Meeting Minutes

MINUTES THE ANNUAL GENERAL MEETING OF THE COMMUNITY OF THE OWNERS "Residential Las Palmeras, Manzana 1" located in the municipality of Orihuela - Costa, Alicante. CIF:H53596847 In 07/09/2024

In Orihuela Costa, Alicante, 10:00 am 07th of Sept. 2024, ", convened by the President, gathered for the Annual General Meeting of the Owners "Residencial Las Palmeras Manzana I", under the presidency of Archie Burner.

Owners                                                              Property No 1.

 Jose Luis Fraile Garcia                                   1D Rep. Archie 

4. Ana Perez Gutiérrez 4 Pre. 3. Lucette Angele Emilia Piette 9 Rep. Archie 4. Peter & Sandorn Nagy 13 Rep. Archie 5. Natalia Rebrova 15 Rep. Archie 6. Marie Forsberg 18 Pre. 7. Joanna Sparkes 19 Pre. 8. Marie Anne L Decamp 22 Pre. 9. Patrick Y Helen Joy Queally 29 Pre. 10. Olga Chubakina 31 Rep. Archie 11. Oleg Chubakina 32 Rep. Archie 12. Gerd W & Liena G. E. Schröder 35 Pre. 13. James & Mary Loretta English 36 Rep. Archie 14. Rosmarie Malig Geb.Molzahn 37 Rep. Archie 15. Saeed Miralimohammadi & Mahnaz Razavi 38 Rep. Archie 16. Lene Heidi Rejnholdt Laustsen 40 Pre. 17. Adam Wolfgang & Andrea Albrecht 41 Rep. Archie 18. David Herat 43 Rep. Archie 19. Anthony John Dalton 45 Rep. J. Sparkes 20. Micheal Schwantes 46 Rep. Archie 21. Graham & Linda Ann Parkinson 47 Pre. 22. Paul Jeffery & Margaret Rimmer 48 Pre. 23. John J. Smith 49 Rep. Hutton 24. Jean Armand Ypersiel 54 Rep. Archie 25. Malcolm John & Susan Nesbitt 56 Rep. Archie 26. Harold John & Joan Sutton 57 Pre. 27. Albino A. R. Carneiro Y Maria Ofelia V. Pacheco 58 Rep. Archie 28. Didier Oliver D Viaene & Heidi Demeulenaere 60 Rep. Archie 29. Joseph & Josefine Moore 61 Rep. Archie 30. Stuart Andrew Moffat 63 Rep. Archie 31. Patrick John & Maura Levins 64 Rep. Archie 32. Ulf Peter Bjork 65 Rep. Archie 33. Mohammad Hossein Zohrab 66 Rep. Archie 34. Archie & Mary Burner 68 Per. 35. Thomas Pedersen Pilgaard 78 Rep. Archie 36. Eric & Veronique Richl 82 Pre. 37. Rainer Otto Hermann Schiefner & Sharon Maria Davies 84 Pre. 38. Harald Jakob & Marion Irmgard Margarete Reber 87 Pre. 39. Philip Donald Campbell 90 Pre. 40. Nigel James & Patricia Todd 91 Pre. 41. Jason Lee Friday 92 Pre. 42. Peter & Ann Dunn 106 Rep. Archie 43. Teresa Bertagna 109 Rep. Archie 44. Adam William Airey & Lindsay Jane Towler 110 Rep. Archie 45. Ingo Bruno Glagowski & Petra Ingrid Huth 111 Rep. Archie 46. Michael & Sheena Agnes Jane Ellis 112 Rep. Archie 47. Paul & Angela Rosewarne 122 Pre. 48. Svetlana Kiseleva 125 Pre. 49. Oscar Bello. Rodríguez 128 Rep. Archie 50. Christian Pierre Sladden 129 Pre 51. Vicente Agustin Martinez Gil 131 Rep. Archie 52. José Vera Fernández 135 Pre. 53. José Gonzáles Almuiña y Maria De Loas Ángeles Prado 140 Pre. 54. Maria Del Carmen Alda Tello 141 Pre. 55. Pedro Peña Martínez y Maria Victoria Sánchez Maroto BL1A5 Pre. 56. Lida Zohrab BL1A6 Rep. Archie 57. Arturo García Guerra & Estrella Gastón Monroy BL1B1 Rep. Archie 58. Antonio Rosado Ramírez BL1B2 Rep. Archie 59. Ramón Vaquero Gallardo y Maria J. Mejias BL1B3 Pre. 60. Afshin Payravi BL1B5 Rep. Archie 61. Emma Louise BL1B6 Rep. Archie 62. Daniela Desideri BL2A1 Rep. Archie 63. Nicolás D. D Palmeras & Natacha Magali M Doppee BL2A3 Rep. Archie 64. Steven & Catherine Boyd BL2A4 Rep. Parkinson 65. Sten & Tiina Kaldma BL2B1 Rep. Archie 66. Darío Moral y Maria Ángeles Clavo Muñoz BL2B2 Rep. Archie 67. John & Ann Calhoun BL2B3 Rep. Parkinson 68. Frank Foster BL3A1 Rep. Archie 69. Aileen Kennedy BL3A2 Pre. 70. Alan Robertson & Angela Leake BL3A4 Rep. Archie 71. David & Patricia Ann Morse BL3A5 Rep. Archie 72. Bajan Aref BL3A6 Rep. Archie 73. Darren Lee Proudfoot BL3B1 Rep. Archie 74. Jan Carolina De Vocht & Marie J. Julia van Arwegen BL3B2 Rep. Archie 75. José Gómez Méndez & Maria Pilar C. Muñoz BL3B5 Rep. Archie 76. Danny De Peuter & Linda Lens BL3B6 Rep. Archie 77. Alejandro Jose Perez Moncada BL4A1 Rep. Archie 78. Robert Haiman Matti BL4A5 Per. 79. Patrick & Anne Louise Mcgarry BL4A6 Rep. Archie 80. Manuel López Algarra & Mirian Boj Morejon BL4B1 Rep. Archie 81. José