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17 Apr 2008 12:00 AM by max! Star rating

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Hi all,

I finally managed to get hold of an electronic version of all available communication of our administrator to the owners. The intention is that they will be published on the www.communitario.es website but this is at the moment not working the way it should be. It works perfectly fine if you access it from a Spanish PC but then you only see the Spanish texts. We hope to solve this in the near future.

Some or most of you will have seen part of this information in the past as the administrator tried to inform as much people as possible by regular mail, but I know not everyone received all of it.

For now I will try to post all the available information here. Please don't post here as it's meant as a source of information only. A handy reference if you want to see everything communicated in a glance. If you want to discuss things about it, just open a new topic for that purpose.

Be aware that the official versions are in Spanish; these are binding. The sometimes confusing attempts to translate them in English are just a courtesy. When in doubt please ask (in a separate topic).

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17 Apr 2008 9:55 PM by max! Star rating

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C.P. EDIFICIO DON JUAN	Minutes 28/09/2007
	Fuengirola, Málaga

MINUTES OF THE GENERAL MEETING OF PROPRIETORS OF THE COMMUNITY BUILDING DON JUAN PHASE 1, SITUATED IN PARCEL UR1 OF FUENGIROLA, CARVAJAL, MALAGA.

CELEBRATED ON THE 28 OF SEPTEMBER 2007 IN THE COMMON ZONES OF THE COMMUNITY AND IN SECOND SESSION AT 18:30 HOURS

ASSISTENCE (SEE SPANISH MINUTES ENCLOSED)

Once corroborated the assistence and representation, we pass to see the agenda

1, Reading of the previous minutes.

Reading of the previous minutes explaining that was celebrated under unique property of Arrohabitatge SA of form to prevent and with mere intention to begin to manage the community, the legalization of the same one, the high censal as well as the CIF, opening of banking account, contract of the electricy and water, public prosecutors and compilation of estimates.

2, Approval of 2007/2008 stimates

It is explained that due to the amplitude of the common zones, It is complicated to establish some expenses, reason why an estimate appears, that although obvious the electricity and the water (Difficult to anticipate) is made both contract not to run risks. The Administration notices that, by policy of the company and after the transparency, all the movements are due to do through the Bank

We decided unanimosly make another General Meeting at the end of 2007 to establish precise estimes but, and also, to give ordinary character him, excepting the election of positions, so that the accounts are approved in natural years (Of the 1st of January to the 31st of December), as well as the mentioned estimates for a greater countable transparency. Ask for some of the presents if the gardens and blocks of Phase two have to be pay for this community, to which it is responded to them that no. We propose to offer to the promoter that if they left the segurity service in all phases this community can mantenece the garden and avenues to them of Phase 2, in case that they refuse, will be authorized to the Board of directors to make a decision and that is this who decides the necessity or not to pospone the decision to contract security the next Meeting. Finally, Rafael Carrasco (Block 5, 2ºD) will be the person who will do the compilation of estimates of insurance policies delegates itself in the neighbor, by the urgency of the case, this could be approved by the Director. The following estimates are approved (SEE SPANISH MINUTES ENCLOSED)

3, Approval of the Norms of Internal Regime.

It is decided to pospone this point until the January meeting, in order that all the owners can think on the matter. Without reduction of which already it considers the Civil Code and the Law of Horizontal Property. The election of the awnings is delegated in the directive positions, being this exposed to the neighbors in planks of the community so that in a prudencial term the pertinent allegations take place.

We approve unanimously the following concepts, in order to avoid an aesthetic deterioration in the global one of the building:

a) The closings could not be of aluminum, being the only allowed element the crystal curtain (panoramic Closings) that lacks palillería, could not be tinted nor to have curtains or any element that prevents the visibility of the cash settlements of the walls. Also, the terraces could be separated of the adjacent ones by means of crystal curtain, although these if they could be opaque (acid Crystal) in safeguard of the privacy.

b) The owner of the semibasement houses that have a fence of the losses (a meter approximately) will be able to elevate them until the peak altitude of which they have the high fences

c) the use of the swimming pool will be governed according to the effective norms, although, by saving and salubrity, all the year will stay its water. The use of the swimming pool outside the time of opening (summer Period) will be of exclusive responsibility of the user

In addition to these precise concepts, the administration notices that the positioning of apparatuses of conditioned air, satellite dishes and other elements that can damage aesthetic or the security and comfort of the residents, will be susceptible to be denounced at the moment of the approval of the Norms, independently to the personal actions that they want or they can undertake the neighbors.

4, Opening of the page Web.

The Administration informs into that between its services and free is the programming, updates and maintenance of the Web of the Community (www.comunitario.es), in her will be published the news, acts, accounts and calls of the Community, and everything what it can be interesting for the neighbors. One notices that this Web it has a private use and prote'ge' with password, and that its use must be responsible. The user code is donjuan1 and the password itmmg2007. BE CLEAR THAT THIS SUPPORT DOES NOT EXONERATE To The ADMINISTRATION Of the MEETING OF The MINUTES And ACTS BY POST OFFICE.

5, Election of directive positions.

It is unanimously decided to name the following directive positions:

(See spanish minutes enclosed)

6, Several Subjects, requests and questions

ON THE ELECTRICIEDAD: The subject of the electricity is retaken, that due to a IPC defect it has not been possible to contract until this same week, some owners show the displeasure with the people in charge

ON THE LINES OF TELEPHONE: We inform that is possible that the telephone can even take a year in settling, although, the Administration informs into which companies exist that can install the wireless lines (Wireless) and that appeared the study detailed in the next Meeting

ON THE WORK ANOMALIES: One of the owner, makes special emphasis to the fact that there are parts of the work with defects several, for example, the exit of water of the terraces of corridors of the superior floor. The Administration offers itself to make, next to the directors, a study of anomalies, in order that they can be given to the promoter for his adjustment.

They also comment the fact that an access area exists (Crossing the route) and that can be of utility for its step, in this aspect, the Administration it informs into which it will successfully obtain the pertinent documentation for his later one

ON THE NECESSARY IMPROVEMENTS: One comments that it would be of vital importance of placing wastebaskets, ashtrays, planks of announcement and other improvements. The Administration remembers that the chosen company of maintenance, includes in its games the masonry works and installation.

And without other subjects to treat faith rises to the session To 22:15 hours, giving

The President Secretario-Administardor

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17 Apr 2008 10:05 PM by max! Star rating

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C.P. EDIFICIO DON JUAN	MINUTES 08/11/2007
	Fuengirola, Málaga

MINUTES OF THE GENERAL MEETING OF THE HOMEOWNERS ASSOCIATION IN EDIFICIO DON JUAN FASE 1, LOCATED IN PLOT UR1 IN FUENGIROLA, CARVAJAL, MÁLAGA.

HELD ON THE 8TH NOVEMBER IN THE COMPLEX COMMON AREAS AND ON SECOND CALL AT 18.30 UNDER THE CHAIRMANSHIP OF MR. HERNÁN LAMANDÍA, ASSISTED BY GICS SL AS SECRETARY ADMINISTRATOR.

THOSE PRESENT:

ß-- list of owners and their apartments deleted by Max for privacy reasons --à

Once the attendance and representation have been checked, and by Chair’s request, the Administration asks if the authorizations brought by those present are correct and if those who authorize have been informed about the Agenda, since some of the Arrohabitatge SA representations are not signed in the Chair’s Official Notification. In defense of those neighbours who are not present, it is made clear that an irregular authorization can carry legal responsibility by those who authorize.

1. Reading of the previous minutes.

Most of those present admit to have received the previous minutes. Some neighbours state that they have not arrived to their second home, mostly foreign neighbours. The Administration informs that they are still gathering together the addresses away from the complex, since the documents needed were not delivered to the Administration. The only thing delivered was a phone list which was also incomplete. Anyway, considering the question of one of the owners, they are informed that the minutes and circular letters will be sent through ordinary mail to the group addresses, to the foreing addresses, electronic mail and will also be published in the Association Website.

2. By request of the company ARROHABITATGE SA, with a coefficient above 25% of participation and under Article 16.1 LPH, Hiring security in Residencial Don Juan I and approval of pending payments.

A summary of costs for Security during September is handed over in a document which is NOT an invoice. Some owners agree to hire security but those organizing do not agree to go into more details in this point, making the decision about hiring security (of whose price Arrohabitatge S.A. promises to pay the coefficient of its properties) conditional to the payment of September hours. The proposal is rejected by the neighbours, with votes in favour from Arrohabitatge SA and its clientes and against from the rest. Some neighbours propose as a solution to install video surveillance in the complex. However, as this point is not included in budget item and involves an important outlay, budgets will be considered to be included in the next Agenda and approved in the next meeting.

Besides, some neighbours state that the most important thing is to hire the electricity because hiring security is a waste when there is no electricity in the areas to be guarded.

At this point, the Administration’s debtor status is reminded, and its representative mentions that some of the amounts have been charged and taken and therefore they owe nothing. They also claim that it is the Association who owes them indeed, so they are not debtors anymore. The Administration informs the representative that the mean of payment is the Bank of the Association and neither the statutes nor the Law offer the possibility that the property developer’s cash can be recognized as account of the Association administration. Therefore the Administration insists in their debtor status. Likewise, they make clear that the vote from Arrohabitatge is ONE, with a coefficient of 88 homes, but ONE ONLY VOTE. The property developer’s representative warns the Administration that it is wrongly informed and the reply is that this is all about Law and Law is for everyone.

The property developer’s representative mentions that the Administration is stealing and they reply that this must be proved and that they will take note of that in the minutes, since a lawsuit can be brought against them for such a serious accusation, for which they also have no evidence, being completely untrue. The owners are reminded that the Homeowners Association has ALL their accounts at banks and with joint signature, that the only money in cash is the one just mentioned by Arrohabitatge SA (being unknown for the Chair, the Administration and the neighbours) and that ALL the documents relating accounting are at the neighbours’ disposal.

The property developer’s representative mentions that the Administration is there because they chose it and they reply that this does not mean that is due to their wishes or interests, since this post was confirmed unanimously by all neighbours in the meeting in September. The property developer is also reminded that it works for the ASSOCIATION, although sometimes it entails to defend their rights demanding to the property developer the matters affecting them.

Mrs. Perla Benhamu takes part to mention the Administration’s representative’s attitude, describing it as aggressive and stating that this nervoussness is due to the fact that the property developer has required the appointment of a new administrator. He answers that she is right but in view of such serious accusations he is not going to hesitate to reply in a direct and clear way. Regarding the appointment of the Administration, it will be discussed in Point 5 of the Agenda, with the sovereign decision of the meeting.

3. Approval of payment of pending invoices related to common areas, ceiling roses in stairs and lawnmower.

An invoice sent by Arrohabitage SA to the Administration is shown requiring the payment of 5027,44€ for ceiling roses in the complex, claiming that it is an ornamental element and therefore the Association must pay for it. Some of those present, skeptical, ask if that requirement is a joke by the property developer, and its representative answers that it is not. The proposal is rejected by the neighbours, with votes in favour from Arrohabitatge SA and its clients and Mrs. Ana Rodríguez. Relating to the lawnmower, it is read the amount claimed by the property developer of 3.233,85€, but here Arrohabitatge SA withdraws the request to charge such amount knowing the results of the voting and gives up the payment of the invoice.

4.-Approval of payment of pending invoices related to gardens and cleaning.

At this point the property developer claims the payment of pending invoices related to gardening and cleaning.

Mr. Carrascosa takes part asking who hired those services. Since it was not the Association, they do not have to pay for them, not having been approved in any Meeting.

The proposal of payment is rejected by the neighbours, with votes in favour from Arrohabitatge SA and its clients and Mrs. Ana Rodríguez and against fron the rest.

