receive the minutes today that is not enough time prior to the meeting being called on Sat 23rd Feb
• I think Phase 2 needs to have a good look at what we are proposing, do we want to be involved in a legal battle, pay 2 admins, solicitor costs etc
• Do we not need to vote on a new president if and when our current president resigns?

Im a concerned remote homeowner who is entitled to receive the same information as those lucky enough to live out there, can we not just re-group follow the guidelines and attempt to get phase 1&2 onboard, they are really angry with us currently and there is a big split between phases, this cannot be good for anybody.

Sorry to prattle on but im upset and very angry over how i was treated as a phase 2 homeowner last week.

Hi

Personally i feel that i have been kept reasonably up to-date over the situation through e-mails from William Holtham (Vice President) and did recieve what I suppose does constitute a brief set of minutes of the meeting held on 31 January where the vote went: 18 for sacking the administrator and 2 abstentions.  This is way short of the number of residents in phase 2 so i can only assume that either people did not register a proxy vote or were not kept informed due to William not having their e-mail address. It is very difficult for those of us not living out there permanently to fully understand the situation so in a way we have had to accept what the members of the commitee recomend.  I do have the e-mail addresses of the majority of the members of the commitee but am unwilling to post them on this site.  However I will give out William's if anyone who does not have it already, if you send me a private e-mail.  William has also posted the agenda for the meeting in Feb and has sent it by e-mail requesting people to nominate a proxy vote, this was waiting in my in box when we returned from Spain on Sunday.

Geoff & Hilary

 

This message was last edited by Psuedo on 2/19/2008.

One of the many problems that the committee  had with the administrator was her failure to keep non-residents informed on different matters. It is hardly fair that we residents know all while non-residents are kept in the dark purely because she is not doing her job properly. There was also a lot of tension between her and the president . The thing that concerned me was the lack of insurance for the garages as it is not unheard of for cars to go on fire. I have every trust in the committee, i think they are doing a great job, one that i would not personally do due to all the hassel involved. I was at the last meeting and was very happy to vote for the sacking of the adminstrator as I felt that i had heard enough to justify it (but that is just my opinion). If someone is not doing a job properly, get rid of them.

hello.

what is the differences between phases 1 ; 3 and 2 as we are all paying our fees towards the same bills ie pool ; public lighting; house insurance ;rubbish collection.

if the cost of 4 administrators for phases 1;2;3 and garage = the cost of one looking after all four then ok have 4. but if you can get one good one at a lesser cost why not ?.

assuming 2 people per house then we have 360 opinions all intitled to be listened to and majority  carries any vote.we must respect the feelings and opinions ot those people living there 24/7 but as we all pay equal shares then our ( non- permanent) vote still carries the same weight..

we need to help the people who give their time to run the communities to make them run as smoothly as possible ie cut down on red tape and needless administration so their time is kept to a minimum on the community issues.

respect and civility for one another will go a long way.

 

Hi

There is know difference in the three phases in regards to paying fees in respect to freedom of information the door seems to be closed when reguesting information from vice/president, on 1&3 from what has been shown so far, any information that is required from the representitives has been freeley passed over, any time there has been a meeting the residents have been informed of the issues.  Has this been the case on our phase (2)?

I do not see what the big urgency or problem is in regards to terminating our present administrator, in waiting four months for our present administrators term to be completed this insures all legal aspect has been covered, then at the end of the four months if put to a vote and the majority are still against the administarator then that is what is carried and vice versa.

Respect and willingness to listen really does go a long way.

Have just been reading ( for the very first time ) the comments that are flying around about this situation.

May we make the following points:-

1). This is potentially a very serious situation. If we are not careful, It could end up with every community member being saddled with a large fiscal responsibility.   

2). It does seem to be a pity that some individuals are content to be making comments, without identifing themselves. Do they really live on, or own, phase 2 ?  If they want their suggestions and feelings to be taken seriously they should please make themselves known. This subject should  not be treated as an everyday, general ,sort of "chat".

