MINUTES OF THE ORDINARY MEETING OF THE COMMUNITY OF PROPERTY OWNERS “PLAYA FLAMENCA X”
In Orihuela Coast on the 24th October 2017 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 21 assistants to the meeting 11 in person, 21 represented by proxy vote, and 2 application forms received; the meeting was declared officially constituted and all agreements adopted by the majority of those present will be considered obligatory.
List of original assistance signatures and proxy attached to the original Book of Minutes.
Mr. Tony Mayes, the President, welcomed everybody, and offered individual soft drinks paid for by the Community. Translation in Spanish was provided by the Administrator and German translation by an interpreter.
First point of the Agenda:
GOVERNING COMMITTEE INTRODUCTION-PRESIDENT REPORT:
It was reminded to all owners that a report was sent to all by @mails together with the voting form Agenda, and a second copy was delivered into each the Community bank letter boxes.
Welcoming all present, Mr Mayes said he had now been in office for three years and, with the valuable assistance of the committee had successfully transformed this community from being one of the worst managed in the area with some of the worst problems and being to all intents and purposes bankrupt, to one of the best run, and from one of the highest in terms of community charges to one of the lowest. Not only that but once again there were no financial reasons to raise charges this coming year and the community now had in excess of 15,000€ in the bank which represents a substantial reserve fund.
Mr Mayes also proposed a vote of thanks to Cliff Jones for his work in operating the community website. Agreed unanimously.
Second point of the Agenda:
APPROVAL OF THE ACCOUNTANCY PERIOD 2016-2017”
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.
Is was pointed out that this year the community ended with a surplus of 15.861.-€ at the Bank account, after being paid all the invoices and carried out all the repairing and improvements passed at last AGM 2016.
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 4 votes against, as follows:
GENERAL ACCOUNT BALANCE 2016-2017 (PERIOD: FROM 01.09.16 UNTIL 31.08.17)
***OPENING BALANCE ( at 01.09.16)……………………………..
Opening Balance SABADELL BANK 10.447,62.- €.
Opening Petty Cash 200,00.-€. 10.647,62.-€.
***CLOSING BALANCE (at 31.08.17)………………………………
Closing Balance SABADELL BANK 15.661,33.-€.
Closing Petty Cash 200,00.-€. 15.861,33.-€.
***TOTAL INCOMES (at 31.08.17)…………………………………..
45.566,67.-€.
***UNPAID FEES (at 13.09.17)…………………………………………. 12.214,59.-€.
***TOTAL EXPENSES…………………………………………………….. 40.352,96.-€.
– Electricity………………………………………… 2.019,39.
– Water……………………………………………… 2.409,30.
– Pool & Garden maintenance…………….. 8.640,00.
– Administration Rates………………………… 5.053,92.
– Post & Copies………………………………….. 100,11.
– Bank expenses…………………………………. 304,10.
– Improvements-unforeseen-repairing.. 16.454,53.
– Community Insurance……………………… 5.335,13.
– President Expenses………………….. 36,48.
ACCOUNTANCY GENERAL SUMMARY EXERCISE 2016-2017
OPENING BALANCE + INCOMES – EXPENSES = CLOSING BALANCE
(10.647,62.-€.) + (45.566,67.-€. ) – (40.352,96.-€. ) = (15.861,33.-€.)
BILLS WAITING TO BE PAID PERIOD 2016-2017
· Administratión August.17………………………………… ………………………421,16.-€.
· Pool Monitor August.17……………………………………………………1.274,13.-€.
TOTAL…………………………………………………….……………………………..………..1.695,29.-€.
The third point of the Agenda, was then opened:
“IMPROVEMENTS AND WORKS TO BE ADOPTED FOR 2017-2018 “.
Explained that additional notes were sent to the owners with the Agenda, from the Governing Committee .
1.-Painting of two disabled parking bays.
Explained that there are two residents who need to have designated parking spots close to their homes because of their disabilities. The proposal is to have lines painted on the road to section off two designated parking spots. The President explained he had now received further information that any registered disabled person with a blue badge could apply for a designated parking place and this could be provided on the Urbanisation without the need for road painting so there would be no community cost. Approved unanimously to agree in principle for designated parking places for disabled community owners as near as possible to their homes.
2.-Waste paper bin
A resident suggested a litter bin placed near the letter boxes so that unwanted advertising material can be placed there rather than thrown onto the road as is often the case now. Explained that maintenance company will be responsible to clean them. Several complaints regarding that why owners are not able to empty their letters boxes and take the publicity, flyers, etc.. to be placed at their own home rubbish instead of throwing it onto interior roads. Finally unanimously approved to
install a bin and another at the end of the northern community road where market rubbish is blown.
3.-Drainage channel in second road
Explained that during the years parts of this road have sunk so that when it rains large puddles develop, one completely across the road. The proposal – if it is practical to do so – is to cut a metal covered 9cm channel along the centre of the road so that water flows into this and towards the passageways which naturally act as drainage during rains. Cost maximum 3,000 euros. Proposal was finally passed by the majority of those present and proxies, with the exception of 5 votes.