4. Appointment of the new Administrator.

The Administration informs that in the fax received with the Meeting’s request and based on Art. 16 of the LPH, it is required, in point number 5. the APPOINTMENT OF NEW ADMINISTRATOR, but first it is compulsory the REMOVAL of the post, not the appointment. However, and acting in good faith, the Administration agrees to be replaced, and asks to the property developer’s representatives to explain the reason for that request to the rest of neighbours, since at first sight, some owners think that it is due to their interest to appoint an Administration closer to its wishes and interests. The property developer’s representative explains that the fees are expensive and do not follow the lines of the Administrators Association. He claims to have in his hands a SEALED budget by the Administrators Association and with a value which is lower to the present one. Once the budget has been checked, it is observed that it does NOT have the above mentioned seal, which, on the other hand, is normal, since the Ilustre Colegio Territorial de Administradores de Fincas de Málaga does not seal budgets of its members. They are also informed that the prices from the Association are estimated and not compulsory at all but despite that this Administration has observed them firmly.

Norms ICAF Málaga Article 1.- The enclosed Table of professional Honoraries will always have to be understood, in order to be applied, as merely estimated..

The proposal is rejected by the neighbours, with votes in favour from Arrohabitatge SA and its clients and Mrs. Ana Rodríguez and against from the rest.

However, it is included in this book a comparison between the prices from the present Administration and the budget on offer, and what the I.C.A.F. of Málaga really says regarding the honoraries.

ITEMS	ART. ICAF	ESTIMATED AMOUNT ICAF	QUANTITY	TOTAL

FLATS	art. 11	5,19	208	1.079,52 €
PARKINGS	art. 11	1,29	222	286,38 €
JUNK ROOMS	art. 11	1,29	94	121,26 €
TAXES	art. 23			11,30 €
ASSOCIATION’S PROJECT		15% of base	1	224,77 €

		NET TOTAL		1.723,23 €
	VAT 16%			275,72 €
	TOTAL BUDGET			1.998,95 €
	15 % DISCOUNT NEW PROMOTIÓN			-258,48 €
		TOTAL BUDGET		1.740,46 €

From the table it can be concluded that the prices are the estimated ones from the Association. The Website is free of charge, since that 15% is later deducted, even counting the rest of items, so the saving is even highest. The budget from Serviges Administrators, of 1040, does not include the VAT or junk rooms and, of course, is under the estimated honoraries, maybe because it does not include the Website and the rest of items. Apart from that, this Administration includes FOR FREE, although it could be charged: the extraordinary Meetings (according to ICAM 150€ per extraordinary meeting), the certificates, the translations and the visits. They attend the Meeting, like today, with an expert accountant, a lawyer and a translator and they offer the neighbours, in the meetings where they so require it, an urban lawyer for a better advice of the neighbours and the own Administration.

More info: /www.cafmalaga.com

5. Study of the construction incidents report.

The Administration informs that the preliminary construction anomalies and defects report is already finished. Then the Chair takes part and, after begging the property developer’s representative to watch their manners and not to point the finger at him, explains that there is a huge number of work and repairs to do yet and that every day they become more or he is informed by neighbours about lots of anomalies, both private and common. And to that we must add the electricity, the water, the street with no asphalt (it seems it will be called Boulevard), the containers and a great many anomalies and unfinished things. The report will be published in the Association Website.

More info: www.comunitario.es

A neighbour states that he is sick of being messed around, that his home was given to him with a delay and, what is more, it was not well-finished. Besides, an important number of neighbours claims that regarding the street without asphalt, at the end, we will have no other choice than to sit on the track and stop the train until it is repaired. The property developer’s representative takes part and states that they are not responsible for the delay, but this is a matter of licenses and paperwork. Mr. Carrasco replies that they are responsible for that paperwork and therefore also for the delay.

The representative claims that the neighbours are the ones who cause the defects on the common areas and mentions as well Mr. Max (<----original name in minutes changed by max for privacy reasons--->), who is accused of “having the keys for some flats whose owners live abroad, who has entered their homes, destroyed them and taken pictures of it, being paid 300€ by these owners for doing that”.

Mr. Max replies that this is untrue and his lawyer is taking charge of that. Some of those present confirm that their flats have loose or broken pieces and all kinds of cracks and that Mr. Max does not have the keys for them, referring clearly to the property developer’s responsibility about that.

The lawyer Mr. Rafael Moreno, who is an urban lawyer, takes part in the meeting. He has attended it kindly and with no cost in order to advise neighbours of their doubts about work anomalies and other matters. He states that the best option is to send for certain a copy of the preliminary study so that an execution schedule is agreed through friendly channels, and so gradually until everything is solved. In case the reply is not appropriate, we should procceed to an assesment through an expert report carried out by an architect and later bring a legal claim before the corresponding jurisdictions. Regarding private problems, it is beyond the Association’s jurisdiction to make the claims, although neighbours can unite in a common cause through the concept of the litisconsorcio activo, and this would involve more strenght and saving for everyone. This concept can even be used to claim the delay in giving the homes or the problems with electricity or water, although the Homeowners Association cannot take part as such, if it is approved to use their means to protect the owners who are having problems.

6. Any Other Bussiness.

By some foreign owners’ request, and being this post only to inform and protect the Meeting, a post of member for another English-speaking resident is delegated and will be confirmed in the General Meeting in January. Then it will be considered as well the possibility of appointing a member per block, in defense of all owners and buildings in the complex.

And with no more points to discuss, the Meeting is adjourned, at 20:40 on the above date. Certifying:

The Secretary – Administrator	The Chair
GICS SL	D. Hernán Lamandía

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17 Apr 2008 10:16 PM by max! Star rating

in Fuengirola. 944 forum posts Send private message

C.P. RES. DON JUAN FASE I

Fuengirola

MINUTES OF THE EXTRAORDINARY GENERAL MEETING OF THE HOMEOWNERS ASSOCIATION IN DON JUAN 1, HELD ON THE 26^TH JANUARY 2008 IN FUENGIROLA PARK HOTEL ON SECOND CALL UNDER THE CHAIRMANSHIP OF MR. HERNÁN LAMANDIA AND ACTING AS SECRETARY ADMINISTRATOR MS. IRMA VINYES GALLARDO REPRESENTING GRUPO INNOVACIÓN DE COMUNIDADES Y SOCIEDADES (GICS).

THOSE PRESENT AND REPRESENTED

ß-- list of owners and their apartments deleted by Max for privacy reasons --à

Once the attendance and representation have been checked, the meeting starts under the following AGENDA:

Reading of the previous minutes.

Reading begins and all those present admit that they have received the previous minutes. These are approved by majority, except for ARROHABITATGE SA and their clients. The Administration asks if they do not agree with the whole minutes or only with a specific point and Ms. Mari Carmen Arroyo replies that they will not give explanations for that.

General resume of 2007 financial year. Decisions to take if the book of the building has not been received and about the rest of failures.

The Board of Directors explains to those present that on the 26th November all the plans and documents regarding the Building were received.

As discussed in the previous meeting, on the 18^th November the Administration met the Architect of Fuengirola Town Council to get more information about the street which goes into the Complex and the problems with Adif. The letter sent by the Mayoress explaining the present situation is read. In that letter, she states literally:

“The road you are referring to is an urban charge imposed to the developing adjoining areas and is placed mostly above land, property of Adif (RENFE), which stretches across areas UR-2 and UR-3. The urban development for area UR-3 is definitely approved and for area UR-2 it has been approved a plan for redistribution, which is to be published. However, the plan to build that road must be dealt with Adif due to its situation near the tracks. I know that several meetings have taken place and technical documentation has been handed in but Adif has not wanted to make any statement on the matter until a solution is found regarding the urban development for area UR-2 and other points concerning the street and the new access under the track that will be placed in the area. Intense work is been carried out to solve all this matters and we hope that the construction will soon be effective”

Those present state that the Association should take steps since they, along with the adjoining Buildings, are the worst affected. That is because despite the supposed talks taking place, there is no sign of work done or to be done to the street into the complex. Mr. X (name deleted by Max for privacy reasons ), from block 6, claims that they should adopt forms of pressure to speed up the works on the road. He proposes, among other options, to use the press, to place banners on the area stating our malaise and even to demonstrate blocking the rail track. This motion is supported by all neighbours.

Dates for blocking the track are proposed, with prior notification to the relevant organizations. Some of those present defend the Holy Week as a date; however, another group of neighbours does not agree. A solution is found and it is agreed that the demonstrations will be carried out before that date and that Adif and the Town Council will be notified that if the works are not sped up, we’ll proceed to block the track during that holiday period. This motion is approved unanimously, delegating the Board of Directors to agree a calendar and carry out all the necessary steps to solve the problem.

On the other hand, the Administration explains that during the last talks with the property developer, it asked the Association to pay the last two invoices for building water supply.

Those present do not agree with that payment, despite the threats from ARROHABITATGE SA not to keep defraying the costs.

Those present state that those invoices include the total amount of consumed water, and part of that is being used to water the gardens in the Second Phase. The Administration explains that the license of First Occupation that the Association owns was given on condition that building water is supplied as long as the problem with the water supply system by Acosol is solved.

Ms. Nuria Arroyo, representing the developer, explains that her company gave a guarantee of 80.000€ to leave the Water company in charge of the problem and also states that they have already used all the options within their reach. However those present claim that the Developer is who sold them the houses and if they lack the possibility of hiring water, it is ARROHABITATGE SA who must press Acosol as much as possible. Besides, it is agreed unanimously, except for the votes from the developer and its representatives, that the invoices will not be paid.

The Board of Directors asks those present if there is no problem in changing the Agenda and bring forward point number 5, since the matters they are discussing are related to the approval or not of that point. No one raises any objection.

3. Study of the construction incidents report. Approval, if appropriate, of the lawsuit for incidents and defects in the construction. Approval of:

a) Hiring the expert report, approval of possible apportionments.

b) Appointing the lawyer. Approval of possible apportionments.

The Administration states that since the last meeting they have written a report about construction incidents and defects in the common areas merely informative and preliminary since that report has no legal validity. It has been based on the reports by the people in charge of the maintenance in the complex and also on the contributions by the neighbours themselves and the Board of Directors. Such report was given to the developer so that their experts would study it and in this meeting they would promise to solve it and set a calendar of work.

The Board of Directors states that due the rains during the last weeks some serious problems have arisen, mostly in the garage. This is not on a slope, as it should, and therefore the water leaks through the walls or the main stairs, accumulating in that area or in the lift shaft, blocking it.

Mr. Y (name deleted by Max for privacy reasons ), from block 6, says that the back street is starting to crack and another neighbour brings some pictures showing the fact.

Considering all the existing problems, Mr. Rafael Moreno, lawyer, takes part and explains that it would be advisable to hire an expert to write a report with legal validity. Once it has been written, a copy will be sent to the developer and in case there is no reply in a sensible period, a legal claim will be made.

Those present approve the measure, considering that the expert report is a priority, since in the future the lack of solution for the damages in the complex can affect to all the neighbours.

The Administration explains that all that implies a cost which is not included in the budget. That is why an extraordinary apportionment should be approved to cover such costs. They also state that the developer, which right now owns 34 houses in the complex, or any neighbour against this measure, has the right to vote against the legal claim and not to contribute to it.

It is also explained that the approximate cost between the expert report and the initial legal costs, for lawyer and attorneys, would rise to 11.000€ maximum. Those present approve unanimously the apportionment together with the legal claim and also to appoint Mr. Rafael Moreno Acaiña as lawyer of the Association, except for votes from ARROHABITATGE S.A and its clients. It is agreed that, although the expert report is already requested, the apportionment will be earned in a single payment on the 15^th March 2008. We enclose the fees for the EXTRAORDINARY APPORTIONMENT.

VIVIENDA			CUOTA	MENSUAL	GAR.

