AGM HELD AT BAR MI SOL 24TH SEPTEMBER 2011
Meeting started at 12.28pm
Present: Committee members Lyn Jiménez, Shelagh Shaw. Pedro Fulgencio Ortuña (acting vice president) F. Alenda Andreu (lawyer and acting interpreter) Juan Carlos Justi ( acting on the instructions of the vice-president and checking everyone in) I(Patricia Olive) also stood around as much as I was able checking and helping where possible.
Absent without apologies: President Mrs. M. Taunton, Treasurer Mr. P. Hopkins, Committee members: P. Simpkin, Mr. J. Gwynn and Mrs. Carol McCarthy
Absent with apologies: Mrs. S. Evans.
Absent from the signing in table Mrs .A .Atkinson.
The signing in took a long time as each passport, ID card and Proxy was scrutinized by J.Justi and S. Shaw.
The proxy votes sent to our President (Mrs. M. Taunton) had been handed to the vice president Pedro Fulgencio but the name of the nominee had not been completed. The committee members present overlooked this oversight and allowed the votes to be included.
In the past the debtors have been calculated up to and including the last day of our financial year.
This year (2011) the Vice President with the agreement of the Lawyer said you were in debt if anything of the community fee was still outstanding as of the date of the AGM.
Therefore in future all members of the community should be aware that they must be up to date with their community fees in order to vote.
Members who objected to the above and were unable to vote
D. C*** – plot 3*5 paid cash in order to have a vote
J. C. J. - Plot .... paid cash in order to have vote
A. A***– plot ... paid 61.64 Euros in cash in order to have vote
M. B**** – plot 5*5
W**** – plot 2*0
G. W**** – plot 7*
T. C**** – plot 2*7
F**** – plot **.
Receipts were issued by the committee members and the cash was given to the vice president.
As these were unusual circumstances. The mandate of only paying into a bank was suspended.
Pat Olive asked the vice president and the lawyer if a copy could be taken of the signing in sheets for the English members to study. This was agreed to at first by both parties, but once the signing in was completed the lawyer took the records and refused to hand them over
The son of the bar owner was willing to scan the sheets in the lawyer’s presence but this was refused.
Following the signing in of everyone, the community was informed that the information given by the President that the lawyer would be chairing the meeting was incorrect and that the vice-president would be chairing the meeting. The lawyer said “I have never agreed at any time to chair the meeting, only to act in case of a legal dispute and to act as interpreter.”
P. Olive asked how many people including proxies were eligible to vote. The answer given by the lawyer was it could be determined later.
The lawyer stood up and opened the meeting at 12.28. The vice president then took over.
The first item to be voted on was the Approval the previous years’ minutes.
The vote came in at 59 Approved—44 Against and 5 Abstainers.
As it was still unknown how many members had signed it, the community was kept waiting whilst the lawyer added up all the votes.
The answer was stated that 118 members including all proxies were eligible to vote.
Therefore the above figures were incorrect.
A short discussion ensued between the lawyer and the vice-president whereby it was agreed that we should start again at the beginning of the Agenda which had been posted out to all members.
The First item on the Agenda was
a. Following the reconciliation of 2009 – Who pays the cancelation of court proceedings?
The voting was as follows:
Votes for community to pay 57
Votes for Owners to pay 60
Abstainers 1
Total voters 118
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b: Renew license for the bar-As it is sure that the opening license for the bar will be accepted and as the current tenant and residents have requested – Does the community give a new lease to the current tenant?
The lawyer read a long letter in Spanish from the Town Hall listing a list of things which needed doing to make the bar legal.
In 2010 The Town Hall granted an Environmental Licence. Not quite sure of the facts here but something to do with the terrace, an opening licence and excessive noise to neighbours, exit doors not up to fire standards, kitchen may be a fire risk etc. Toilets in need of more ventilation.
D. Olive stood and reminded the community of what has been spent on the bar by himself and Mr. Moran in the past, and stated that he thought the community should rectify any other building works needed.
C. Ph*** Plot 457. Stated that we should be made aware of the cost of any rectifications before being expected to vote.
G. Ri*** Or*** Plot 601 Raised an objection.
A Spanish lady raised an objection about the bar owner allowing non-member’s to use the pool as long as they bought a drink at the bar.
These was a discussion going on when the lawyer pointed out that most of these items should be addressed at another time.
The voting was as follows:
Votes for granting a lease for 1 year and then renewing the contract 66
As this was a majority the lawyer stated the votes against did not need to be counted.
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1. Approval of the minutes of the previous AGM held September 2010
The lawyer read through the minutes of the previous meeting in Spanish for the benefit of the Spanish members. She then asked if it was necessary to read through the minutes in English.
The English members said they did not need the minutes to be read to them.
The vice-president asked for a vote to approve the minutes: this was denied.
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2. Accounts for 2010 including debtors list and measures against debt.
The vice-president asked for a vote to approve the accounts: this was denied.
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3. Approval of the 2012 budget.
The vice-president asked for a vote to approve the budget for 2012: this was denied due to the fact that a budget had not been issued.
4. Election of the President and the governing body.
There were two candidates for the presidency:
Mr. José Riquelme Lorenzo Plot 106 and Mrs. Delgado Fernandez Plot 233
Mr. José Riquelme Lorenzo came to the front of the meeting so that people could see who he was.
Many members asked who Mrs. Delgado Fernandez was as they did not know her. They were informed that Mrs. Delgado Fernandez was in hospital. This did not inspire a lot of confidence.
The vice-president then asked for the voting to take place.
Mr. José Riquelme Lorenzo Plot 106 received a majority vote of 68 and was therefore duly elected president. With this outcome many of the Spanish members left the meeting. The lawyer then stated that another count had to be taken to make sure we remained within the legal requirements to continue the meeting, this was done and it was agreed enough voters were present. As this was going on some of the Spanish members returned.
Derek Olive received a majority vote to be Vice President.
Pat Ainger received a majority vote to be Treasurer.
A collective majority vote of 64 was received for the following Vocals (committee members):
Pat Olive
Ann Impey
Sonia Evans
John Robbins
Jean Titterton
Shelagh Shaw
Lynne Jimenez
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5. Approval of legal measures against owners not complying with the community statues and H.P.I.:
A majority of 67 votes received to denounce any owners infringing the rules.
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6. Approval of legal measures against those defaming and insulting the committee undertaking their duties.
This raised some laughter and no measures were approved
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7. Utilities and installation of pre-paid meters:
A majority vote was received to install pre-paid meters for any owners behind with their payments and the cost of installation will be paid by the property owner.
An amount of much less than the existing 900 euros to be decided by the committee in the near future.
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8: Questions:
Gates:
It has been agreed by a majority vote to close the gates this year.
Installation of Post boxes:
According to the law we as a community have to provide these post boxes.
Owner of property 432 disagrees.
Mi Sol Account:
Owner of plot 537 asked how much there is in Mi Sol’s bank accounts.
10 Questions given to lawyer:
Ann Impey of plot 208 asked what is happening regarding the 10 questions given to our lawyers.
Fuensanta replied by saying that she only received them last Thursday.
Signing of cheques:
Pat Ainger as the new Treasurer has requested that 3 signatures should be on Mi Sol cheques.
Meeting closed at 15.45pm
These records have been confirmed as accurate by: Pepe--Shelagh--P. Ainger---P.Olive--A. Impey--J.Robbins