An unknown male has been discovered sleeping rough in a derelict Casa at the top of the site.
This same person seems to have used a walking stick to steal a music mp3 player from a visitor staying next door, he was about to use the same trick to steal a camera, when he was discovered and ran off. He had previously entered other Owners properties, but was discovered and ran off.
In a separate incident, I discovered this morning two unknown men sleeping on a sofa on the veranda of another Owners property. I called Shelagh Shaw, and together we visited Pepe to discuss how to get rid of them. During the conversation, the two men walked up Mi Sol past us.
Pepe attempted to question them, with little success, they did not seem to be Spanish
I asked Pepe several times to call the Guardia Civil to question them, but he seemed reluctant to do so. They then availed themselves of the facilities of the nearby newly refurbished Wet Room, which had been left unlocked, before ambling off Mi Sol.
Several Owners have asked me why the security gates are not put back into working order, and in fact I received an email this very week on the subject from an Owner. Pepe has been asked by the Committee on more than one occasion to have the gates restored, with a more vandal proof operating system, so far nothing has been done. Previously the gates were disabled twice, simply by inserting a stick into the sensors and destroying them.
Owners would be well advised to keep their gates locked at all times to prevent casual entry by unwelcome visitors.
Thursday 31 May 2007
Help Wanted
Would anyone be interested in taking the minutes of the monthly Committee meetings in English ?
You would not have to be a member of the Committee or be involved in anything other than taking the Minutes unless you wanted to be.
Under Spanish Law our minutes have to be taken in Spanish, which is done by the Administrators APYME.
They do an excellent job, but we have to wait for a member of their staff to have the time to translate the Minutes.
It would be extremely helpful if we could have them taken in English as well.
If anyone would like to volunteer please let me know by email to
misolpark@gmail.com
You would not have to be a member of the Committee or be involved in anything other than taking the Minutes unless you wanted to be.
Under Spanish Law our minutes have to be taken in Spanish, which is done by the Administrators APYME.
They do an excellent job, but we have to wait for a member of their staff to have the time to translate the Minutes.
It would be extremely helpful if we could have them taken in English as well.
If anyone would like to volunteer please let me know by email to
misolpark@gmail.com
Wednesday 30 May 2007
Buyer Beware
This is a notice given to me by another Committee member after visiting Mi Sol lawyers yesterday.Tuesday 29 May 2007
Saturday 26 May 2007
Letter from Pepe
I have attached a letter from Pepe, with a basic English translation, which came to me via Secretary of Mi Sol, Shelagh Shaw. I do not know whether this letter was intended to be distributed to all Owners or just to Mrs Olive and myself.
I fully accept Pepe´s right to inform all Owners of Mi Sol, what the Committee, myself included, do or do not do as it affects the Owners of the Park. However I do expect that any information given to the Community concerning our activities should be accurate and truthful.
You will be aware that I do not knowingly make personal comments on this Web Log, but as this letter would appear to be a personal attack on Committee member Mrs Olive and myself, I feel obliged to give you the facts. I have not spoken to Mrs Olive about this letter yet, however if she feels a desire to respond I will post it here.
I would first like to draw your attention to the section "ratified in all the meetings taken place until today´s date 22/5/2007" This is clearly not true, as a majority of Owners attending the AGM of September 2006 voted that Pepe should stand down as President in February 2007.
At the meeting with Pepe on the 15th April 2007 to discuss the appointment of Stephen Foley as gardener for Mi Sol, it was agreed at Pepe´s suggestion I would be responsible for the day to day organisation of Mr Foleys work.¨ I recall no mention of a 14 day trial period. It was agreed the wages would be 815 Euro per month after any stoppages.
It is true that I told Mr Foley to carry on working after his 14 day trial period, explaining that I would put it to the Owners attending the forthcoming EGM, which was due a few days later for their decision. I also told Pepe twice, once in front of other Committee members that I would not condone him sacking Mr Foley, and that the Owners should decide. Pepe has yet to give me a reasonable explanation of why he wants to sack the Gardener, except for saying he is not satisfied with his work. No Owner has yet complained to me about the work of Mr Foley, and indeed without exception, all Owners I have spoken to on the subject are pleased with his activities.