1	GARAJ/TRAST		1,188	130,68 €	4,51 €
1	SEMI -SOT	A	0,768	84,48 €
1	SEMI -SOT	B	0,508	55,88 €
1	SEMI -SOT	C	0,508	55,88 €
1	SEMI -SOT	D	0,768	84,48 €
1	BAJA	A	0,308	33,88 €
1	BAJA	B	0,198	21,78 €
1	BAJA	C	0,388	42,68 €
1	BAJA	D	0,388	42,68 €
1	BAJA	E	0,198	21,78 €
1	BAJA	F	0,308	33,88 €
1	PRIMERA	A	0,458	50,38 €
1	PRIMERA	B	0,358	39,38 €
1	PRIMERA	C	0,358	39,38 €
1	PRIMERA	D	0,458	50,38 €
1	SEGUNDA	A	0,408	44,88 €
1	SEGUNDA	B	0,358	39,38 €
1	SEGUNDA	C	0,358	39,38 €
1	SEGUNDA	D	0,408	44,88 €
1	TERCERA	A	0,408	44,88 €
1	TERCERA	B	0,358	39,38 €
1	TERCERA	C	0,358	39,38 €
1	TERCERA	D	0,408	44,88 €
1	ATICO	A	0,518	56,98 €
1	ATICO	B	0,538	59,18 €
1	GARAJ/TRAST		1,188	130,68 €	4,51 €
1	SEMI -SOT	A	0,768	84,48 €
2	SEMI -SOT	B	0,508	55,88 €
2	SEMI -SOT	C	0,508	55,88 €
2	SEMI -SOT	D	0,768	84,48 €
2	BAJA	A	0,308	33,88 €
2	BAJA	B	0,198	21,78 €
2	BAJA	C	0,388	42,68 €
2	BAJA	D	0,388	42,68 €
2	BAJA	E	0,198	21,78 €
2	BAJA	F	0,308	33,88 €
2	PRIMERA	A	0,458	50,38 €
2	PRIMERA	B	0,358	39,38 €
2	PRIMERA	C	0,358	39,38 €
2	PRIMERA	D	0,458	50,38 €
2	SEGUNDA	A	0,408	44,88 €
2	SEGUNDA	B	0,358	39,38 €
2	SEGUNDA	C	0,358	39,38 €
2	SEGUNDA	D	0,408	44,88 €
2	TERCERA	A	0,518	56,98 €
2	TERCERA	B	0,538	59,18 €
3	GARAJ/TRAST		1,188	130,68 €	4,51 €
3	SEMI -SOT	A	0,768	84,48 €
3	SEMI -SOT	B	0,508	55,88 €
3	SEMI -SOT	C	0,508	55,88 €
3	SEMI -SOT	D	0,768	84,48 €
3	BAJA	A	0,308	33,88 €
3	BAJA	B	0,198	21,78 €
3	BAJA	C	0,388	42,68 €
3	BAJA	D	0,388	42,68 €
3	BAJA	E	0,198	21,78 €
3	BAJA	F	0,308	33,88 €
3	PRIMERA	A	0,458	50,38 €
3	PRIMERA	B	0,358	39,38 €
3	PRIMERA	C	0,358	39,38 €
3	PRIMERA	D	0,458	50,38 €
3	SEGUNDA	A	0,408	44,88 €
3	SEGUNDA	B	0,358	39,38 €
3	SEGUNDA	C	0,358	39,38 €
3	SEGUNDA	D	0,408	44,88 €
3	TERCERA	A	0,518	56,98 €
3	TERCERA	B	0,538	59,18 €
4	GARAJ/TRAST		1,188	130,68 €	4,51 €
VIVIENDA			CUOTA	MENSUAL	GAR.

4	SEMI -SOT	A	0,768	84,48 €
4	SEMI -SOT	B	0,508	55,88 €
4	SEMI -SOT	C	0,508	55,88 €
4	SEMI -SOT	D	0,768	84,48 €
4	BAJA	A	0,308	33,88 €
4	BAJA	B	0,198	21,78 €
4	BAJA	C	0,388	42,68 €
4	BAJA	D	0,388	42,68 €
4	BAJA	E	0,198	21,78 €
4	BAJA	F	0,308	33,88 €
4	PRIMERA	A	0,458	50,38 €
4	PRIMERA	B	0,358	39,38 €
4	PRIMERA	C	0,358	39,38 €
4	PRIMERA	D	0,458	50,38 €
4	SEGUNDA	A	0,408	44,88 €
4	SEGUNDA	B	0,358	39,38 €
4	SEGUNDA	C	0,358	39,38 €
4	SEGUNDA	D	0,408	44,88 €
4	TERCERA	A	0,518	56,98 €
4	TERCERA	B	0,538	59,18 €
5	GARAJ/TRAST		1,188	130,68 €	4,51 €
5	SEMI -SOT	A	0,768	84,48 €
5	SEMI -SOT	B	0,508	55,88 €
5	SEMI -SOT	C	0,508	55,88 €
5	SEMI -SOT	D	0,768	84,48 €
5	BAJA	A	0,308	33,88 €
5	BAJA	B	0,198	21,78 €
5	BAJA	C	0,388	42,68 €
5	BAJA	D	0,388	42,68 €
5	BAJA	E	0,198	21,78 €
5	BAJA	F	0,308	33,88 €
5	PRIMERA	A	0,458	50,38 €
5	PRIMERA	B	0,358	39,38 €
5	PRIMERA	C	0,358	39,38 €
5	PRIMERA	D	0,458	50,38 €
5	SEGUNDA	A	0,408	44,88 €
5	SEGUNDA	B	0,358	39,38 €
5	SEGUNDA	C	0,358	39,38 €
5	SEGUNDA	D	0,408	44,88 €
5	TERCERA	A	0,518	56,98 €
5	TERCERA	B	0,538	59,18 €
6	GARAJ/TRAST		1,188	130,68 €	4,51 €
6	SEMI -SOT	A	0,768	84,48 €
6	SEMI -SOT	B	0,508	55,88 €
6	SEMI -SOT	C	0,508	55,88 €
6	SEMI -SOT	D	0,768	84,48 €
6	BAJA	A	0,308	33,88 €
6	BAJA	B	0,198	21,78 €
6	BAJA	C	0,388	42,68 €
6	BAJA	D	0,388	42,68 €
6	BAJA	E	0,198	21,78 €
6	BAJA	F	0,308	33,88 €
6	PRIMERA	A	0,458	50,38 €
6	PRIMERA	B	0,358	39,38 €
6	PRIMERA	C	0,358	39,38 €
6	PRIMERA	D	0,458	50,38 €
6	SEGUNDA	A	0,408	44,88 €
6	SEGUNDA	B	0,358	39,38 €
6	SEGUNDA	C	0,358	39,38 €
6	SEGUNDA	D	0,408	44,88 €
6	TERCERA	A	0,518	56,98 €
6	TERCERA	B	0,538	59,18 €
7	GARAJ/TRAST		1,188	130,68 €	4,51 €
7	SEMI -SOT	A	0,708	77,88 €
7	SEMI -SOT	B	0,448	49,28 €
7	SEMI -SOT	C	0,448	49,28 €
7	SEMI -SOT	D	0,708	77,88 €
7	BAJA	A	0,308	33,88 €
7	BAJA	B	0,198	21,78 €
7	BAJA	C	0,388	42,68 €
7	BAJA	D	0,388	42,68 €
7	BAJA	E	0,198	21,78 €
7	BAJA	F	0,308	33,88 €
7	PRIMERA	A	0,458	50,38 €
7	PRIMERA	B	0,358	39,38 €
7	PRIMERA	C	0,358	39,38 €
7	PRIMERA	D	0,458	50,38 €
7	SEGUNDA	A	0,408	44,88 €
7	SEGUNDA	B	0,348	38,28 €
7	SEGUNDA	C	0,358	39,38 €
7	SEGUNDA	D	0,408	44,88 €
7	TERCERA	A	0,518	56,98 €
7	TERCERA	B	0,538	59,18 €
8	GARAJ/TRAST		1,188	130,68 €	5,94 €
8	SEMI -SOT	A	0,768	84,48 €
8	SEMI -SOT	B	0,508	55,88 €
8	SEMI -SOT	C	0,508	55,88 €
8	SEMI -SOT	D	0,768	84,48 €
8	BAJA	A	0,308	33,88 €
8	BAJA	B	0,198	21,78 €
8	BAJA	C	0,388	42,68 €
8	BAJA	D	0,388	42,68 €
8	BAJA	E	0,198	21,78 €
8	BAJA	F	0,308	33,88 €
8	PRIMERA	A	0,458	50,38 €
8	PRIMERA	B	0,358	39,38 €
8	PRIMERA	C	0,358	39,38 €
8	PRIMERA	D	0,458	50,38 €
8	SEGUNDA	A	0,408	44,88 €
8	SEGUNDA	B	0,358	39,38 €
8	SEGUNDA	C	0,358	39,38 €
8	SEGUNDA	D	0,408	44,88 €
8	TERCERA	A	0,518	56,98 €
8	TERCERA	B	0,538	59,18 €
9	SOTANO		1,188	130,68 €	4,51 €
9	SEMI -SOT	A	0,768	84,48 €
9	SEMI -SOT	B	0,508	55,88 €
9	SEMI -SOT	C	0,508	55,88 €
9	SEMI -SOT	D	0,768	84,48 €
9	BAJA	A	0,308	33,88 €
9	BAJA	B	0,198	21,78 €
9	BAJA	C	0,388	42,68 €
9	BAJA	D	0,388	42,68 €
9	BAJA	E	0,198	21,78 €
9	BAJA	F	0,298	32,78 €
9	PRIMERA	A	0,458	50,38 €
9	PRIMERA	B	0,358	39,38 €
9	PRIMERA	C	0,358	39,38 €
9	PRIMERA	D	0,458	50,38 €
9	SEGUNDA	A	0,408	44,88 €
9	SEGUNDA	B	0,358	39,38 €
9	SEGUNDA	C	0,358	39,38 €
9	SEGUNDA	D	0,408	44,88 €
9	TERCERA	A	0,408	44,88 €
9	TERCERA	B	0,358	39,38 €
9	TERCERA	C	0,358	39,38 €
9	TERCERA	D	0,408	44,88 €
9	CUARTA	A	0,518	56,98 €
9	CUARTA	B	0,538	59,18 €
10	GARAJ/TRAST		1,228	135,08 €	3,97 €
10	SEMI -SOT	TR.1	0,001	0,11 €
10	SEMI -SOT	TR.2	0,001	0,11 €
10	SEMI -SOT	TR.3	0,001	0,11 €
10	SEMI -SOT	TR.4	0,001	0,11 €
10	SEMI -SOT	TR.5	0,001	0,11 €
10	SOTANO	TR.1	0,001	0,11 €
10	SOTANO	TR.2	0,001	0,11 €
10	SOTANO	TR.3	0,001	0,11 €
10	SOTANO	TR.4	0,001	0,11 €
10	SOTANO	TR.5	0,001	0,11 €
10	SOTANO	TR.6	0,001	0,11 €
10	SEMI -SOT	TR.7	0,001	0,11 €
10	SEMI -SOT	A	0,728	80,08 €
10	SEMI -SOT	B	0,468	51,48 €
10	SEMI -SOT	C	0,468	51,48 €
10	SEMI -SOT	D	0,728	80,08 €
10	BAJA	A	0,308	33,88 €
10	BAJA	B	0,198	21,78 €
10	BAJA	C	0,367	40,37 €
10	BAJA	D	0,367	40,37 €
10	BAJA	E	0,198	21,78 €
10	BAJA	F	0,308	33,88 €
10	PRIMERA	A	0,439	48,29 €
10	PRIMERA	B	0,358	39,38 €
10	PRIMERA	C	0,358	39,38 €
10	PRIMERA	D	0,439	48,29 €
10	SEGUNDA	A	0,395	43,45 €
10	SEGUNDA	B	0,358	39,38 €
10	SEGUNDA	C	0,358	39,38 €
10	SEGUNDA	D	0,395	43,45 €
10	TERCERA	A	0,482	53,02 €
10	TERCERA	B	0,504	55,44 €

Presentation of accounts during 2007.

A resume of expenses and income in financial year 2007 is stated; this information will be enclosed to the minute book.

Besides, it is reminded that ledgers are published in the Association Website and that all the important documents are in the Administration offices, at any owner’s disposal if they so request it. Among other items, the Administration underlines the high amount for items to pay bank commissions. It is approved to authorize the President to change the account to another bank company which improves conditions and commissions.

