MINUTES OF THE 4TH ANNUAL GENERAL MEETING OF THE COMMUNITY SOL GOLF I & II, DATED FIRST DECEMBER, TWO THOUSAND AND SEVEN
The A.G.M. held in the The Havana Bar, in Villamartín, Orihuela Costa, on the first of December two thousand and seven took place on second call at 10:30 as there was not sufficient quorum for the first call.
The A.G.M. was called by the President, Mr. John Stephenson. At the annual general meeting the following property owners were present or represented.
PRESENT OR REPRESENTED PROPERTY % REPRESENTED BY
Mr. HEDGES DWELLING 1, F.1 2,110 DENISE BROWN
EDWARD PICKFORD DWELLING 2, F.1 2,110 JOHN STEPHENSON
DENNIS DAY DWELLING 3, F.1 2.110 DENISE BROWN
HELEN ANN PETERS DWELLING 4, F.1 2,110 DENISE BROWN
JOHN STEPHENSON DWELLING 5, F.1 2,110 PRESENT
PIERRE SIDNEY SEECHIM DWELLING 8, F1 2,110 DENISE BROWN
LORRAINE ARCHER DWELLING 9, F.1 2,110 JOHN STEPHENSON
ADRIAN JAMES DWELLING 10,F.1 2,110 JOHN STEPHENSON
ROSALYN THOMAS DWELLING 11,F.1 2,110 JOHN STEPHENSON
MIKE MCKEE DWELLING 12,F.1 2,110 REP. NO VÁLIDA
FRIEDA DOCKX DWELLING 13,F.1 2,110 JOHN STEPHENSON
JOHN PICKERING DWELLING 16, F.1 2,110 DENISE BROWN
VICTOR CALLAGHAN SMITH DWELLING 17, F1 2,110 PRESENT
TONY & CAROL ANDREWS DWELLING 18, F1 2,110 PRESENT
FRANCIS GIBSON DWELLING 20, F1 2,110 ANDY GIBBONS
JANET TURNBULL DWELLING 24, F.1 2,100 PRESENT
DANIEL GALLIMORE DWELLING 25, F.1 2,110 LIAM MCDONALD
CAROL PRICE DWELLING 32, F.1 2,110 DENISE BROWN
INA PRETSALL DWELLING 33, F.1 2,110 JOHN STEPHENSON
RACHEL AYLETT DWELLING 34 F.1 2,110 LIAM MCDONALD
SHARON GRANT DWELLING 40, F.1 2,110 LIAM MCDONALD
JOHN PROCTOR DWELLING 42, F.12,110 JOHN STEPHENSON
ANDREW DAVIDSON DWELLING 46, F.12,110 PRESENT
MR. GREGORY DWELLING 01, F.21,820 DENISE BROWN
ANN DUDLEY DWELLING 03 F.21,820 PRESENT
MARTIN GARFOOT DWELLING 04, F.21,820 DENISE BROWN
ALAN FERGUSON DWELLING 06, F.2 1,820 JOHN STEPHENSON
MICHAEL STEPHEN IWANKCO DWELLING 08, F.2 1,820 DENISE BROWN
MICHAEL JOHN DOWNES DWELLING 09, F.2 1,820 DENISE BROWN
DUNCAN JAMES McCALLUM DWELLING 10, F.2 1,820 DENISE BROWN
LESLIE BEALE DWELLING 12, F.2 1,820 LIAM MCDONALD
BRIAN NEVILLE COLE DWELLING 16, F2 1,820 PRESENT
JEFFREY STANLEY GORDON DWELLING 19,F.2 1,820 DENISE BROWN
PAUL PHILLIPS DWELLING 20,F.2 1,820 JOHN STEPHENSON
DAVID FISHER DWELLING 24,F.2 1,820 PRESENT
DENNIS DIXON DWELLING 25,F.2 1,820 PRESENT
PHILIP WAINWRIGHT DWELLING 26, F.2 1,820 CHRISTINE DIXON
HILARY WHITE DWELLING 28, F.21,820 PRESENT
WILLIAM JAMES MCDONALD DWELLING 29, F.2 1,820 PRESENT
ROBERT BACON DWELLING 30, F.2 1,820 CHRISTINE EDWARDS
ANN DUDLEY DWELLING 033 F.21,820 PRESENT
EDWIN MARTIN DWELLING 34, F.2 1,820 DENISE BROWN
