Sunday 29 July 2007

Removal of document

On the 25th February 2007 I posted an article concerning the change of signatures needed for cheques payable by Mi Sol.

In this post I presented a document showing these changes along with the signatures of those concerned. Whilst, as always, this was done to inform the Community, in hindsight the displaying of signatures may have caused concern to some of those whose signature appeared. Therefore I have removed the document from this Web Log, and apologise sincerely for any upset that may have been caused.

The purpose of this Web Log is to inform the Community accurately and truthfully of events as they occur on Mi Sol, and in order to prove this is the case, documents are provided where possible. However I accept that signatures that appear on documents could possibly be used for illegal activities, and it is certainly not my intention to make anyone vulnerable to this kind of abuse.

¿Financial Information?

Regular readers of this Web Log will have realised that there have been no posts showing Mi Sol Bank statements recently.

I am normally given this information by Committee member Mrs Pat Olive, who liaises with the Administrators Accountant. She does an excellent job of making sure that the accounts are accurate by spotting any mistakes, and having them rectified.

However Pepe has now banned the Administrators APYME from giving any information to Mrs Olive, which in turn of course, prevents me from supplying information, which as Owners you are entitled to receive.

I leave you to draw your own conclusions as to why Pepe has taken this draconian action.

How Petty Can It Get ?

Whilst I was away on my recent holiday, the car used by the Gardener ran out of petrol.
The Gardener has informed me that Pepe has been using the car and trailer for his own purposes.
This seems strange as Pepe has his own cars, and a brand new trailer.

The Gardener asked Pepe for some money for petrol, in order to use the car. Pepe apparently refused this request, the reason is unknown. The Gardener then approached other members of the Committee, who for various reasons, all declined to give him any money for the petrol.

On my return, and hearing of the problem, I supplied money for the petrol, which I will reclaim from Mi Sol at the end of the month.

Some Owners might wonder why when so many thousands of Euro are being wasted on building works, not authorised by the Committee, 20 Euro could not be given for petrol in order that the gardener might carry on with his work.

During this period of my absence, some Spanish owners cleared out a number of household items, and left them outside their property for disposal. Pepe ordered the Gardener to remove these items. The question is, why would Pepe do that, when there is a phone number in the Office to ring the Local Authorities, who will come and collect such items without charge?

Thursday 26 July 2007

Meeting

A meeting was held on 15th July at the Bar Terrace, hosted by Paco. An Owner who attended very kindly gave me a few notes taken at the time,

Paco said that a joint account was in use, for payment of water and electricity charges. The account was in the Cam bank. I am not aware that any such" joint account" exists, given that the Communities´water and electricity charges are paid from the Banco Popular account, why have we not seen any money transferred from the Cam Bank to help towards paying the bills?

Copies of two documents were handed out at the meeting, issued by "The Registro De La Propiedad De Torrevieja No 2", on the 10th July 2007, which indicate that neither Pepe or his Wife have any property on Mi Sol registered in their name. Taken on face value, this would seem to indiate that Pepe has no legal right to be President under the Law Of Horizontal Dwellings.
However I would urge caution, as this may not be the full story. As you are all aware normally I publish any documents referred to on this Web Log, but for legal reasons I have decided not to publish these documents in this case.

It was stated that a Lifeguard is required for the Swimming Pool due to it´s size. I am not sure this is correct, given that the Committee investigated this very point, with the Lawyers and Administrators, before the Swimming Pool was opened this year. In any event, qualified Lifeguards are almost impossible to recruit for Private pools, which means that if the above statement is correct, the Pool will not be able to be used at all.

It was stated that the person cleaning and maintaining the Pool must hold a Health and Safety Certificate.

During the next few days, it maybe other Owners who attended the meeting will give me copies of the notes they made, in which case I will update this posting if necessary.

Tuesday 24 July 2007

Apologies

Please accept my apologies for not posting any news for the last few days. I have just returned from a much needed holiday in Northern Spain. The cold and rain up there was a very refreshing change from the heat of Torrevieja.

Hopefully I will have something new to post tomorrow after recovering from the 1000 km drive.

Saturday 14 July 2007

Food for Thought

At the meeting to be held tomorrow by Paco and his supporters, any Owners attending might consider asking some pertinent questions, such as .

What have they ever done in the last 3 years that has not impacted adversely on the Community as a whole?

