Pepe asked me to attend the Office this afternoon to have a discussion, which I was happy to do. As you know from reading these posts I always try to present you with documents and facts, and when such discussions take place, have witnesses to those discussions.
With this in mind I asked Committee member Dorothy to attend, which she very kindly did. Emilia also very kindly attended to aid in translation.
Pepe started by asking if I had posted a copy of the recent Court ruling in Elche regarding the refund of monies paid to Mi Sol by a debtor. I replied that I had done so. Pepe had a copy of the document, but did not say where he got it from. I had previously given Shelagh a copy to give to Pepe , but he said he had not got it from her. However, he also had a copy taken from this Web Log, sent to him by an Owner in England.
He explained he was concerned that divulging this information, would unduly worry Owners, and increase the possibility that other debtors would follow suit in taking action in the Courts.
I explained that Mi Sol should not be some sort of "secret society" and that Owners were entitled to know what was going as it affects all of them. I also said that the majority of those who were likely to take further action were Spanish, and were unlikely to read this Web Log anyway. Also that Paco had made it clear in a public letter, that the other "debtors" were indeed going to make claims in the Courts. I was concerned that neither Pepe or the Lawyers had informed us that these cases were taking place.
Pepe said he did not know that this case had taken place and that he had not received a copy of the judgement from the Court. I explained that the Committee assumed he had been informed by the Lawyers. Dorothy and myself both accepted that Pepe did not indeed know about this case. I then asked Pepe why were we paying the Lawyers, when they appear not to be doing their job. They should have been able to prevent this case or at least defend it better in Court.
Pepe agreed entirely and said he would be questioning the Lawyers fully tomorrow.
A vital point then came to light, the Court document being discussed has three dates on it 8th June, 15th June and 18th June all 2007. The point being this, Mi Sol has 5 Days in which to appeal against the judgement, if we take the latest date 18th June, today is the 25th which even if we say 5 "working" days, by the end of today it will be too late to appeal. We do not know at this moment in time, whether the Lawyers have appealed on our behalf, without instruction from Pepe. Hopefully we will have the answer to this tomorrow.
Pepe is clearly concerned, that I am able to obtain legal documents and post them here when he or the Lawyers have not mentioned them to the Committee. This is not the first time it has happened. I then posed the question, why was it that the other faction could get these documents, in one case, months before we were informed? Who was not telling us what is going on ? It was agreed that if in the future I obtained such documents, Pepe and I would visit Mi Sol Lawyers and hear their side of the story, before posting the documents here.
Pepe had clearly wanted to talk to me because he had received copies of the Web Posts from an Owner(s) in England. I have no problem with that, although some of you may want to question why they would do it, when Pepe only has to ask me for copies, or look in the folder held in the Office which contains printed copies of these Web posts for anyone to see and have printed off.
I pointed out to Pepe, and was able demonstrate to his entire satisfaction, that he was being sent "selective" versions of these posts. That in order to get the full story, he should read the entire Post for himself.
Nothing underhand has been done here, I informed several members of the Committee about this document, and Sheilagh read it for herself, before I posted it here. Pepe was not on Mi Sol at the time, but I did ask Sheilagh to inform him as soon as possible.
Monday 25 June 2007
More Crime
It is with regret I have to inform you that today I received reports of one burglary and one attempted burglary last night.
In the first case, intruders entered a property through an open window whilst the occupants were asleep, I understand 400 Euro and two expensive watches were stolen.
In the second incident at around 3 am, a youth was discovered trying to gain access by the Owner.
The youth, wearing a baseball cap, was accompanied by a girl with long dark hair tied back.
Chase was given by the Owner, but the pair disappeared in the area of Clara´s caravans.
There is no doubt this has become a serious problem, and were the majority of Owners elect me as their President at the forthcoming AGM, instigating new safety and security measures on Mi sol would be my first priority. Having been a victim of this type of crime myself twice in the last six months, I am fully aware that serious steps. need to be taken to protect all Owners from these opportunist criminals.
In the first case, intruders entered a property through an open window whilst the occupants were asleep, I understand 400 Euro and two expensive watches were stolen.
In the second incident at around 3 am, a youth was discovered trying to gain access by the Owner.
The youth, wearing a baseball cap, was accompanied by a girl with long dark hair tied back.
Chase was given by the Owner, but the pair disappeared in the area of Clara´s caravans.
