MINUTES OF THE 5TH ANNUAL GENERAL MEETING 6TH DECEMBER 2008

MINUTES OF THE ORDINARY GENERAL MEETING OF THE COMMUNITY OF OWNERS: “ SOL GOLF FASES I - II” HELD ON 6th DECEMBER, 2008
In Orihuela Costa, the Ordinary General Meeting of the Community of Owners Sol golf Fase I and II, took place at 11.00 H on 06th December, 2008. The house owners all present or represented, 50 in all, met on the second and last call, in accordance with the following schedule:
Owners of Properties:

Fase I: 5 (represented by properties 1, 2, 3, 4, 9, 11, 13, 19, 20, 24, 25, 27, 33, 34, 40, 42 of Fase I), 12 (represented by Mrs. Andy), 17, 18, 26 (represented by Mrs. Margaret Dyer), 28, 46.

Fase II: Owner of property 5 Fase I (represe properties 6, 8, 9, 10, 20, 24, 27, 31, 32, 34, 36, 40, 41, 52, 54 of fase II), 3 (representing by Andrew Edwards), 18 (representing nº 15), 22, 25 (representing nº 21, 26 and 30), 29 (representing 11, 43 and 50), 33 (representing by Andrew Edwards), 38.

The President Denise Brown, spoke first and introduced herself. She also welcomed all owners and guests and introduced the members of the Administration Company OCSI, Co Ltd., José Javier Ferrández Torres, Helene Thibaut and Salvador Solano. After this introduction, she stated she was grateful for the work carried out by the members of the Executive Committee especially the Vice President Victor who had done much for the Community and by the new administration. She pointed out, that the new Administrators were working very hard and were fulfilling all what they had promised to the President, when they were hired. They were working effectively (efficiently) as the Community expected: to record/report in detail all the accounts, introduction/description of the budgets, following up correspondence, claims of outstanding payments (to defaulters/bad debtors), etc…. She said that Sue, (Vice President) was not going to apply again for the same post, because she was now President of Phase III, which would take her full time.
After this introduction the Administrator spoke and said they were impressed by owners’ attendance, in presence or by proxy. She asked those present to follow the order of the day (as described in the agenda). She pointed out, that any matters the owners wanted to ask, discuss or talk about, which were not included on the agenda, would be discussed later in the last point called: “any other business”.

1. Discussion of previous year’s minutes. (Copies available on request)

The administrator said that according to the law, it was not compulsory to read the minutes of last year’s meeting, because these had been legally approved. At that time (last year) there was nobody against the approval of those minutes. Nevertheless, this point of the agenda has been added to the invitation, because first, the Administration has changed, and secondly, just in case there still were matters to be cleared up or someone simply did not understand something.
After this, the Administrator asked whether there were any questions. The tenant of property number 3 Phase II spoke and apologised to the President for his attitude during the meeting last year. Both the President and the Executive Committee were grateful for his gesture.
Due to lack of questions, the discussions of the agenda continued.

2. Presentation and approval of accounts 2008 (copies attached)

The Administrator said that the record of expenses had been attached to the invitation, and sent to the owners. She explained, that the first half shows the fixed Community expenses, while the second half shows the miscellaneous ones, which have been described as follows: detailed information of the bank cheques, as well as description of the items and purposes to account for payments.
The tenant of the property number 3 Fase II (who represented the owner of that property) asked about the repairs of the showers. The President explained that the showers have been repaired, because these gave a lot of trouble. There is a manufacturing fault with the equipment and is being repaired under guarantee, at no cost to the Community.
He also asked about cleaning of the gardens. The Administrator explained that some gardens are in very bad conditions. Firstly, the owner is informed of that, to allow him to clean his garden. After a period of time, the owner is informed that the maintenance Company is going to clean his garden, and the subsequent costs will be charged (covered) to/by this owner. She added that the Community pays in advance the mentioned costs (cleaning of the garden), and this expense is registered then as a debt, until it is paid by the owner. The President added that most of these costs have been repaid to date
The Administrator reminded that all owners must keep their gardens in good condition, as stated in the Community rules/statutes.
Another owner said that in his opinion the 15-day period was short. He added that 15 days wasn’t enough time to receive the letter. It was explained that it is 15 days after having received the letter (the mentioned letter is sent through registered letter/certified letter with acknowledgement upon receipt)
She asked, whether there were more questions about the expenses. Due to lack of questions, and after voting process, the expenses were unanimously approved by the owners both present and represented.