Approval of budget for 2008. Possibility of hiring security.

A long discussion about the necessity or not of hiring security starts. The Administration explains that there are several options available. One of them is to install video surveillance, which, due to the number of blocks and the distance between them, would be very expensive since all the cameras should be connected to an alarm head office or between them, hiring someone to supervise it.

Most of those present believe that hiring a person or security service, despite not preventing burglaries, at least would dissuade a high percentage. Besides, it would bring peace to the owners.

Several options are proposed: hiring the present security guard in the 2^nd phase, Mr. Z (name deleted by Max for privacy reasons ), or a security service. Some neighbours state that it would be a good idea to hire the present security guard since he already knows most of the owners and due to the time he has been working in the complex, he would bring peace to the neighbours. However, the possible risks are also discussed, since he does not have the compulsory insurance and in case of accident the Association would be responsible (because he would work exclusively for the Association, despite being registered in the Special Regime for Self-employed workers, therefore he would be considered as a worker hired by the Association). An alternative solution is proposed: to hire the service from a security company which meets all the legal and necessary requirements and that this company hires itself Mr. Z. This way all the problems of responsibility and compulsory insurance would be solved. Besides, when Mr. Z was off sick or on holidays, the company would be in charge of replacing him.

It is decided to postpone the present budget, until we can decide it in a new meeting, once the water supply and the other pending options have been hired.

This measure is approved by majority except for votes against from ß-- four names of owners deleted by Max for privacy reasons --à

The Administration exposes that it would be advisable to install a hut, for example a kind of cabin, that, apart for the security guard, would be for the visits that the Administration wants to pay weekly to the Association, to give better treatment to neighbours.

Satellite dishes. Decision about installation.

Several budgets are presented to install a common terminal for all the neighbours who want to watch foreign channels, avoiding the installation in each terrace or in common areas not available for that. Due to the wide range of prices, the Board of Directors is delegated to consider this point in detail and take the corresponding decisions.

Any Other Business

ABOUT AIR CONDITIONING AND OTHER INSTALLATIONS.- Several neighbours complain about the installation of air conditioning machines, as well as gutters and other similar elements, in not allowed areas. The Board of Directors proposes to carry out a study and send the corresponding letters requiring the owners of these elements or others not permitted to remove them and install them in the right areas for that. We remind to the neighbour is TOTALY FORBIDED TO HAND OUT THE CLOTHES IN THE CLOTHES LINE. The adminstration to compromise to warn this subject.

ABOUT THE FEES FOR THE PARKING PLACES.- The Administration explains that with the previous documents they were also given the correction of the Division Horizontal and that they can already find the coefficients for the parking places and junk rooms and therefore the corresponding fees. That is why this information will be enclosed to these minutes so that the delays and fees for the following months can be already earned. The result of the coefficients for PARKING PLACES AND JUNK ROOMS gives the following fees:

BLOCKS FROM 1 TO 8 6,54 EUROS PER MONTH

BLOCK 9 6,77 EUROS PER MONTH

BLOCK 10 5,58 EUROS PER MONTH

With no more points to discuss, the Meeting is adjourned, at 16.00. Certifying:

THE SECRETARY-ADMINISTRATOR THE PRESIDENT

See the enclosed tables below

ESTADO DE CUENTAS - GASTOS E INGRESOS

INGRESOS	INCOMES	2007
CUOTAS DE VECINOS	NEIGBHOURS FEE	124.150,75 €
	TOTAL	124.150,75 €
GASTOS ORDINARIOS	ORDINARY COUSTS
COPIAS DE LLAVES	KEYS COPIES	22,97 €
LIEMPIEZA HERVAS	CLANING (HERVAS)	7.099,20 €
JARDINERIA Y PISCINAS	GARDEN AND POOL	9.520,10 €
LIMPIEZA ANA VALDERRAMA	CLEANING (ANA VALDERRAMA)	435,00 €
MANTENIMIENTO DE ASCENSORES	LIFTS MAINTENANCES	2.320,00 €
MANTENIMIENTO INSTALACIONES	INSTALLATION MAINTENANCE	4.899,66 €
REPARACIONES	REPARATIONS	138,04 €
ADMINISTRACIÓN	ADMINISTRATION	6.961,84 €
SEGUROS	INSSURANCES	2.217,64 €
COMISIONES DE BANCO	BANK COMMISSIONS	135,19 €
ELECTRICIDAD	ELECTRICITY	2.861,21 €
SEGURIDAD	SECURITY	1.265,00 €
	TOTAL	37.875,85 €
MEJORAS	IMPROVEMENTS
CESTAS DE PUBLICIDAD	PUBLICITY BASKET	723,26 €
PAPELERAS Y CENICEROS	ASH TRAYS AND WASTEBASKETS	1.309,06 €
TABLONES DE ANUNCIOS	Principio del formulario SLATE OF ANNOUNCEMENTSFinal del formulario	1.210,00 €
PAPELERAS DE JARDIN	GARDEN WASTEBASKETS	2.709,00 €
	TOTAL	5.951,32 €

TOTALES	TOTALES
A. INGRESOS	INCOMES	124.150,75 €
B. GASTOS ORDINARIOS	ORDINARY COUSTS	37.875,85 €
C. MEJORAS	IMPROVEMENTS	5.951,32 €
	GANANCIAS A-B-C	80.323,58 €

BALANCE DE SITUACIÓN

PROVISIONES	PROVISIONS	2007
COSNTITUCION	CONSTITUTION	991,80 €
		991,80 €
FIANZAS	GUARANTEE
SEVILLANA ENDESA	SEVILLANA ENDESA	853,52 €
	TOTAL	853,52 €

DEUDAS	DEBTS
GICS SL	GICS SL	-1.740,46 €
COMUNALITAS	COMUNALITAS	-5.150,00 €
	TOTAL	-6.890,46 €
DEUDORES	DEBTORS
VECINOS	NEIGHBOURS	73.951,37 €
	TOTAL	73.951,37 €
TESORERÍA	CASH
LA CAIXA	LA CAIXA	11.354,09 €
CTAS DEPÓSITO	DEPOSIT ACCOUNTS	63,26 €
	TOTAL	11.417,35 €

TOTALES	TOTALES
PROVISIONES	PROVISIONS	991,80 €
FIANZAS	GUARANTEE	853,52 €
DEUDAS	DEBTS	-6.890,46 €
DEUDORES	DEBTORS	73.951,37 €
TESORERÍA	CASH	11.417,35 €
	BALANCE	80.323,58 €

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17 Apr 2008 10:22 PM by max! Star rating

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Hi all,

I have to sort out the letters of the administrators before I can post them so I will do that in a few days time. This already took longer than I expected. At least you now have a source for all the the minutes. Please remember that only the Spanish versions are legally binding (and they make more sense as much is lost in the translation).

B rgds,

Max

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27 Jul 2008 7:05 PM by max! Star rating

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C.P. RESIDENCIAL DON JUAN	CIRCULAR LETTER DJ1.004.2008

Benalmádena, 18th June 2008

Dear neighbours

We are enclosing the following documents with this circular letter:

- CIRCULAR LETTER INFORMING ABOUT ACTIONS TAKEN UP TO DATE

- STATEMENT OF ASSOCIATION’S BANK ACCOUNT

- INDIVIDUAL STATEMENT OF ACCOUNTS

- COPY OF EXPERT REPORT ABOUT DEFECTS IN THE CONSTRUCTION

First and foremost, we would like to inform you about the actions taken by this Board of Directors

RELATING THE LEGAL CLAIM

As it was agreed in the last meeting 26^th January last, on the 16^th May 2008 the legal claim for defects in the construction was brought, after several meetings with the Board of Directors where the lawyer explained the exact terms of the claim (a copy of it was given to the President). Such legal claim is based on the expert report from the architect hired for that, as it was also agreed in the above Association’s meeting. The assessment of damages estimated by the architect amounts to 1.758.697,38 €. The report was written after several visits to the Complex by the expert, the lawyer, the president and the Administration, compiling all the documentation in the Administration’s hands. The report was transferred to the Board of Directors, who was also given a copy of the brought claim previously. We are enclosing a copy of the report as well for all the homeowners, who must know that according to the architect there are serious and even very dangerous defects in the complex. He even asked for a reading of the report so that you all have knowledge about these serious defects and the consequences that can result from them.

After some deliberations with the Board of Directors and the lawyer’s statement, the Board agreed to exempt the issue about the street going into the Complex and leave it for a different claim: firstly because the damages assessed by the architect and the cost of the road works could be much more substantial, since we are unaware of the possibility to carry out the works due to the serious administrative and legal problems for that. As it was stated in the above meetings and according to the expert’s opinion, if the road works were impossible to be carried out the damage would be much worse due to the loss of value in the properties for not having such access. Although the works could not be carried out, the Property Developer is the one responsible (it has breached the contract offering something that has not been carried out) and the reasons for that breach should not affect the owners because it is the Developer who has to solve it. For the reasons stated and discussed in the Board of Directors with the Administration and lawyer, it was agreed to leave this issue for a different claim. Following the lawyer, Administration and Board of Directors’ opinion, consequences were assessed and it was decided to inform neighbours about this point before bringing the legal claim and in case it was necessary to put it before the owners for approval (despite having already agreed about the legal claim).

RELATING THE SWIMMING POOL

The mandatory request to open the swimming pools has already been issued and the necessary requirements to pass the Inspection are being solved (because several faults were observed in its time). After the Inspector’s visit, she has given the license for the swimming pool in front of block number 6. We are solving the issue relating the other swimming pool, which is presenting more problems because the Association has to carry out works (the fault here is on the construction itself).

RELATING THE ACCOUNTS

A) ABOUT THE DATABASE

There is a high rate of arrears in the Association. This Administration is compiling data about neighbours by different means, so that they will proceed to pay the Association fees. We kindly ask to those who have not provided their data to contact the Administration as soon as possible.

B) ABOUT THE 300 EURO DEPOSITS

Several calls have been made to some neighbours so that they justify the 300 euro deposits, since it has not been recorded in the bank. On the 16^th June a bureaufax was received from ARROHABITATGE SA explaining that the Association owes the Developer the amount of 13.216,43 € for:

“1.729,10 € for an invoice of water supply for September and October 2007; 1.428,79€ for water supply from October to January 2008; 1.348,20 € for an invoice dated 31^st October of rubble containers; 674,10 € dated 30th November for rubble containers; 1740€ for cleaning for September 2007; 2.610 € for gardening, cleaning of gardens, walls and trees; 6.686,24 € for white poly-carbonate ceiling rose”.

We are literally told that:

“After several occasions in which my client has required the amounts to that Association, all of them unsuccessful, Arrohabitatge SA has taken 12.894 € to defray part of the above debt. Such amount of money comes from the 300 euro deposits that 42 homeowners handed in to start the Association when they signed their deeds, as it was agreed in its day with the vendor Arrohabitatge SA”.

Besides, they warn us that in case the Association does not pay the difference (3.322,43 €) they will take legal actions against it.

Related to this point, it should be pointed out:

Among the amounts claimed by Arrohabitatge SA, some of them were discussed in the meeting of November 2007 where the Association decided that they were inadmissible since the services were not hired by the Association; respecting other amounts, like the one for ceiling roses, in its time we were requested 5.027,44 € instead of 6.684,24 € for the same item. About the rubble containers, we are unaware of them.

Until the moment the Board of Directors believed that 300 euro deposits were not being paid from neighbours registering their new homes. Since we had no information about future owners, it was impossible to warn about the present situation and that lack of deposits would be requested in a future time to the neighbours by the Association. Therefore, we could only warn homeowners about the problems with hindsight and neighbours would be the ones to solve them as holders of the debt. After receiving the bureaufax, we can claim the corresponding amounts and for them to be paid into the Association’s account, due to the compensation of the amounts with the “much more than doubtful debts of the Association” .

The Board of Directors is meeting the lawyer so that he can claim the amounts to ARROHABITATGE SA.

C) ABOUT THE DELAY

We have contacted some neighbours who have registered their homes after the Association was set up (October 2007) to explain them that pending months have not been cleared by the previous owners and it is the new ones who have to pay, regardless of their right to pass the amounts to the vendors later.

