Mi-Sol Park Comunidad de Propietarios
Minutes for the Annual General Meeting for the Community of Owners "Mi-Sol Park" held on the 26th September 2009
In the town of Torrevieja, Alicante, at 10.00 on the 26th September 2009, the Annual General Meeting for the Community of Owners "Mi-Sol Park was held at the community bar.
The owners were first welcomed by the chairman of the meeting, and explained the procedures. Item 5 on the agenda questions should be submitted to the chairman in writing. The chairman then passed over to the president to officially start the meeting.
• Our Spanish friends were here, they requested that all payments they can prove they have paid into a bank will be recognized; so we can move forward and welcome them to our meeting. The President asked all owners to agree to the proposal so we can stop the nonsense that's been going on for a long time.
Our lawyer spent a long time talking to our Spanish friends outside, we would like to credit any payments made into a bank or other payments which are shown in their accounting book. This proposal was then put to the owners to vote.
This was then explained to the Spanish owners by Fuensanta & Rosario (our lawyers).
Owners were reminded that we have to look at all the accounting books and we will look carefully and scrutinise any receipt wanting to be credited.
The result of the vote was:
69 in favour of accepting all payments irrespective of whether from a bank, including all paper receipts once confirmed with their accounts.
14 against accepting all receipts
It was agreed welcome our Spanish friends into the meeting and that there was rapturous applause.
It was agreed to give a copy of the official accounts for the Community of Owners to them. The President was in agreement to pass the information on as they have provided their accounts. The information will be passed.
Item 1: Approval of the minutes for the A.G.M of 2008
The President proposed the approval of last year's minutes, Neill seconded. Item 2: Approval of the accounts for financial year 2008
(Minutes of the A.G.M 2009--1 30 de septiembre de 2009-01)
Mi-Sol Park Comunidad de Propietarios The President proposed the approval of last year's accounts, Neill seconded,
Summary for Accounts Financial Year 2008
President: Neill Stacey Administrator: APYME Treasurer: Jean Titterton
01/01/2008 Starting Balance 5.713,62 €
31/12/2008 Income 178.159,77 €
183.873,39 €
31/12/2008 Expenses 179.789,58 €
31/12/2008 Closing Balance 4.083,81 €
Court Expenses 4.301,00 €
Electricity 59.228,21 €
Extra'ary Expenses 2.413,46 €
Gardening 15.255,00 €
Cheq. num. 5194304 (APYME?) 2.134,98 €
Refund via Courts Plot 364 578,90 €
Refund via Courts Plot 139 300,00 €
Refund via Courts Plot 388 622,88 €
Refund via Courts unknown 663,55 €
Refund via Courts unknown 1.408,77 €
Refund via Courts unknown 1.342,86 €
Judicial Error taken then refunded 1.408,77 €
Judicial Error taken then refunded 1.342,86 €
Pool Works & Maintenance 28.679,50 €
Petty Cash 3.200,00 €
Social Security 1 2.410,55 €
Agencia Tributaria / Hacienda 972,24 €
Water 29.425,19 €
179.789,58 €
(Minutes of the A.G.M 2009 30 de seDtiembre de 2009—2)
Mi-Sol Park Comunidad de Propietarios
Petty Cash
Starting Balance 2007 110,59 €
Petty Cash Income 3.200,00 €
Other Incomes 261,50 €
3.572,09€
Car Park 114,13 €
Gardening 1.476,95 €
Office Materials 676,37 €
Translations 948,23€
Court Expenses 150,00 €
Closing Balance 2008 206,41€
3.572,09 €
Credits for Work Undertaken
Date Plot Detail Name Amount
01/01/08 452 TN° 0947 - Lockup-Authorized by N. Stacey N. Stacey 378,00 €
20/03/08 62 TN° 1173 - Clearing Drains-Authorized by N.Stacey Hall 100,00 €
20/03/08 70 TN° 1174 - Clearing Drains-Authorized by N.Stacey Barker (Lucas) 300,00 €
06/12/08 70 TN° 3705 - Gardening-Authorized by M.Taunton Barker (Lucas) 150,00€
928,00 €
Credited Justificantes
Date Paid Plot Detail Name Amount
02/01/2008 166 Justificante de CAM-APYME L.Ginel Sevilla 567,95 €
02/01/2008 204 Justificante de CAM-APYME R.Vidal Perez 387,416€
02/01/2008 204 Justificante de CAM-APYME RVidal Perez 210,40 €
1.165,76 €
(Minutes of the A.G.M 2009 30 de seotiembre de 2009-03)
Mi-Sol Park Comunidad de Propietarios
Item 3: Election of the President and the Governing Body
The election for the Presidency and Governing Body was a closed vote. Owners were issued a voting slip after signing in to the meeting. The nominees were presented to the owners. A short break was called to allow owners to cast their votes.
