MINUTES OF THE GENERAL MEMBERS MEETING OF THE OWNERS ASSOCIATION
“MAZARRÓN COUNTRY CLUB”
“MAZARRÓN COUNTRY CLUB”
In Mazarrón at 10:30 a.m. on January 9th 2007, at second call by the President, the General Members Meeting of the Owners Association of the “Mazarrón Country Club” was held. Members present as listed.
ATTENDING:
There was a big Excell-spreadsheet at this place in the minutes. Due to the format we choose to get the internetsite on the air, it's not possible to show that spreadsheet here. Sorry for that.
TOTAL PRESENT: 100
TOTAL PARTICIPATED QUOTAS OF PRESENT AND REPRESENTED MEMBERS: 47,33%
* There were no illegible or incomplete authorisations.
** The quotas of those who have not signed yet the title deed of their property at the time of this meeting and the quotas of those who have not paid their contribution until November 2006, have not been taken into account.
The Meeting was opened at second call with behind the table President Juan Carlos Hernández, Secretary Hannelore, Administrator Encarna Ruíz assisted by her colleague José Ignacio Palacios and the translators for German and English of the company “JAMES BIG BEN, S.L.”
Before dealing with the items of the agenda, a sheet of paper of the Owners Association is given to all the attendants, on which they can put their vote for the three items of the agenda, and it can serve as help to follow these matters.
The Administrator explains that before starting the meeting, se should read out loud the list of debtors to the Owners Association actualised until the date of the meeting, depriving of the right to vote to all those that have not paid until December 2006.
Many owners comment that because the invitation they received for the meeting of today, was accompanied by a list actualised until November 2006, they have paid until then and they did not know their obligation to pay the month of December. After commenting different opinions in favour and against, the Administrator proposes to agree if the meeting decides, by raising hands, that all those, who have paid their contribution until the month of November, are allowed to vote. An owner mentions that only those who have paid their contribution until the date of this meeting should have the right to vote, and although formally he is right, finally they proceed by submitting the decision of the meeting to allow the owners that have paid until and including November, to vote. The result is that the majority of the attendants allow to vote those who have paid their contribution until November 2006. Reading the list of debtors is omitted because it doesn’t coincide with the list that has been prepared for the date of the meeting, so the payment of the contribution will be controlled recounting the votes.
FIRST.- READING AND APPROVAL, IF IT IS POSSIBLE, OF THE PREVIOUS MINUTES
The Administrator tells the members that at this point the minutes should be read out loud or they may be considered to have been read, taking into account that the minutes were send together with the summons. After that the minutes will have to be approved by the meeting. Also, she explains, that this item is to correct possible errors in the minutes.
When reading the minutes, Mr. Roda asks permission to speak and explains that he wants it noted in the minutes that he does not agree with the hypothetic impugnation of that Meeting and the thus taken decisions in it, that those owners, who haven’t signed their title deed yet, are not allowed to vote. He neither agrees with the contributions that have been established during the last Meeting, because they could not vote about it nor were informed about it, only now, about eighteen months later, as they were send with the invitation.
The Administrator answers to him and to the whole Owners Association, that buyers who haven’t signed the title deed formally aren’t proprietary. Mr. Roda insists that this is debatable and that contribution has been claimed from neighbours that have not yet registered their properties. In any case, the Administrator status that she will not permit any attendants who have not registered their property or plot of land to vote, because they are not owners. She explains that the idea of this owners are have been claimed to pay their quotas is absolutely false but it is possible that there is a mistake and they appear in the list as owners.
Regarding the contribution, the Administrator explains that, according to the ‘Ley de Propiedad Horizontal’ (Joint Ownership Law, read: Law Owners Associations), each owner is obligated to pay his part of the budget according to the quotas, the factor mentioned in her/his title deed and that the Meeting has not established any other system. Besides, the list with all quotas was sent with the summon of the previous Meeting and copies of it were dealt out between all the attendants at the beginning of the Meeting. Finally, regarding publishing minutes, the Administrator explains that the Joint Ownership Law does not oblige her to notify the minutes to attendants and represented owners, it only obliges her to notify the absent proprietaries and without any limit of time. On the other hand, there weren’t even enough funds to do so because the Owners Association, who Mr. Roda says he is representing, has to keep on reminding its members to pay their contribution.
Mr. Roda says again that the agreements adopted in the previous meeting, have only the majority of participation votes, but they have not the majority of attendants’ votes, due to this fact, he considers that they could be impugnable.
Then, Mrs. Risley asks permission to read out loud a piece of paper written in English. It is read in this language and translated into German but not into Spanish because the persons present agree to proceed to the next item on the agenda, but that the content of this paper will be included in the minutes. Because it is too long it is shortened to the following 4 points of criticism to the service the Administrator gave: The Minute Book could not be shown, when she asked for it (the minutes were sent to her at the same time as they were sent to all the owners and she has never gone to the office of the Administrator where the Minute Book is kept); along with the minutes of the General Meeting of November 2004 there was no sheet of complaints that was there during the Meeting (this sheet of complaints was without sign and representing an Association that didn’t even exist on that very moment. Besides, that Meeting was annulled, neither the demands nor the items on the agenda were debated due to the boycott of some owners as appears in the Minutes); neither were debated in the meeting of March 2005 the different parts that compound the budget considering exuberant high costs for irrigation-water for the gardens and electricity (which exactly still not have been credited); and finally she neither agrees with the voting-system at the end of the Meeting.