Ángel Sánchez & Ana M. Carrillo Pallares BL4B2 Rep. Archie 82. Veronica Mac Partlin BL4B3 Rep. Archie 83. Dominic Dowling BL4B4 Rep. Archie 84. Aidan Joseph & Lorraine Smyth BL4B5 Rep. Archie 85. Stephanie Gray & Darrel Robert Stevenson BL4B6 Rep. Archie 86. Keith & Christine Pentland BL5A1 Rep. Archie 87. Linda Wildbret BL5A2 Rep. Archie 88. Bernard John Paul &Lorraine Marie Smalls BL5B1 Rep. Archie 89. Eamonn Anthony Quinn BL5B2 Rep. Archie 90. Arthur John Blois BL6A1 Rep. Archie 91. BrianTomlinson BL6A3 Rep. Archie 92. Daniel Volo & Christelle Detongers BL6A6 Rep. Archie 93. Stewart Edward & Lauren Cree Kenny BL6B1 Rep. Archie 94. Kevin & Sharon Hanafey BL6B2 Rep. Archie 95. Petrus Theodorus Straathof BL6B4 Pre. 96. Adrian MC Andrew BL6B5 Rep. Archie 97. Iván & Mary Parker BL7A1 Rep. Parkinson 98. Glenn Barrie Y Elaine Huckfield BL7A2 Rep. Archie 99. Jean Paul Charls J. Pire &Sylvie Nelly P. Coeffier BL7A3 Rep. Archie 100. Desiree Jordan BL7A5 Rep. Archie 101. Vitalie Balta BL7A6 Rep. Archie 102. Jan Andreas Helgaker BL7B1 Rep. Archie 103. Francisco Javier Lara Andréu & Anahi Maria Lujan Denavi BL7B2 Rep. Archie 104. Pascal Janssen BL7B3 Pre. 105. Roy Matthew Martin BL7B4 Rep. Archie 106. Kim Turid Spallin BL7B5 Rep. Hutton 107. Gerald Partrick Walsh BL8B2 Rep. Archie 108. Marie Elizabeth Mullen BL8B3 Rep. Archie 109. Noel Joseph & Paula Martin BL8B4 Rep. Archie 110. Kevin & Kathleen Margaret Mullins BL9A1 Rep. Archie 3 111. Derek & Kathryn Mary Hutton BL9A2 Rep. Archie 112. Susan Mary Maguire BL9A6 Rep. Archie 113. Elizabeth Maria Yankey BL9B3 Rep. Archie 114. Graham King BL9B5 Pre. 115. Gerard Pius BL9B6 Rep. Archie ------------------------------------------------------------------------------------------------------------------------------ The general meeting started, on second call, without anyone having an objection in this regard and attendees recognized that they have met the requirements of Article 15 and 16 of the current Condominium Act. The meeting started and the following items of the agenda were discussed: This makes a total of owners present 30 or represented 85. Therefore, there was the required majority to make agreements, not doing so the rest of the owners, despite having been cited in legal form. AGENDA: 1.PRESIDENT REPORT. 2.SPEECH FROM THE COMMUNITY LAWYER. 3.APPROVAL OF THE ACCOUNTS FROM THE FINANCIAL YEAR 2023 – 2024. 4.ELECTION OF GOVERNING BOARD. 5.APPROVAL OF THE BUDGET OF ESTIMATED EXPENDITURES FOR THE FINANCIAL YEAR 2024–2025. 6.APPROVAL OF THE BUILDING WORKS/ EXTENSIONS CARRIED OUT BY SOME OWNERS. 7.ANY OTHER BUSINESS. ------------------------------------------------------------------------------------------- Good morning and welcome to the Annual General meeting 24. Before we open and start this meeting it is necessary to remember our neighbours who are no longer with us and passed away. From house 127. Francisco Baños. BL4A3. Doreen Shad . h.8 Martinne Herinne. Carlos H. 9 ., House 21 , Randal and his wife ..... We remember them by asking for a minute of silence so that their soul may rest in peace. Thanks. I present the people who are sitting here. The community administrator, Gregorio Martinez, & and Ivonnen as the translator. I am Archie Burner and have been the president of this community since 2007. & Vice president , Harald Reber. The Committee members are: Miriam & Emanuel, Henrik & Lene, Ulf, Eileen, Gerard, Dominic & Noel Ellis.: Our service for the community is free and is a kind of charity wrapped in Dignity. 