Hi Misolites,
I have copied these minutes from the official MisolPress Blog. All grammar and spelling mistakes are as is.
I personally do not believe these minutes to be a true and accurate record of the meeting, but that is just my opinion, everyone else must make up their own minds. These minutes were not published until January 2011 nearly two months after the meeting took place.
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Mi-Sol Park Comunidad de Propietarios
MINUTES OF THE ANNUAL GENERAL MEETING OF THE COMMUNITY OF OWNERS
"MI-SOL PARK" HELD ON THE 25th SEPTEMBER 2010
AGENDA
1 .- Election of new committee members.
2 .- Approval of previous minutes.
3 .- Approval, if applicable, the balance of the accounts for 2009.
4 .- Presentation and approval of the budget for next year 2011.
5 .- Change in the form of payment.
6.- Statutes for the XXI century
7 .- The pool.
8 .- The toilets and showers.
9.- The bar.
10.-Security.
11 .- Questions and answers (in writing).
It was announced that the published order of the agenda would be modified in case our legal representatives were called away prematurely.
And the following resolutions were adopted:
I.-BAR STATUS.
The current tenant of the bar, Mr. Morans announced that he has applied for a license to open the bar. He provided a copy of the resolution of the environmental permit, and that it has been granted by administrative silence. The assistant solicitor, announced that this license is not the only one that has to be requested by the current tenant. Application must be submitted for an Opening Licence, which the Community is not aware of that it has been requested by Mr Moran. In the documentation provided doesn't state that the Torrevieja City Council requests to modify the toilet.
A letter was read out a letter from Mr Morans which expressed his intention to terminate the lease and leave the premises if he gets paid the sum of fifteen thousand euros (15,000 euros), leaving the bar with all items found in the same condition. The current contract was read out expressing the clause specifying that any improvements made to the leasehold will benefit the landlords without the right to be compensated for said improvements.
A vote was taken whether the Community is willing to pay 15,000. Resulting in 28 votes in favor of payment to Mr Moran, and 63 votes against the proposal. There are 34 abstentions.
Rejecting the proposal for payment.
It is noted that the lease was contingent upon obtaining all necessary statutory licenses for the development of the running business, and the solicitor advises that a business cannot be legally operated without obtaining all the necessary legal licenses.
The owner of the plots 120/115 say that once you have requested a license to open, you can start running the business without having obtained the license. The community has no evidence that the Opening License has been applied for, and Mr Morans was reminded that if he operates the bar without a license it's done at his own risk, assuming that such non-compliance penalties could be imposed on the property.
The tenant said that he will look for someone to run the bar and buy all the fixtures and stock.
The community was informed of the need to reform the toilets to conform to current legislation regarding accessibility for disabled persons, which will be done as soon as the necessary funds become available.
2 ELECTION OF NEW COMMITTEE MEMBERS.
The election of new committee members, at the request of many owners at previous A.G.M, a ballot system with the names of those owners who, prior to the meeting have expressed their intent to apply, and indicating the plot number of the voter. As in the previous meeting, voting on this particular point on the agenda was made by closed ballot box was the system adopted.
Candidates who have indicated their intention to run were:
Mr P. Simpkin,
Sr. P Fulgcncio Ortno,
Mr. J. Gwynn,
Mrs. Carol McCarthy
and Sr. Alacid Pardo.
Before beginning the annual general meeting three owners expressed their desire to stand for election for the committee. They were: Mrs J. Titterton, Mrs P. Olive and Mrs. P. Ainger.
Since their names were not included on the ballot paper produced, a debate started on how to perform said voting, if voting is by ballot or by show of hands. Since the statutes do not specify a way to cast a vote, it was decided that for those candidates not included on the ballot, a vote by show of hands, while for the owners included in the ballot shall be by ballot.
Questions were asked regarding the legality of a closed vote system and a raising hands system. The Lawyer confirmed that both voting methods are acceptable and can be voted on.
VOTING BY HAND RESULTS
Mrs J. Tittcrton was elected by majority
Mrs P. Olive was elected by majority
Mrs P. Aingcr was elected by majority
VOTING BY BALLOT BOX RESULTS
Mr. P. Simpkin was elected by majority
Sr. P. Fulgcncio Ortofio was elected by majority
Mr. J. Gwynn was not elected by majority
Mrs C. McCarthy was elected by majority
Sr. A. Alacid Pardo was not elected by majority
Some owners argue about the term "majority." It's the method described in the statutes (50% -M). Nominees should obtain a majority of 63 votes to be elected.
