MINUTES OF THE COMMUNITY OF OWNERS REPRESENTATIVES
DATE; Friday 3rd August 2007
VENUE; Main office HUMA - basement
TIME; 11.00 am
ATTENDANCEFrank van Son (President)
Francisco Domingo Frutos (Administrador)
Emil J. Böttcher (Translator)
Hannelore Rosskamp - Schmitz (Secretary C.o.O)
Andrew Heaney (Vice Chairperson)
Terry Chapman
Chris Gatenby
Dave Dennis
Martin Heppell
Roger Jay
Malcolm Houghton
Sandra Miller
Wendy Slade (Minutes)
APOLOGIES:
Karl-Heinz Schlömer
Rick Wilmot
Jack Taylor
MINUTES OF PREVIOUS MEETING The meeting opened with the previous minutes - apologies for Rick Wilmot from Wendy His name was left off the minutes of 25th July 2007.
1.0 Emil stated that Public Liability insurance is very expensive and he has had several quotations ranging from 50.000 € to 30.000 €, we are looking for around 10.000 €. He stated that he had a meeting last Wednesday with an Insurance Broker who has his own business ( for 7 years ) and hopes to have this matter solved before the next meeting.
2.0 Dave is in agreement with the Administrator that we need insurance.
3.0 Terry recommended that we try AXA insurance company but, he is not sure if they have a broker or not.
4.0 Frank asked us to give the insurance broker another 14 days to come up with a quote. The letter on 'Have your Say' was passed around for all to see, Frank said it is a very good idea but it is not any good because of the Spanish Law. We cannot give votes to people who are not paying their community fees, and around 90% of the community agree with this.
5.0 Terry suggested that Frank answer questions put to him by the community via his website.
6.0 Frank stated that from 1st September there will be a small newsletter available about events taking place. This will cost us 2.000 € a month for printing, and to send out in German, English and Dutch. We have asked for an input from the community.
7.0 Malcolm asked how expensive it would be to have our own website.
8.0 Terry asked if this would be profit making or non-profit.
9.0 Frank stated that if anyone wants to do it as non-profit making, he is quite happy to hand it over. Everyone is being given the chance to have an input, but we should be in charge of what is put into it.
10.0 Malcolm asked why the newsletter could not be sent by E-mail.
11.0 Terry stated that he had reservations about this project being a profit making scheme. I am concerned about the lack of information to the community.
12.0 Roger agreed with Frank that this is a very good idea, and we should send the newsletter to primary addresses, because it is essential to let everyone know about what is going on.
13.0 Frank stated that the newsletter will contain news about MCC. The events that are taking place. Frank said that he will show us each copy before he sends them out.
14.0 Malcolm said we could include in the newsletter things like the problem of the bins etc; etc;
15.0 Terry asked who was going to write these articles and are we going to have an editor.
16.0 Frank said yes, he has found someone to edit. He wants everyone to take it in turns, and write a small piece for the newsletter and in a few months time hopes to have some volunteers. Frank wants to hold an informal meeting with the community but only with those who are paying their community fees. He will contact the people who are not paying their community fees and suggest that they get together for a major discussion on the rules about payments made to the community when living in Spain.
17.0 Andrew stated that he agreed with Frank that a discussion was needed concerning those who are not paying their community fees.
18.0 Malcolm said we need to have a letter drawn up by a Lawyer to say whether the charges we have received are legal or illegal.
19.0 Terry stated that he understood from Carmen she had problems communicating with us because she did not have all the addresses. He asked the Administrator if he had all the current addresses of the community.
20.0 Frank stated that he will put information onto his website and if anyone is not receiving the information by other means can look at his website. We will not be having a community website.
21.0 Terry said that a website can be set up for 500 €. He is prepared to do some research.
22.0 Roger stated that he is willing to have a small community web page added to his website, but stated that it is very complex and takes many hours to set up.
23.0 Terry said that it can be run with information for the community.
24.0 Frank said the biggest complaint is about lack of information. I am prepared to set this up and send the invoice to the community.
25.0 Dave suggested that if you have internet, use it. He asked Frank if the news letter could be scanned and what price were we looking at.
