Letter

Included with the minutes of the Annual Meeting of Paco and his supporters is a letter which is attached here. This is entitled "Essential Minimums For A Reconciliation"

An inspection of the accounts provided by them, reveals that only 12 Owners paid them any money last year, why do this small minority think they can dictate to the vast majority, what should or should not be done on Mi Sol by the Democratically elected President and Committee?

Very conspicuous by it´s absence is their fundamental demand that the rest of the Community should pay the Euro 36616 . 00 they owe to THEIR Administrator. They employed him, we did not.

1. I recall our Administrator advising me that Pepe would not be eligible to stand for President for 5 years, but after that, as an Owner, and having paid all his bills, it would be his fundamental right to stand if he so wished.

2. The Committee and myself take advice from our Administrator and Lawyer on rules and Statutes under Spanish Law that is why they are employed by the Community.

3. Regarding the term of Office, the period of one year was proposed, seconded and approved at the AGM on September 29th 2007.
I can only carry out transactions and administration agreed at their General Meeting. I don´t think so !!

4. Election of President and Vice president, one British, one Spanish, with equal rights. They would probably have had a Spanish Vice president if Paco had kept his word and voted with the rest of the Community at the AGM in September.

5. Dismissal of the Committee or the Administrator. This would would only occur with the application of Spanish law. See point 2.

6. This had already been done before the AGM.

7. Committee meetings are held on the first and third Tuesday of the month at 4.pm, any Owner is welcome to attend. At every Committee meeting held so far, there have been some Owners attending to listen to the proceedings.

8. Should any plots become available, they will be sold, after taking advice. Again see point 2.

9. An Extra Ordinary Meeting will only be called when there is a reason to hold one. If anyone other than myself wishes to call such a meeting they must gain the sanction of at least 25% of the Owners, who must have paid their fees up to date and be legally entitled to vote.

10. Considered as Urgent Make Mi Sol a Limited Company. Apart from my job as a Self Employed Electronics engineer, I am also the Gerente (President) of a Spanish S.L (equivalent to an English Ltd) Company, registered in Madrid. Whilst leaving the financial and legal matters to the people employed to do this work, I can tell you something about it.
Even though I am in 50/50 partnership with a friend, I am the Gerente, you can only have one President. My signature alone is required on any cheques signed on behalf of the Company.
Tax has to be paid by the Company on the salary received by the Gerente, this amount is determined by Hacienda (Tax Office). This tax must be paid even if the Gerente does not actually receive any payment from the Company. The Company must pay the Social Security payments due on behalf of the Gerente. The Company must register and pay I:V:A (VAT) , in the case of Mi Sol the only Customers would be the Owners, who of course would all be shareholders, including other taxes, the bills would have to be increased by up to 20% to cover these costs. Any money left over after "outgoings" would be classed as profit, and of course subject to tax. The accountancy fees for administering a business the size of Mi Sol would be considerable. Even if making Mi Sol a Limited Company was considered desirable, due to the legal situation of Mi Sol at this time, it would be impossible to achieve.

Reorganization of the drainage system supervised by Aguagest. Whilst this is something that would be an advantage to Mi Sol, by diverting the sewerage to Parque Naciones it is going to cost in excess of Euro 52000 . 00, and does nothing to address the sewerage problems that many circles experience. Neither would it be a perfect solution, Parque Naciones have problems themselves with sewerage.

Closing of the gates on Mi Sol. The vast majority of Owners are in favour of this, but it needs to be done properly, with a system acceptable to all Owners. I am still waiting for advice from our Lawyer regarding a recent Court decision concerning the gates. This Court decision arrived after a judgement period of over 10 Years.

Revision of the contract concerning Mi Sol Bar. A strange one this as the letter mentions it twice. Very few, if any, of the people complaining about it actually use the Bar.
I understand that the present contract is for a period of 5 years, normal under Spanish Law, and that subject to all fees being paid to Mi Sol, there is an automatic right to renewal by the Bar tenant. This subject will be discussed in a separate post later, when I have all the facts from Mi Sol Lawyers.

Regarding the Swimming pool, although I did negotiate a contract with the Bar tenant to run the pool area last year, there ware no transfer of rights. The contract has finished, and the pool is again under the control of the Committee.

Revise the condition of the "Strength Box"?? and Transformer. The transformer and the main distribution cables have already been uprated this year, and are at present adequate for our needs.

For any work three estimates will be produced. This is already being done, where practical, there are times when three quotes are unobtainable, for example in the case of contractors for the gardening. We have been unable to get three contractors willing to submit quotations.

For all of these agreements, the spirit will be more fulfilled than the interpretation of the words. If a written agreement is made, it should mean what it says, not decide what you think it means.

The opening of a new Bank account for water and electric payments. This is completely impractical, there will never be enough money in the account to actually pay the bills.

Finally we ask for a new appointment. They have been informed several times, by me, by Mi Sol Lawyer, and Administrator, that we want a meeting immediately, but I will not condone the expense of Lawyers being employed at such a meeting when they are irrelevant to the exchange and inspection of accounts for the purpose of reaching agreement. This is the advice from our own Lawyer.