Committee Meeting - 1st October 2009
Present: Mo Taunton, P. Hopkins, S. Shaw, L. Jimenez, S. Evans, K. Ellerton, J. Brown
Bank Balance: € 60.486,08
Statement from the President:
"Due to a discrepancy in reading out the number of voters at the A.G.M, there resulted in three written requests on behalf of 6 owners for a recount of the votes for the committee. It was announced on the day that there was a total of 85 and a good majority of that being 2/3 would require 52 votes. After 4 independent recounts of all paperwork i.e. voting slips and counting sheet, the actual number of voters was 112. Therefore a good majority being 50% plus one is 57. Tuesday morning I went to see the lawyers to seek advice as to the legality and verification of the recount. It appears the correct procedure was
carried out and we have to minute the addendum in the "Libro de Actas".
The consequence of this is that unfortunately Pat Olive did not obtain the required majority and therefore was not elected onto the committee. Taking into consideration the time and effort Pat has put into Mi-Sol, it was suggested that we offer her a place as a non elected committee member. I am now going to ask the committee to vote on that issue" Before the voting commenced Pat questioned the results of the recount. Pat insisted that there were not 112 votes and that there were people that didn't vote. It was explained that all votes sips collected in the box counted and tallied with the signing in sheet. The total was 112.
She asked why she was not informed with regards to the recount, but as soon as the President was informed of the problem, Mo told Pat Olive of the problem. Pat Olive asked a community owner to join her at the meeting. Plot 440 works as a Secretary of a working Men's Club in Britain. He said that he did the checking with J. Titterton and that there wasn't that number of voters at the A.G.M. Pat questioned the number of voting slips with crosses on; she believed that there was only one with crosses on, some people were told to put crosses in, as a yes vote, therefore these were counted. Pat asked for the names of the re-counters, she said the names of the first set of counters. Pat thought it would only have been right to go back to the original counters from the A.G.M to do the recount. Pat was informed that every time the recount took place her figures always stayed the same.
The owner of plot 440 was asked to leave the committee meeting; and it was immediately said by Pat that if he has to leave so does P. Hopkins as he isn't an elected member of the committee. It was explained again that as Peter was elected on to the committee at the E.G.M of November 2008, and that the President has the option to carry over committee members with her at the next election it was only needed to put the Presidents name on the voting slip. The residents were informed this as well at the A.G.M.
Pat said that the President should have had the decency to tell her if she didn't want her on the committee and accused the president of not voting for her. The President informed her that it wasn't a question of her personally not wanting her on the committee, but that the owners of Mi-Sol have voted, and the committee and President are there to represent them, and also no one is at liberty to divulge who they vote for.
The committee had a closed ballot, and after the votes were cast and counted - by the secretary and L. Jimenez, Pat returned for the results. Unfortunately it was 1 for and 5 against.
Pat then asked for some questions to be answered by the President:
Pat asked for was a letter telling her the new result.
Pat said she would have preferred Mo to have told her to her face that she did not want her on the committee.
Pat inferred that there were anomalies in the counting sheet which has been produced.
Pat mentioned that it should not be just Peter and Mo signing cheques, she had mentioned this to Mo previously as it leaves them both open to criticism.
Mo said that the accounts are transparent and have been since the start; Pat disagree, the President asked why, and Pat said "I don't trust you".
Pat asked why Mo had revoked the password for her to have access to the bank account, via the internet, seeing she has been doing it since 2003.
Mo explained that as a community resident not a committee member she doesn't have access online. If she did, all community residents would have to have the same.
She asked Sonia Evans if she was taking over the job she used to do, namely checking Peter's and Mo's entries. Sonia said she was not doing this.
Pat was then asked to leave the office for the voting to take place. She made a short statement "I disagree with the voting system and it's all wrong"
Mo asked for the letter to be left with her and she would answer the questions in writing.
Pat was asked to leave the committee meeting, as she was leaving she informed the committee that if we needed any information, she has documentation at home going back a few years, she would be able to help.
• Minutes from the previous Committee Meeting
Sonia Evans has been checking the water and electric bills since January the President asked her to continue checking through. Sonia agreed and the President gave her the files for her safe keeping.
621 - It was explained to the new committee members the brief run down. After a letter was sent to Apyme, by the previous president, for the activation of the plot, we have no other choice as to write to the owners explaining they have to get the plot registered with the correct authorities to add the plot to the official plans for the community. We will ask Rosario at the next meeting to draw up a letter.
Debtors - All of the debtors certificates, who have not signed up to monthly payment schemes, have been presented to Rosario for 2008. Clara was an exception. After a meeting with the President and the acting secretary, she agreed to pay her 2009 bills, and continue paying for her water and electric monthly. We have received no further payments, and as such gave the paperwork back to Rosario to be presented.
• The A.G.M minutes were read out to the committee
• Pool contractor - After the September meeting with the pool contractor he informed us that he had been in conversation with Aguamed to get an estimate on filling our pool, we believe he hasn't calculated on our prices! We only owe him €3.000,00, but he has asked for a deposit of €1.500,00 to be able to start the repairs on the pool. After checking the august water bill, after the pool was filled (for the 3rd time) we believe the contractor, in the finish, will owe us money. It was voted unanimously against paying him any money. We do have a 10 year guarantee on the repair work undertaken.