26.0 Andrew stated that posting the news letters to England will be very costly.
27.0 Frank said that he will make sure everyone receives the first one or two and see how we get on.
28.0 Dave said why don't we invite the community to contact us and give them the opportunity as to whether they would like to receive a letter or have the information put on the website.
29.0 Terry stated that although he said do not put everything on the website, he thinks that it has been condensed too much and the community misunderstands some of the things said.
30.0 Frank said he thinks the newsletter is a much better option, and asked the Administrator if he has all the addresses.
31.0 Malcolm said he agrees with Frank, that a newsletter is a better option. Include in the first addition, that owners should give us their address of where to send these newsletters.
32.0 Sandra stated that everyone should be informed in advance of the newsletter, so they can give us the correct addresses before we send them out.
33.0 Frank then went on to discuss the problem of rubbish and the mess surrounding the urbanisation. He stated that he would like to get a company called Houseproud to come onto the site and remove the existing rubbish. He said that we could employ a company for say 6 months to do the cleaning.
34.0 Andrew stated that the present company CESPA are incapable of doing a good job. Terry said the plastic containers are overflowing. Martin said they only collect plastic containers every other week. Frank said everything should be collected Mon/Fri. We pay by weight. Dave said that we need the rubbish collected at least 3 times a week. Frank stated that it could be done, as we pay by weight. The more weight in kilos of rubbish, it will cost us more. Malcolm asked if we bring in another company to collect rubbish where will it go. Frank's answer was to the ecoparque, but, who is going to collect all the bottles. Andrew said that the cost is very open ended. Sandra stated that time needs to be invested into finding out what is actually being done. Dave stated that it would not cost any more to have a collection 3 times a week if we are paying by kilos. Malcolm asked if the present company (CESPA) drive over a weighbridge and pick up a ticket, does this include rubbish weight. Andrew asked whether the cost included one or two people and said it is one of the biggest fiddles. Dave asked if we received a monthly bill for rubbish collection, and said we have to trust them surely it is a two man job. He stated that if the bins are not full, we can then cut back. We do not want to get into a situation of rubbish being left everywhere. Andrew said do we provide a price for the driver and supply another person to help with rubbish collection. Martin asked if the Administrator is going to find out whether we need one or two men for rubbish collection. Terry said these items are not covered by specification.
35.0 Frank asked if we should start planting or wait until September and let the new gardeners take over. He said he will contact Huma and ask him to clean up his mess. We have enough money in bank to cover these costs, people are paying their community fees.
36.0 Dave asked Frank if we had enough money coming into the bank to pay Huma 10.000 € each month back pay. Terry said do you think we will have enough income to pay all these extra costs. Andrew is also concerned that we do not have enough money to cover all these costs. Frank said, yes we do have enough money, we are doing nothing to jeopardize the community. He said, he was searching for someone to do the job at a reasonable cost. Frank said we should not worry. Dave said, do not say don't worry, I live here. I do worry that we do not have the money to cover all these things. Frank stated that the community charges would not rise until next year. He said that they may not have to go up as we are in a healthy situation. I want to get back to the urbanization, it is dirty and it is a mess. What are we going to do about it? Andrew stated that we have a lot of outstanding debts. Chris asked if we were paying directly into our own bank account. Andrew asked if a date had been set to take the non payers to court. Malcolm said the system may be different here to England. Frank stated that it may take 2 years to go to court, they are very strict here in Spain. We can sell their homes to recover the monies owed. Malcolm suggested that it would be a good idea to get the Administrator to write down the process and give us all the correct information. Andrew stated that the process is for the Administrator to file for court. The court may take 3 months and so the quicker he makes the application, the sooner the court can take action. It will then be out of our hands. Emil said that the non residents are responsible for letting us have their addresses.
37.0 Dave asked if we are going to stay with the security company we have at present.
38.0 Terry suggested that if we are going to increase the number of security cameras, leave this issue until the next AGM.
39.0 Frank said he will ask the Administrator to get security to put more cameras around the urbanization.
40.0 Roger asked if we had received any reported crimes from security.
41.0 Frank stated that he thought the security guards have made a great improvement. He said that if things are happening within the community he would like to be informed. He will ask Emil to look into this matter. Frank said no, he had not heard about any crimes being committed on the urbanization and he stated that we have 24hr security. Frank also said that he would like to make the urbanization more private. He would like the security guards to stop everyone who comes onto our urbanization and give them a flyer to inform everyone that we do have security.