The result to the Presidency and Governing Body were:
Position Name Result
Presidenta Dna. Maureen Taunton 89
Secretary/Treasurer (inc) D. Peter Hopkins
Vocal Dna.Shelagh Shaw 102
Vocal D. Neill Stacey 29
Vocal Dna. Pat Olive 56
Vocal Dna. Sonia Evans 94
Vocal Dna. Kate EHerton 77
Vocal D. JeffBrown 91 91
Vocal Dna. Lynn Jimenez 92
Neill Stacey was not elected to the committee, as he didn't have a majority share of the vote, and was thanked for his service to the community.
The President also thanked all members of the community for their support, and who have helped their community, and welcomed the new committee members and welcomed the idea of some interesting debates.
The president took a moment to think about people who are no longer with us and those who are suffering from illness.
Item 4: Approval of the 2010 Budget and Plans of Works
Bank Balance as of 26th September 2009: €54.065,89
i. APYME - Termination or re-activation of their services
In January APYME were suspended for several reasons, mainly because of the precarious situation with our bank balance. The President informed the owners that she and Peter Hopkins have been doing the administration, it took six months working 7 days a week to get to where we are today; which is a system that is informative, accurate and more importantly efficient. The benefit of doing our own administration apart from saving €14.000 per annum is readily information available on site. Since their suspension APYME have refused to pass on any paperwork that we have requested, for the reason we still have an outstanding bill with them despite numerous times we have been in contact with them for the bill. The lawyer has been asked to obtain the bill so we can
Minutes of the A.G.M 2009--4 30 de seDtiembre de 2009-04
Mi-Sol Park Comunidad de Propietarios
pay the final bill. The community was asked to vote on the proposal of terminating the services of APYME.
The result of the vote was Unanimous for terminating the services, of the previous administrator, Alberto Espin Molina (Apyme).
ii. To increase the community fees automatically 1% per annum
Last year a 5% increase was put onto our community fees, this jump was to account for the fact that there hadn't been an increase in the last couple of years. The President wanted the approval from the community to increase, automatically, the community fees by.
The majority were in favour to raise community fees, automatically, by 1% annually. This vote was carried.
iii To increase the unit cost of electricity
Iberdrola increased the unit cost by 2% in July, this following an increase of 3.5% at the beginning of year. The new unit cost is 0.23.
It is normal practice for the increase of utility costs to be voted on at an A.G.M, resulting in a delay to pass the increase to the owners; therefore we would like to be able to increase automatically when our suppliers do.
The majority were in favour of automatically increasing the unit rate for the utilities when our suppliers do.
There is only one contract for the electric supply. It was normal practice for the name of the contract for Iberdrola to be in the name of the current president. This year we have managed to change the contract into the name of Mi-Sol Park, this is good news as not one person will be liable if the electric is not paid, the bad news is we will all be liable.
iv. Continuing the swimming pool during the winter months
Last year it was voted to keep the pool open. There were very few swimmers, and considering the cost of maintenance we would like to close the swimming pool, during the winter months from the second week of October, depending on the weather and requests by swimmers, to Easter. The swimming pool will not be drained during its closure and it will be run on a minimum. But the pool will be drained when it's repaired.
The majority were in favour of closing the pool.
v. Transformer
It is a few years since the transformer was replaced, and with a second hand one. As there are more residents on Mi-Sol now we would like to be able to place some money
Minutes of the A.G.M 2009 30 de septiembre de 2009-5
Mi-Sol Park Comunidad de Propietarios
aside to purchase a new transformer. We are in the process of obtaining an estimate. Unfortunately we have not received them for the A.G.M.
This money would be a contingency fund in case of emergencies
The majority were in favour of putting money aside in case of emergency.
vi. Approval of placing an advertising sign to raise capital for Mi-Sol
We are looking for ideas for raising funds for Mi-Sol. One idea is for an advertising board to be placed at the entrance of the park, but we need approval from the community.
The majority were in favour of erecting an advertising board at the entrance to Mi-Sol.
The existing sign, used at present by "Jardines de Clara" old-peoples home. And we are getting revenue from that.
We are still waiting for the estimates for having the Mi-Sol sign replaced at the entrance.
vii. Do we re-site the office and sell on the plot to raise capital for Mi-Sol.