The entire cost of repairing the pool, including the refill is down to the contractor. No money will be handed over until the work is complete. Sonia informed the committee that the pool is dripping from the outlet pipe in the pump house, and cracks around the steps of the shallow end of the big pool. These will have to be looked at as well as the cracks, loose tiles, the ladder and the hand rails.
A question of completely enclosing the pool along the terrace wall was suggested. It was pointed out that having fencing up would make the area look unsightly and if the gate was removed would cause a problem with safety. The idea was rejected.
New committee members were informed of the upcoming debate on the swimming
pool system. Date will be announced.
• Buildings Insurance for the Bar
At the present time we have found no paperwork for buildings insurance for the bar. We are waiting for a quotation from the same providers as the community's public liability insurance. The agent is seeing whether he can merge the policies together or whether we have to have a separate policy.
It was suggested to also have buildings insurance on the lockups as well as the office (inc. contents?)
• Plans for current office
As the idea to move the office was rejected at the A.G.M, we have got major repairs to do, the roof for starters. It has also been suggested to use the space out the back and extend the office. This would mean we could have a bigger private office for all the confidential paperwork to be stored as well as a room we could hold the monthly committee meetings and meetings with owners.
The committee will start thinking of ideas for the office, but we will get quotes to have the roof and ceiling repaired.
• The sewer pump needs looking at urgently. After the heavy rains have backlogged and spilled out in places. We have been informed by Paco that he had, last year, a engineer from Aguamed here looking at the current system. The engineer thought that there would be no problem connecting into their system located in the bottom corner of Nacciones. Sonia reminded us that this was first proposed by President Brian. After speaking with Nacciones, it belongs to them and they have major trouble there as well with overflowing and smells.
We have asked Paco to get the engineer out and get a technical report with plans of works and estimate.
If this comes to no avail we will have to have the pozo and the pumps overhauled.
• The committee was informed that Paco had sourced an electrician so repair the problems residents were having after the rain, and to repair lamp posts. Lamp posts 65 & 66 have been repaired, as well as lamp posts 55,45 & 42.
The electrician will also be looking at the transformers and the sites electrics. We will be receiving a technical report with recommendations.
As Paco has much knowledge of Spain and businesses it was put to the committee to ask him to become a consultant, where if necessary, outsource to professionals. No powers or rights, just someone who gives advice.
• The bar contract. It doesn't expire till the 1st January 2010. It was a five year contract and the rent is €437,64. At last meeting it was proposed and accepted unanimously to raise the rent to €600 off season, and €900 in season. Since then there has been WW3. It was suggested to spread the cost over the year, but L. Jimenez pointed out he would have more trouble finding the cost in the off season. It was also pointed out that if the gates went back up passing trade would be greatly reduced.
As we still haven't got the draft, it can be discussed and amended, but needs to be complete before middle of November to be ready by December.
• Apyme - We handed the problem of Apyme over to the lawyers to try to get the bill as we have been trying to get the bill for months. The lawyers said the bill they have been faxed. Once paid all the paperwork must be returned. We will ask Rosario at our next meeting whether who is responsible to pay their tax.
• The new committee members were brought up to speed with the N.I.E number for Myall. After asking Pepe, he says that the original copy of the Power of Attorney was held with Apyme. But after the lawyer checked they disagreed and said they didn't know where it is. This means that we have to wait for the N.I.E to arrive then we can have a new power of attorney drawn up.
• The unification process has already begun. We have now received the money in the Caja Rural bank, placed into our care. We have also had the first owners receipts been brought in. It will be a slow process. We are still waiting for the other financial years accounts. Paco, after signing for them, was given the accounts for last year compiled by Pat Olive. The original accounts for the financial year would be with the paperwork with Apyme, hopefully.
• The lock-ups. It is felt that the system should be modified. If you don't sign a contract you pay less than if you do! And some contracts are for 5 years where some are for 1. It is also felt that the lock-up rent is too high, and the fact that the SUMA charge is down to the users of the building rather than the owners, we would think about lowering the rent on the lock-ups to incorporate the cost of SUMA. We will be discussing this more in-depth at a future meeting. But there are a few contracts up for renewal in January.
• It was agreed that it would be good for the unification process to have a few non elected Spanish on the committee. They would have to be paid up to either bank account to qualify. It was decided to discuss at a future forum.
• Delegation of Responsibilities:
Sonia, apart from checking the utility bills, has been asked to be our auditor. She has graciously accepted this position. P. Hopkins will be giving her the accounts from the database from January to the 26th September.
Jeff has been dealing with the pool for a while now. This will remain under his care with T. Evans knowledge and experience. Lynn Jimenez will be the owners contact for SUMA. Any resident who has a problem or question regarding their plots can now see her.
Letters:
Plot 462 has asked for permission to build a brick wall onto the adjoining bricks to the path. The committee agreed to the owners request.
Plot 440 has submitted a letter regarding the election and various questions relating to the rules governing committees in Spain for a community of owners.
The President will be responding.
It has been asked whether the holes that have appeared in the boundary wall of Florida, in front of plot 450 & 451, could be filled in as during the rains water floods out of the wholes at a tremendous rate. We will investigate and look for quotes, if the work is viable.
Copies of these letters will be kept in the office under record. Meeting closed 16:40 Signed the committee:
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