EXPENSES REPORT
(due to data protection laws this will be emailed and posted to owners)
________________________________________________________

3. Presentation of budget 2009 and approval (copies attached)

The administrator said that this budget was similar to the previous one of last year, and it has been attached to the invitation and sent to all owners.
An owner asked about the meaning of the section: “several: swimming pool”. It was explained that this item was included, because the Community of Owners have some projects to improve the Community during this year, which will be voted later on.
Due to lack of questions and comments, it was unanimously approved by the owners both present and represented.
COMMUNITY OF OWNERS SOL GOLF, PHASES, FASES I AND II
BUDGET FOR THE FINANCIAL YEAR 2008-2009


GROUP Expenses
(these will be emailed and sent by post to the owners)


The quotes for the new fiscal year (from 01/12/2008 until 31/11/2009) remain unchanged (the same). Here comes a description of the Community quotes:

QUOTES RELATED TO THE 99 BUNGALOWS: 330 €, WHICH ARE VALUED AT 300 € IF THEY ARE PAID BEFORE FEBRUARY 1ST 2009.
QUOTES FOR THE VILLAS OF PHASE I: 561 €, WHICH ARE VALUED AT 510 € IF THEY ARE PAID BEFORE FEBRUARY 1ST 2009.
IN CASE THE QUOTES AREN´T PAID BEFORE APRIL 1ST 2009, A PENALTY OF 20% (AS AN EXTRA CHARGE) WILL BE IMPOSED TO EVERY PROPERTY.

4. Presentation of debtors list and agreement to proceed with court action against the following non payers
The Administrator said that there have been changes in the list of bad debtors, which was sent with the calling The owners of properties number 38 and 39 Fase I; 7 and 49 Fase II have paid their outstanding payments.
The Administrator said that when she took charge of the Community, there was a high volume of debtors. She had reduced this volume by 75% in just one year, because she concentrated on this matter, and she received much assistance from the President to do this. She said that it was a very difficult task, due to the fact that the accounts of the previous Administrator’s were not very clear. There were many mistakes, and bank statements from long ago had to be checked, before OCSI (the new administration) could start managing the Community. Each case was carefully examined with the President. The Administrator was grateful for the Executive Committee’s support, especially from the President who could find out/identify/recognise many payments or revenues, through all the documents that she kept. Without this aid it would have been impossible.
She explained that due to many mistakes (by the previous two Administrators), it was impossible to take legal action.. There was also a risk to include owners (who had already paid) in the list of bad debtors, by going to court. The thing is that, many payments hadn’t been registered by the previous administrator.
Some owners asked about the proceedings in case of taking legal actions. The Administrator explained that several letters are firstly sent to the bad debtors (by the Administration), before taking any legal actions. The purpose is to claim the outstanding payments. In case they ignore them, the defaulters receive a letter from the solicitor’s office. Once the legal proceedings have started, the bad debtors must pay their debts, as well as the solicitor’s fees, attorney and legal interests/costs.
The Administrator reminded those present that the Community would not have to pay in advance anything to the solicitor, because there is an agreement between the Administration and the solicitor’s office. This agreement states that the fees of the solicitor’s office are paid when the trial takes place, and when the Community gets the outstanding money back. She added that only the cost of sending the burofax (approximately 12 Euro per burofax) has to be paid in advance by the Community. The burofax is a document sent to the owner, as a notice given for his information that legal actions are going to be taken against him.
The administrator asked the owners to inform the Administration OCSI of any information of bad debtors (defaulters) as soon as possible, (change of address etc,) due to the fact that, to stop the legal proceedings (once they have already started), it is required that the bad debtors face up to the legal costs. The amount of the legal costs depends on the progress of the legal proceedings, which could be valued at approximately 600 € or more.
It was unanimously decided, by those house owners present and represented, to attach to the minutes a record of outstanding payments, and send them to the defaulters. Moreover, the Administration was unanimously empowered to have recourse to the law to claim the outstanding payments, in case of non-payment of those debts five days after having been received. The Administrator was also empowered to grant powers of attorney to solicitors and attorneys to take the mentioned legal actions.
It was also unanimously agreed, that all expenses related to these legal proceedings, like: Administration’s expenses, sending of registered letters, burofax, solicitor, attorneys, etc....will be covered by the defaulter.