The Community was reminded that any member of the community would be welcome to participate and help the elected committee.
3".- APPROVAL OF PREVIOUS MINUTES.
The minutes of the Annual General Meeting of 2009 were presented. No vote was taken to approval, by majority.
4".- ACCOUNTS FOR 2009.
No written complaints were received in accordance with Article 16 of the statutes. It was reported that the accounts were audited by a qualified external accountant.
The owner of Plot 464, Mrs P. Olive disagreed with these accounts, no owner agreed with the complaint made by Mrs Olive. Some owners stated that they hadn't received the breakdown of accounts despite having been sent by registered mail. A reminder was given that accounts are available to any owner in the community office. Any questions about the accounts may be submitted for clarification to the external auditor. Some owners expressed their desire to have the accounts translated into English.
Attached to the minutes are the presented accounts (annex ii)
5".- PRESENTATION AND APPROVAL OF THE BUDGET FOR 2011.
Residents were informed that the Comunidad cuota would not go up for 2011, as previously agreed at the A.G.M of 2009. It's agreed to extend the discount of 5% in annual fees to March.
Residents were informed that the utility tariffs have been reduced to 2,50 € for water and 0,19 € for electric.
We remind all residents that the price will fluctuate depending of the service providers as per agreement at the A.G.M of 2009.
All plans of works proposed were denied by majority. Therefore we will not be
1. Repairing the middle road and to have tarmac
2. Moving the children's playground
3. Creating a resident green zone / garden
4. All forms of security proposed (plot 464 proposed to breach the statutes with regards to the unanimous vote for the gates)
5. Post boxes
6. Fire Hydrants
It was agreed to contract the services of garden waste collection twice weekly, which would free up more time for the gardener and save money on diesel.
6". MODIFICATION TO PAYMENT METHODS
Residents were informed regarding the installations of the Pre-Paid electric meters. The owner of plot 429, expressed his discontent, but was reminded that he is a debtor and has not paid anyone in the last 6 years. A vote was taken for the proposal of automatically installing Pre-Paid meters for any owner who is in debt over 900,00 € on the 3 Ist of December each financial year, with the cost placed onto the owners account. The Majority of 112 votes were recorded.
The majority of residents were in agreement that all full-time residents should hae [sic] obligatory monthly utility bills.
7".- STATUTES FOR CENTURY XXI.
A unanimous agreement was reached for the idea of modifying the community statutes. The Committee, with the help of residents will be compiling a draft of possible changes, and will be presented for the A.G.M's approval at the AGM of 2011.
8".-THE POOL.
It was agreed by majority of 94 to contract the services of "Los Amigos", at the price indicated for full annual maintenance of the swimming poo! and their lifeguard service for the summer season 2011.
Therefore the pool will now be open all year round with full maintenance. The services of the lifeguard will be just for the high season, as from 15th of June to the I5th of September. Owners are reminded that outside that period community is not responsible for such use The lifeguard will be checking pool cards. The opening hours will be determined by the committee, as per previous years.
9°.- THE TOILETS AND SHOWERS.
As we previously received notification with regards to the removal of the shower blocks by an eligible owner the topic of this option was not discussed, as it requires a unanimous for approval.
10".-SECURITY.
The owner of Parcel 464 has proposed installing external security doors of the community, despite being an agreement that didn't obtained unanimous vote Proposes to approve it by a majority vote, even though it is against the statutes. It is voted, and was adopted by majority vote. All other forms of security proposals were denied.
11.-QUESTIONS AND ANSWERS
II was requested to have a full itemised monthly list for the communities' expenses.
It was agreed to freeze the account for 490, and cancel all court cases pending, after receiving confirmation in writing.
It was agreed that the fees for 418/417 will be merged and be charged as 8 plots with a house, the same for 583 / 582 will now be 2 plots with a house.
The President adjourned the meeting.
We the undersigned committee, herby certify that these minutes are a true representation of the Annual General Meeting of 2010.
A.G.M Minutes
25th September 2010
Signed by M. Taunton (president)
Shelagh Shaw
Anne Atkinson
Unknown (P.O.)
Sonia Evans
Unknown
Unknown
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