1. PRESIDENT REPORT. In my report, I don't like to talk about the past and the community problem, because we all know where we stand on the pool and the green area which is the most important case for the community. The last step to legalize the pool and solve the problem has been sent to all the owners as a petition to sign , in order to present them to the Town Hall.. All information has been sent to owners either by email or newsletter. Nothing unusual has been reported since July 23. We have done a lot of repairs for the pool pumps, replaced, and repaired leaking. Changing Colorado to a stronger one, in order to have healthier salt water. Here, Regarding the pool key, some owners give their private pool key to the others who don't live in their house and come from other communities to use the pool. I have received some complaints from the owners. I hope this will not happen any more if so their pool key will be deactivated. Also, it's not allowed to bring a lot of people from outside of the community with you to use the pool. The Owners and rental people who have hired a key can use the key only for 6 people maximum and they are not allowed to bring people from the streets. This should be advised from the house owners to their tenant. I put this up for vote. ....Voted and past Also complaining regarding the traffic in the community streets If the people don't start acting sensibly with consideration that the whole urbanization is turned into a 1-way system with designated entry and exit points, Maybe we can solve the problem like this. This will get into more consideration. Regarding the debtors, we have to delete the rest of the debt of 2 properties House 125 and BL5A2.which had been confiscated by the bank for many years . These properties now have been sold and a part of the debt has been paid according to Spanish law. The rest have been deleted by the community. The most important issue now is the petition for the pool, which has been signed by only 50% of the owners. The form is here for those who want to sign. I am very disappointed that some owners have not signed this petition, I think not to sign the petition shows that they are against the community and their own interest and the pool ., In this case no excuse will be acceptable. I give the rest of the agenda to administrator to continue the meeting. But Before the vice president has some words for you.. He said: Dear Owners. First as the new Administrator of the Pool , Las Palmerasbeach SL. I believe that the max 6 Person rule helps to increase the comfort for the other users. Misused keys must be blocked and the respective owner informed. The sunbeds are partially old and should be used carefully, children should not use them as Trampoline. As the Vice President and Author of the Newsletter. I strongly believe that Archie is the best President for our community. Some owners have approached me asking if I would do the job as President and my answer is No. I could not do better than Archie who spends hours for the good of our community, using his private car to get spare parts or other things needed. His dedication is outstanding and I will give him my full support as Vice President. The last 2 month there was no Newsletter issue due to my absence . I will continue with it the upcoming months and try to inform you about things that happened and other important information. As already mentioned, please do not hesitate to get in contact with me if you have something to be posted in the Newsletter. Thank you. 2. SPEECH FROM THE COMMUNITY LAWYER. The lawyer could not come : The administrator presented his report: he said: The administrator informs that the lawyer has not been able to attend this owners' meeting but, with the approval of the meeting, he will issue a legal report to determine what legal action can be taken, taking into account previous and future legal proceedings that may be proposed. This proposal is put to the vote and is approved unanimously by those present and represented. The lawyer has undertaken to submit the report to us within one month and the community of owners will hold an extraordinary general meeting to discuss the proposals and take decisions. In summary, the administrator explains that the judgement of the Administrative Court Nº 1 of Elche has been appealed in favour of the Ayuntamiento de Orihuela, obliging the community of owners to demolish the construction of the swimming pool built on illegal urban land. As a consequence of the above, the City Council is imposing coercive fines against the Community amounting to €3,000 per month for not having started the demolition works. These fines have also been appealed because the aforementioned judgement is not final in law, therefore, we understand that it has no place. Furthermore, as the President said in his speech, the intention is to initiate a claim before the Town Hall for a depreciation of the assets of each of the owners, as it is understood that the Town Hall has been responsible for having allowed the construction of a swimming pool on municipal land and, if it now has to be demolished, the houses do not have the same value as when they were bought. 