EGM

Before the Meeting started yesterday morning, Alberto informed me there would be no need for Owners to sign in as it was just an open meeting. I explained that the meeting had been called as an EGM, on the Dayorder were the words "take decisions" which would probably involve voting, therefore signing in would be required. He immediately called his office, and the papers duly arrived not long after.

The meeting was well attended, I do not have the exact numbers. I hope to post the Official minutes here in due course, which may contain that information. The Lawyer brought a translator with her, but unfortunately many Owners seemed unable to understand her so she was replaced by the Administrators assistant Melanie.

The Meeting commenced with the Lawyer explaining the situation regarding the 140 cases taken to Court for debt, regarding 2004. All the cases had been found in favour of Mi Sol, about 10 to 15 people had failed to pay, and their properties would now be "Embargoed" by the Courts. She asked if we wished to continue with the cases for 2005/2006, she explained there was no need for a vote, as it had been agreed to carry on at the AGM of September 2006.
There appeared to be general agreement to continue the cases.

She was then asked about the Court case against Pepe, which was supposed to be heard in February 2007, after which Pepe was required to stand down, again as voted for by the majority of Owners at the AGM in September 2006. She explained that she had advised the Community to keep Pepe as President until the Court case was finished. This was disputed, but after consulting his notes from the AGM Alberto agreed that she had said that. An Owner pointed out that 2008 was certainly not mentioned and that she had misled the Community. She was asked if Pepe was appealing to the Courts in Madrid, she confirmed this to be the case, explaining it was a natural progression of the Judicial system. She was asked if the case was against Pepe or the Community, she replied that it was against the Community. She was asked to produce the documents confirming this, and replied she did not have them with her, but they were available to be viewed at her Office. She was asked what the costs to the Community would be for the Court case in Madrid. A reply was given that every court case for debt costs the Community 100 Euro in Lawyers fees, the fees for the case in Madrid would be about 1000 to 1500 Euro. She was asked if this was the total amount including Court costs, I believe she said it did, maybe the official minutes of the meeting will confirm this.
During this exchange an Owner called for Pepe to stand down as President. Then it was proposed and seconded that a vote of "no confidence" be held against the President and present Administration. This was called for by different Owners more than once. Eventually the Administrator explained that under Spanish Law, a vote of no confidence did not exist.
In response to this Pepe claimed he was the one who had got Mi Sol on it´s present good financial footing. This was refuted by explaining that in fact it was the hard work of Committee member Mrs Olive and the Administrators who had achieved this by getting Mi Sol accounts into a position where the Court cases for debt could proceed.

I explained to the Meeting that Pepe wanted to sack the new gardener Steve, there was an immediate and loud vocal response from the majority of Owners against this proposal. Pepe gave his reasons for wanting to sack Steve. After this it was agreed, and requested to be put in the "Minutes", that Steve would be retained as Mi Sol Gardener, I would take sole responsibility for his employment, and that Pepe would not interfere. It was also agreed that I will buy any gardening supplies needed, and present the receipts to the Administrators for refund. I explained that Steve was being paid less than the amount agreed. Pepe explained that there were certain deductions to be made in regard of tax and other items. I replied that at a meeting between Pepe, Steve, and myself with Emilia translating, we agreed that Steve would be paid 815.00 Euros per month after any deductions. It is possible that I missed something in the translation of the meeting, but that is what I understood to have been agreed. The majority of Owners present seemed to accept my proposal that Steve would be paid 815 . 00 Euro after any deductions, and that should also have been put in the minutes. One Owner expressed the view that Mi Sol was too big for one Gardener, I agreed, and said that we would have to do the best we can at the moment. Another Owner asked if we could employ contractors to carry out a full clear up of Mi Sol, to give Steve a chance of keeping on top of the work. I agreed with this, but explained that it would be expensive to employ such contractors.
I then showed the meeting a copy of a receipt I had obtained from the Administrators office. This receipt was for 600 Euro dated February 2007, the first item on the receipt was for a chainsaw at a cost of 275 . 00 Euro. I explained that until obtaining this copy I did not know anything about the chainsaw, and asked Pepe where it was. He replied that it was in his house and that he would give it to the Gardener. Steve informed me this morning that Pepe has indeed now put the chainsaw in the Gardeners tool shed.

It was explained to the meeting, that Pepe ignores the wishes of the Committee, three estimates for work to be carried out are required but never obtained, work is often carried out without any prior knowledge of the Committee, several examples of this were given. An Owner proposed, and it was accepted, that in future no work is carried out on Mi Sol without the prior knowledge and consent of the Committee.

An Owner expressed the view that it was unfair holding the meeting at such short notice, not giving an opportunity for Owners in the U.K to receive and return proxy votes by post. It was pointed out to her that she was correct in holding that view, but the meeting had been called in accordance with Spanish Law.

Pepe was asked by several Owners to resign immediately, he refused to do that and refused calls for a vote on the subject. He said that he would stand down in September this year and not stand for re-election. This was requested to be written in the Official minutes. Pepe then made accusations against me, saying I had sent emails asking people to vote against him. I am sure those of you who read this Web Log will correct me if I am wrong, I have not done that. Certainly I have asked readers to send me their proxy vote, if they wished to. I have also urged all Owners to use their rights to vote, no matter who they support. He also publicly accused me of stealing a small amount of money from Mi Sol office and putting it in my pocket. This refers to an accusation he made some 6years ago. I asked if he would like to put the accusation in writing, so I could hand it to my Lawyer. At this point he stood up to leave, however it was explained to him there were other points some Owners wished to discuss.

An Owner then told the meeting about an attack by a dog belonging to Pepe, on a small dog belonging to a neighbour. She explained the injuries caused, the report by the Vet and the costs.
Pepe categorically denied it was his dog that had been involved. He was then asked how could he deny it when there were witnesses. Another Owner told the meeting that the dog belonging to Pepe had twice attacked her dog, on one occasion grabbing it by the throat. On both occasions she managed to beat off the dog belonging to Pepe. Another Owner said that Mi Sol rules require all dogs on Mi Sol land to be on a leash at all times and that it was a poor example when the President flouts these rules himself, and then denies the consequences of his actions.

An Owner then asked when her wall was going to be repaired, which had been damaged by Contractors working on Mi Sol's Drainage system. Pepe replied it would be repaired next week.

I then informed the meeting about the agreement reached with Mr Moran, in respect of the Bar being responsible for the operation of the Swimming Pool. After explaining the terms of the agreement, the majority of Owners seemed to be in favour of proceeding with it. Rather than have a full vote on the matter, it was asked if there were any objections to the proposal. No objection was raised.

This Post is not, and was never intended to be a substitute for the Official Minutes of the meeting taken by Alberto the Administrator, they are just notes I took myself at the meeting.
As soon as they are available I will post the Official Minutes on this Web Log.

To be fair, I believe this meeting was only intended to be an open one for Owners to be informed of the various legal proceedings. It was advertised as an EGM, and a large number of Owners took the opportunity to attend and express their views.