2010-10-09-Committee Meeting-Minutes taken by P. Hopkins

Minutes taken by Peter Hopkins

2010-10-09-Committee Meeting 

Present: Mo Taunton, P. Hopkins, S. Shaw, S. Evans, L. Jimenez, P. Simpkin,

P. Fulgencio Ortuno,  P. Ainger,  J. Titterton,  P. Olive

Absent: C. McCarthy (due to medical commitments)

Bank Balance: 33-679.00 €   Savings Balance: 20.000.00 6

Presidential Statement

Due to an objection with respect to the approval of the 2009 accounts, pointed out by P. Olive that the balance on the sheet issued from the bank differed from the bank statements. This objection was not put in writing so that it could be included on the agenda for the A.G.M, a requirement by community law, therefore no proposal and seconded to approve the accounts was forthcoming. i have since learned that the majority vote should have taken place and the objection minuted. With regards to P. Olive's observation, we have it confirmed and ratified by the lawyer that Mi-Sol is a community of owners, not a business and therefore legally business accounts are not required. What we have is an accounting ledger to monitor payments in and out of the bank. Al! the necessary paperwork, bank statements, invoices etc were given to the auditor for checking. They came back with a favourable report.

“The accounting transactions relating to transfers between bank accounts or cash withdrawals and cash in various accounts, is justified by the bank documents that originate these operations. Documents issued by the bank / s are attesting to the movement of funds, for all purposes (accounting, tax .... )"Victor Minguez - Minguez Asesores

This has caused much discomfort especially to the Treasurer and think warrants an apology. P. Olive apologized to the treasurer if her actions disturbed him so much, but stated she thought it was part of a treasurer's job to explain the details of the accounts should anyone wish to know them.

We understand that there is a petition in circulation by owners who are objecting to the fact that in spite being voted on, in favour of the closed vote system with a majority of 50% + 1 , was not adhered to. It would appear that if 25% of owners eligible to vote call an E.G.M request one, an E.G.M must happen. They have 1 month from the date of the A.G.M to present  this list, and looks imminent. If this is the case the 2009 accounts would come up for approval.  With respect to the committee status,  P. Hopkins will remain Treasurer / Acting Secretary.

The A.G.M minutes have been drafted, and are presently with the lawyer for them to sign them off.

Anyone is welcome to help the committee, and would welcome them.

2.   Monthly Lawyers Meeting

We were informed that a debtors case has been found in our favour, we should expect the payment within 6 months to 1 year, as usual.

We discussed the fore mentioned objections of the A.G.M and have been informed that if residents are calling for an E.G.M one months notice has to be given.

We have informed the lawyer that there is an interested party who wants to rent Mi-Sol Bar and instructed them to draw up a new contract, we were reminded by the lawyers of the situation to the Lodge, and were advised that the specification of the land of the bar and terrace would have to be re-registered to facilitate  accommodation, this would have to have the decision of the community, and were reminded of the breach to community law as the situation stands at the moment, not to mention putting the insurance in jeopardy. We have asked for a breakdown of the expenses involved in re-registration.

We are waiting for the draft contract to be emailed, and then a subsequent meeting will be arranged.

The lawyer is looking into the possibility of having the gates and the unanimous rule for security. If the possibility is there for a majority rule we were given majority decision at the A.G.M.

3.         Pool Maintenance

J. Brown is undertaking the pool maintenance until the new contractors start, and that he will be receiving a credit for his services.

4.         P. Olive asked whether a modification to the community fee charge for 610 has been undertaken, as the owner has converted the garage into a second home for rent. We have been informed by Clara that it is not separate. P. Olive was asked to provide documentation and then the account would be modified. The second property owned by Clara was also mentioned. P. Olive asked whether the property where Teo's garage was is now paying community fees. We will check the classification of the land and the possibility of charging community fees.

J. Titterton stated that there was dark mould growing in the Pool, the President will inform J. Brown. P. Olive also stated that the pumps are still on constantly and that the pool temperature is cold. The President said she will remind J. Brown to switch on the automatic clocks.

P. Olive asked whether the charges the community incurs for bank transactions are placed onto owners accounts. The treasurer informed the committee the procedure of undertaking the banking and that all charged received and charged immediately.   

S. Shaw asked whether the committee meeting minutes could be done in Spanish. The Acting Secretary reminded the committee that the minutes are regularly done, but unfortunately due to the paperwork needed  for the A.G.M during the month of September the minutes in Spanish were still pending but would be completed.

P. Ainger thanked the committee for sorting out the sewage problem in circle J and for the hard work of our sewage man Ray. Due to someone putting plastic bottles in the sewage system•caused the blockages which resulted in raw-sewage flooding circle J.

J. Titterton pointed out the number of people building in brick in the community has gone up. Plots 233 and 236 have built brick structures in the last year, now plots 188 and 117 are now undertaking building work. The committee was reminded that all residents should comply to the community statutes, the Horizontal Property Law and the Law of Spain. All owners bare full responsibility and liability for anything on their property. S. Shaw reminded the committee that plans should be drawn up and presented to the committee before any building work should be undertaken.

5. A complaint has been received from S-388 regarding the installation of a very large satellite dish in the circle. After receiving the request for the installation from plot 464, the owner was told that if all residents in the circle had no objection, neither would the committee. P. Olive stated she knew nothing about the dish, and if the complainer doesn't like it then place adenuncia.

We have received a letter from the tenant of the Bar requesting copies of all the utility bills from 2009 to date. The 24 annual bills for water and 12 annual electric bills will be photocopied for 2009 and the same for 2010.