5 All these matters will be explained in more legal detail, by the lawyer, at the next extraordinary general meeting. 3. APPROVAL OF THE ACCOUNTS FROM THE FINANCIAL YEAR 2023 – 2024.. The following balance sheet is presented: LIQUIDATION FINANCIAL YEAR 01/09/2023 TO 31/08/2024 *********************************************************************** *************************************************************** SUMMARY OF EXPENDITURE BY GROUP ** WATER SUPPLY ............. 2.009,47 ** REPAIR AND MAINTENANCE ............. . 4.624,36 ** STREET MAINTENANCE ............. 1.016,40 ** MAINTENANCE OF SWIMMING POOL AND GARDEN ......... 21.626,25 ** ADMINISTRATION EXPENSES ............. 2.512,53 ** ELECTRICITY SUPPLY ............. 3.277,80 ** OTHER EXPENSES ............. 3.828,44 ** ADMINISTRATOR'S FEES ............. 8.151,00 ** BANK CHARGES ............. 236,67 ** COMMUNITY INSURANCE ............. 5.449,00 _____________ TOTAL EXPENSES ............. 52.731,92 *********************************************************************** *************************************************************** BUDGET SUMMARY ISSUED ** BUDGET ISSUED FOR ORDINARY QUOTAS ............ 52.250,00 ** SURCHARGES ISSUED FOR NON-PAYMENT ............ 800,00 ** ISSUES FOR PRIVATE KEYS AND GARDENS ............ 986,30 _____________ CREDIT BALANCE AT 31/08/2024 ............ 54.036,30 *********************************************************************** *********************************************************************** ** TOTAL INCOME ............. 49.449,45 *********************************************************************** *********************************************************************** FINAL BALANCES ** BALANCE CAJA RURAL ............... 18.569,58 ** BALANCE CAJA RURAL LAS PAMERAS BEACH S.L........ 24,97 ** BALANCE CAJA ............. -1.001,24 *********************************************************************** *********************************************************************** OWNER BALANCES ** DEBTORS BALANCES ............. 9.729,40 ** CREDITORS BALANCES ............. 2.073,70 CREDITORS 6 MARIN FERNANDEZ, CARMEN MARIA 2 150.00 31 KING, SARAH LOUISE 28 150.00 39 MOLZAHN, ROSMARIE MALIG GEB. 37 150.00 68 ZOHRAB, MOHAMMAD HOSSEIN 66 150.00 73 VYNNYCHUK, VOLODYMMYR 80 150.00 92 JEAN PEIRRE, SERGE & NADEGE CO 108 50.00 101 GEORGE & JUNE PALMER 126 310.00 119 ROSANNE G VERMEULEN, NADIA BL1 A2 213.70 164 BERNARD JOHN PAUL & LORRAINE M BL5 B1 250.00 173 KEVIN & SHARON HANAFEY BL6 B2 250.00 175 PETRUS THEODORUS STRAATHOF BL6 B4 50.00 183 BALTA, VITALIE BL7 A6 50.00 202 LAUREN JUNE LEWIS BL9 A5 150.00 Total........... 2,073.70 DEBTORS 3 EVANS, ROYSTON 1-C 600.00 64 LEMPER, PETER Y PETRONELLA 62 1,921.00 74 DRINHOFER, FRANZ JOSEF 81 1,710.00 177 DAVID JAMES & HAZEL MARY ANDRE BL6 B6 350.00 189 RICHARD NICOLAS & JACQUELINE H BL7 B6 4,750.00 200 MEZIANI, KARIM BL9 A3 398.40 Total........... 9,729.40 The expenses and the settlements of the debts of the owners' relations are submitted to a vote and are approved by majority, with one vote against, the Board ratifying its intention to claim by judicial means the debit balances reflected above and the quotas that during the coming financial year are accrued and become unpaid, in accordance with the maturities that are fixed to the receipts. The Community bank account is the same as before in Caja Rural Residencial Las Palmeras1 → ES27 3005 0073 9226 2222 3929 Las Palmeras Beach S.L. → ES38 3005 0073 9026 7365 9922 BIC: BCOEESMM005 It is agreed that the community bank account will be at the disposition of the president and administrator. Gregorio Martinez . 