Even if all the above was a figment of my imagination, please consider this, at the EGM a few days ago an overwhelming majority of the Owners present insisted Mr Foley be kept on as Mi Sol Gardener, that his wages would be 815 Euro per month after stoppages, and that I would be responsible for the Gardeners activities, without interference from Pepe. Any Owner who wishes, can easily verify this for themselves by visiting the offices of the Administrator or talking to any of the Owners that attended the meeting.
With regard to the accusation that Mrs Olive and myself are "playing games" against the best interests of Mi Sol, please consider these FACTS.
There is at this moment around 40,000 Euro in the Mi Sol Bank account at Banco Popular. It is a long time since Mi Sol had this kind of money in the Bank. This has been acheived by hard work over the last three years or so by the Administrators and Mrs Olive in bringing Mi Sol accounts to a standard where court cases can be brought, and won against debtors. Yes, Pepe has more work because he has to attend the Court cases as Mi Sol representative, but there would not be any Court cases without the hard work previously mentioned. Please remember the Court cases so far have only been for 2004. The cases for 2005/2006 have recently begun.
The Shower Blocks were costing all Owners a great deal of money, because they were abused, lights left on, water left to run all night etc, etc. Complying with the wishes of the majority of Owners attending the AGM 2006, they were closed. However, the Committee and Pepe agreed to a proposal to refurbish two sections of Shower blocks for emergency use. Pepe also suggested making half a shower block into a garage to house the gardening car, trailer and tools. This has been done. The remaining available shower Blocks have been converted into four storage units in each block, these are now an asset to Mi Sol, each storage unit will produce 200 Euro per annum into Mi Sol funds.
This was an initiative by Mrs Olive, which she brought to fruition.
The conversion's were carried out at no financial cost to Mi Sol.
The swimming pool is leaking, it has leaked for the past seven years, this was costing a great deal of money to all Owners. I made an agreement with Mr Moran, for the Bar to take over the day to day running of the pool. No one but Mr Moran and I knew of this agreement until I had put the proposal to Pepe verbally and in writing in Spanish. Pepe agreed to the proposal, and it was put to the members attending the recent EGM. The meeting totally agreed to the proposal. This now means that Mi Sol is no longer paying to replace the leaking water, no longer paying for the chemicals to maintain the pool, no longer paying for the fortnightly inspection and testing of the water quality, no longer paying for the insurance, no longer having to pay for the employment of a Lifeguard or pool attendant. In other words it is saving Mi Sol a great deal of money, and one less thing for Pepe to worry about.
Mi Sol is now paying less for Gardeners wages, because the last Gardener, Juan, was paid extra to maintain the swimming pool. That cost is now paid by the Bar. If we pay the new Gardener what we are told is the standard rate for Gardeners, it works out like this :- 724.00 Euro for a 31 day month equates to 23.35 Euro per day. By paying him 815 Euro for a 31 day month this equates to 26.30 Euro per day. This is 2.95 Euro per day extra plus a very small amount in extra tax, that is still costing Mi Sol less than with the previous Gardener.
If anyone believes, and can prove, anything written in this post is not true, please let me know.
Should anyone still believe any of the above is "playing games" or working against the best interests of Mi Sol, please send your replies on a postcard.... to somewhere else !
It gives me no pleasure to have to write this post. Contrary to a minority view of some Owners, I am not for or against anyone, I am for the best interests of the majority of Owners of Mi Sol.
I have no wish to engage in a "tit for tat" slanging match, this is my personal Web Page, not influenced by anyone, but if accusations are made against me, which are clearly unfair, I feel I have the right to reply with the truth.
I fully accept Pepe´s right to inform all Owners of Mi Sol, what the Committee, myself included, do or do not do as it affects the Owners of the Park. However I do expect that any information given to the Community concerning our activities should be accurate and truthful.
You will be aware that I do not knowingly make personal comments on this Web Log, but as this letter would appear to be a personal attack on Committee member Mrs Olive and myself, I feel obliged to give you the facts. I have not spoken to Mrs Olive about this letter yet, however if she feels a desire to respond I will post it here.
I would first like to draw your attention to the section "ratified in all the meetings taken place until today´s date 22/5/2007" This is clearly not true, as a majority of Owners attending the AGM of September 2006 voted that Pepe should stand down as President in February 2007.