We have taken the same steps with several lawyer offices so that they will contact the Administration before registering to request a certificate saying that the owners are up to date with all the payments, avoiding future damages to the new buyers.

D) ABOUT ARROHABITATGE SA’S DEBT FOR ASSOCIATION FEES

Arrohabitatge SA ordered the Administration to collect a cheque for delays in the payment of Association fees, action taken by Ms. Irma Vinyes. From the initial amount claimed (10.975,32 € for homes and 1.244,74 € for parking places) until April 2008 inclusive, their calculations reduced it to 2.711,67 €. They also requested a certificate of being up to date with al the payments for their properties. The Administration refused to sign since the calculations were untrue and ARROHABITATGE SA refused to hand the cheque in. They were told that there is a bank account where they can pay, as many neighbours do, but that the certificate would not be signed in any possible way. Up to the present moment, no deposit has been made for that item.

RELATING POST SERVICE

Several possibilities have been considered so that the post service will get to the Complex. The only solution is to place all the letter boxes at the entrance. We hope that doing that and being lucky (since they also refuse to access the road with no asphalt) we will be able to have post service in the Complex.

RELATING ALTERATIONS IN THE HARMONY OF THE COMPLEX

A.- ABOUT AIR CONDITIONING

Neighbours are being requested (through email, phone and letter) to change air conditioning compressors and gutters to the right place.

Those who do not have the installation correctly made (they have it in corridors, in common walls or high) are being warned to remove them and place them in the right way. This means that, as we lack an area in the terrace roof where they could be installed, they must be placed in each house balcony, in the lower side and in the wall adjacent to their home wall so that they cannot be seen from outside.

Likewise, exterior gutters which are now visible must be painted in the same colour than the wall to avoid damages in the harmony of the building.

B.- ABOUT THE AERIALS

We have also contacted a company to connect neighbours to the common aerial so that they can enjoy foreign channels. Neighbours needing so can contact them and this will be totally free of charge for the Association, not for the homeowner though. Those who still have the aerials in their balconies are being requested to remove them.

C.- ABOUT OTHER ALTERATIONS

We are also contacting several neighbours who have alterations, like erected walls, canopies, doors opening directly from their gardens to the swimming pool, etc. so that they will leave the building in its original state.

ABOUT TELEPHONE AND INTERNET

Given the impossibility of hiring telephone lines and after contacting some companies that could give solutions, we have discovered a radio frequency system that will permit access to Internet (ADSL flat rate) and telephone.

The price will depend on the neighbours who hire it, but it will not exceed 90 € per month. Registering will be free of charge. Obviously no neighbour is obliged to hire this service. Owners will be told in case they would like to attend an information meeting with the company’s representatives.

RELATING THE Tax on the Increase in the Value of Urban Land

We have received many calls from neighbours asking about this tax. We have explained them that this is a private issue, not the Association’s, and it is the neighbour who must decide the actions to take. However, it is true that there are a large number of judgments considering the transfer of the payment for this tax to the buyer an unfair clause, and so void, despite being present in public deed.

The Administration

Approved by the President

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27 Jul 2008 7:13 PM by max! Star rating

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And please fill this in as it would save a lot on paper and postal costs.....

C.P. RESIDENCIAL DON JUAN

I give authority to the C.P. Residencial Don Juan 1 for that all letters, minutes, notification ... will be sent by e-mail renplaced to this way the ordinary post delivery or letter in the post box giving to the e-mails legal validity to all effects

Date:_______________________2008

Full name:___________________________________________________________________

Apartment____________________________________________________________________

Parking number:____________________________ Storeroom number: __________________

E-mail address:_________________________________________________________________

Signature

Send back this document by fax 0034 952 44 31 81 or by e-mail (gics@hotmail.es)

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02 Oct 2008 2:37 PM by max! Star rating

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As the AGM is quite close I decided to post the minutes of the last EGM. Please note that the following is not yet officially approved, so there can be minor changes in the final version. Remember as well that the English version is not binding; it's no more than an informal translation of the offical Spanish minutes.

C. P. RES. DON JUAN FASE I

MINUTES OF THE EXTRAORDINARY GENERAL MEETING OF THE HOMEOWNERS ASSOCIATION IN DON JUAN I, LOCATED IN FUENGIROLA, HELD ON THE 26^TH JULY 2008 AT 11.00 ON SECOND CALL IN BLOCK 6 PARKING UNDER THE CHAIRMANSHIP OF MR. HERNAN LAMANDIA AND WITH GICS S.L. AS ADMINISTRATOR.

1. Reading of the previous minutes.

Those present, except only one neighbour, admit to have received the previous minutes and after the summary read by the Administrator, these are unanimously approved.

2. Approval, if necessary, of judicial liquidation for debtor neighbours.

Those present are informed that the property developer has taken control of new owners’ Association fees in public deeds. The Association has its own bank account and there is no permission from the Meeting for the Developer to manage a treasury account of the Association. Actually and in accordance with the Law, the new owner assumes the Association debt and must claim from the Developer for the amounts later. However, there are two reasons to claim directly from the Developer for those amounts. First, and according to the bureau fax sent to the Administrator, the Developer admits to have taken the money, justifying this act saying that it was used to pay water supply and ceiling roses among other items (the content of such bureau fax will be included in the Minute Book). Hence, as they admit to have withdrawn those funds, they are also admitting that neighbours have paid for those items, so it is them who took the Association funds. Those present are reminded the Meeting’s refusal to pay anything relating the above items. This agreement was also sent to the Developer.

After discussing this point, it is unanimously approved to take criminal actions against the Developer for misappropriation, as well as civil actions, as appropriate.

Meanwhile, there is a huge number of debtors in arrears in the Association and it is unanimously approved the judicial liquidation for them all, but warning them previously about the delayed payments.

3. Approval of regulating rules for arrears, if necessary.

Increase of 15% as surcharge for every three months unpaid.

Foreseeing that a surcharge of 15% can be interpreted as an abuse, it is unanimously approved (and so the decision becomes statutory) a surcharge of 5% every three months and this will be cumulative for debts both as ordinary and extraordinary association fees. For more executive security, this will not apply retroactively; therefore the 3^rd quarter of 2008 will be the first period subject to this rule.

An example of the application to debts is included in this book:

The homeowner in block 12, 5º A owes 100 euros per month in the third quarter 2008

APPLICATION OF INTEREST ON ARREARS:

Debt July 2008 100,00 €

Debt August 2008 100,00 €

Debt September 2008 100,00 €

Interest on arrears (300€ X 5%) 15,00 €

Debt October 2008 100,00 €

Debt November 2008 100,00 €

Debt December 2008 100,00 €

Interest on arrears (615€ X 5%) 30,75 €

Total debt 645,75 €

Approval of judicial liquidation for debtors in arrears, in order to avoid a General Meeting every time we need to clear any homeowner’s debt.

Understanding that liquidations for debtors involve a slow process, especially because of the need of calling a meeting for approving the act, it is unanimously approved (and so the decision becomes statutory):

To give the Association’s Board of Directors life power to include the approvals of judicial liquidations for the Association’s debtors in the Minute Book, with no need to call a Meeting and by democracy among its members.

4. Information about legal actions, either civil or criminal, brought against ARROHABITATGE for several causes.

The lawyer takes part to explain the results of the legal actions taken against Arrohabitatge. After the mandatory expert report (notified to the Developer and the rest of neighbours), in view of the refusal of the works for construction problems, the lawsuit has been brought and it has been accepted for consideration in court in Fuengirola.

A neighbour asks if the private problems have also been included and the lawyer answers that the Association cannot bring lawsuits for private issues, since the matter is beyond its jurisdiction. However, the Administrator informs that any private problem due to a defect in any common area (Article 696 of Civil Law) – as for example the elevation of facades – can be claimed even to the Association, which should then include such defect to the lawsuit (if it has not yet) or take new actions to this respect. The same will apply if new constructive defects appear in common areas.

Regarding the works in Boulevard Street, the lawyer explains that even if they are not viable, based on the contractual commitment of the Developer with the buyers, owners can be compensated for that in the terms and conditions established and in the corresponding amounts and assessments.

Besides the legal actions, the Administrator informs that several administrative claims have been made, with meetings with the Councilwoman for town planning, Ms. Ana Mula. These meetings and their results are resumed below.

Post:

In the meeting between the Administrator and the person responsible for post delivery, the last one alleged the impossibility to deliver due to three obvious reasons:

- First: post boxes were not properly installed (regarding structure and order) and they do not pass the mandatory post inspection.

- Second: the private nature of the streets down (pedestrian and road) stops the delivery, being conditioned to the numbering of streets. Besides, block numbers are not completely correlative.

- Third: the condition of the street near the train tracks restricts the security of vehicles for post delivery (a Vespa), which also withstand a huge weight in sacks. This would imply a risk to postmen that the post office is not willing to take. The access from the north road would imply the delivery from another post office, with its resulting consequences.

In the next meeting, also in the presence of the Councilwoman, the following solution is found: the Post office will deliver mail to homeowners if post boxes are installed in the street and always under current regulations. In that case and after the inspection, the Post office is committed to deliver using a truck, which would give security to postmen.

There is a rough estimate of how much this installation would be, since replacing post boxes is unviable due to their private nature. The Board of Directors will claim such amount to the Developer (who is responsible for the current and wrong installation) and will hire the installers. The amount for that will also be included in the one claimed in the legal actions already taken against Arrohabitatge. For more reliability of liquidity, payment will be arranged in three installments, avoiding creating an extraordinary payment in case the Developer refuses to pay.

Water supply:

Paradoxically and as it is explained in point 2, Arrohabitatge is illegally deducting some amounts from the Association, claiming that these are, among other items, for water supply, and they are making us know through bureau fax. However, it is also them who, in an irresponsible contradiction, have sent another bureau fax warning about the cut of water supply in the whole complex (phase 1 and works) and requiring payment for that. All in all, they do not only intend to charge an invoice belonging to them but they also intend to charge it in duplicate. Immediately after the missive was received, the Board and the Administrator along with other neighbours went to the Town hall, with no appointment, and managed to talk to Ms. Mula. Before that, the Administrator notified Mr. Vicente (Gestagua’s manager) about the events and he interceded for us with Acosol, handing in the documents provided by the Administrator and interrupting the supply cut given the pressure from the Association. In the other hand, Ms. Ana Mula committed to hold a meeting with Gestagua, the Town council, The Association and the local architect.

In that meeting, Mr. Vicente was asked if there was any way to hire the water supply directly from the Association, dividing the meters and so the supply flow. That would not give right to hire water individually and we should also wait for a possible agreement between Acosol and Gestagua for the subrogation of contracts between the parties. Anyway, such possible agreement cannot be voted for, since it is not included in the Order of the Day. The Town council has copies of the bureau faxes sent by Arrohabitatge, among other reasons to avoid the wrong information that the Developer is giving to the members of the Town council and Gestagua. Its manager stated that they are willing to achieve an agreement but he was shown evidences that the position of the Developer is not exactly the same.

Boulevard Street (with no asphalt):

All the problems such as post delivery, telephone system and water supply are due to the poor condition of the road with no asphalt.

The local architect shows us planes of the plot of land (all the area) and explains that due to legal disputes between Developers, RENFE and even the Town council, the problem is made worse because of a judicial order to stop the works, which implies that the lines for supply cannot be taken to Don Juan. The solution to hook to the lines in Higuerón would quintuple the cost and the guarantee of 80.000 € from Arrohabitatge would not be enough.

The councilwoman explains us that talks with RENFE would start again in a few weeks in order to try and get a solution both for the hardly developed road and for the Ladera Street (up from Carvajal avenue). She commits to keep us informed. The Association makes clear to the Town council that parallel to their actions, we will continue negotiating with and getting information from RENFE, courts or any other entity related to this serious problem.

Anyway, we are informed of the approval of a new road which would connect the complex with a new roundabout at the Mariluz apartments (Carvajal Avenue) and the connections would be underground, passing under the rail tracks.