5.Election/Re – election of officials

The Administrator spoke then, and was grateful for the work carried out by all members of the Executive Committee, especially by the President, who had been very helpful, in order to minimise problems and make easier the change of Administration. She reminded owners that all member of the Executive Committee and the President have spent their time for the good of the Community, free of charge, trying to carry out everything in a in a proper and perfect way.
The owners present were asked whether they were satisfied with the present Executive Committee, to which they answered in the affirmative. The owners were grateful for the efforts/management tasks performed during this last year. Shortly afterwards, the Executive Committee’s members were asked, whether they wanted to remain in their posts one more year, to which they answered in the affirmative. After that, it was unanimously decided by the owners present and represented, to keep the present Executive Committee one more year. With one new addition
After this voting process, the Administrators put their post to the vote. It was unanimously approved that the Administrator will continue one more year. The Administrator was grateful to the house owners present.
President: Denise Brown, property number 5 Phase 1
Vice President: Víctor Callaghan Smith, property number 17, Phase 1
Members Ron Cain 18 Phase 2, Angie Mundeane 24 Phase 2, Neville Jackson 21 Phase 2, Janet Turnbull 24 Phase 1, and Ann Dudley 33 Phase 2
Secretary-Administrator: OCSI, represented by Mr. José Javier Ferrández Torres, Mr. Salvador Solano and Ms. Doña Helene Thibaut

Regarding the possibility of proposing other candidates for the posts in the Executive Committee, the tenant of properties number 3 Phase II pled to make it more clear in the next invitation. The President disagreed and stated it was clear, and that if any owner had wished to apply for any position there was always the option to do so, and that no owner had complained. It was agreed to highlight this choice in future callings
The Administrator explained/clarified that OCSI Co. Ltd has not signed a contract with the Community, because OCSI only works in Communities where the owners are satisfied with their work. The President of the Community Denise, said that the previous Administrator(s) did not reply/answer emails or phone calls from the owners. They only and from time to time answered to the President’s correspondence with delay. She stated she was pleased that any owner can directly contact OCSI, who usually reply by return. The Administrator pointed out that in case of doubts or proposals, the owners can send emails, letters or faxes, or simply call the office, because everybody is treated equally (both President and owners). (Due to the high volume of emails received everyday, answers in the same day can’t be guaranteed. Nevertheless OCSI always tries to reply as soon as possible).

6. Retile poolside area as quoted below. Please note this would mean we no longer require 7 or 8 but would need to increase the fee payable to Pro Pools to cover cleaning of the area to 4.3000€.

The Administrator said, that from this point of the agenda onwards, all projects (planned by the Community of Owners ) for this year will be explained in detail. As these projects are discussed, ones will be approved, and others not. After the voting process, it was approved by the majority (29 votes for) to pave the swimming pool area with anti slip tiles. It was also decided that the best one quality-price will be chosen.
Some owners asked when it would be done. The Administrator said that he would discuss with the Executive Committee, what was best time, and will try to carry it out early in 2009 to make sure that the Community pool was open when the weather improves.. Denise asked the owners for the colour, because she had brought several samples. The owners present agreed that the Executive Committee decide the colour.

7. Cover poolside area with artificial grass as quoted below Please note this would mean we no longer require 6 or 8 but would need to increase the fee payable to Pro Pools to cover cleaning of the area.

This point of the agenda wasn’t put to the vote, because point 6 was already approved.