There is no doubt this has become a serious problem, and were the majority of Owners elect me as their President at the forthcoming AGM, instigating new safety and security measures on Mi sol would be my first priority. Having been a victim of this type of crime myself twice in the last six months, I am fully aware that serious steps. need to be taken to protect all Owners from these opportunist criminals.
Friday 22 June 2007
Forthcoming EGM
I have attached two documents, one is a notification of an EGM to be held at Mi Sol Bar Terrace on Sunday 15 th July 2007. The meeting has been called by Paco acting in his perceived capacity as President of Mi sol, See the last Post for more on this subject.
The second document is a letter from Paco, explaining the ramifications of the Court hearing in Elche on 18th June 2007. Mention being made of civil and criminal proceedings, and indicating that all previous judgements given against debtors in the Courts of Torrevieja will be overturned and all monies plus costs will have to be given back to those Owners taken to Court for Debt by the Community.
New Court Case
I have attached a copy of the judgement in a Court case held in Elche on the 18th June 2007.
The case centres on a Spanish owner who is claiming back the money he was ordered to pay by the Courts in Torrevieja regarding debt to the Community. The judgement against him was given on the 24th July 2006.
This document shows the Court in Elche have upheld the Owner´s claim for a refund of 985.63 Euro and costs. This decision seems to have been made because of a Court Judgement in Alicante in September 2006 ruling that Pepe was not the legal president of Mi Sol Park. Therefore he had no legal right to make a claim for debt against this Owner on behalf of the Community.
This would seem to raise several questions.
Why did the Mi Sol Lawyers not tell us about this case, despite being asked directly twice,( in a meeting in their Office and at a recent EGM). They must have known as they attended the hearing?
Why has Pepe still not mentioned it to any of the Committee, despite the fact he must have been advised about it by the Lawyers on Monday when the judgement was published?
Why is there so much secrecy about Court cases, after all this not the first time I have been given legal documents by Paco, which we on the Committee knew absolutely nothing about?
What are we paying the present legal team representing Mi Sol for, when part of the 985.63 Euro was for water and electricity charges, which the Owner had used, and we as a Committee paid? After all we get the bills from the Utility Companies, not the other faction, they have never paid any water and electricity bills to the Utility Companies that we are aware of.
Why is it that the Courts in Elche seem to hand out rulings completely opposite to the Courts in Torrevieja?
Wednesday 20 June 2007
New Wall
Today builders were discovered walling off some Mi Sol land outside Circle C, intending to make it form part of the adjacent plot.
Paco called the Guardia Civil, but before they arrived, he managed to persuade the builders to stop.
A photo is attached, the new footings and the start of the wall can be seen in the foreground.
The Owner of the plot is apparently Spanish, but in England at this time. I do not know why the Owner thought they could add this land to their plot, or whether anybody gave permission to do it.
Tuesday 19 June 2007
Vandalism
On two consecutive days the lock on the Garage housing the Gardeners car and trailer has been disabled with the use of Super glue. One can only wonder at the low mentality of those who would bother to do such a thing.
Thursday 14 June 2007
Swimming Pool
I received a telephone call from Mr Moran at Mi Sol Bar today, he is very concerned about the large amount of water being lost from the Swimming Pool every day.
The Pool has it´s own water meter and readings have shown that in the last 3 weeks over 1300 Units of water have been used which at a cost of around 2.35 Euro per unit equates to about 3,055 Euro, in other words 1000 Euro per week. The water level drops by around 7 inches each night and takes about 9 hours to refill every day, during which time there is not enough water pressure to operate the showers, hand basins and toilets in the pool area.
Whilst it was known the Pool does leak, I had no idea it was on such a large scale. The pool has had a leak for 7 years that I know of, and some six years ago an Engineer was brought in to discover where the leak was. The investigation revealed that a pipe leading from the Pool to the Pump Room was cracked. Pepe suggested that the wall be demolished and the pipe replaced. Some of us on the Committee at that time felt that fitting a smaller pipe inside the cracked one and welding it at each end would solve the problem much more easily and cheaply.
Since that time, as far as I know, nothing has been done about it, nor do I know whether any discussion has taken place at any of the Committee meetings. This would seem to raise some questions.
If nothing has been done about the leak for 7 years, why not ? One explanation might be that due to the internal squabbling between opposing factions, for the last 4 years or so, until this year, there has been no money available to repair it. Nevertheless, 1000 Euro per week to keep the Pool topped up, whether paid for by the Bar or the Community, would seem an unacceptable amount.