Cistern:

We have had many problems due to the cistern condition. Several inspections have been carried out by Gestagua and according to them the cistern is ok (apart from minor problems). We inform them of the increase in the pressure affecting the volume of water and also of other problems due to the installation of the cistern.

It is especially important the fact that Arrohabitatge blames the Association of operating the cistern, which is completely untrue, and it would be good to remind them that a security guard has no authority to touch the installation.

In an extremely irresponsible act with no fun indeed, to the request of instructions and handbooks for the cistern, Arrohabitatge replies sending the instructions for a Jacuzzi. When the councilwoman is informed about that she calls the Developer herself in our presence and requests them to send a copy of the cistern documents immediately to the Town hall, within 24 hours. Immediately afterwards she tells us that we will be informed when they do in order to collect a copy of it.

Some owners take part and state that it would be important to take up again demonstrations and advertising actions to put pressure and so enforce owners’ rights.

The problem of demonstrating in the rail tracks, for example, or the possible legal consequences of some acts for the Association are stated. Nevertheless, neighbours are informed of the creation of an association of affected neighbours, in which future neighbours of the 2^nd phase will participate as well, and they are told that they will receive information about that point, making clear that this new group will have completely nothing to do with the Association.

5. Any other business

None.

With no more points to discuss, the Meeting is adjourned at 14.00 on the above date. Certifying:

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03 Oct 2008 1:48 PM by Jenx Star rating

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It is rather amusing to read the plead for electronic communications to save money ( and the planet) - I send the form off to GICS 5/6 months ago and I am still waiting for acknowledgement.

I will probably need to be resuscitated if I get my notice of the AGM electronically!!!!!

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03 Oct 2008 8:27 PM by Holm Star rating

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I havepayed near dobbel for 1 year to GICS, and registered at bad payer. But now it seems very difficult to get to get the money back. GICS work slowly!!!!!!!!!!!!

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03 Oct 2008 8:53 PM by otterandy Star rating

in Dubai - Carvajal. 260 forum posts Send private message

Please keep your comments to the chit-chat thread, this thread is for official posts only.

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09 Oct 2008 10:55 AM by Jenx Star rating

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I have previously replied to the effect that my comments were not chit-chat and were never meant to be, so they are posted in the proper place. Those comments were, and are, to highlight the inefficiency and iincompetence of our adminstrator. As matters are allowed to persist, the integrity and competence of the committee will be called into question.

If these comments are removed again, then it will suggest that 'gagging' is going on!

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10 Oct 2008 9:43 AM by otterandy Star rating

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Hi Jenx, I think that you have got hold of the wrong end of the stick here. This thread is meant to be for official posts only, if people post their comments here it will just clog the thread up. Please use another thread for for posts.

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17 Oct 2008 6:12 PM by max! Star rating

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LISTADO DE DEUDORES

	BLOQUE 1
4301007	ARROHAB. SA BAJO B	701,34
4301009	RASMUSEN, RENE/PETERSEN BAJO D	786,56
4301021	MR SIETSE STILMA, 3-B	140,18
4301022	MR SIETSE STILMA, 3-C	369,66
4301024	ARROHAB. SA ATICO A	1032,40
4301032	murphy, poul michael PARKING23	2,88
4301039	PK ATICO A	82,99
4301050	TRASTERO1 SS	82,99
4301051	TRASTERO 2 SS	82,99
	BLOQUE 2
4302013	ARROHAB. SA I-C	757,52
4302019	ARROHAB. SA ATICO-A	962,08
4302020	ARROHAB. SA ATICO B	949,32
4302033	PK	82,99
4302034	PK	82,99
4302045	TRASTERO 3 SEM SOT	82,99
	BLOQUE 3
4303003	GUDKA RAJ SEMISOTANO C	341,29
4303014	SERRANO GARCIA, SANTIAGO 1-D	928,42
4303017	NIELSEN, LEIF HEDE, 2-C	872,38
4303032	PK	82,99
4303033	pk	82,99
4303043	TRASTERO 1 SEM SOT	82,99
4303044	TRASTERO 2 SEM SOT	82,99
4303047	TRASTERO 5 SEM SOT	82,99
	BLOQUE 4
4304002	LEARCH, DAVID MARK SEMI SOT B	168,84
4304005	ARROHAB. SA BAJO A	924,40
4304006	ARROHAB. SA BAJO B	701,34
4304018	RODRIGUEZ PATRICIA, 2-D	827,04
4304019	ARROHAB. SA, 3-A	962,08
4304020	SHENNO NADGHALLO ATICO B	1090,58
4304023	LEARCH, DAVID MARK PK- 3	6,54
4304030	PK ARROHABITAGE	82,99
4304031	PK ARROHABITAGE SA	82,99
4304032	PK ARROHABITAGE	82,99
4304036	PK ARROHABITAGE SA	82,99
4304037	PK ARROHABITAGE	82,99
4304041	PK ARROHABITAGE SA	82,99
4304043	TRASTERO 1 SEM SOT	82,99
4304044	TRASTERO 2 SEM SOT	82,99
4304045	TRASTERO 3 SEM SOT	82,99
4304046	T 4	82,99
	BLOQUE 5
4305015	ARROHAB. SA 2-A	1127,04
4305019	ARROHAB. SA 3-A	962,08
4305020	ARROHAB. SA, 3-B	987,60
4305021	PK ARROHABITAGE SA	82,99
4305031	PK ARROHABITAGE SA	82,99
4305033	PK ARROHABITAGE SA	82,99
4305035	PK ARROHABITAGE SA	82,99
4305036	PK ARROHABITAGE SA	82,99
4305037	PK ARROHABITAGE SA	82,99
4305039	PK ARROHABITAGE SA	82,99
4305049	TRASTERO 5 SEM SOT	82,99
	BLOQUE 6
4306005	ARROHAB. SA, BAJO A	924,40
4306006	BERNARD TIMOTHY HIGGINS BAJO B	401,34
4306009	ARROHAB. SA, BAJO E	701,34
4306013	BENHAMU, PERLA 1-C	725,66
4306019	ARROHAB. SA 3, A	962,08
4306020	ARROHAB. SA 3,B	987,70
4306023	PK ARROHABITAGE SA	82,99
4306024	PK ARROHABITAGE SA	82,99
4306026	PK ARROHABITAGE SA	82,99
4306027	PK ARROHABITAGE SA	82,99
4306028	PK ARROHABITAGE SA	82,99
4306031	PK ARROHABITAGE SA	82,99
4306033	PK ARROHABITAGE SA	82,99
4306038	PK ARROHABITAGE SA	82,99
4306044	TRASTERO 2 SEM SOT	82,99
4306045	TRASTERO 3 SEM SOT	82,99
4306047	TRASTERO 5 SEM SOT	82,99
	BLOQUE 7
4307001	ARROHAB. SA SEM SOT A	1735,20
4307002	SAID AZNOU SEM SOT B	991,11
4307004	BLANCO ALMAGRO, LUISA SEM SOT D	1218,19
4307007	MR TIEGRNEY BAJO C	477,68
4307010	ARROHAB. SA BAJO F	924,40
4307011	ARROHAB. SA 1-A	885,36
4307013	ARROHAB. SA 1-C	757,52
4307016	ARROHAB. SA 2-B	744,80
4307017	KULCSAR, TIBOR 2, C	413,05
4307018	IVERSEN, SEGUNDO-D	391,08
4307019	ARROHAB. SA ATICO A	962,08
4307024	PK ARROHABITAGE SA	82,99
4307027	PK ARROHABITAGE SA	82,99
4307030	PK ARROHABITAGE SA	82,99
4307032	PK ARROHABITAGE SA	82,99
4307036	PK ARROHABITAGE SA	82,99
4307037	PK ARROHABITAGE SA	82,99
4307044	TRASTERO 2 SEM SOT	82,99
4307045	TRASTERO 3 SEM SOT	82,99
4307046	TRASTERO 4 SEM SOT	82,99
4307047	TRASTERO 5 SEM SOT	82,99
	BLOQUE 8
4308001	ROBERTSON, DANIEL MARK SEMISOTANO A	1641,30
4308002	EVANS, SEMISOTANO B	242,48
4308004	VELLON GASCON, AGUSTIN SEMISOTANO D	1641,30
4308006	ADRIAN CATALINA KLUG BAJO B	401,34
4308016	ESPEJO SANCHEZ, ANTONIO 2-B	425,66
4308018	ARROHAB. SA, 2-D	1127,05
4308020	JENKINS, ANTHONY ATICO B	839,27
4308027	PK ARROHABITAGE SA	84,42
4308031	PK ARROHABITAGE SA	84,42
4308032	PK ARROHABITAGE SA	84,42
4308037	PK ARROHABITAGE SA	84,42
4308039	PK ARROHABITAGE SA	84,42
4308043	TRASTERO 1SEM SOT	84,42
4308044	TRASTERO 2	84,42
	BLOQUE 9
4309004	ARROHAB. SA SEM SOT D	1856,88
4309010	COLEY ELISABETH BAJO F	689,85
4309012	MELERO NUﾑEZ JOSE A. 1-B	287,43
4309013	GASCON CASADO, MIGUEL PRIMERO-C	491,61
4309014	MANICK CHANDRA PRIMERO-D	1014,17
4309015	DORRI, ARIA 2-A	912,79
4309017	MOLINA LOPEZ, JUAN SEGUNDO-C	897,16
4309026	PK ARROHABITAGE SA	85,75
4309032	PK ARROHABITAGE SA	85,75
4309053	TRASTERO 5 SEM SOT	85,75
	BLOQUE 10
4310001	GOMEZ RAMIREZ, LEONARDO SEMISO-A	1548,18
4310002	DAWSON, ANDREW FRANK SEMSOT B	722,02
4310007	RYAN DERMONT BAJO C	746,52
4310015	ARROHAB. SA 2-A	804,88
4310019	ARROHAB. SA TERCERO A	916,08
4310022	SEMISOT TRAST 2	72,38
4310026	SOTANO TRASTERO 1	72,38
4310027	SOTANO TRASTERO 2	72,38
4310029	SOTANO TRASTERO 4	72,38
4310031	SOTANO TRASTERO 6	72,38
4310032	SOTANO TRASTERO 7	72,38
4310048	PK ARROHABITAGE SA	70,93
4310049	PK ARROHABITAGE SA	70,93
4310050	PK ARROHABITAGE SA	48,61
4310053	PK ARROHABITAGE SA	70,93

BORRADOR DE NORMAS DE REGIMEN INTERNO

Respecto a los toldos:

Deben ser del modelo elegido unánimemente por la Junta.

Respecto a las antenas parabólicas.

Las única ubicación permitida para la colocación de antenas parabólicas, serán los tejados comunitarios y en los lugares dispuesto para ello. Además deberán ser contratados los canales extranjeros con la empresa que ha instalado gratuitamente las antenas

Respecto a los aires acondicionados.

No se utilizará zona Común, incluida fachadas para su instalación, debiendo ser instalados de forma que tanto la maquinaria como sus elementos, no sea visibles desde el exterior.

Respecto a los jardines de las plantas semisótano.

Según los estatutos comunitarios, no deben modificarse, siendo el césped y las plantas las únicas instalaciones permitidas en el recinto del jardín.

“Y además, en la zona de jardín de las viviendas, ubicadas en la planta semisótano, se prohíbe su modificación, es decir, no se podrá cerrar dicha zona, ni con vallas altas, tejados etc…, ni de ninguna otra forma, ni tampoco ensolar el jardín”

Se permite, por seguridad, que los propietarios de viviendas de semisótanos puedan elevar las vallas bajas hasta la altura máxima que tienen las vallas altas

Respecto al uso de las zonas comunes.

Amparados en la Ley de Propiedad Horizontal, no podrán utilizarse los muros, flancos, alzados y demás elementos comunes para la instalación de elementos privativos de ninguna índole.

Respecto a la piscina.