We need to help, support and encourage our committee. When something is not going well, try to discuss it rationally and with discretion. Let us hope that Saturday's meeting is well supported. That tolerance and respect is displayed on all sides . That the correct decisions are taken and that those decisions are kept within the phase 2 community until all members are informed of them.

Best regards to all,

                                   David & Irene Pollard  No. 74

This message was last edited by DavenIrene on 2/21/2008.

Hi from rosemary 37/2

I agree this is not how we should discuss our problems but what other options have we.All I am asking for is for clear imformation regarding the issues from the president and commetee so ALL owners can make up their own minds.

Last week 6 people contacted  me,some came to the door as they had just arrived from uk and had  not received anything  ( e-mail 's) etc and asking if we had . I had not but I had asked  the vice president  for the copies of  2 meetings that I had not been here for,I checked the e-mail addresses all 6 including mine where wrong.I told them to contact the vice president.to put things right.

As you asked re attending meetings did you attend the meeting on the 26th I was away  have you seen the min's and did you attend the meeting on the 31st I did. not one of the committee did ( why not.?)

I notice there has been no comment made about the solicitor and staff alone with president / vice turning up at my door unanouned or our vice president forbing me to pass on the information about the horizontal law to phase 1 &3 (which an independent lawyer had had confirmed was a legal copy)  .To day I noticed a memo on the post boxes stating there is a meeting for garage owner to elect an administrator etc ( funny enough from the same company that came to my door ) quoting section 16 from the horizontal property law that they told me was wrong , do you condone this sort of behavour?.It's amasing how this has been overlooked.Would you accept this behavour in your home?

I to am looking forward to Satutday's meeting .We (I have some proxi votes) want to see at least 3 quotes attached with their refferances and registration documents as administrators.So we can them check ourselves because last time we did not and look what mess that has caused us.

Goodnight

Rosemary

 

 

This is getting BLOODY RIDICULOS now (Excuse my french) I just want to come there and enjoy my time in Hurchillo, why doesnt all the bickering stop and it all get sort it out, (are we not adults) we are supposed to be a community (does that not mean living together)

All it looks like to me is a break down on communication, basically as long as we get information and minutes via whatever means email etc I will be happy to leave things as they are.

If through any spanish law we end up paying for 2 admimistrators, those who voted for the change should pay for them. why dont we just talk and let the current administrator carry on until the end of the term we employed them for, and then discuss what we should do then.

Vince (No 39 Phase 2)

 

I couldn't agree more. I will not pay for 2 admins when we have one in place until June 08. I will not pay any legal costs should the current situation remain. Wait til June and put it down to lessons learned. Can i also point out if the committee were aware of the problems with our administrator then WHY were we not told immediately and kept upto speed with what was going on.

I may be wrong and apologies if i'am but does someone from the committee not need to instruct the administarator and countersign the paperwork?

How was this allowed to get out of hand. Is it any wonder the Brits get a bad name.

Hi all Rosemary 37/p2

Sorry eveyone Not used to this sight but I just looked through the letters before mine, who said the garages were not insured ? They are when I went to the meeting on the 31st my own spanish interpreter  checked the insurance policy and the garages were included.Theses policies were at the meeting that was called for all president and vice presidents before christmas.

I agree we should have had these well before then and had them translated ourselfs after all we live in Spain so we must expect them in spanish,and yes the delay was the administrator's fault but also ours for not attending the meeting.?

Rosemary

How awful to log onto this site to see a heading like PROBLEMS IN PHASE 2 whats going on, most of us have bought our properties to enjoy an idilic life either as a resident or holiday breaks.  I have just come home after a week in spain and for the first time I was glad to leave.

I don't want to join in with the arguements in fear of feeding the rift however how on earth have we found ourselves arguing about the administrator's, calling people fit to burn when we all want the same goal pay our yearly community fees and enjoy our time in spain.

Angela Holt

Number 38 (Phase2 cringe)