MINUTES OF THE ORDINARY MEETING OF THE COMMUNITY OF PROPERTY OWNERS “PLAYA FLAMENCA X”
In Orihuela Coast on the 21th October 2016 the ANNUAL GENERAL MEETING took place at the Chinese restaurant Golden City, close to the Residential; in second call at 14:30 pm. as there was not the minimum assistance in the first call at 14:00 pm, which is determined in the law, opened by the President according to the art.15 of the law 49 dated to 21st of July 1970 and its modifications, law 2/1988, the 23rd of February about Horizontal Property.
Being a total of 56 assistants to the meeting 19 in person, 37 represented by proxy vote, and 2 application form received; the meeting was declared officially constituted and all agreements adopted by the majority of those presents will be considered obligatory.
As some owners were asking the checking of the proxies voters; we include you the detailed list of assistants and proxies received as follows:
Mr. Tony Mayes, the President, welcomed everybody, and explained that individual soft drinks will be paid by the Community, translation in Spanish was provided by the Administrator.
First point of the Agenda:
GOVERNING COMMITTEE INTRODUCTION-PRESIDENT REPORT:
It was remained to all owners that a report was sent to all owners: by @mails together with the voting form Agenda, and a second copy was delivered into each the Community bank letter boxes.
Also Mr. Mayes red the following new report at the AGM:
“Your community continues to be managed by the collective decision making of a committee which means I can draw on the expertise of a group of people with a wealth of knowledge from their working lives and who are now giving their time willingly and freely for the benefit of the community.
I therefore offer my sincere thanks to the committee for all their help and advice.
Although being the basis of my agreeing to become President at the AGM in 2014there are a few owners who seem unwilling to accept or simply reject the principles of collective decision making or of my delegating responsibility to those I consider can best serve the interests of our community.
I would remind those owners thatit is these exact principles that averted what could have been a catastrophic court case and which over the past two years have steered our community through the most challenging times it has ever had to contend with.
As a result collective management of our community will remain in place for as long as the community supports my Presidency.
I would like to thank those committee members who continue to deal with these specific issues and those who have done an excellent job dealing with matters that have arisen in my absence during the summer months.
On behalf of the committee I would like to thank Sonia our community Administrator for her ongoing support and valued advice which is greatly appreciated.
The following is a summary of issues which your committee has dealt with during the past year.
- As voted for at the 2015 AGM maintenance work to two central walkways and the walkway around the east pool area was completed at the agreed cost.
- For several months some owners have had to put up with the totally irresponsible behavior of people renting a property on Playa Flamenca 1X. There have been various meetings with their governing body, Denuncias have been taken out by owners on our community most affected and the guardia civil have been involved on numerous occasions. I am pleased to report however that the owners have regained the property so it looks like the matter has been finally resolved. The problem has however highlighted the importance of ensuring properly licensed rentals on our community and the committee intends to review this further.
- Grouting within the east pool failed and has had to be completely replaced to avoid the worsening situation of having to replace tiles. It was necessary to complete this work or the pool would have had to be closed over the summer months. The cost was 1580 €. Other works voted for at the 2015 AGM have had to be deferred and will be carried forward to 2016-2017 – these relate to an enclosure for the post box and a new shower cubicle in the west pool.
- As you have all been made aware we have negotiated the best ‘blanket’ insurance policy for our community with AXA and the same criteria is being adopted by the Garage Community to ensure as far as possible that there is no discrepancy in cover.
- We have continued our feral cat neutering and spaying programme with several cats having been taken to the Vet for treatment. Special thanks is necessary to Robert Bellin who has accepted the responsibility for catching the cats and to those owners who have volunteered to take them to the Vet for treatment. The process we are adopting of spaying/neutering and vaccinating healthy cats and maintaining a controlled feral cat colony is the universally accepted solution and the committee has decided this important programme should be paid for from community finances rather than by donations through street parties, raffles etc. Any such donations in the future will go towards paying for small community improvements.
- We have experienced an issue regarding an owner trying to sell their property. Any extension requires the approval of the community governing body but it is clear that there may have been cases in the past where such approval has not been asked for and therefore not granted. If and when this becomes an issue during the normal legal searches associated with a house sale the committee has decided it will sanction approval retrospectively where appropriate.