El horario de apertura de la piscina será el de la época estival, esto es, de junio a finales de septiembre. Con apertura de 10 de la mañana a 22 horas

Respecto a los cierres

Los cierres no podrán ser de aluminio, siendo el único elemento permitido la cortina de cristales que carecen de palilleria, no podrán ser tintados ni poseer cortinas o cualquier elemento que impida la visibilidad de los alzados de los muros. Asimismo, las terrazas colindantes podrán ser separadas por cierres de cristal, aunque estas si podrán ser opacos para salvaguardar la intimidad

EXAMPLE OF INTERNAL RULES

With respect to the sun screens:

Must be of the chosen model by the Meeting unanimously.

With respect to the satellite dishes.

The unique location allowed for the positioning of satellite dishes, will be the tile roofs. Must be to be contracted the foreign channels with the company that has installed free of charge the antennas

With respect to conditioneds air.

Zone Common will not be used as much, including facades for its installation, having to be installed so that the machinery as their elements, are not visible from the outside.

With respect to the gardens of the plants semibasement.

According to the communitarian statutes, they do not have to modify, being the turf and the plants the unique facilities allowed in the enclosure of the garden.

“And in addition, in the zone of garden of the houses, located in the plant semibasement, its modification is prohibited, that is to say, the garden will not be able to be closed this zone, neither with high fences, tile roofs etc…, nor of no other form, nor to put ceramic either”

It is allowed, by security, that the proprietors of houses of semibasements can lift the low fences until the peak altitude which they have the high fences

With respect to the use of the common zones.

Under Law of Horizontal Property, the common walls, flanks, cash settlements and other elements for the installation of privative elements of any nature will not be able to be used.

6.- With respect the Swimming pools

The schedule of opening of the swimming pool will be in summer ( juny- end of setember) With opening of 10. a.m- 10.p.m

7. with respect to the closings

The closing musn´t be aluminum. It´s only allowed element the crystal curtainbe. It´s can´t be tinted nor to own curtains or any element that prevent the visibility of the cash settlements of the walls. Also, the adjacent terraces can be separated closings of crystal, although these if can be opaque to safeguard the privacy closings of crystal, although these if podr& aacute; n to be opaque to safeguard the privacy

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17 Oct 2008 6:25 PM by max! Star rating

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C.P. RESIDENCIAL JUAN FASE 1

ESTADO DE CUENTAS - ACCOUNTS ESTATE
				HASTA 31-08-2008

INGRESOS		INCOMES

CUOTAS		FEE		246.781,75 €
VENTA DE MANDOS Y LLAVES		REMOTES AND KEYS SALES		83,36 €
A)			TOTAL		246.865,11 €

GASTOS		EXPENSES

COPIAS DE LLAVE		KEYS COPIES		-22,97 €
ALQUILER DE SALAS		MEETING ROOM RENT		-250,00 €
LIMPIEZA		CLEANING		-28.750,20 €
MANT. PISICNA Y JARDINES		GARDENING AND POOL MAINT.		-41.592,10 €
MANT. ASCENSORES		LIFTS MAINTENANCE		-11.600,00 €
MANT. INSTALACIONES		INSTALATIONS MAINT.		-6.669,26 €
REPARACIONES		REPARATIONS		-4.868,44 €
ORNAMENTACIÓN		ORNAMENTATION		-5.089,95 €
MANT. CONTRAINCENDIOS		FIRE GROUPS MAINTENANCE		-2.579,44 €
MEJORAS		IMPROVEMENTS		-5.463,92 €
ADMINISTRACIÓN		ADMINISTRATION		-20.885,52 €
GASTOS JUDICIALES		JUDICIAL EXPENSES		-11.032,58 €
GASTOS BUROCRÁTICOS		BUREAUCRATIC EXPENSES		-1.080,08 €
SEGUROS		INSSURANCES		-11.646,65 €
COMISIONES BANCO		BANK COMISSIONS		-646,96 €
ELECRICIDAD		ELECTRICITY		-8.380,88 €
SEGURIDAD		SECURITY		-24.483,56 €
IMPUESTOS		TAXES		-18,51 €
CORREOS		POST		-1.264,91 €
A)			TOTAL		-186.325,93 €

GANANCIA	(A +B)	GAIN	(A +B)		60.539,18 €



SITUACIÓN ACTUAL - ACTUAL SITUATION

FIANZAS ELECTRICIDAD		ELECTRICITY GUARANTEES		853,52 €

LA COMUNIDAD DEBE		THE COMMUNITY DEBTS		-17.774,06 €	(*)

DEUDAS DE VECINO		NEIGBHORS DEBT		39.123,70 €

ARROHABITATGE CUOTAS RETENIDAS		RETAINED FEES ARROHABITATGE		16.500,00 €

ARROHABITATGE CUOTAS		ARROHABITATGE FEES		19.573,21 €

TENEMOS EN EL BANCO		WE HAVE IN THE BANK		2.262,81 €

			TOTAL		60.539,18 €


(*) La mayor parte de la deuda es porque las facturas se pagan a partir del día 01-09-2008
(*) Most of this debt is because the invoices are pleased after 01-09-2008

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17 Oct 2008 6:32 PM by max! Star rating

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The official agenda as sent out by e-mail is not correct. The paper version is. I'll try to upload the right version tomorrow when I get hold of a digital copy. You can check if you have the right one if the actual gathering place (APARTHOTEL FLATOTEL) is mentioned and the agenda has 12 points.

Max

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18 Oct 2008 1:18 PM by davmunster Star rating

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Correct Agenda:

Hereby, and in accordance with the Horizontal Property Act, as President, I would like to let you know that the next General Meeting will take place at FLATOTEL (Torrequebrada, Benalmádena) See place: http://www.flatotelcostadelsol.com/situa.php?Idioma=ES on 8th November 2008, at 10:30 am. This is the first meeting with the second meeting at 11:00 am., with the following AGENDA:

1. Reading of the previous Minutes.

2. Review of 2007/2008.

a) Actions conducted by the officers and committee

b) Legal actions undertaken.

c) Physical state and improvements made.

3. Approval if it comes for the accounts from January 2008 to August 2008.

4. Under article 16 of the HPA, having been proposed by some proprietors.

“In order to safeguard the cordiality of the relations between the neighbours and to avoid conflicts of interests, we propose that no neighbour of Residential Don Juan phase 1 can belong to the officers commtitee if he or his relatives provide services to the Community for which they are paid; if they are employed by a supplier of the Community or are proprietors total or partially of a company that is a supplier of the Community. “

“With the purpose of being able to change or to cancel a service that is not satisfactory, we propose that the contracts with the different suppliers for services that are required (Maintenance, Cleaning, Security, Administration, etc.) are for periods of 3 months and can be cancelled by either party every three months following review by the Board of performance and cost and taking account of suggestions by neighbours”

5. Approval if it comes for budgets 2008/2009.

6. Election of positions.

7. Under Art. 16 HPA. On the request of the neighbor from bloque 7 attic B, approval, if it comes, of structure of support for the awnings at the attics.

8. Internal Rules ratification.

9. Approval of legal actions against neighbours who change the aesthetic of the complex.

10. Approbation and determination with respect to the community areas of Phases 1 and 2 of the Residential, distribution of costs and possible unification of the external zones.

11. Date of Next AGM

12. Several questions.

DELEGACIÓN/ PROXY

D.________________________________________________________________________________________

como propietario del inmueble / Owner of the house __________________ Sito en Residencial Don Juan Fase 1 /of Residencial Don Juan. A través del presente escrito concede autorización a / I grant to authorization to:

D.___________________________________________________________________________ para la asistencia y votación en la Junta de esta comunidad, a celebrar el día 8 de noviembre / for the attendance and voting in the 2008,november 8th Meeting.

_______________________

David

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06 Mar 2009 2:52 PM by davmunster Star rating

in Carvajal\Belfast. 843 forum posts Send private message

This is the official report from the committee. I have not edited the English as much as normal because I wanted to leave it as accurately reflecting what has been written in Spanish

INFORME DE ACTIVIDADES DE LA MESA DIRECTIVA

REPORT OF ACTIVITIES OF THE COMMITTEE

Durante estos primeros meses hemos retomado todos los temas pendientes de solucionar en nuestra comunidad que, lamentablemente son muchos y por todos conocidos, aunque hay algunos de carácter urgente. During these last months we have been taking up again the issues our communitty has to solve, and they are a lot issues and well known by all of us. Some of them are urgent

SITUACION ECONOMICA ECONOMIC SITUATION

Dado que en la Junta General del 8 de Noviembre se decidió no incrementar las cuotas, nos vemos precisados a realizar esfuerzos para disminuir gastos y, por tal motivo: On november 8 neighbours decided not to increase the amount of the comunity fees, that’s the reason why we have to make an effort in order to reduce expenses. For that reason:

No se contrata Servicio de Seguridad por los motivos abajo mencionados The communitty did not hire Security Services, please find the reasons below:

Ahorro aproximado para la Comunidad 25.000€ anuales The community is saving approximately 25.000 € per year

Arrohabitatge está costeando un servicio de seguridad casi permanente del cual nos estamos beneficiando todos Arrohabitatge is paying for a security service almost permanently and fortunately we all are getting the benefit
La actividad en la fase 3 empieza en torno a las 7:30 de la mañana prolongándose hasta cerca de las 21 horas habiendo movimiento constantemente Activity on Phase 3 starts at 7 .30 in the morning until 21 hours in the evening, We have people around all the time
No se ha registrado ningún incidente serio y nuestra ciudad sigue siendo un sitio tranquilo en el que vivir We have never had a serious incident and our city is still a quiet place to live.
La Junta Directiva ha solicitado no obstante mayor presencia policial en la zona ante las autoridades locales the Committee requested more police around our place at the local authority
La luz de la caseta de información permanece encendida como medida disuasoria The light on at the cabin is also a preventive meassure

El seguro contratado en el ejercicio pasado con Zurich, tenía un coste de 12.500€. Se solicitaron nuevos presupuestos a otras compañías. La Junta Directiva renegoció con Zurich obteniendo prestaciones y coberturas mejor adaptadas a nuestra comunidad por un precio de 8.900€ Last year contract insureance with Zurich was 12.500€. The committee got new budgets and renegotiate with Zurich getting good cover adapted to our community for 8.900€

Ahorro aproximado para la Comunidad: 3.600€ anuales The community is saving 3.600€ per year

En el apartado de limpieza tuvimos un gasto el año pasado de 31.800€, también se han solicitado presupuestos a nuevas empresas y este es un gasto que se ha reducido We spent 31.800€ on cleaning last year. The committee also got new offers and we reduced this cost.

Ahorro aproximado para la Comunidad: 6.700€ anuales The community is saving 6.700€ per year

Sumados estos 3 aspectos, la proyección de mejora podría ser de en torno a los 35.300€ para el 2009.

Adding these 3 itemss we have reduced the annual espenses by around 35.300€ per year

Hemos rescindido el contrato de limpieza con Limpiezas Hervás por las siguientes razones. We have ended the cleaning contract with Hervas because of the reasons below.

El trabajo no era realizado de la forma requerida. The Work was not being carried out to the required standard
Las limpiadoras no han cumplido con las horas contratadas, pero aún así nos han estado pasando facturas por el precio total. The cleaners were not working the contracted hours but we were still being invoiced for the full amount

Hemos tenido algunos problemas (por ejemplo, Limpiezas Hervás continua limpiando aunque no tienen contrato), no obstante confiamos en poder manejar esta situación y proporcionar a la comunidad los servicios de un proveedor cualificado y a buen precio. We have had some problems (for example Hervas have continued to clean even though they do not have a contract). However we are confident that we can deal with this situation and appoint a higher quality competitively priced contractor

ATENCION A LOS VECINOS NEIGHBOURS CARE

Desde noviembre, la Administración está presente en Don Juan 2 ó 3 días por semana para atender a las dudas, preguntas, etc. que interesen a todos los vecinos. Algunos días dicha presencia ha coincidido con sábados o incluso festivos. Los vecinos pueden realizar preguntas y aportar ideas directamente, todas ellas serán tomadas en consideración por la Junta Directiva. . Since November we do have the administrador at Don Juan 2 or 3 times per week to solve doubts, answer questions, etc that can be on the interest of all the neighbours. Sometimes they are coming also on Saturday or even on holiday .Neighbours can ask questions and bring up ideas to them all of which will be considered by the committee
Se ha puesto a funcionar el buzón de sugerencias que está situado en la caseta de información y al que todavía no han acudido los vecino de forma asidua,, pero esperamos sea un buen medio para conocer su opinión y sus ideas We also have a suggestion mail box on the info cabin, neighbours are not using it normally but we hope it will be a good way to know your opinión and your ideas
En esta caseta de información se colocan periódicamente notas informativas sobre distintos asuntos We post info about different subjects on the cabin
También hay información colocada en los tablones de anuncios de cada bloque, con los teléfonos de contacto necesarios y dos correos electrónicos (español e inglés) de miembros de la junta directiva.There is also info on the boards on each block where you can find telephones of interest and 2 email adresses spanish-english to get in touch with the committee.