MAXWELL DEAN SHARMAN DWELLING 36,F.2 1,820 DENISE BROWN
JULIE OWEN DWELLING 38, F.2 1,820 DENISE BROWN
RICHARD JONES DWELLING 40, F.2 1,820 JOHN STEPHENSON
ERIC WATSON DWELLING 41, F.2 1,820 JOHN STEPHENSON
RAYMOND BLENKINSOP DWELLING 42, F.2 1,820 LIAM MCDONALD
KEITH LEWIS DWELLING 47, F.2 1,820 DENISE BROWN
SHERRALEE WADE DWELLING 48, F.2 1,820 DENISE BROWN
JAMES DICKINSON DWELLING 50, F.2 1,820 LIAM MCDONALD
JOHN LAWRENCE HEALY DWELLING 52, F.2 1,820 REP. NO VÁLIDA
CRAIG LEE HIGGINS DWELLING 53, F.2 1,820 DENISE BROWN
ANN JONES DWELLING 54, F.2 1,820 DENISE BROWN
JAMES ALEXANDER DWELLING 55,F.2 1,820 DENISE BROWN
Once the vote had been confirmed, the meeting began based on the following agenda:
READING AND APPROVAL OF THE PREVIOUS MINUTES.
The minutes from the previous general meeting, dated 1st December 2006, were read and approved unanimously.
1. PRESENTATION OF ACCOUNTS AND DISCUSSION OF BUDGETS 2007/2008.
The correspondence to the fiscal year that started the 1st November 2006 and ends on 31st October 2007 was explained and discussed and is indicated below;
Initial Balance on 1st October de 2006 _________________ 18.549,68 €
EXPLANATION OF THE BALANCE:
INCOMES
COMMUNITY FEES (CLAIMED) 30.720,00 €
SURCHARGES 1.981,17 €
CLEANING GARDENS 1983, 60 €
DEBTORS LETTERS 108,00 €
CLEANING PRIVATE POOL (PHASE I, Nº 1) 200,00 €
TOTAL INCOMES ___________________________________ 34.992,77 €
EXPENSES
ELECTRICIAN REPAIRS 839,00 €
WATER 806,05 €
ADMINISTRATION FEE 9.513,34 €
VAT 2.388,91 €
ELECTRICITY 2.759,72 €
POOL MAINTENANCE 4.907,60 €
ADMINISTRATION FEES 5.197,52 €
NON-SLIP 1.047,00 €
PEST CONTROL 700,00 €
CANAL PRINT 185,00 €
EXPENSES
(DRAIN CLEAN, STREET CLEANS, PLANTERS, INK, PAPER etc) 450,00 €
POOL REPAIR 326,00 €
VARIOUS 3.590, 35€
INSURANCE 1.825,31 €
BANK CHARGES 111,34 €
TOTAL EXPENSES 28.639,62 €
BALANCE (Initial Balance + Incomes – Outgoings) 28.902,83 €
Some owners asked for clarifications on specific items, which were answered by the administrator and the President. The problem of debtors was raised and it was explained that this was a problem for all urbanisations and that although there were still debtors, this was less than previous years and the President was active in reducing this further. The Administration pointed out that to have more than 8,000€ in the bank at the end of the year was a position that many Communities would wish for as most are in arrears. The President also stated that the accounts are available at all times at the offices of the Administration for inspection by any owner.
After several questions, the Budget was approved Unanimously.