Without any more delay and as requested by the people present, they proceed to vote this item (Approval Minutes) with the following result:
1st VOTING
VOTES IN FAVOUR AND QUOTAS 54 / 38,97%
VOTES AGAINST AND QUOTAS 42 / 6,58%
The minutes are approved by a majority of attendants which represent a majority of participated quotas.
SECOND.- EXAMINATION AND POSSIBLE APPROVAL OF THE ACCOUNTING OF THE PREVIOUS FINANCIAL YEAR
At this point, the Administrator describes the expenses that have occurred during these last 18 months. She explains that the costs of Water and Light have not been credited because the certificates of habitability haven’t been obtained. Besides, the estimated cost to purify water has not been paid because his machine has not been used during this financial year. The Administrator rest assure that the costs credited to Mazápolis coincide with those that were established in the budget approved in 2005. The Owners Association couldn’t contract directly any services because for a long time owners haven’t paid contribution and the money that has been received the first months, was used to pay the cost of the mailboxes due to the fact that almost all owners who actually live in the Urbanization, require this service. In the last months, the quotas have been paid more regularly, although there are still a big number of debtors.
As a result of the above, the Administrator comments that she could not charge her own honorary as appear in the budget and of what she received she paid partially to the Secretary of the Owners Association for her collaboration and her services, informing owners.
Besides, the Insurance of the Owners Association has neither been contracted because there is not enough money and the Urbanization has not been finished, reason why there are only a few common elements, which could produce damages included in policies, except Civil Liability. That is why the Administrator would recommended the Meeting to contract an Insurance the next financial year. On November 30th 2006, the balance is 55.598,60 € in favour of the Owners Association, due to the fact -like she explained before- that several payments haven’t yet been done to Mazápolis, the service company of the Owners Association.
Alter a few requests of some owners to explain some items of the accounting, the accounting of the previous year is submitted for approval by the Meeting and the voting has the following results:
2nd VOTING
VOTES IN FAVOUR AND QUOTAS 51 / 39,27 %
VOTES AGAINST AND QUOTAS 45 / 7,46 %
The accounting of the previous financial year is approved by a majority of attendants’ votes that represent a majority of participated quotas.
THIRD.- RESIGNATION OF THE CURRENT ADMINISTRATOR-SECRETARY; DISCUSSION AND POSSIBLE APPROVAL OF A NEW SYSTEM OF BOARDMEMBERS PER BLOCKS; NOMINATION AND RENEWAL OF THE REMAINING POSITIONS
The Administrator presents her resignation to the Meeting because of having many difficulties fulfilling her job, reason why she doesn’t want to continue being the Administrator of the Owners Association. Thus the Administrator asks to the attendants to proposes candidates to constitute the Management Committee.
After this explanation, Mr. Van Son presents himself to be elected for President and Administrator, Hannelore as Secretary and Mr. Jay as treasurer. Mr. Van Son deals out copies of his proposal for the budget of the Owners Association. After ample exposition of his suggestions about management of the Urbanization, Mr. Macedo proposes himself to be Secretary observing that discussion and approval of an alternative budget there is not in the agenda. This is why it can not be discussed in this Meeting and according to the Statutes of the Owners Association, the Administrator must be member of the Association of Property Administrators, which is confirmed by the Administrator. The present President Juan Carlos Hernandez proposes to be re-elected as President.
Related to the position of Administrator, attendants are asked to present proposals and Mr. José Ignacio Palacios proceeds to read the two names that have been received. The first of them is Mr. Pargada, who has his office in Mazarrón, and the second of them is Mr. Domingo Frutos, from Murcia.
The owners are required to write in the place that corresponds with the third vote, the name of the candidates that they chose to be President, Secretary and Administrator.
Finishing the vote, the pieces of paper are collected and the votes are counted.
The votes of the candidates are as follows:
3rd VOTING
PRESIDENT
VAN SON FRANK 85 / 12,93 %
HERNANDEZ J. CARLOS 4 / 33,18 %
SECRETARY
HANNELORE 78 / 44,81 %
MACEDO R. 4 / 0,56 %
ADMINISTRATOR
DOMINGO FRUTOS, F. 41 / 37,88 %
PARGADA 38 / 6,96 %
Hannelore is named Secretary of the Owners Association with a majority of attendants’ votes that also represent a majority of participated quotas; Mr. Domingo Frutos is named Administrator with majority of attendants votes that also represent a majority of participated quotas and the meeting authorizes the change of the sign in the current account that the Owners Association has in Caja de Ahorros del Mediterráneo; Mr. Van Son obtains a big majority of attendants votes, although he has not a majority of participated quotas.
With no more issues to be discussed, the Administrator closes the Meeting.
Approval President Secretary
Diligence to be noted in these minutes that the water purifications installation of the Owners Associations is operational since several months although the Administrator mentioned before that it didn’t, in the second item of the agenda, because till the date of this Meeting nobody has informed that it’s operating and nobody has emitted any receipt to the Owners Association although it has been estimated in the budget approved in 2005.
Approval President Secretary