Over the same period, what have they achieved towards their stated aim of removing Pepe from Office.?

Why do they do they think it is proper to use Mi Sol facilities such as Showers etc free, and expect the rest of the Community to pay for it?

Why do they demand an official Audit of Mi Sol accounts for the past few years, at huge expense to the Community, when they have never produced a single document showing their finances?

Why do they think their small minority should be able to impose it´s will on the majority of Owners?

Bar Floor

A serious problem has developed in the Bar, two rows of floor tiles from the door to the kitchen have lifted, as though they had been fitted too tightly. This happened quite suddenly and is rather mysterious as those tiles have been in place for some years. They have not just lifted slightly, they are completely raised up and broken. There are no pipes under there as far as we know, raising speculation in some quarters, the problem has something to do with the leaking pool water !!

Pepe has instructed Juan Muñez to dig the floor up and investigate.

Thursday 12 July 2007

Appeal in English







As promised, attached is the notice of appeal in English, to the High Court in Madrid against a judgement given in Elche on the 8th June 2007.

Wednesday 11 July 2007

Suprise ..Suprise


Before starting this post I would like to remind you of a few facts, all of which have been posted on this web log in the past.

All the Owners attending the recent EGM insisted that in future, the Committee were to be informed, and give their approval before any projects were carried out on Mi Sol.

The Committee were to be informed of the cost of such works before they commenced.

Three quotations should be obtained before any work was agreed to.

Pepe said he would abide by the decision I made, regarding the construction of new Wet Room facilities at the bottom of the Park.

I said that after consulting other members of the Committee regarding these works, the majority decision would prevail.




Given the above statements, try to imagine my surprise, when this morning, after consulting only one member of the Committee, I discovered Juan Muñez had already commenced work on the new Wet Rooms!!

At the Committee meeting last Saturday, Pepe said he had a quotation for the work, but did not show it to us, or indeed tell us how much it was for. This was taken on face value, after all two blocks had already been completed and it was reasonable to expect the quotation for the third block to be along similar lines.

This morning Pepe gave me a copy of the quotation, which is attached. The quotation Pepe has agreed to is for the amount of 14,500 Euro, Fourteen Thousand, Five Hundred Euro!!!
50 % to be paid at the commencement of work, the other 50 % on completion.

A perusal of the quotation revealed the sentence :-
se pintaran los techos con pintura blanca plastificada, which as far as I can establish is, "painting the roofs with white plastic paint". Which roofs, or how many of them it does not say.

As far as I know, none of the Committee knew anything about this proposed painting, I certainly did not. Also included on the quotation are two 80 Litre hot water boilers, I pointed out to Pepe it had been agreed not to install hot water in these new Wet Rooms.

This means that in the last couple of weeks Pepe has managed to reduced the balance of Mi Sol Bank Account by 21,500 Euro. An insurance policy of 7,000 Euro the Committee were not consulted about. 14,500 Euro, for Wet Rooms the Committee had not agreed to.

A committee member asked me this afternoon whether work on the Wet Rooms could be stopped by the Administrator, I replied that enquiries would be made, but that as Pepe holds the cheque book and writes the cheques, as long as someone counter signs them, what could we do ?

Tuesday 10 July 2007

Wet Rooms

Pepe has been in contact with Mi Sol Lawyers, regarding the legal position of the Wet Rooms.

The situation would seem to be as follows, at this moment in time :-

We are obliged to provide toilet facilities.

The two we have at the moment do not constitute the minimum number required.

We are not allowed to charge Owners for using theses facilities.

Interestingly, we are NOT obliged to provide HOT WATER.

Pepe has proposed building a third Male and Female Wet Room, plus an Invalid Room, sited at the lower end of Mi Sol. This seems fair, given the other two are at the top and centre of the Park.

The cost will be in excess of 4000 Euro, Pepe has promised to give me a copy of the quotation, which will be posted here.

The specification calls for light switches fitted with automatic timers, and taps with automatic shut off valves. These will also be fitted to the other Wet Rooms. No hot water will be supplied.
The electric boilers are the most expensive part of operating the Wet Rooms, which are mainly used in the Summer holiday period.

Pepe has left the decision of whether to proceed with this project or not, to me.

Later today I will be consulting with as many Committee members as possible to elicit their opinions. The views of the majority will prevail.