2. THE PROPOSED NEW COMMUNITY CHARGE 1ST DECEMBER 2007 TO 31ST NOVEMBER 2008 WILL BE €330 AND WILL REMAIN THE SAME I.E. €300 FOR PAYMENTS RECEIVED BEFORE 1ST FEBRUARY 2008 FOR THE 99 APARTMENTS. AND THE PROPOSED NEW COMMUNITY CHARGE 1ST DECEMBER 2007 TO 31ST NOVEMBER 2008 WILL BE €561 FOR THE 2 VILLAS PHASE 1 AND WILL REMAIN THE SAME €510 FOR PAYMENTS RECEIVED BEFORE 1ST FEBRUARY 2008. and THE EXISTING PENALTIES OF 20% WILL BE PAYABLE ON PAYMENTS RECEIVED AFTER 1ST APRIL 2008. This proposal was passed with a vote of 52 owners in favour and one 12 phase 2 against
3. RESIGNATION OF CURRENT JOHN STEPHENSON AND THANKS FOR HIS HARD WORK OVER THE LAST THREE YEARS.
The President declined to be elected again. There has been many letters phone calls and emails thanking John and he wishes to thank everyone for their kind words.
4. ELECTION OF AUTHORITIES. PROPOSAL AND VOTES
There were two nominations for President, Denise Brown who obtained 44 votes and 9 against. Votes against Denise Brown were owners of properties 34 & 40 phase 1 & 3, 12, 29, 30, 33, 42 & 50 phase 2 The other nominee was William McDonald, getting 9 votes and 44 against from owners in favour of electing William (Liam) McDonald were owners of properties 34 & 40 phase 1 & 3, 12, 29, 30, 33, 42 & 50 phase 2 against were all others listed above either present or by proxy.
At the time of the vote was explained to Mr. McDonald by the Community solicitor that the voting delegate from Mr. Healy and Mr Mackee, were not valid as they did not authorise anyone to stand proxy in their absence.
During the decision of the Authorities, tenant of dwelling 3, Fase II, after arguing strongly with Denise Brown, did abandon the meeting because he did not agree with the system of voting. Owner of dwelling 3 and 33 left the meeting at this point also. Votes for no 3 and 33 and proxy vote for 30 then fell under Spanish Law to be in agreement with the majority
After voting, the authorities elected are;
President DENISE BROWN
Vice President VICTOR SMITH
Vice President 2nd SUSAN DAVIDSON
Committee RON CAIN, JANET TURNBULL, ANGIE MUNDEANE AND NEVILLE JACKSON
5. ELECTION OF SECRETARY-ADMINISTRATOR
It was decided to not re-elect the company Fincas Network as the secretary- administrator. The majority vote of 38 votes was to contract the service from ORIHUELA COSTA SERVICIOS INMOBILIARIOS S. L. Votes against were 9, 20, 24, 42, phase 1 & 10, 12, 25, 29, 34, 42, 48, & 50 phase 2.
7. RENEW EXISTING CONTRACT OR EMPLOY A NEW COMPANY FOR THE SWIMMING POOL MAINTENANCE.
It was voted not to renew the contract of Juan Rafael (Ray), and to contract the service from Pro Pools.
In this moment, before the vote, Mr. McDonald decided to leave the meeting, as he considered his votes and representations had not been considered and took into account, which was not the case as they had been counted up to this point. Following his departure under the Spanish Law the vote for his own dwelling 29 phase 2 and the proxy votes held by him for 25, 33, & 40 phase 1 and 12, 42, & 50 phase 2 were deemed to be in favour of the majority.
The proposals where put up for a vote, and the service from PRO POOLS, were approved unanimously by 52 votes against this change was one owner 24 Phase 1
8. RENEW CONTRACT POOL EXTERIOR CLEAN/ANTI SLIP COMPANY
Before voting, Mr. McDonald did abandon the meeting because he said that his votes weren’t heard.
