1
MINUTES OF THE ANNUAL GENERAL MEETING CODAD. PROP. RESID. LOS PALMITOS 3 MOJACAR PLAYA – ALMERÍA
Location: Cafetería El Zoco, Mojácar (Almería). Date & Hour: 18th May 2016 – 17:00 h. – Second Call. Meeting Called By: President, Mr. Ian Seddon. Spanish/English Simultaneous Translation: Mrs. Zakía Saidí. Asistentes:
OWNERS PRES. REPR. PROP. % QTA. REPRESENTED BY
LUIS MIGUEL VALERO CARRILLO X 02 2.46
MICHAEL ALBERT BREEN X 04 2.46 PETER GRAHAM BOYCE
PATRICIA ELLEN PATEMAN X 06 2.46 IAN SEDDON
GILIAN VERENA CRAWFORD X 07 2.46
IAN SEDDON X 09 2.70
ANTHONY TAYLOR X 11 2.46
WILLIAN JAMES BROWN X 20 2.37
MAÑAS PEREZ, S.L. X 28 2.37 LUIS MIGUEL VALERO
KENNETH JOHN MALLABONE X 29 2.75
PETER GRAHAM BOYCE X 36 2.37
TOTAL: 7 3 10 24.86
Agenda:
1.‐ Reading of the Minutes of the Previous Meeting. 2.‐ Report by the Committee: Actions Performed and Pending Matters. Study and Approval of
the Accounts Covering Period 2015/2016. 3.‐ Study and Approval of the Forthcoming 2016/2017 Period Budget. 4.‐ Outstanding Community Fees and Action to be Taken. 5.‐ Election of Officers. 6.‐ Study and Approval, for Loose Cats Problem and Solution: Complaint to Court Against
Owners Acting in Opposition to the Statutes and Rules. 7.‐ Private Dishes Report: Owners and theirs Responsibilities. 8.‐ Any Other Business.
1.‐ READING OF THE MINUTES OF THE PREVIOUS MEETING. The minutes of the las AGM(1) (13/may/15) are summarized, did not feel that it needed to be modified in any way.
2.‐ REPORT BY THE COMMITE: ACTIONS PERFORMED AND PENDING MATTERS. STUDY AND APPROVAL OF THE ACCOUNTS COVERING PERIOD 2015/2016.
Indicating that the accounts are being published on the web page of the community, also distributed to all the assistants in a printed format document at the meeting, including copy of summary of accounts and economic balance(1), containing expenses and income, deviation of budget, yearly overall results, comparison of previous years expenditures, balance of situation, pending receipts, graphics and proposal of the budget for 2016/2017. ____________________________________________________________________________________________________ (1)[copies to download/print, published on community web page].
2
The Administrator, Mr. Luis Miguel Valero (K7 GRUPO INMOBILIARIO MOJÁCAR®), summarizes the agreements approved in the previous minutes and those which were fulfilled:
a) Clotheslines: internal rules(1) we distributed under the doors of all the apartments at the beginning of the summer, as agreed, in order to prevent residents from hanging the laundry on the main terraces (lounge) so it is exposed visibly outside the housing (art.3 Internal Rules(1)).
b) Pool: cleaning, replacement and repointing inside the main vessel and splash; resin coating overprinted with wood effect beaches; adequacy of showers with same material; and installation of Led interior lights. Work financed with the reduction obtained in the painting last year.
c) Compensation Costs: compensation of the overspending water consumption (774.92 Eur) due to the pool maintenance staff error, against payments for such maintenance.
d) Grant TDT: successful request of the subsidy that the state was offering for the necessary
adaptation of the system for receiving terrestrial TV signal (700.00 Eur.).
e) Indemnity Insurance: request accepted for the compensation required to Community insurance, motor breakdown and change of the automatic garage door blq.2 (549.34 Eur). and general sewerage blockage blq.1 (181,00 Eur.).