After consideration of the legal position, and reading the specification, I have reluctantly concluded it would probably be in the best interests of Mi Sol to proceed with the project.
It would give all owners equal access to facilities we are apparently legally bound to provide, despite the decision of the AGM of September 2007, when a majority voted to close all shower blocks.
Hopefully it would also pre-empt further possible legal action through the Courts by Paco and his supporters, which in the end would almost certainly cost the Community more than the installation of a couple of showers and toilets.

New Bills


Pepe advised me yesterday, that the new accounts for Owners water and electricity charges will be available from today, and can be collected from the Office as usual.

Attached is a revised bill for water and electricity charges relating to the Swimming Pool, as agreed at the Committee meeting last Saturday.

Sunday 8 July 2007

New Wet Rooms

Earlier this week, I had a conversation with Pepe, in which he said the Spanish Owners were complaining that there were not enough Wet Room facilities. I decided not to mention this conversation, until the matter had been discussed at yesterdays Committee meeting.

Pepe told me that the floor of one of the present Wet Rooms was covered in human faeces, and that another shower Block, that has yet to be converted to Lock Up storage, still has all the sanitary fittings in place. Certain Owners who still have keys to this building, have been using the toilet facilities, knowing very well that there is no water supply connected to the building !! I would add the disclaimer here, that it is what I have been told, I have not seen it (or smelt it ) for myself.!!

Pepe went on to say that he had been obliged to have 15 keys cut for the Wet Rooms, and needed a further 15. He said that if an owner requested a key he was obliged to give them one, this included an English Owner, she must presumably agree with the Spanish view, that it is a jolly good idea to have hot water and electricity for free, letting the rest of us pay for it !!

I said to Pepe that it had been agreed to have the Wet Rooms metered, so that those that used them paid for using them. Pepe replied that it was illegal to charge people to use the Wet Rooms, because we are a camping site. In reply to this I said that this argument regarding Mi Sol being a camping site was used many times by the Spanish Owners., but how many of them actually lived in caravans or tents ? Most of them had houses on their plots. There not very many Owners nowadays, English or Spanish, who did not have their own bathroom facilities.

The question regarding the status of Mi Sol was then brought into question, regarding the new constitution called a Vecino of Owners. This is the point being investigated by the Administrator, referred to in the last post.

"Tongue in cheek" Pepe suggested we build a shower block in every circle !! Of course if you take the Spanish Owners attitude to it´s logical conclusion, he is quite right, we should all abandon our own bathrooms and use free water and electricity supplied by Mi Sol, and of course every weekend we could bring lots of relatives, friends and hangers on to enjoy this utopia as well !!

Committee Meeting

A Committee meeting was held in the Office yesterday morning, it started later than normal, due to short notice of it being held.

Normally Committee meetings are held on the first Saturday of the month, but sometimes, if the Administrator is not available, they will be moved to another date.

The meeting was told Steve the Gardener is taking one weeks holiday from the 11th to 18th July.
Pepe asked the keys be left in the car. Pepe has been using the trailer, why we do not know as he has a new trailer of his own.

Pepe said he had given the Bar a factura for the water and electricity used for the pool, however a discussion took place regarding the large amount of water being lost from the pool every night. Although all parties knew the pool was leaking, we had no idea it was on this scale. It was eventually agreed that the bill for water usage 0f the pool be limited to 800 Euro per month, Mi Sol would pay the rest.
The Administrator, Alberto pointed out that if the water Authorities discovered we were wasting this amount of water they would cut off the supply immediately. This is something I have alluded to in past posts. The question was raised, where is all this water going to, and what damage, if any, is it doing to the structure of the pool. Shelagh Shaw said the pool had been repaired a couple of years ago, I replied, if that was the case, it had not been done properly.
It was pointed out, that the repairs should have been carried out before the start of the season.
We had expected the pool to be open much later this year under the Stewardship of the Bar, however in the circumstances, it needs to be closed as soon as practicable, and urgent repairs carried out.