There is also the moral question of condoning the wastage in such large quantities of, a precious resource. What action, if any, would the Water Authorities take were they to know this was happening. Would they suspend the supply of water to the Pool until such time as they were given proof that repairs had been carried out?
Where is all this water going to ? Is it eroding the materials in the wall ? If so, could a catastrophic collapse of the Pool wall occur at any time ?
This is clearly a subject for urgent discussion and investigation.
The Pool has it´s own water meter and readings have shown that in the last 3 weeks over 1300 Units of water have been used which at a cost of around 2.35 Euro per unit equates to about 3,055 Euro, in other words 1000 Euro per week. The water level drops by around 7 inches each night and takes about 9 hours to refill every day, during which time there is not enough water pressure to operate the showers, hand basins and toilets in the pool area.
Whilst it was known the Pool does leak, I had no idea it was on such a large scale. The pool has had a leak for 7 years that I know of, and some six years ago an Engineer was brought in to discover where the leak was. The investigation revealed that a pipe leading from the Pool to the Pump Room was cracked. Pepe suggested that the wall be demolished and the pipe replaced. Some of us on the Committee at that time felt that fitting a smaller pipe inside the cracked one and welding it at each end would solve the problem much more easily and cheaply.
Since that time, as far as I know, nothing has been done about it, nor do I know whether any discussion has taken place at any of the Committee meetings. This would seem to raise some questions.
If nothing has been done about the leak for 7 years, why not ? One explanation might be that due to the internal squabbling between opposing factions, for the last 4 years or so, until this year, there has been no money available to repair it. Nevertheless, 1000 Euro per week to keep the Pool topped up, whether paid for by the Bar or the Community, would seem an unacceptable amount.
There is also the moral question of condoning the wastage in such large quantities of, a precious resource. What action, if any, would the Water Authorities take were they to know this was happening. Would they suspend the supply of water to the Pool until such time as they were given proof that repairs had been carried out?
Where is all this water going to ? Is it eroding the materials in the wall ? If so, could a catastrophic collapse of the Pool wall occur at any time ?
This is clearly a subject for urgent discussion and investigation.
Monday 11 June 2007
Sunday 10 June 2007
Letter
A registered letter has been sent to Pepe from the Leader of the other faction.
It expresses some concerns regarding the operation of the Swimming pool.
Mr Moran told me Pepe had shown him the letter. Which complains about outsiders being allowed to use the pool and the lack of a lifeguard. Both these subjects have been covered in previous posts, so I will not repeat them here.
The letter also asks if any insurance cover has been taken out regarding the pool.
Mr Moran assured me that he had shown Pepe the relevant insurance documents.
If I can obtain a copy of the letter and a translation I will post them here in due course.
It expresses some concerns regarding the operation of the Swimming pool.
Mr Moran told me Pepe had shown him the letter. Which complains about outsiders being allowed to use the pool and the lack of a lifeguard. Both these subjects have been covered in previous posts, so I will not repeat them here.
The letter also asks if any insurance cover has been taken out regarding the pool.
Mr Moran assured me that he had shown Pepe the relevant insurance documents.
If I can obtain a copy of the letter and a translation I will post them here in due course.
Food for Thought
Mi Sol Bar has now started serving evening meals, a new proper Chef has been employed.
Having tested it myself, I can highly recommend both the menu and the quality of the meals.
Having tested it myself, I can highly recommend both the menu and the quality of the meals.
Thursday 7 June 2007
Committee Meeting
A Committee meeting was held in the Office yesterday morning. It was altogether a very unpleasant experience for all attending. One Committee member walked out in disgust after about half an hour.
Pepe had previously agreed to write the cheque for the Gardeners wages at this meeting. When he was asked to do so, he flatly refused. Pepe was reminded in no uncertain manner that the overwhelming majority of Owners wanted to keep Steve as Gardener, and it was his responsibility to carry out their wishes. This was said to Pepe repeatedly, not just by the Committee members present, but also several times by the Administrator, who told Pepe he was totally wrong in the action he was taking.
Pepe was asked why he was so determined not to employ the Gardener, against the wishes of the Community. He answered that "Steve drives round in the car all day" From the amount of work being done, this is clearly not true. Pepe was asked how he knew, when he (Pepe) was not here on Mi Sol most of the time.
He also said Steve was not cleaning properly, this is clearly not true, as even a casual observation will reveal how clean and tidy the "bin" area is kept now for example.