The building doesn't belong to Mi-Sol. There would be negotiating to be done, should we move the office and free up the land.
If we move the office the location would be discussed at a future A.G.M.
The majority were against the moving of the office.
As the office is not moving we have repairs that need to be done. It needs a new roof for starters.
viii. What should we do with the playground
The playground is becoming an eyesore. We would like to modernise it the area and replace the old apparatus with wooden or plastic play equipment.
The majority were in favour of modernising the playground ix. What should we do with the Petanca pitch
We are looking for ideas for the petanca pitch. It was asked if we could sell the pitch, but unfortunately it is not a plot and subsequently not on the plans. It is communal land and cannot be sold.
It was put to the committee to move the playground the petanca pitch; this would be safer than its current location for children as well adults.
The majority were in favour of moving the playground to the petanca pitch.
Minutes of the A.G.M 2009-30 de sentiembre de 2009-6
Mi-Sol Park Comunidad de Propietarios
It was put to the committee whether we can sell the existing playground, but the same rule applies as the petanca pitch.
There was a suggestion for a car park on the existing playground. We would like ideas put in writing to the committee and it will be decided at committee level.
Item 5: Questions / Any other business
• Plot 391 requested the pozo to be looked at as it is oozing and smelling. We will have quotes in for a new pump and have it repaired.
• Plot 447 proposed a 5% discount for community fees paid in January.
This was unanimous.
•
Plot 22 asked whether pine trees are going to be sprayed for the caterpillars. This will be put onto the January list for the gardener.
• Plots 22, 411, 568, 573 and 568 proposed that Maureen Taunton and Peter Hopkins have their annual Mi-Sol bills paid for them out of community funds, for all their hard work and effort into the improvements for our community for which we personally are grateful. We hope that other owners agree with us.
The majority were in favour of the community bills being credited.
• We have been advised by Rosario our lawyer asked us to hold a vote to re-instate
gates or some sort of security (barriers).
The majority were in favour of having some sort of security.
• Plots 485,315,406,158 & 215 have asked about the bar.
Pat Olive explained that the current bar contract expires 01/01/2010. The committee agreed that there was a need for new contract to be drawn up. The lawyer has been asked to draw up a DRAFT contract as landlords we have put into the contract all the points we would like. It is then up to the would-be tenant to go through the draft contract and negotiate with the landlord. Until we've received this draft we can't do anything.
Plot 85 asked for the need for a new contract. Pat explained that the contract was five years old and out of date. Not to mention the certificates you need to have by law.
It was asked what the proposed increase of rent. The increase PROPOSED is between €600 & €900. The current rent is over €432,
Plot 85 suggested that there is a vendetta against Bob.
Minutes of the A.G.M 2009-30 de sentiembre de 2009-7
Mi-Sol Park Comunidad de Propietarios
The President responded that it would appear that there is vendetta against your committee and President, and that at the moment the bar's contract doesn't expire till January.
A reminder to all owners that after the monthly committee meeting, there is an open community forum held in the bar. For people who are not here the information will be on the blogs.
vvww.misolpress.blogspot.es in English www.misolpresses.blogspot.es in Spanish
The President called the meeting to a close at 13.00 on the 26th September 2009.
Addendum
Under Article 19 of the Horizontal Property law of Spain minutes may be rectified provided that the "Libro de Actas" unmistakeably indicates the date and place of the meeting, the owners in attendance either present or represented by proxy. And that the book has been signed by the President and the secretary.
After receiving letters from owners questioning the number of attendees at the A.G.M, and asking for a recount, we had to initiate a recount.
After the recount (by independent members of the community) it was determined that the number of votes issued was in fact 112, rather than die 85 announced at the meeting and unfortunately the votes themselves were miscounted.
The new results are:
Post Name Result
President Dna. Maureen Taunton 96/112
Secretary/Treasurer (inc) D. Peter Hopkins
Vocal Dna. Shelagh Shaw 106/112
Vocal D. Neill Stacey 28/112
Vocal Dna. Pat Olive 56/112
Vocal Dna. Sonia Evans 102/112
Vocal Dna. Kate Ellerton 80/112
Vocal D. Jeff Brown 95/112
Vocal Dna. Lynn Jimenez 96/112
This recount only affects the results for the election of the President and the committee; this unfortunately means that Pat Olive didn't have a majority vote to remain on the committee (2/3 of the vote or half plus one). This means we have to ask Pat to stand down from the committee. We would like to thank Pat for all her services to the community.
Minutes of the A.G.M 2009 8 30 de septiembre de 2009
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