- A fibre optics provider has installed a service along Calle NicolasBussi therefore giving access to our community if required and several owners have successfully taken advantage of this. To date there have been no major issues in providing the service to individual properties but this can differ from property to property so if there are any significant enabling works involved these should be reported to the committee for approval.
- Certain owners continue to be inconvenienced by one owner insisting on regularly feeding the feral cats and therefore attracting the colony to one particular property where they are breeding. Immediate neighbors have taken out Denuncias but the owner refuses to acknowledge the problems and damage being caused and the Committee are reviewing what further action can be taken to resolve this unacceptable situation.
- We still have the problem of an owner refusing to repay the community an amount of 2886€ for repairs to their patio in the context of overall repair works carried out in 2015. Our only option has been to lodge the debt with the court otherwise we risk not being able to recover the debt.
The process in place to deal with maintenance measures and make improvements to community areas is for the benefit of everyone and has a direct influence on the value of our individual homes. We have requested that everyone offers suggestions for maintenance they consider is needed or improvements they would like to see, contacting myself or any committee member by 30 September 2016 so that they can be properly costed for discussion and agreement at the AGM.
We have retained the same AGM Agenda format as last year incorporating explanatory notes.
I would ask that owners respond to this information either to myself or Sonia (Administrator) before the AGM and by the required date of 15th October 2016.
We cannot guarantee that comments or questions received after that date will receive a response and they will not be discussed at the AGM. This is to allow the necessary time for translations and to formulate proper responses as well as ensuring we make the best use of the time available at the AGM – we only have a two hour time slot”.
MATTERS ARISING: Feral cats. After a long debate it was agreed unanimously to ask the administrator to assist the owners surrounding casa 1758 owned by Ms Marian del Pilar Guerrra Fuentes in translating complaints regarding the extensive feeding of feral and semi-feral cats resulting in nuisance to neighbours and to send complaints to police, the local council and sanitary departments. It was also unanimously agreed to send a final warning letter to the owner to cease the extensive feeding of cats and to instigate legal proceedings against her is she does not end the public nuisance.
Extensions to properties. It was unanimously agreed that glass and aluminium extensions to properties built on the community in the past and up to the date of this year’s AGM be deemed to have community approval. But this approval does not extend to brick-built extensions which still need community approval.
Second item:
GARAGE COURT CASE INFORMATION”
Reminded that a complete detailed report (written by Mr. Rob Wise ( Vice-president of Garages and Vocal of this Community) as follows:
“At the time of the AGM 2015 agreed repair works to solve water leakage into the garages had been completed but the formal discontinuation of the court case had not been achieved. The outstanding issue was our belief that one of the four patios cited as needing to be repaired was not in fact causing leaks. Water testing proved this and the patio was removed from the court action.
I am pleased to report therefore that discontinuation of the court case was achieved earlier this year so there is no longer a legal responsibility on our community or individual owners.
The guarantee period for the completed repair works is due to expire on 31 May 2017.
In terms of expenditure the situation remains as reported last year –resolution of the fifteen year dispute and the court case (including all technical and legal fees) was achieved at a cost of 245€ / owner.
Repairs and the associated costs to three patios was the responsibility of the individual owners although our community had a legal obligation to complete this works in the event of default by any them. We had to fulfil that legal obligation by instigating and paying for repairs to one of the patios – the cost being 2,886 € – otherwise it would not have been possible to discontinue the court case and our community would have risked being in contempt of court. The owner in question refuses to reimburse the community for this expenditure so our only recourse has been to lodge the debt with the court to recover the money and place a legal charge on the property.
The GC Surveyor’s Report which identified the repair works to be carried out also confirmed that at the time of the report (2012) there was no evidence of any loss of structural integrity as a result of the water damage over many years but recommended this should be monitored in the future.
It has been agreed by both communities therefore that a structural review will be carried out in early 2017 and at intervals in the future as recommended by professional advice. The costs for structural reviews will be split 50/50 between our community and the garage community – any necessary future repair costs will be split 78/22 as the Escritura.
On that basis and the fact that to date there is no record of any structural damage to properties over the garages we have made a full declaration of the situation in negotiating a new Insurance Policy with AXA which represents the best ‘blanket’ cover it is possible to obtain for ALL owners.