4. ELECTION OF THE GOVERNING BOARD. The president: Archie Burner House number 68 Vice president: Harald Reber House Number 78 The secretary administrator: Torrefincas Torrevieja S.L. , colegiado No. 1795. Represented by Gregorio Martinez Miravete Community lawyer : Jaime Ferrer All of them accept and undertake to perform the duties entrusted to them. 7 The president and/or vice-president is expressly empowered to grant powers of attorney to lawyers and solicitors as broadly as is legally necessary. The administrator is also authorised to manage notebook 19, and at the same time, he is authorised to collect any refund order from the court in the name of the community of owners. 5. APPROVAL OF THE BUDGET OF ESTIMATED EXPENDITURES FOR THE FINANCIAL YEAR 2024 – 2025. It was unanimously agreed to maintain the same budget as the previous year, being the amount of 250 € per dwelling for the period from 1 September 2024 to 31 August 2025. The due date of this bill will be 31 March 2025, after which a surcharge of 100 € will be imposed on each owner who has not paid the community fee. The budget breakdown will be as follows: REPAIR AND MAINTENANCE .................. 5.000,00 POOL MAINTENANCE, CLEANING AND GARDEN.............. 14.000,00 MISCELLANEOUS POOL AND GARDEN .................. 3.000,00 ADMINISTRATION COSTS .................. 1.800,00 ELECTRICITY SUPPLY .................. 3.200,00 COMMUNITY INSURANCE .................. 5.776,00 BANK CHARGES .................. 260,00 OTHER EXPENSES .................. 8.000,00 ADMINISTRATOR FEES .................. 8.900,00 WATER SUPPLY .................. 2.300,00 -------------- 52.250,00 6. APPROVAL OF THE BUILDING WORKS/ EXTENSIONS CARRIED OUT BY SOME OWNERS.. House 110 administration informs the rules contained in constitutive tittle and which authorize constitutive modifications in the dwellings. It was unanimously agreed by all the owners in attendance with the right to vote: This was voted and passed 7.- ANY OTHER BUSINESS. BL9A2: Derek and his wife Asked: 1.Why do we follow the pool case if the land belongs to Orihuela Town Hall? Answered: Because the builder of this community has cheated all the owners selling the properties showing the pool and green area belongs to the community, so we have to get our rights by following the case legally.!!!!! If not shows we are guilty. 2-Why the community pay 35€ every month for internet for the pool area: Archie answered: Firstly, the Wify by the pool area is for the owners as a facility that they deserve. Secondly the office needs internet for corresponding and working, but we have to find a cheaper one in the Market. If there is. 3. Why do we have cold water in the pool area? Answered: This is also for the owners to use and they deserve to have it , we have it only from June to the end of August. 4. Why do we pay every month to the administrator? 8 Answered: When we hire any , we have to pay for their service, no one works for free. 5. The plants in the pool area are dying because the watering system is closed. Answered: Some of them died this year because of extreme heat , some because of plant diseases. But the watering system is always open. 6.Why do we have trampoline? I would rather have sunbed. Answered. This is another facility for the owners to use . 7.BL6B4: asked where is the money that have been paid for the rent the pool key? Answered: All income has put in the community account which was 950€ . 8.Some owners asked: We have to get and accept votes only from owners who are present in the meeting and not proxy votes. Archie answered : This is the Spanish law and we do as the law says. Moreover, how I can refuse and deny the proxy votes that shows support and the owner’s concern and trust. We have to respect the others opinion. No more questions The Community web site is: www.sites.google.com/site/laspalmeras1 The president thanked from the owners for attending or representing in the meeting. The meeting ended at 14:15 pm. « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « The secretary administrator The president Gregorio Martinez Miravete Archie Burne