8. Renew Contract Pool Exterior clean/antislip CompanySafety Direct Spain (as long as item 6 and 7 are not approved).

This point of the agenda wasn’t put to the vote, because point 6 was already approved.

9. Purchase items for poolside

The President spoke then, and said, that these proposals had been included in the agenda, at the request of some owners.
a) Straw parasols. It was approved by the majority, with 30 votes for, and 19 votes against.
b) 2 pergolas. It was approved by the majority with 31 votes for and 19 votes against. .
c) Sunloungers. It was approved by the majority, with 34 for, and 17 against.
d) Stone seating. It was approved by the majority, with 35 for, and 16 against.
e) Stone Table. It was approved by the majority, with 30 votes for and 21votes against.

The Administrator said, that he would examine with the Executive Committee, where to place/install all what has been approved, taking also into account the space. All agreed that the Executive Committee has to do what it is more convenient for the Community.


10. Contract for drain clean and cockroach eradication every six months

The Administrator said that this point had been added (to the agenda), due to the problems during this last summer. She said that every time there were infestations caused by cockroaches, the President contacted the Administrators who contacted the Town Hall in order to send the Company in charge of fumigation works, to fumigate the lids/covers of the public sewer system. It was also said that it would be a good option to directly hire the maintenance service of this Company for the internal walkways. This Company is usually in charge of fumigating the drains located in the public streets. In this way, they could even carry this work out at the same time to be more effective, If in the case the Community seeks another Company, only the Community drains would be fumigated.
She reminded owners that it hadn’t been included in the budget for the financial year: 2008-2009, because after talks with several neighbours, the majority of the people were against. Therefore, in case of approval, this kind of work would only be carried out provided that the Community has enough funds. All agreed (with 47 votes for) to fumigate the Community small drains, when it is necessary.

11. Change date of A.G.M.
It has been proposed to change the date of December to hold the assembly, and arrange it earlier. It has been proposed to change the date to the third Saturday of September. so that as much owners as possible can attend the assembly.
Mr Edwards tenant of no 3 said that the date depends on the fiscal year. The Administrator explained that the accounts can be closed any time, and it isn’t necessary to wait until December 31st to close them, due to the fact that the Community is not a Company. Regardless of when the A.G.M. is held next year, the record of expenses (sent to the owners) will include all operations in the account dated from 01/11/08 until the date when the invitation to attend is sent. Therefore, the record of expenses will be sent on that date. The Administrator stated that it does not matter when, but it is better not to hold the assembly on December 6th, like this year, due to the fact that it is national day in Spain..
The Administrator said that these two dates had been included in invitation, because no one had proposed other dates. The tenant of property number 3 Fase II pled to vote also for February, due to the fact that there are holidays in the United Kingdom. It was agreed to take into account this month, in spite that some owners did not agree, because the flight tickets are expensive at that time. Both the President, and Vice President stated that they had no opinion on the matter as they were both resident and were happy to go along with the wishes of the majority of owners. After these explanations, and after voting process, it was approved by the majority of the owners, to keep September 19th 2009 (33 votes for) to hold the assembly , and only 14 votes for December and no votes for February .

12) The signs on Sol Golf were a temporary measure as we were unsure at the time if the name Sol Golf would remain. The proposal is to replace the now fading signs and replace them with tiled name and numbers for both phases

The President explained that the final/ultimate name of the Community had been approved. Therefore, it had been proposed to place some tiles with the name of the Community, so that it was easier for people to find it.
This matter was putt to the vote, which was unanimously approved, provided that the Community had enough funds. The owner of 29 phase 2 asked for these to be at either end of the walkways and after explaining the complicated numbering system the President agreed that if this was within the budget it would be applied.

13) Repainting of water/other meter cupboards on the urbanisation

The President said, that this point had been included, because some doors of the above mentioned meters are in bad conditions. The tenant of 3 phase II wanted to know whether this matter was Iberdrola’s or Aquagest’s responsibility. The administrator said not.
Some owners asked if the neighbours could do it by themselves. The Administrator said yes, but she would only allow payment for the materials (used for painting), not for the labour. The Administrator was grateful for the volunteers due to the fact that the Community can save money.
After these explanations this matter was put to the vote, which was approved by the majority (there were only 4 votes against) .