Our community policy is now in place and the Garage Community policy will be renewed in November using exactly the same criteria and AXA agent to ensure as far as possible there are no discrepancies between the two policies.”
Third item:
APPROVAL OF THE ACCOUNTANCY PERIOD 2015-2016”
The Administration informed that the following community documentation was delivered to the letter boxes of the Residential (with more than 6 days before the AGM date, according to Art. 17 of HPLaw), translated in Spanish, English and German.
It was also explained that the President was given a complete detailed Account Book, before sending the balances to the owners, and that any owner would be welcome to come to the Administration office in order to ask further account details, before any AGM, previous appointment.
It was asked if the Garages paid their 60.-€ per month for the electricity consumption, as it was agreed previous years ago.
The Administration answered that not yet, as she was waiting a meeting with the Administrator of Garages to treat this and another points pending. Also clarified that an electric meter reader was installed at the Garages(for a cost of 170.-€) to check the real consumption and then up-dated their amount of payments.
After a few clarifications and answering to some owners questions regarding the accounts, the Balances were approved by the majority of those present, with the exception of 6 votes against, as follows:
GENERAL ACCOUNT BALANCE 2015-2016
(PERIOD: FROM 01.09.15 UNTIL 31.08.16)
| ***OPENING BALANCE ( at 01.09.14)……………………………..
Opening Balance SABADELL BANK 6.195,90.- €. Opening Balance Sabadell repair garages fees 743,59.-€. Opening Petty Cash 200,00.-€. |
7.139,49.-€.
|
||||||
| ***CLOSING BALANCE (at 31.08.16)………………………………
Closing Balance SABADELL BANK 10.447,62.-€. Closing Balance Sabadell repair garages fees 0,00.-€. Closing Petty Cash 200,00.-€. |
10.647,62.-€. | ||||||
***TOTAL INCOMES (at 31.08.16)…………………………………..
|
39.694,88.-€. | ||||||
| ***UNPAID FEES (at 19.09.16)…………………………………………. | 13.787,85.-€. | ||||||
| * Nº 1732…………….. | 428,90. | * Nº 1756 | 366,36. | ||||
| * Nº 1763…………….. | 6.747,36. | * Nº 1765…………….. | 607,92. | ||||
| * Nº 1768 (Private patio repair water filtration) |
2.886,00. |
* Nº 1776…………….. |
510,06. |
||||
| * Nº 1782…………….. | 1.457,45. | * Nº 1786…………….. | 783,80. | ||||
| ***TOTAL EXPENSES…………………………………………………….. | 36.186,75.-€. | ||||||
| – Electricity………………………………………… | 2.994,12. | ||||||
| – Water……………………………………………… | 2.229,34. | ||||||
| – Pool & Garden maintenance…………….. | 9.360,00. | ||||||
| – Administration Rates………………………… | 5.475,08. | ||||||
| – Post & Copies………………………………….. | 196,00. | ||||||
| – Bank expenses…………………………………. | 328,84. | ||||||
| – Improvementes-unforseens-repairings.. | 12.919,53. | ||||||
| – Community Insurance……………………… | 2.637,88. | ||||||
| – President Expenses………………….. | 45,96. | ||||||
ACCOUNTANCY GENERAL SUMMARY EXERCISE 2015-2016
| OPENING BALANCE | + | INCOMES | – | EXPENSES | = | CLOSING BALANCE |
| (7.139,49.-€.) | + | (39.694,88.-€. ) | – | (36.186,75.-€. ) | = | (10.647,62.-€.)
|
BILLS WAITING TO BE PAID PERIOD 2015-2016
- Administratión August.16………………………………… …………………..421,16.-€.
TOTAL…………………………………………………….……………………………..………..421,16.-€.
Item fourth:
OVERALL REVIEW OF COMMUNITY INCOME AND EXPENDITURE.
Also the following document comments regarding accounts, by the Governing Committee was sent to all owners:
The costs for new works are best estimates – actual costs will be advised at the AGM if available.