Mr. Peter Graham Boyce (Apt.36) explains that he has checked invoices and receipts, and certifies that the accounts are properly documented, the summary of accounts is detailed and explained. The increased water consumption(2) noticed, according to the study done by the Committee, appears to be due to a water breakdown occurred in the gardens of blq.1 and overwatering, together with an increase in water consumption pool whose reasons are unknown. s for the result of the exercise, it is observed that incomes adjust to the expenses, having to maintain current fees to cover the annual budget of regular expenses. Through voting, all the property owners and representatives, agree unanimously to approve the accounts.
3.‐ STUDY AND APPROVAL OF THE FORTHCOMING 2016/2017 PERIOD BUDGET. The proposal of the Committee is to keep up with the same budget as last year, which does not vary the income fees. After the study and debate of the items which make the total Budget of ordinary expenses for the next economic exercise, is approved by unanimity what follows: ____________________________________________________________________________________________________ (1)[copies to download/print, published on community web page]. (2)[document enclosed to the e‐document and original of the minute].
3
BUDGET EXPENSES 2016/2017
REPAIRS & MAINTENANCE 4.000,00 Eur.
POOL MAINTENACE 2.599,08 Eur.
GARDENING 4.356,00 Eur.
CLEANING 4.356,00 Eur.
EXTRA POOL 500,00 Eur.
EXTRA GARDEN 300,00 Eur.
TV SIGNAL SYSTEM MAINT. 200,00 Eur.
FIRE‐EXTINGUISHER MAINT. 320,00 Eur.
ADMINISTRATION SERVICE 5.299,80 Eur.
COMMUNITY INSURANCE 1.900,00 Eur.
ELECTRICITY SUPPLY 2.200,00 Eur.
WATER SUPPLY 2.750,00 Eur.
OTHER EXPENSES 300,00 Eur.
ADMINISTRATIVE EXPENSES 200,00 Eur.
FINANCIAL EXPENSES 120,00 Eur.
OBLIGATORY CONT. FUND 1.370,086 Eur.
TOTAL(3) : 30.770,96 Eur.
Mr. Boyce (Apt.36) indicates that, as approved at the previous meeting, he has collected budget for garden maintenance and cleaning maintenance.
That after several meetings with the current maintenance managers, and in order to bring solutions to the problems of the lawn, in the pool area and around the area blq.1, no dedication and interest to correct them has been observed, and the grass replanted with typology of the area required by the Committee in areas where it has dried. Changing the maintenance services of gardening and cleaning is agreed unanimously, hiring for six months renewable Jardinsur, and after meeting with the Committee to achieve a logical reduction in water consumption. Those present propose and agree to remove the bolts that lock the gates in the blq.1, as it has been detected that are slide without closing the door to prevent closing, leaving the complex opened to outsiders; and install indicative signs of closing the doors after use. Finally, and like previous years, it is ratified by unanimity: the fees payments, quarterly the ordinary, and in advance the ordinary and extraordinary in the first 5 days of each period (art. 13 of the statutes(1)); and the sanction, a 10% extra charge for those who default what is previously mentioned (art. 13 of the statutes(1)). 4.‐ OUTSTANDING COMMUNITY FEES AND ACTION TO BE TAKEN. It is approved by unanimity the following defaulters list, including the 10% penalty according to the statutes art. 13(1), at 31st March 2016: ____________________________________________________________________________________________________ (1)[copies to download/print, published on community web page]. (3)[attached are annual and quarterly fees for each item].
4
ELEMENT OWNER PENDING
APT.01 ANTONIO SANCHEZ CANOVAS 1.094,42 Eur. APT.10(4) RONALD PATRICK BACON 56,.76 Eur. APT.16(5) MARIUS NARIUNAS 209,97 Eur. APT.32 LIZ CULLEN 904,53 Eur. APT.38 DAVID GEORGE KELLY (herederos) 2.375,50 Eur. APT.40(6) MATEO CAPAROS BIAGETTI 5.960,99 Eur. GAR.16(6) PROMOC. CAÑADA DE AGUILAR, S.L. 950,37 Eur. GAR.21(6) PROMOC. CAÑADA DE AGUILAR, S.L. 971,97 Eur.