SEGURIDAD SECURITY

Se ha empezado por completar la iluminación de toda la urbanización colocando luces en aquellas zonas especialmente periféricas de nuestra urbanización donde hacía falta We started completing the lighting of the urbanization puting lampost in the periphera areas where we were missing more light

Se ha instalado un sistema de iluminación automático en el tramo final de la escalera de cada bloque.We have installed a light system in the sótano at the end of the stairs on each block
Se ha instalado una cerradura de seguridad de acceso a los garajes desde la vivienda en cada bloque We put secutity locks at the parking doors
Se están proporcionando mandos a distancia para los garajes a un costo reducido de 25 €. El mando que ofrecía Arrohabitatge tenía un precio de 50€ We do have a new remote control for the parking for a lower price 25€ instead of 50€

PISCINAS Y JARDINES POOLS AND GARDENS

Tal como se pidió en la reunión de noviembre, una de las piscinas permanece apta para el baño durante todo el año As it was required in november we do have a pool opened permantly
La 2ª piscina se está acondicionando, porque la promotora la entregó defectuosa Second pool is being fixed because Arrohabitatge delivered it as damaged
Se han empezado ya los trabajos para recuperar la zona de jardín de las piscinas The gardener already started the works for replacing the grass at the pool area
Se ha replantado en su totalidad los taludes de la parte baja del bloque 3 y del bloque 5 (que era el que presentaba un mayor deterioro. Está previsto continuar con esta labor según lo vaya permitiendo el presupuesto The ecologic wall down block 3 (and block 5 also) has been all replanted that was the one in the worse condition. We will keep doing this as long as our situation alows us
En relación con las mejoras del ajardinamiento estamos condicionados por el tema económico y la climatología que no nos ha sido propicia este invierno, no obstante hemos colocado algunas plantas más .About the improvement to the gardens we have been restricted by our economic situation and the weather this winter, however we have been putting some plants in.

ACCIONES LEGALES LEGAL ACTIONS

Morosidad en el pago de cuotas. Siendo éste un apartado importante por lo que de injusto de forma comparativa puede resultar para aquellos vecinos que sí cumplen con sus obligaciones y que se ven avocados a sufragar la totalidad de los gastos de la comunidad, hemos trabajado de forma continua en ello. Debtors. This is a very imprtant issue because it’s not fair that some neighbours who pay their community fees pay for all the expenses of the community and we have been working hard on this and we still keep doing it

Los procesos monitorios se iniciaron ya contra los vecinos que mayor deuda acumulaban, varios de ellos han sido admitidos a trámite y se prevé que en breve empecemos a recibir algún dinero por este conducto. The process against debtors who owe the biggest amounts are already started and some of them have been admitted by court and we hope we will be getting some money this way soon.
Se comunica que se ha ampliado la querella por desperfectos, ya que la ladera oeste situada junto a la piscina del Bloque 6 se está deslizando y corremos el peligro de que la piscina se nos vaya monte abajo. We comunicate that we started a new process against Arrohabitatge that will be added to the one we had since last year including the erosion area at the pool on block 6. The danger exist about the land going down to the river.

CAMBIOS EN LA FISONOMIA DE LA URBANIZACION OFFENDERS

En relación con los temas de alteración de la estética de la comunidad se han realizado diferentes contactos, en algunos casos contamos con el compromiso de los vecinos de retirar o modificar el motivo de alteración estética; en otros, con el compromiso escrito de algún vecino de retirar el elemento tras someterse a la votación de los vecinos, como quiera aún queda mucho por hacer en este apartado para lo cual contamos con su colaboración. About the offenders the committee and the administrador have been getting in touch with some of them, in some cases we do have agreement with the neighbours to remove what is wrong, or the promise of the neighbour (writen down) to change whatever they have to do if neighbours vote against it at an AGM

AYUNTAMIENTO TOWN HALL

El pasado miércoles hemos tenido una reunión con D. Ana Mula, Concejala de Urbanismo, para tratar nuevamente los siguientes puntos: Lastt Wednesday we had a meeting at the town hall with Ana Mula to talk about the following:

1. Las vías de acceso a la urbanización. Ana Mula se ha mostrado complacida porque se están haciendo progresos en las negociaciones con RENFE/ADIF. No quiso ser demasiado específica, pero piensa que puede haber alguna resolución antes que finalice este año. El arquitecto técnico prometió hacer una inspección en el camino hacia el Higuerón y en las reparaciones hechas en las calles Sierra de Cazorla y Sierra Nevada e intruir a Arrohabibitage a realizar los trabajos que se requieran. Access roads to Don Juan. Ana Mula seemed pleased that she was making progres son this in her dealings with RENFE\ADIF. She would not be more specific but thought that a resoltion will be found before the end of this year. The Technical Architect promised to check the provisional road at the rear of our developement and the repairs to Sierra de Cazorla y Sierra Nevada and instruct Arrohabitatge to carry out whatever remedial Work was required

2. La erosión en la piscina del bloque 6, aunque el arroyo es propiedad del Ayuntamiento no se han mostrado interesados en ayudarnos en este punto. Esto significa que tendremos que arreglarlo nosotros y reclamar el costo a Arrohabitatge. Erosion area near pool on block 6, Although the river belongs to the Town Hall they are not interested in helping us. This means we will have to have it fixed ourselves and try and reclaim the cost from Arrohabitatge

3. En la reunión también se encontraba Vicente Gijón (Gestagua) quien nos ha indicado que la factura por importe de 9.000€ que tenemos pendiente de pago se ha calculado en base a un totalizador que existe desde primera hora y que debemos pagar el agua aunque el contrato se haya firmado en octubre y el gasto de agua incluya la que haya utilizado Arrohabitage durante los meses de agosto y septiembre. Si ejercemos nuevas acciones legales por este concepto probablemente gastaremos un dinero que nos cuesta trabajo ahorrar y perderemos la oportunidad de hacer otras mejoras en nuestra urbanización. Also at the meeting was Vicente Gijón from Gestagua. He said that the bill for 9000€ we had received was based on a meter that had been in place from the beginning and we would have to pay even though it included all the water taken by Arrohabitage (August and September) and we did not sign for the water until October last year. We need to take legal advice on this but if we have to pay it will stop us improving Don Juan and use up a lot of the savings we have worked so hard to make.

Esta reunión se tenía solicitada desde noviembre, pero tenemos la impresión de que el Ayuntamiento ya no estimaba necesaria nuestra participación, pensamos que nos han dejado de lado porque no hemos accedido a las peticiones de Arrohabitatge, Gestagua y el propio Ayuntamiento para la constitución de la mancomunidad de las 3 fases del complejo de acuerdo a las condiciones planteadas unilateralmente por la promotora.. Tras revisar toda la documentación sobre Residencial Don Juan nos dimos cuenta de que el pozo de riego y el aljibe son propiedad exclusiva de la Fase 1, y por eso exigimos que en la posible negociación de acuerdo con la Fase 2, se contemplaran los puntos que se decidieron en la Junta General de Propietarios del pasado mes de noviembre. Arrohabitatge ha optado por instalar un sistema de aljibes en los garages de la fase 2 antes que hablar con nosotros.This meeting has been asked for several times but we do have the impresión that the town hall is not interested anymore in our participation and has been leaving us out since we did not accept the conditions Arrohabitatge and Gestagua propsed. Also the Town Hall wanted us to accept a master community with phase 2 and 3 under Arrohabitatge conditions only. Reviewing the documents we discovered that the well and the “pumps” are property of DJ1 and we do wanted to negociate a agreement with phase 2 that protected our interests as was decided at the AGM in November. Arrohabitatge chose to install a separate system of tanks and pumps in the garajes at phase 2 rather than talk to us.

NUEVO BANCO Y Nº DE CUENTANEW BANK AND BANK ACCOUNT

Se ha procedido a cambiar de entidad bancaria ya que las condiciones que ofrece La Caixa resultan mejores para nuestra comunidad que las que nos daba la antigua entidad impuesta por la promotora (Caixa Galicia)

Rogamos tomen nota de los nuevos datos:

We have changed the bank account because La Caixa offers better conditions and these are better for our community than the old account that was opened by the promotor with the same bank that they use. Please take note on this

La Caixa

Avenida Federico García Lorca, 28

29630 Benalmádena Costa (Arroyo de la Miel)

Tel.: 0034951922270

Fax.: 0034952576047

Nº de Cuenta: 2100 2448 10 0200151497

Para facilitar cualquier operación, mantendremos abiertas ambas cuentas durante un par de meses más.We’ll keep oppened both accounts for a couple of months to give time for neighbours to change their payment arrangements to the new account

NORMATIVA RULES

En la actualidad estamos inmersos tanto la administración como la Junta Directiva, con la colaboración de algún vecino, en la elaboración de la normativa que debe presentarse a votación en la junta de vecinos programada para el próximo verano según se acordó en noviembre. The administration and the committee are working hard on the rules we have to present for approval at the next AGM in the summer as we decided in November

VARIOS

Se ha conseguido poner en funcionamiento el aljibe con todos sus componentes.The water deposit with all its components is ready and working
Se han terminado de instalar los limitadores de presión para todos los bloques, sólo había 5 instalados.The limiters of presure are installed in all blocks now
Hemos conseguido independizar el agua de riego y la iluminación de nuestra fase, por lo que ya sólo deberíamos estar costeando nuestro propio gasto, hasta hace nada corríamos con el pago del consumo de la fase 2. Sobre este particular cabe añadir que tenemos interpuesta una reclamación ante Sevillana-Endesa por una factura excesivamente elevada (5.900€) de la que estamos a la espera de aclaración. y si la solución no fuese satisfactoria a nuestro favor presentaríamos la debida reclamación ante el Ministerio de Industria The watering and the electricity of our phase is separated from phase 2 and now we should be paying just for our expenses, before this we have been paying for the 2 phases. In addition to the problem with Gestagua we have a disputed bill from Sevillana (electricity) for 5900€. We have put in a complain to Sevillana and are waiting for an answer. If the outcome is not in our favour we will put a complaint to the ministry of industry?
Estamos en vías de recuperación del terreno comunitario situado al sur del bloque 5, que la promotora aún no ha delimitado correctamente. Hemos solicitado a la promotora una solución acordada, pero basándonos en experiencias pasadas no tenemos esperanzas de que pueda llegar a una pronta solución. Se ha presentado queja ante las autoridades sanitarias en el Ayuntamiento acerca de la piscina de la fase 2. We do not have Access to our gardens at the back of block 5 and 6 because the gate has been chained by the developer. We have asked to meet the developer to agree a resolution but based on past experience we are not hopeful that it will be resolved quickly. We have also reported the state of the pool to the ministry for puiblic health
Se va a colocar un cartel con el plano de localización de cada bloque, solo quedan ligeros retoques para mejorarlo We have prepared a map with the location of each block that is just missing some details. We will put it up on a wall near the cabin
Estamos pendientes de presupuesto para la instalación de los buzones We are waiting for a quotation for building mailboxes that will enable us to start receiving post.

Atentamente Best Regards,

Pepe, David, Javier, René y Ana

Marzo, 6 2009

_______________________

David

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