42.0 Terry asked if we will be getting a porter to man the barriers if Huma does build the barriers.
43.0 Roger stated that there are more people coming onto the urbanization to use the pool, could we not give them flyers also.
44.0 Roger brought up the subject of voting for new representatives. He said that we have 6 months for people to put their names forward, that each household has to vote for 12 people of their choice. He said that one month from the newsletter going out, people will be informed. They are to go to the community office for Carmen to cast their votes. This gives us June, July, August, September of next year, and when elected should be in force for 1 year.
45.0 Frank agreed with this and said that the group of representatives will be more important than the president. He stated that he did not have everyone's address.
46.0 Administrator had a meeting with Huma and they are ready to hand out licence of habitation certificates, which means that we now have authority to live legally in our homes. If you have not received any communication from the after sales office, then you can check with Carmen as to whether you will receive a certificate or not.
47.0 Sandra stated that according to the rules any alterations to your property you had to be reported to the official town hall.
48.0 Frank stated that many people had been living in their homes for 4 years, so why do we still have to go through Huma.
49.0 Emil said that as soon as we receive our certificate of habitation he can inform Iberdrola.
50.0 Administrator stated that the certificates will be ready by next week and Iberdrola will start supplying every house that holds a certificate. (as long as we have given our names, addresses and account details to the Administrator). If you find yourselves without electricity, then you need to go straight to the after sales office and give them your details.
51.0 Malcolm stated that this should now reduce the community funds.
52.0 Frank said no it would not because we will be paying for our own street lighting.
53.0 Emil said that we have 5 transformers connected around the urbanization.
54.0 Administrator said Iberdrola have already started to connect us to their system and will be finished by Friday 10th of August. The contracts are being drawn up for Orihuela. We have included some extra items and had to do a new contract. Frank will be given a copy to look at. The contract is for one year and if they do not keep to it, then they will have to go.
55.0 Martin asked if we could get out of this contract, if we are not satisfied with their work.
56.0 Frank queried whether Orihuela would be able to do all the cleaning adequately.
57.0 Sandra said we have already discussed this area and agreed to give them another opportunity to submit their quote with the additional specification.
58.0 Frank said, if everyone is in agreement then I will sign the contract.
59.0 Emil stated that Orihuela will visit the urbanization (with their Engineer) and meet with Mazápolis to see how the watering system operates.
60.0 Administrator stated that CESPA has been informed in writing about the mess surrounding the bins that are not being cleared. We wish for them to clear up on their visits. Sandra stated that we have a problem with this company. Administrator said that CESPA are responsible for this problem and they should clear away all rubbish as we are paying for this service by volume. Frank asked if CESPA were picking up rubbish around the bins or just emptying the bins. Administrator said he will get in touch with CESPA and inform them that they have to comply with our demands. They were only emptying the bins and not taking away rubbish around bins. We have to be satisfied with them, if not, we will look for another company who will comply with us.
61.0 Malcolm asked if the Administrator can confirm these debts owed.
62.0 Administrator stated that if everyone pays their community fees, then we would have no debts. He said that a good Lawyer never goes to court. We try to communicate first and give them every opportunity to pay. He said that you have to prove to the Spanish Law that you have given the people every opportunity to pay. If we go to court it will cost them the court fees, fines plus the monies owing. He said that he has to formally notify the people, which he did at the AGM.
63.0 Terry asked the Administrator if he had all the addresses of everyone on the urbanization, because he said 1 know for a fact that people have other addresses.
64.0 Administrator said he did not have addresses of 50 to 60 people, but they know the Spanish Law states on the Escritura that if they have a property in Spain they need a post box address.
65.0 Roger asked if we had heard from the engineers and made any progress with regards to access a fair charge.
66.0 Administrator said we will hear in September.
67.0 Sandra asked how the costs were being worked out.
68.0 Frank said we can go to 13-1 see Emil and read the contract.
Meeting closed at 1.00pm
Next meeting to be arranged