Nett opening balance 10,000.00
Anticipated income from ordinary fees 2016-2017 40,000.00
Total 50,000.00
Reserve fund (5% of 40,000) 2,000.00
Contingency fund (as at September 2016) 4,000.00
(This will increase to 6,000 at September 2017)
ACTUAL FUNDS AVAILABLE FOR 2016 – 2017 44,000.00
Required annual community expenditure 30,000.00
FUNDS FOR IMPROVEMENTS AND REPAIRS 2016-2017 14,000.00
Works brought forward from 2015-2016
New shower enclosure for west pool 2,500.00
Priority Works
Repairs to east end of north walkway (78%) 2,500.00
Professional fees for structural review (50%) 500
Supervision of pools (July & August) 3,000.00
Maintenance of west pool hedge 750.00
Maintenance of west pool steps 500.00
AVAILABLE BALANCE 4,250.00
OWNERS SUGGESTIONS
Repairs to post boxes 500.00
Resolving previously repaired central road 8,200.00
It has been the committee’s aim over the last two years to build up a reserve + contingency fund which has been neglected in previous years. This presently stands at 6,000 € (as above) and will increase to 8,000 € by the end of year 2016-2017.
The committee considers the aim should be to retain reserve funds in full and limit community expenditure to within the 14,000 € available for year 2016-2017. On that basis community fees can remain as they are without the need to be increased.
Item fifth:
APPROVAL OF THE APPOINTMENT OF A STRUCTURAL ENGINEER.
As referred to in DOCUMENT NO 2 both our community and the garage community have made a commitment to have regular reviews carried out to ensure the integrity of the garages structure is maintained.
We have sought professional advice and the review will comprise the following.
- A visual inspection of all open garage areas and accessible garages.
- A visual inspection of all accessible structural columns and ground and ceiling slabs.
- Tests as considered necessary to determine actual moisture content of concrete.
- A detailed examination of any observable cracks which may involve:
-A review after six months and thereafter to determine any worsening effect.
-Opening the structure to review the status of local reinforcement bars.
- Calculations to confirm that the natural ventilation facilities comply with building regulations.
The cost of the review will be about 1,000 € and will be split 50/50 between both communities.
This will be covered by a formal agreement between our community and the garage community signed by both Presidents and Administrators. The agreement shall require that any recommended remedial work is carried out without question and the cost of such work shall be split 78/22 as the Escritura.
The agreement cannot be revoked by either community without the consent of the other.
The first review will be carried out during the early part of 2017 and subsequent reviews will be scheduled as determined by professional advice.
After a large discussion regarding the terms of this inspection, the Administrator proposed that as all these details are technical matters, the best logic to solve any controversy should be that both engineers or architect (the one contracted by the Communities and the other one contracted by the affected part (Bung.***) were present the day of this inspection. This proposal was unanimously approved.
Point 6th of the Agenda:
IMPROVEMENTS AND WORKS TO BE ADOPTED FOR 2016-2017.
The following information was sent to all owners , previous to this AGM:
A)WORKS CARRIED FORWARD FROM 2015-2016
1.-New shower enclosure for the west pool at a budget cost of 2,500 €.
Objections were raised that an enclosed shower area might obscure children in the pool from supervising adults. It was unanimously agreed to modify the scheme with a smaller shower structure.
B)PRIORITY WORKS FOR 2016-2017
1.-There is a water leak from the east end of the north walkway into a garage below. We have an obligation to repair this in conjunction with the garage community. The estimated cost is 3,000 € of which we will pay 78% – 2,500 €. Approved unanimously.
2.-In conjunction with the garage community we have to appoint a Structural Engineer to carry out a review of the garage structure. The estimated cost is 1,000 € of which we will pay 50% – 500€.
Approved by all of those present but 1 vote against.
3.- Pool Monitor in summer :The committee is of the opinion that the time has come to address the problems experienced every year by our community during the summer months. These essentially centre around the misuse of the swimming pools so the proposal is to employ a pool supervisor with the responsibility of opening and closing the pools and ensuring that community rules regarding their use are adhered to. This will ensure that all owners and visitors can enjoy the facilities as intended. A supervisor will be employed during July and August at a cost of about 3,000 €. Unanimously approved.
4.-We have taken professional advice and the hedge around the west pool requires significant trimming and additional reinforcement. The estimated cost is 750 €.Unanimously approved.