Pepe told the meeting that the Spanish Owners were complaining to him that there were not enough Wet Room facilities. He suggested building another Male and Female Wet Room, plus one for the use of people with disabilities. He would give me a copy of the quotation for this work to be carried out. I pointed out to him, that there was no objection in principle to more facilities provided they were all metered , so that the people using them, paid for the water and electricity used, not the rest of the Community. I pointed out to the Administrator that a majority of Owners at the AGM in September 2006 voted for all Shower Blocks to be closed.
I asked him if this was legal, he replied yes. I then asked him if it was legal to charge for people to use the present facilities, he was not sure. In the end it was decided that the Administrator would seek the legal answers to this problem from the Lawyers, until this information was available to the Committee, no further Wet Rooms would be considered. I will return to this subject in another post.

I said that several Owners had shown concern regarding the the overgrown nature, and dangerous condition of many of the trees on the Park. It was agreed that proper contractors would be brought in to deal with the problem. This is unlikely to happen before October, as now is not the proper time to cut the trees. It was pointed out that the last time we had the trees pruned, we were denounced by a member of the opposing faction.

A discussion then took place regarding a cheque Pepe had written for 7000 Euro. It was explained this was for 3rd party insurance for the Park, and included the Swimming Pool.
The Administrator explained that this was a reasonable figure for the cost of insurance given the size of the Community. Derek Olive explained that the Bar had already paid for insurance to cover the Pool. After some discussion, it seemed that the two insurance policies covered different things.

At this point I had to leave the meeting, due to a prior arrangement. I have not had an opportunity so far to determine if anything else of substance was discussed, if it was there will be a report here.

Thursday 5 July 2007

Fence Damage

Attached is a photo of damage caused to the Mi Sol fence, measuring about 3 feet square.
From the neatness of the cuts, it would appear bolt croppers were used.

Apart from allowing easy access to Mi Sol, it is also a danger to pedestrians walking on the footpath in Parque Naciones.

Whilst there are no eye witnesses to the event, it does bear the hallmark of the handiwork of a youth well known to Owners on Mi Sol, who has a previous track record of similar damage to another part of the fence.

Left click on the photo, to see an enlarged version.




Now you see it... Now you don´t

After a short career spanning some 6 hours, the new sign at the entrance to Mi Sol erected by Paco, seems to have been removed by a person or persons unknown, in broad daylight too !!!

Wednesday 4 July 2007

New Sign

Attached is a photo of a new sign erected by Paco and one of his friends today at the entrance to Mi Sol.

Tuesday 3 July 2007

Bank Statement

Here is the latest statement from Banco Popular.

There are three cheques of note, one for Euro 7000. One for Euro 1000 and another for Euro 1008 . 74. I have no idea what these amounts are for, as Pepe has not asked me to sign any cheques now for some weeks. This is not a surprise, once he discovered Owners were being told what cheques were actually being signed for, he now takes them all for Shelagh to sign.

I did speak to Pepe this morning about various issues, during the conversation he did mention paying for Insurance for the Park, which he said included the Swimming pool. This seems strange when there is already insurance covering the Bar and Swimming Pool, and Pepe has been shown the Policy by Mr Moran.
Pepe did not say how much the insurance payment was, maybe it was one of the cheques mentioned above. I will try and discover what the cheques were for.


Despite the insistence by a large majority of Owners attending the recent EGM that the Committee be informed of any work to be carried out or payments made, BEFORE such work is carried out or payments made, this is clearly not being adhered to, the wishes of the Community are being ignored.

Monday 2 July 2007

Pool Eviction

Yesterday, the Large Spanish youth who has been the cause of much antisocial behaviour and vandalism on Mi Sol, was found using the swimming pool. He had previously been banned from the pool area by Mr Moran because of his antisocial behaviour and vandalism.

Rather than try to evict the youth himself, Mr Moran called the Guardia Civil. Before they arrived, the Mother of the youth presented herself at the Bar, screaming and shouting to the effect that her Son had every right to use the Pool.

Officers of the Guardia Civil did arrive promptly, and after having the situation explained to them by Mr Moran, ordered the youth to leave the pool area, and explained to his mother, that if he was found in the pool area again a Denuncia would be made against her Son

Sunday 1 July 2007

Appeal








Attached is a document Pepe gave me, indicating that Mi Sol Lawyers have lodged an appeal against the ruling of 18th June 2007 in Elche, where the Court ruled Mi Sol will have to repay a Spanish owner money the Courts in Torrevieja awarded to Mi Sol for debt against the Owner.

I am trying to get an English translation of the document. When it is available I will post it here.