TOTAL: 12.314,54 Eur. The homeowners previously indicated have been informed before the present Assembly. It is agreed by all the present and represented owners, to send notification to all in claim to the debts, of which these minutes are a valid form of notification and in the case of not proceeding to finalise a payment in 10 days the total debt will be put in to hands of the law, for which the President has the power to enforce these actions in name of the community, also giving power of attorney to file lawsuit. 5.‐ ELECTION OF OFFICERS. The President handles the officer’s positions to the assistants, requesting any volunteers for them. It is proposed and approved, by unanimously, the next Committee: PRESIDENT: IAN SEDDON (Apt.09). VICEPRESDENT: WILLIAN JAMES BROWN (Apt.20). AUDITOR: PETER GRAHAM BOYCE (Apt.36). VOCAL_1: GILIAN VERENA CRAWFORD (Apt.07). VOCAL_2: KENNETH JOHN MALLABONE (Apt.29). VOCAL_3: MICHAEL ALBERT BREEN (Apt.04). SECRET./ADMINIST.: LUIS MIGUEL VALERO (K7 GRUPO INMOBILIARIO MOJÁCAR®). All members from the Committee thank one more year to thank the confidence deposited on them. 6.‐ STUDY AND APPROVAL, FOR LOOSE CATS PROBLEM AND SOLUTION: COMPLAINT TO COURT
AGAINST OWNERS ACTING IN OPPOSITION TO THE STATUTES AND RULES. Mr. President, Mr. Ian Seedon (Apt.09), takes the word and exposes all the complaints received in recent years, they were already exposed last year where control, capture and relocation of cats was agreed. Mr. Vicepresident, Albert D. Michael Breen (Apt.04) was in charge of the management and supervision, but there is no information of such management. The problem remains the same than years ago, although there was an initial unsuccessful attempt because of the opposition to catches by residents of blq.2 as indicated by both the pests control company as well as the P.A.W.S. protective member contacted. ____________________________________________________________________________________________________ (4)[owners who have made payments after the closing of the financial period and prior to the present meeting]. (5)[elementos que han devuelto recibos domiciliados posterior al cierre y antes de la celebración de la presente asamblea]. (6)[properties that have a lawsuit filed against them demanding payment of the amounts due].
5
All the complaints from the owners point to the behavior of the residents of the house owned by Mrs. Gillian Verena Crawford (Apt.07) present in the Assembly and member of the Committee. The vertical wall of the rear terrace is dirty because of cats accessing, it contrasts sharply with the rest of the complex white painted recently. Mrs. Crawford (Apt.07) reports that she only has 3 cats, and the rest are coming from nearby Complexes and she's not feeding those cats. While those present indicate that the rest of the cats likely visit the complex looking for the food of her cats, and when females are in heat. All those present agree that the rules of the community (art.2 & art.10)(1) must be respected as well as the mandatory municipal ordinance on tenure and protection of animals (art.18)(1) which requires that all pets such as dogs and cats have a microchip, proposing the following agreement: « Hiring an animal control company in order to catch loose cats in the common areas of the complex, taking cats captured to the local police for the reading of the mandatory microchip, and take the corresponding financial complaint against the owner for a total amount of expenses incurred by the capture (in addition to the fine imposed by local laws). In case the animal does not have the microchip take it to the veterinary clinic or company for ownerless animals for slaughter.» The proposal is approved unanimously. 7.‐ PRIVATE DISHES REPORT: OWNERS AND THEIRS RESPONSIBILITIES. No information was received regarding budgets and possible solutions for the installation of a satellite signal receiving Sky, by Albert D. Michael Breen (Apt.04), who proposed and was responsible for it. A study of the private installations(2) has been made and the current status of the cover of blq.1 and 2 with photographic reportage, which is provided to those present now, which clearly shows the incorrect setting (directly on the ground through the asphalt and waterproofing of the roof) of many dishes (belonging to the properties nº 07, 16, 17, 18, 23, 28, 30, 31 and 36); and wiring installed by the facades contravening the art.6 of internal rules(1), and also set incorrectly (stapling puncturing the waterproof layer of the cover). The owners of these irregular facilities, in case they cause prejudice to different owners or the community (damp, accidents, etc, ...), would respond directly for any damages and economic damages that may arise. Those presents and represented remember that you cannot install anything in public areas and cover without the required authorization of the Community, or failing Committee, bringing it through the Administration office. In case the corresponding request is not made in the office of the Administration, Mr. Administrator is empowered and urged to forward to the local police immediately and stop any installation being carried out without express written permission. ____________________________________________________________________________________________________ (1)[copies to download/print, published on community web page]. (2)[document enclosed to the e‐document and original of the minute].
