2004-10-01-Interpretation of AGM Minutes

COMMITTEE MEETING MINUTES - 2004 AGM - INTERPRETATION BY SIMON EDGINGTON

The Minutes for the 2004 AGM were taken in Spanish and translated into English by our administrators office. It is fair to say that the translation is not good quality and may raise questions. Therefore here is our interpretation of the minutes of the 2004 AGM. Including the original transcript of the treasurers report presented at the meeting..

OPENING OF MEETING

The president Jose Riquelme Lorenzo (Pepe) opened the meeting by expressing condolances following the death of John Mountford., aknowledging the assistance that he has lent to the community as a member of the committee. He went on to explain that a lot of scheduled works had not been able to be carried out due to the continued disruption of Antonio Escudero and his friends. These people have made it difficult to for Mi Sol funds to be directed to the correct destination due to the confusion they create. They continue to undermine the work of the legal management of Mi Sol at every opportunity.

Approval Of The Minutes of the 2003 AGM

The AGM agreed that as every one present had seen last years minutes, they unaminously were approved as correct.

Introduction of New Administrator from APYME

Mi Sol Park has appointed a company of professional administrators from www.apyme.biz of Torrevieja. It will be their task to bring Matters on Mi Sol to a legal and professionaly sound conclusion with regard to debt collection and general administration of the park.

Treasurers Report 2004

Twelve Months ago we were able to inform the community that we had made some further developments in our Mi Sol Data Base which maintains our accounts. The result of this has been a system which is easier to put information into, and more importantly very informative in terms of the in formation that can be extracted.

I will go into this deeper for you because it explains why the president and committee have taken it upon themselves to make certain decisions without consulting an agm. But to summarize, this new system has provided us with one very important fact. Our current administration system which is operated by myself and other non professional volunteers, is failing to serve the community and needs to be replaced with a minimum of delay by a professional administrator.

Here are the facts that support this conclusion. Mi Sol Park is a collection of individuals thrust together as a community which can only exist with the cooperation of all members.
Being a collection of individuals, we are blessed with many owners who hate being in any kind of debt and who maintain their Mi Sol Accounts in credit. Thank God for them because it is their money that is keeping the community alive. We then have a number of owners who are quite happy to only pay up when prodded with a reminder. Normally our issue of swimming pool cards has served as a valuable insentive to these members to pay up. Regretfully this advantage was denied us by Antonio Escuderos party issuing their own cards to every one regardless of whether they had paid. My opinion of that action “Administrative Vandelism”

Then we have a large collection of individuals that consider it a lucrative pastime to make it as difficult as possible for us to collect any money from them. The current confusion caused by the other party claiming to be president has been taken advantage of relentlessly by these individuals.

In theory on this day of the year. NO member of this community should owe anything to Mi Sol. The last Electric and water invoices were issued in July and they should all be settled within 30 days of notification. All community fees should now be paid. Members attending this meeting have been informed that they must not have outstanding invoices if they wish to have a say about Mi Sol Business.

The reality however is that this administration entered 2003 with debts out standing from owners for 2002 of over 35000 euros. This administration has entered 2004 with debts from 2003 of over 58000 euros. And today which as I said in theory every one should be fully settled. We have outstanding invoices to the amount of 115000 euros.

There are a lot of “Bar Room Philosophers” on Mi Sol. Who ask for a reason why the roads have not been finished, why the gardens cannot be made prettier. They want a reason why we need to consider increasing water and electric tariffs. Well there are your reasons. All 115000 of them.

It only takes the good payers on Mi Sol to ask themselves why should I pay when all I am getting for my money is non payers swimming in water I Paid For, burning electricity paid for by my community fees thus preventing development of the site. It only takes them to adopt that same attitude and Mi Sol will very rapidly find its self accelerating in a downward spiral the likes of which we have yet to experience. This is not a situation that we cannot allow to continue.

The data base has identified a number of reasons why we have a continuous owner debt problem. Some Spanish owners who choose to pay bi annually due to their salary structure have been allowed to slip from being permanently six months in credit to being permanently six months in debt. In future the July Payment on this scheme must represent the second payment of the year Not The first. This is almost impossible for me to explain in the office to our Spanish members. We need a better system.

It is essential that all invoices are fully settled by the end of July if we are to be able to use our money for the advantage of the community. We cannot extend credit to our owners. Which when we do not collect all monies owing is in effect what we are doing.