He then said the old Gardener Juan was better than Steve, this was met with gasps of amazement, Shelagh Shaw pointed out Juan had spent 7 weeks working in her circle and he still did not finish it.
Eventually Pepe agreed to write the cheque, but only for the amount of 724 .00 Euro, not the 815 Euro as had been agreed, by the Community, and indeed by himself when Steve had been employed. Pepe said that a standard minimum wage for a Gardener was 724 .00 Euro per month, and was written on the standard contract of employment. The Administrator agreed this was so, but pointed out the Community could pay any amount they wished above that minimum. This had all been pointed out and agreed at the recent EGM.
Pepe was adamant, and after an hour of arguing, the Committee agreed to accept the cheque, as it was perfectly obvious Pepe was not going to write a cheque for any other amount. The difference is about 90 Euro per month, it was pointed out to Pepe that the Committee had been asking him for several months to cancel the internet in the Office, as it was no longer needed, this would have saved the 90 Euro per month he was refusing to pay, so far he has not cancelled it.
I then asked for a cheque to cover the money I had spent on Weed killer, petrol for the car and strimmers, at first he refused then eventually did write the cheque for 138.26 Euro. In front of some Committee members he had previously agreed to a float of 100 Euro for gardening expenses. He now flatly refused to agree to this, so I shall continue paying for these myself, and attempt to claim it back at each Committee meeting.
The Car documents were produced and it showed that the car for use by the Gardener was not insured. This caused a great deal of anger, as members of the Committee reminded Pepe that he had told us the car was legal and insured. This meant that Steve had been driving on public roads to the garden skips for 6 weeks uninsured, it was also pointed out, that as he did not have a contract, he was not insured himself, and that had he been involved in an accident there could have been serious consequences for all Owners, as they are collectively responsible.
Although the car was purchased in November last year the transfer of Ownership has not been carried out. It was agreed that the new documents be made out in the name of the Community if possible.
Pepe previously had a contract made for Steve, but refused to give it him, the document was defaced and unable to be used. Pepe said he would get a new contract.
A Committee member asked Pepe if he had been putting chemicals into the Swimming pool, Pepe replied he had, however when it was pointed out to him that tests had revealed twice the level of chlorine in the pool than it should have, he then said he had not put any chemicals into the pool.
After this the meeting closed, earlier than would normally have been the case, quite frankly we had all had enough for one day. Important questions regarding why Pepe had been required to visit Alicante on two days in succession about new demands from the Social Security regarding people employed by the other faction, will have to wait for the next meeting.
After the meeting I spoke to Steve and gave him the cheque, understandably he was very upset not being paid the full amount due. However after some lengthy discussion he did agree to stay on as our Gardener until September and review his position depending on the outcome of the AGM.
This morning Pepe produced a new contract, which Steve has signed.
Later in the day Pepe, Shelagh Shaw and myself went to Montesinos and insured the car for the Gardeners use. It was confirmed to us that the car documents can be registered in the name of the Community, it requires a visit to Traffico in Alicante, with the relevant documentation, the Community CIF number and Acts Book.
I realise that much of the above may be construed by a small minority as a personal attack on Pepe, this is not true, merely a documentation of what actually happened. It can be confirmed by speaking to the Administrator, or any Committee member who attended the meeting.
Pepe had previously agreed to write the cheque for the Gardeners wages at this meeting. When he was asked to do so, he flatly refused. Pepe was reminded in no uncertain manner that the overwhelming majority of Owners wanted to keep Steve as Gardener, and it was his responsibility to carry out their wishes. This was said to Pepe repeatedly, not just by the Committee members present, but also several times by the Administrator, who told Pepe he was totally wrong in the action he was taking.
Pepe was asked why he was so determined not to employ the Gardener, against the wishes of the Community. He answered that "Steve drives round in the car all day" From the amount of work being done, this is clearly not true. Pepe was asked how he knew, when he (Pepe) was not here on Mi Sol most of the time.
He also said Steve was not cleaning properly, this is clearly not true, as even a casual observation will reveal how clean and tidy the "bin" area is kept now for example.
He then said the old Gardener Juan was better than Steve, this was met with gasps of amazement, Shelagh Shaw pointed out Juan had spent 7 weeks working in her circle and he still did not finish it.