Proposal approved unanimously. Against this were owners of 10 phase 1
9. RENEW THE CURRENT INSURANCE COMPANY OR CONTRACT ANOTHER ONE.
Several estimates were looked into, and the best Company for the Community is Liberty Seguros, this is the only one with information in English. A discounted insurance policy is offered by this Company to all owners on phases 1 & 2. The proposal was put up for a vote, and was approved unanimously.
10. APPROVAL, IF AGREED, TO GROUT THE EDGE OF THE SWIMMING POOL.
The proposal was put up for a vote, and was approved unanimously.
11. CHANGE THE SHOWERS IN THE COMMUNAL POOL TO AUTOMATIC STOPS
It is proposed to contract Pro Pools for this work before the Easter season.
Proposal was approved unanimously.
12. APPROVAL, IF AGREED, TO SET UP A PAINTING FUND (INCREASE THE COMMUNITY FEE WITH 50€ PER PROPERTY)
The proposal was put up for a vote, and voted in favour by the majority, and 21 votes against. It was however, decided that this matter needing looking into in greater depth as it was a great concern to many owners and that their opinions needed to be sought, and other alternatives considered. Votes against 1, 2, 5, 8, 10, 17, 18, 24 phase 1 & 1, 4, 6, 8, 16, 25, 26, 28, 34, 38, 53, & 55 phase 2
13. PAYMENT, OR A SET AMOUNT OF EXPENSES FOR THE INCOMING PRESIDENT.
It was voted by the majority not to set a payment to President. It then was voted, with the majority vote in favour and non against to pay the President her expenses and this the meeting was told would be kept at the minimum cost to the Community
14. APPROVAL, IF AGREED, TO INCREASE THE CLEANING OF THE POOL DURING THE SUMMER MONTHS (INCREASE THE COMMUNITY FEE 55 EUROS PER PROPERTY AND YEAR).
The proposal was put up for a vote, and was voted unanimously, to not accept the proposal. This matter was looked into with several pool Companies who all stated that is was not needed as if the pool is cleaned properly, the current cleaning schedule is more than adequate.
15. DISCUSSION OVER THE CREATION OF GATES AT EACH END OF THE COMMUNAL WALKWAYS AND QUOTES FOR THIS WORK TO BE OBTAINED DURING 2008 IF ENOUGH OWNERS SHOW INTEREST IN THIS PROPOSAL.
The Item wasn’t discussed because not enough owners were interested in it. Those owners who voted for the discussion (5) were 17, & 33 phase 1 & 25, 41 & 47 phase 2
16. APPROVAL, IF AGREED, TO CHANGE THE DATE OF THE ANNUAL GENERAL MEETING.
Two owners (54 & 55 phase 2) wished to change the date of the meeting. This was considered not to be enough and as one owner stated whatever the date of the meeting there is always going to be reasons why owners can not attend. Voted against by the majority vote.
17. DUE TO THE ONGOING PROBLEMS IN THE COMMUNITY POOL, THE EMPLOYMENT OF SECURITY ON A TEMPORARY BASIS AT THE POOL IN THE HEIGHT OF THE SEASON.
The meeting heard that problems had once again been had at the swimming pool during the summer, by different owner’s guests and tenants. The proposal was to employ the Company on a temporary basis with as little cost to the Community as possible to keep all in place and guarantee that all owners can enjoy the swimming pool; it was put to vote, and was approved with 38 votes in favour, and with 10 votes against. The votes against came from 3, 4, 9, 20, phase 1 & 6, 19, 25, 34, & 55 phase 2. The proposal was therefore approved by the majority. It was also commented on by those present that if the abuse and language at the beginning of the meeting was an example of what the Officials had to endure then some form of protection was well called for and sanctioned.
The President fixes the date for the 5th AGM on the Sixth December 2008, at 10:00 am on first call, and 10:30 am, on the second call, at a venue to be announced.
And with no other matter to be discussed, the President finalised the meeting at 12:30, 1st December 2007, closing the minutes with the signature of the President and the Secretary.
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