4.-Pool supervisor. The AGM was asked to consider the employment of a pool supervisor in summer 2018. This year the supervision took place between 11am and 5pm and during those hours the pool rules were observed for most of the time. However, between 5pm to 9pm there were problems and owners were forced to step in to try to stop ball games taking place and various noise problems. One particular incident involved two teenagers taking a lifebelt from the wall, hanging it over the shower pillar and using it as a basketball target. On another occasion a toddler was seen wandering unsupervised in the pool grounds. The cost 4,500 Euros approximately. Owners report that immediately the supervisor leaves the noise levels noticeably increase. Proposal was finally passed by the majority of those present and proxies, with the exception of 5 votes. Several complaints were manifested by some owners regarding the need or not of this service, as problems came during the hours that the monitor of the pool was not contracted, and the cost of 11am to 9pm maintenance would be prohibitive. Finally it was agreed unanimously not to contract this service for next summer 2018. The President suggested that pool rules and community rules should be re-sent to all owners in the new year, stressing the need for owners to ensure that they, their relatives/friends and renters should observe the rules and respect neighbours. Agreed unanimously.
5.- Closing of one pool during the winter time
The President explained that this suggestion had come from an owner, but consulting this with the maintenance contractor (Gabor), there would be no financial saving, and probably more expense, as it would be necessary to refill with new water, to pay for more determinate chemicals, etc.. The proposal was unanimously refused by all those present.
6.-Proposal and items that were not included at the Agenda, but some owners proposed after:
a) Painting of the northern balustrade: The proposal was approved by the majority of those present with the exception of 3 votes against it.
b) Painting of the electrical / water boxes meters: The proposal was approved by the majority of those present with the exception of 1 vote against it.
c) New draining system around the garages, as suggested by Technical Architect report of Architect 88. After long discussion it was unanimously agreed to go ahead, as this was necessary to avoid future problems of water penetration or damage of structural walls of garages. Unanimously agreed to refer this to the committee to determine the extent of the works needed and the cash contribution forthcoming from the garage community.
The fourth point of the Agenda was opened:
APPROVAL OF THE GENERAL BUDGET OF EXPENSES 2017-2018.
Governing Committee and the Administrator recommend to keep the same Community Fees and to maintain the contingency reserve for emergency Community use only. This proposal was unanimously approved.
COMMUNITY FEES 2017-2018
The rule of applying a discount to all owners who paid, both semesters of their fees by the following due dates, will be enforced:
1st SEMESTER HALF FEE DUE ON THE 31 DECEMBER 2017.
ONLY OWNERS WHO PAID BEFORE THE 31ST DECEMBER 2017 will receive the discount.
2ND SEMESTER HALF FEE DUE ON THE 31 MARCH 2018. ONLY OWNERS WHO PAID BEFORE THE 31 MARCH 2018, will received the discount.
Owners who pay by direct debit, will be charged on the 5-12 December 2017 and on the 6-12 March 2018, therefore, Please ensure you have enough funds available in your – Bank account, in order to avoid rejections and surcharges of delaying payments. Also reminder that the notification of rejection of direct debited Community charges is an obligation of each owner by checking his individual Bank account, or subsidiary from his own Bank to notify directly the owner.
NEW FEES FOR 2017-2018 LIST:
The fees are the same as previous account period , as follows:
COMMUNITY ACCOUNT NUMBER: SABADELL BANK:
IBAN: ES06 0081 1461 1100 0104 3010. SWIFT CODE: BSABESBB
Item seventh :
COURT ACTION AGAINST DEBTORS BY THE ADMINISTRATION.
The following report was given in written to the owners by the Administration:
LIST OF OUSTANDING FEES AT 24 OCTOBER 2017
The Administrator explained that her Lawyer had recovered the following debts:
DEBTS RECOVERED DURING 2016-2017: …………….4.179,17.-€.
It was approved unanimously to keep publishing the list of debtors every month at the notice board. And to continue presenting Court Actions against those important debtors, giving enough legal power to the Administrator and her Lawyers.
Also ratified that all costs derived from the cleaning abandoned private gardens, previous notification, will be charged to the owner of the house, who infringes this internal rule.
The president proposed a vote of thanks to the administrator for the successful execution of debt recovery this year. Approved unanimously.
The fifth point of the Agenda was opened:
“ELECTION OF THE GOVERNING COMMITTEE AND SECRETARY-ADMINISTRATOR”
The Administrator and meeting gave a vote of thanks to all Governing Committee members, especially to Tony Mayes, and Mr. Norman Brunt giving of their free time and efforts employed to solve the conflict with Garages.
New volunteers were invited to offer their services and finally the following were elected after each pertinent voting:
PRESIDENT: MR. TONY MAYES-BUNG.1728.
VICE-PRESIDENT: HEIKE SCHUG-BUNG 1786.
VOCALS: MR.NORMAN BRUNT-BUNG. 1760
MRS. ESTHER CARRIE TUCKER –BUNG.1721.
MRS. 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 laying of paving in the western pool from the northern gate to the pool and from the shower to the pool so users do not have to walk across grassed areas to access the water. (Estimate still awaited) Unanimously agreed subject to funds being available – likely because of the earlier decision not to have a pool supervisor in 2018.
2.-Installation of speed limits or Sleeping Police at the road. Finally approved to explore installation of signs on poles or painting 10kmh on roads.
3.- It was asked if it was necessary Fire alarm installation at Garages: It was explained that the regulations required fire extinguishers (which were provided) but not fire alarms.
4.- Installation of Fiber Optic: Informed that some companies are offering this installation to Communities, but it was some problem when installation as the conduits of telecom are located at Garages and some of them are closed. This matter will be reviewed by the Administrator and Lawyers as garages have the obligation to give access for Communal infrastructures.
5.- Some complaints regarding the market on Saturdays occupying interior Community streets access, this matter will be brought to the Local Police and town hall in Orihuela coast.
And there being no further matters raised, the meeting was closed at 16:50 pm. of the same day; transcribing the present minutes as the Secretary-Administrator of the Community, on the 15th of Nov