14) Purchase and fixing of 2 anti dog fouling signs one on each phase

It was approved by the majority of the owners present, provided that the Community had enough funds.

15) Permission once again from the Community of owners to employ security guards for the pool area on a temporary basis if needed 2009 (not needed 2008 but thank you for your support over this matter).

Regarding the security guard for the swimming pool and in case it was necessary during next summer; the President explained that she had asked for support once again from the Community of Owners . She said that it wouldn’t be necessary to hire this service, if everyone co-operates to make sure that the rules are respected, as it has happened this year. Since asking for help last year this had made more owners aware of the problems occurred and she thanked owners who had helped out this year, making the need for security unnecessary
It was said, that the President, the Executive Committee, as well as any owner are authorised to reproach those who don’t behave properly in the Community, and who don’t respect the rules. The owners were asked to directly rebuke those who don’t behave correctly, and not complain to the President, because she is not the Community’s police,
It was approved by the majority of the owners present (34 votes for, and 16 votes against), to hire a service , in case it was necessary during next season.

16) Any other business.

The administrator spoke then, and informed all owners that from now on, all costs related to bank transfers and cheques, will be covered by the owners. For example, if the annual Community quote of a property is valued at 330 €, and the owner transfers this amount, but due to transfers costs the Community bank account only receives 325,15 €, the 4,85 € left to be paid will be considered as an outstanding payment, and will therefore be claimed. The Administrator said that it was better to pay through bank direct debit, which hasn’t any kind of commissions, in order to avoid the above mentioned problem.
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The Administrator (Salvador) explained that the Community has a current bank account in BBVA bank, as well as an investment /mutual funds. He explained the interest on the account is very low. He said that he had asked the Banco Popular regarding the amount of 7.000 € that the Community has invested in the mutual funds. Banco Popular would have granted a 5% TAE (Annual Percentage Rate, APR), which would yield 46 € as monthly income, taxes deducted. Through the above mentioned mutual fund, the Community has only earned 240.00 € this year, compared with the 550€ the Community would have earned through Banco Popular´s proposal. Moreover, the Community would have the possibility to have access and use the (mentioned) funds any time without cancellation fees.
The Community should examine/look into, whether it is worthwhile or not to change the fund, the current account, or just one of them, or simply nothing. OCSI had explained this matter to the President, but she thought it was better not to change the bank in total, due to the fact that BBVA was nearer the Community, and the Community had changed banks before. The Administrator said that the Community had to decide if the mentioned proximity of BBVA was worth paying approximately 100,00 € per year as bank commissions. The nearest Banco Popular, proposed by the new administrator, is in Cabo Roig. Furthermore, Banco Popular does not charge any commissions to the bank accounts of the Community, as negotiated with the Administration.
The Administrator added that BBVA will cancel the commissions of the bank transfers. Therefore, the Community has saved 100 € per year . The owners present agreed to let the Executive Committee decide what is best for the Community in such cases. Regarding the current account, the Administrator asked the owners to contact the Administration in writing (fax, e-mail or letter), explaining their opinion about whether they wanted to go on with BBVA bank or to choose BANCO POPULAR . The President said that she was happy to move the savings and payments out element of Community money but that she felt that changing the bank in total should be left to owners to vote on at the next A.G.M.
Some owners complained about the advertising that is in the letterboxes. The administrator said, that some special letterboxes (only for advertising) will be bought.
Some owners asked about the blue plates that the Town Hall has installed. It was reported that the ultimate way of delivering the post between the Post Office and the Town Hall is now being examined. All owners will be informed of this as soon as possible.