My information tells me that I have been successful in collecting a total of 103324.35 euros from Mi Sol MEMBERS out of a total 217224.54.
What is significant is I have succeeded in collecting from owners with Mi Sol Addresses 45582.73 euros
I have succeeded in collecting 45760.83 euros from UK Addresses Address¡s in spain I have succeeded in collecting 8186.26 euros

Because we are non professional volunteers, sadly we are no match for the owners who have not paid. Mi Sol Park Adresses still owe 28000 euros Uk Adresses still owe 23000 and Spanish addresses having paid only 8000 still owe a staggering 58896.39 euros.

It is for this reason that the community has consulted with a professional administrator for the purpose of putting the management of Mi Sols affairs on a professional basis and to address the matter of educating our members to keep their accounts in order for the future well being of this community. A strategy has been outlined which we hope will result in a better financial picture regarding debt next year.


Measures against Debtors

The meeting approved action to be taken by the administrator to recover debts from owners who have failed to pay money to the legal management of Mi Sol. Costs incurred to recover these debts can be transfered to the debtor making a prompt settlement most desirable all round. It is recommended that the 10 worse cases be approached in the first instance. The administrator explained to the meeting, that once individuals have been subject to this proccess others in the same situation tend to settle promptly to avoid such actions against them. A list of all oustanding debts to the community is published with the minutes.

It is noted that some individuals have been fooled into paying money incorrectly to Antonio Escudero's representatives. It is the resposibility of these individuals to recover payments fraudulently received in this way to enable them to credit their accouts correctly on Mi Sol.

Works In Progress

It was explained to the AGM that proposed tarmacing of the remaining roads cannot be carried out until the large outstanding debt by owners is finally collected.

Work will continue on the pruning of the trees in January. In the meantime only trees requiring attention for reasons of safety will be attended to.

It is requested that active toilet blocks be renovated.

Creation of Association Of Neighbours.

Disruption by Escudero and friends has resulted in Mi Sol's continued vuneralbility with regard to the common land Escritura. These deeds are still in the name of individuals who historicly were original committee members but who now have no legal or moral interest in Mi Sol. To rectify this situation and assure that it cannot be repeated, the AGM must approve the formation of a lagally recognised body which can hold the deeds for MI Sol. The formation of the Mi Sol Association of neighbours was approved unaminously by the AGM.

Judges Verdict Confirming Jose Riquelme Lorenzo President Of Mi Sol

The minutes show the judges sentence confirming Pepe as president until 2006. It awards costs against the defendants. Antonio Escudero, Jim Gwynn, Matie Jenkins, Enrique Amoros Rodrigues, Terry Morris, Antonio Alacid Pardo.

The administrator explains that this sentence, must be carried out, until there is another sentence made by the court. Failure is contempt of the courts of Spain and is extremely serious to question the honour of the judge.

Increase In Water and Electric rates

A request was made to the AGM for a 15% increase in water and electricity charges. The agm approved a 5% increase in January Invoices followed by a 10% increase in a years time. IT was requested that payments could be made by standing order and forms have been sent now to owners with the minutes.

Any Other Business

The president wants the minutes to reflect that when he first became president the community was much different to now. He has overseen improvements to roads, drains, water and electricity supplies. His continued service is being constantly undermined through the time he has to spend with lawyers on matters caused by Escudero. They have reported him to the Town Hall for maintaining Trees which needed attention for safety reasons. They have caused debt in the community, employed workers in the name of Mi Sol illegaly, and when he has through their actions been unable to carry out his role as president as he would prefer to, they have criticised him for failing to serve the community satisfactorally.

Security on Mi Sol

Like the rest of Torrevieja, the cost of an expanding town is an increase in crime. Mi sol is vulnerable for breakins, and a large number of properties have been targeted. The president announced that the committee has approved works to prevent the possibility of scaling the walls of Mi Sol by increasing the height of the fences with spikes on top. The AGM expressed that security on Mi Sol is of most importance to the community. The cost of this modification of the fencing is 24000 euros.

Owners requested a security guard on the gate at night. It was explained that this could not be absorbed in the general budget and would have to be an additional cost. One member declared that he would willingly pay an extra 100euros per year if it meant that we were more secure. The AGM liked the sound of this and after some debate the AGM authorised the president to engage a security guard and invoice each owner with a pro rata of their share of the cost along with the electric and water invoices.