6
8.‐ ANY OTHER BUSINESS. Requests and questions: Attendees can express what they consider appropriate, but no issue or question arise. End of the session: 19:15 hours. The President, The Secretary/Administrator, (signed) Mr. Ian Seddon. (signed) Mr. Luis Miguel Valero. Note: The English translation of this document is as true and faithful to the original as is possible but in the event of any conflict of meaning
between the two languages, the Spanish wording shall prevail being that of the actual and original instrument.
7
Presup. Ord. 2016/2017: 30.770,96 €
Propiedades Cuota (%) Total Año Trimestre (1/4) Properties Quota (%) Total Year Quarter (1/4)
01 2,460 756,97 € 189,24 € 02 2,460 756,97 € 189,24 € 03 2,460 756,97 € 189,24 € 04 2,460 756,97 € 189,24 € 05 2,460 756,97 € 189,24 € 06 2,460 756,97 € 189,24 € 07 2,460 756,97 € 189,24 € 08 2,460 756,97 € 189,24 € 09 2,700 830,82 € 207,70 € 10 2,460 756,97 € 189,24 € 11 2,460 756,97 € 189,24 € 12 3,180 978,52 € 244,63 € 13 3,250 1.000,06 € 250,01 € 14 2,460 756,97 € 189,24 € 15 2,460 756,97 € 189,24 € 16 2,700 830,82 € 207,70 € 17 2,750 846,20 € 211,55 € 18 2,960 910,82 € 227,71 € 19 2,300 707,73 € 176,93 € 20 2,370 729,27 € 182,32 € 21 2,300 707,73 € 176,93 € 22 2,370 729,27 € 182,32 € 23 2,300 707,73 € 176,93 € 24 2,370 729,27 € 182,32 € 25 2,300 707,73 € 176,93 € 26 2,370 729,27 € 182,32 € 27 2,300 707,73 € 176,93 € 28 2,370 729,27 € 182,32 € 29 2,750 846,20 € 211,55 € 30 2,960 910,82 € 227,71 € 31 2,300 707,73 € 176,93 € 32 2,370 729,27 € 182,32 € 33 2,300 707,73 € 176,93 € 34 2,370 729,27 € 182,32 € 35 2,300 707,73 € 176,93 € 36 2,370 729,27 € 182,32 € 37 2,300 707,73 € 176,93 € 38 2,370 729,27 € 182,32 € 39 2,300 707,73 € 176,93 € 40 2,370 729,27 € 182,32 €
G16 0,265 81,54 € 20,39 € G21 0,265 81,54 € 20,39 €
100,000 30.770,96 € 7.692,74 €
30
17
18
29
3136
32
25
34
3725
21
202339
40
¿?
¿?
10
¿?
11
04
0614
11
¿?
¿? ¿?
08
16
07
¿?
¿?¿? 46
52
3
1
18
17
21
20
23
25
29
30
31-36 34
32
35
39
¿?
40
07
06-1408
04
16
11¿?1
10
¿?4¿?2
¿?3¿?5
¿?
¿?6