Eventually Pepe agreed to write the cheque, but only for the amount of 724 .00 Euro, not the 815 Euro as had been agreed, by the Community, and indeed by himself when Steve had been employed. Pepe said that a standard minimum wage for a Gardener was 724 .00 Euro per month, and was written on the standard contract of employment. The Administrator agreed this was so, but pointed out the Community could pay any amount they wished above that minimum. This had all been pointed out and agreed at the recent EGM.
Pepe was adamant, and after an hour of arguing, the Committee agreed to accept the cheque, as it was perfectly obvious Pepe was not going to write a cheque for any other amount. The difference is about 90 Euro per month, it was pointed out to Pepe that the Committee had been asking him for several months to cancel the internet in the Office, as it was no longer needed, this would have saved the 90 Euro per month he was refusing to pay, so far he has not cancelled it.
I then asked for a cheque to cover the money I had spent on Weed killer, petrol for the car and strimmers, at first he refused then eventually did write the cheque for 138.26 Euro. In front of some Committee members he had previously agreed to a float of 100 Euro for gardening expenses. He now flatly refused to agree to this, so I shall continue paying for these myself, and attempt to claim it back at each Committee meeting.
The Car documents were produced and it showed that the car for use by the Gardener was not insured. This caused a great deal of anger, as members of the Committee reminded Pepe that he had told us the car was legal and insured. This meant that Steve had been driving on public roads to the garden skips for 6 weeks uninsured, it was also pointed out, that as he did not have a contract, he was not insured himself, and that had he been involved in an accident there could have been serious consequences for all Owners, as they are collectively responsible.
Although the car was purchased in November last year the transfer of Ownership has not been carried out. It was agreed that the new documents be made out in the name of the Community if possible.
Pepe previously had a contract made for Steve, but refused to give it him, the document was defaced and unable to be used. Pepe said he would get a new contract.
A Committee member asked Pepe if he had been putting chemicals into the Swimming pool, Pepe replied he had, however when it was pointed out to him that tests had revealed twice the level of chlorine in the pool than it should have, he then said he had not put any chemicals into the pool.
After this the meeting closed, earlier than would normally have been the case, quite frankly we had all had enough for one day. Important questions regarding why Pepe had been required to visit Alicante on two days in succession about new demands from the Social Security regarding people employed by the other faction, will have to wait for the next meeting.
After the meeting I spoke to Steve and gave him the cheque, understandably he was very upset not being paid the full amount due. However after some lengthy discussion he did agree to stay on as our Gardener until September and review his position depending on the outcome of the AGM.
This morning Pepe produced a new contract, which Steve has signed.
Later in the day Pepe, Shelagh Shaw and myself went to Montesinos and insured the car for the Gardeners use. It was confirmed to us that the car documents can be registered in the name of the Community, it requires a visit to Traffico in Alicante, with the relevant documentation, the Community CIF number and Acts Book.
I realise that much of the above may be construed by a small minority as a personal attack on Pepe, this is not true, merely a documentation of what actually happened. It can be confirmed by speaking to the Administrator, or any Committee member who attended the meeting.
Monday 4 June 2007
Gardener Update
I have been informed by a member of the Committee that Pepe has agreed to pay the wages for the Gardener at the Committee meeting this Wednesday. I have spoken to Steve tonight and he has agreed to withdraw his resignation.
However to my knowledge Pepe has still not given Steve a contract, and it needs to be seen if Pepe also pays the tax and national insurance required by Law.
However to my knowledge Pepe has still not given Steve a contract, and it needs to be seen if Pepe also pays the tax and national insurance required by Law.
Message for Mrs Doreen Nicholson
Please send an email to misolpark@gmail.com and I will be happy to arrange a meeting with you.
Your email address is not on my database, and was not included with your comment to the Web Log.
Many thanks
Neill
Your email address is not on my database, and was not included with your comment to the Web Log.
Many thanks
Neill
Gardeners Wages
Despite the overwhelming insistence by Owners attending the recent EGM, demanding that Steve be permanently employed as Gardener for Mi Sol, Pepe has so far not had a contract drawn up, and as of this moment has not written a cheque for Steves wages.
I understand some angry Owners are organising a petition to insist that Pepe complies with the wishes of the Community, and urging all owners on site to attend the forthcoming Committee meeting on Wednesday 6th June 2007, and express their views in person.
I understand some angry Owners are organising a petition to insist that Pepe complies with the wishes of the Community, and urging all owners on site to attend the forthcoming Committee meeting on Wednesday 6th June 2007, and express their views in person.
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