Note: We inform all the owners that they will have to use the following address as 01/01/2009:

The address will have to be as follow:

Full name of owners
C/ …………….., ……. – Pta “property number”
03189 Orihuela Costa (Alicante)

Please see herewith the street of each block

Sol Golf Fase I:

Owners of properties1, 2, 5, 6 will be on Calle Tosca, 2 – Pta “property number”
Owners of properties9 y 10 will be on Calle Nabucco , 4 – Pta “property number”
Owners of properties3, 4, 7, 8, 13, 14, 17 y 18, will be on Calle Tosca, 5 – Pta “property number”
Owners of properties15, 16, 19, 20, 23, 24, 27 y 28, will be on Calle Tosca, 7 – Pta “property number”
Owners of properties25, 26, 29, 30, 39, 40, 41, 42 will be on Calle Tosca, 9 – Pta “property number”
Owners of properties11, 12, 21 will be on Calle Nabucco 6 – Pta “property number”
Owners of properties31, 32, 35, 36 will be on Calle Nabucco 8 – Pta “property number”
Owners of properties33, 34, 37, 38, 43, 44, 45, 46, 47 will be on Calle Nabucco 10 – Pta “property number”

Sol Golf Fase II:

Owners of properties1, 2, 5, 6 will be on Calle Aida, 7 – Pta “property number”
Owners of properties9, 10, 13, 14 will be on Calle Aida, 9 – Pta “property number”
Owners of properties3, 4, 7, 8 , 25, 26, 29, 30 will be on Calle El Barbero de Sevilla, 9 – Pta “property number”
Owners of properties27, 28, 31, 32, 33, 34, 37, 38 will be on Calle El Barbero de Sevilla, 7 – Pta “property number”
Owners of properties35, 36, 39, 40 will be on Calle El Barbero de Sevilla, 5 – Pta “property number”
Owners of properties41, 42, 43, 44 will be on Calle El Barbero de Sevilla, 3 – Pta “property number”
Owners of properties45, 46, 47, 48 will be on Calle El Barbero de Sevilla, 1 – Pta “property number” Owners of properties49, 50, 53, 54 will be on Calle Tosca, 4 – Pta “property number”
Owners of properties51, 52, 55 will be on Calle Tosca, 6 – Pta “property number”
Owners of properties19, 20, 23, 24 will be on Calle Tosca, 8 – Pta “property number”
Owners of properties11, 12, 15, 16, 17, 18, 21, 22 will be on Calle Tosca, 10 – Pta “property number”

We remind you that you will need to inform all your contacts of this change of correspondence (Telefónica, Iberdrola, Aquagest, insurance….).We recommend you to contact with the Urban Department of the Orihuela Costa Town Hall in case of any doubt.

It was pointed out, that more bins have many times been (in writing) claimed from the Town Hall. It usually takes time, and the Town Hall do not always grant it, but the Administration will keep on asking.
An owner asked about the T.V problem. The Administrator said that there is nothing clear yet. Nevertheless, it seems that the only option to have access to T.V is through the satellite ASTRA. Regarding this system, there are some difficulties like for example: the wires/cables must be in good conditions, and there shouldn’t be anything that blocks the signal. The Executive Committee will be informed as soon as there is more information about it.
Some owners asked about the building works that are being carried out in the Community. The Administrator did explain that neither they or the President gave authorisation and reminded the process to follow to proceed with legal building:
1º) You must ask permission in writing to the surroundings owners and to the ones the work may affect.
2º) Apply to the Town Hall for an authorisation to proceed with the building,.
3º) Owners have to include the request for the building on the agenda of the calling of the next AGM, explaining with details what it is requested, with this agreement, the one from the neighbours and the one from the Town Hall the building will then be legal. If you do not respect this process anyone at any time can denounce you to the Town Hall or to the court asking the remove of the building. Another owner stated that asking the Community and neighbours was essential to good manners.

The owner of 29 phase II asked about the possibility of changing the entrance to the pool to allow disabled access. The Administrator said that while not ideal the current access does comply with the law. Denise said that the matter would be looked into and quotes obtained for the next A.G.M.

Once all points of the agenda were discussed, the Administrator and the Executive Committee were grateful for house owner’s attendance. The meeting was adjourned at 12.45 h.


The Administrator (By order of the president)