5.-The steps into the west pool need to be repaired at a cost of about 500 €. Unanimously approved.
6.-There is an ongoing problem with certain street lights which flicker prior to coming on permanently. This has been reviewed by an Electrical Contractor and the cost to solve the problem will be in the order of 500 €. Unanimously approved too.
7.- It was reported to the meeting that before the 2017 season the western pool will have to be re-grouted. It was also reported that there were minor tiling repairs in the eastern pool which could be included in the contract. Overall estimated cost 2,500 euros. Unanimously agreed.
c)OWNERS SUGGESTIONS
1.-CENTRAL ROAD REPAIR: Repairs carried out under the previous Presidency have proved to be unsuccessful. In short the surface (wearing) course is essentially paint and initially failed. A ‘different’ paint has been applied by the original contractor at no cost to the community and time will tell whether this is successful or not.
Certain owners consider that the present situation remains aesthetically unacceptable.
Meetings to discuss the problem have taken place with Sonia our Administrator and the original contractor. The committee have considered the available options and proposals and consider that the only acceptable long term solution is to re-asphalt (tarmac) the whole of the road from Calle de Nicolas Bussi down to the swimming pool.
The lowest estimate we have is 6,780 € +VAT (21%).
Finally agreed that several quotes will be prepared for next AGMK, to vote and organize the payments in several accounts periods.
COMMUNITY POST BOXES:It has been suggested by some owners that the community should pay to repair damaged post boxes and replace missing numbers.
The committee’s view is that the maintenance of post boxes is the responsibility of individual owners.
That said the cost for repairing damaged doors / boxes, and renumbering all boxes is about 500 €.
Unanimously approved too.
Item eight:
“ELECTION OF THE GOVERNING COMMITTEE AND SECRETARY-ADMINISTRATOR”
The Administrator and the present gave a voter of thanks to all Governing Committee members, specially to Rob Wise and Tony Mayes, regarding their free time and efforts employed to solve the conflict with Garages.
Explained that a detailed system of nomination voting form to these charges were sent to all owners with the Agenda. New volunteers were asked too, and finally the following candidates were elected after each pertinent voting:
PRESIDENT: MR. TONY MAYES-BUNG.1728. (Unanimously approved)
VICE-PRESIDENT: MR. NORMAN BRUNT-BUNG. 1760.(Approved by majority but 6 votes against))
VOCALS: MR. ROBERT BELLIN –BUNG.1717. “.
- ROBERT WISE-BUNG.1788. “.
- RONALD G. THOMPSON-BUNG.1781. “.
MRS.DICKONS-BUNG.1727. “.
- JOS WHITEHOUSE, CASA 1764
Regarding the charge for the SECRETARY-ADMINISTRATOR, it was approved by all those present (but exception of 3 votes) to reelect the same Administration firm SOCIEDAD EUROPEA ADMINISTRADORA VALDIVIELSO & CALERO S.L., represented by Mrs. Sonia Ciruelos Valdivielso, with social address at C/ Caballero Rodas, 25-3ºB in the center of Torrevieja. Customer’s hours attention from Monday to Friday from 10:00 am to 13:30 pm.
It was agreed that the Governing Committee will have monthly meeting themselves and then a report will be send to the Administrator, prior sending any general reports to the rest of the owners.
And finally the last point of the Agenda:
ANY OTHER BUSINESS
1.-The administrator reported she had met the administrator of the garages community and had agreed the release of money to both communities following the conclusion of the court process to repair leaks into the garage areas.
2.-The president introduced Cliff Jones who had agreed to create a website for the community. This would contain all community information and will be available to all owners in due course. A draft had been presented to the committee which was agreed this would be a most useful place for owners to get all available information in one place.
To buy the domain name and three years use will be some 350 euros and thereafter a minimal annual cost. It was unanimously agreed that the community thanks Cliff Jones for his offer and agrees the expenditure.
And there being no further matters raised, the meeting was closed at 15:50 pm. of the same day; transcribing the present minutes as the Secretary-Administrator of the Community, on the 2th of November 2016; undersigning my-self with the previous conforming of the President.
Signed: Signed:
The President The Administrator
- TONY MAYES. MRS. SONIA CIRUELOS VALDIVIELSO.