At the meeting with Pepe on the 15th April 2007 to discuss the appointment of Stephen Foley as gardener for Mi Sol, it was agreed at Pepe´s suggestion I would be responsible for the day to day organisation of Mr Foleys work.¨ I recall no mention of a 14 day trial period. It was agreed the wages would be 815 Euro per month after any stoppages.
It is true that I told Mr Foley to carry on working after his 14 day trial period, explaining that I would put it to the Owners attending the forthcoming EGM, which was due a few days later for their decision. I also told Pepe twice, once in front of other Committee members that I would not condone him sacking Mr Foley, and that the Owners should decide. Pepe has yet to give me a reasonable explanation of why he wants to sack the Gardener, except for saying he is not satisfied with his work. No Owner has yet complained to me about the work of Mr Foley, and indeed without exception, all Owners I have spoken to on the subject are pleased with his activities.
Even if all the above was a figment of my imagination, please consider this, at the EGM a few days ago an overwhelming majority of the Owners present insisted Mr Foley be kept on as Mi Sol Gardener, that his wages would be 815 Euro per month after stoppages, and that I would be responsible for the Gardeners activities, without interference from Pepe. Any Owner who wishes, can easily verify this for themselves by visiting the offices of the Administrator or talking to any of the Owners that attended the meeting.
With regard to the accusation that Mrs Olive and myself are "playing games" against the best interests of Mi Sol, please consider these FACTS.
There is at this moment around 40,000 Euro in the Mi Sol Bank account at Banco Popular. It is a long time since Mi Sol had this kind of money in the Bank. This has been acheived by hard work over the last three years or so by the Administrators and Mrs Olive in bringing Mi Sol accounts to a standard where court cases can be brought, and won against debtors. Yes, Pepe has more work because he has to attend the Court cases as Mi Sol representative, but there would not be any Court cases without the hard work previously mentioned. Please remember the Court cases so far have only been for 2004. The cases for 2005/2006 have recently begun.
The Shower Blocks were costing all Owners a great deal of money, because they were abused, lights left on, water left to run all night etc, etc. Complying with the wishes of the majority of Owners attending the AGM 2006, they were closed. However, the Committee and Pepe agreed to a proposal to refurbish two sections of Shower blocks for emergency use. Pepe also suggested making half a shower block into a garage to house the gardening car, trailer and tools. This has been done. The remaining available shower Blocks have been converted into four storage units in each block, these are now an asset to Mi Sol, each storage unit will produce 200 Euro per annum into Mi Sol funds.
This was an initiative by Mrs Olive, which she brought to fruition.
The conversion's were carried out at no financial cost to Mi Sol.
The swimming pool is leaking, it has leaked for the past seven years, this was costing a great deal of money to all Owners. I made an agreement with Mr Moran, for the Bar to take over the day to day running of the pool. No one but Mr Moran and I knew of this agreement until I had put the proposal to Pepe verbally and in writing in Spanish. Pepe agreed to the proposal, and it was put to the members attending the recent EGM. The meeting totally agreed to the proposal. This now means that Mi Sol is no longer paying to replace the leaking water, no longer paying for the chemicals to maintain the pool, no longer paying for the fortnightly inspection and testing of the water quality, no longer paying for the insurance, no longer having to pay for the employment of a Lifeguard or pool attendant. In other words it is saving Mi Sol a great deal of money, and one less thing for Pepe to worry about.
Mi Sol is now paying less for Gardeners wages, because the last Gardener, Juan, was paid extra to maintain the swimming pool. That cost is now paid by the Bar. If we pay the new Gardener what we are told is the standard rate for Gardeners, it works out like this :- 724.00 Euro for a 31 day month equates to 23.35 Euro per day. By paying him 815 Euro for a 31 day month this equates to 26.30 Euro per day. This is 2.95 Euro per day extra plus a very small amount in extra tax, that is still costing Mi Sol less than with the previous Gardener.
If anyone believes, and can prove, anything written in this post is not true, please let me know.
Should anyone still believe any of the above is "playing games" or working against the best interests of Mi Sol, please send your replies on a postcard.... to somewhere else !
It gives me no pleasure to have to write this post. Contrary to a minority view of some Owners, I am not for or against anyone, I am for the best interests of the majority of Owners of Mi Sol.
I have no wish to engage in a "tit for tat" slanging match, this is my personal Web Page, not influenced by anyone, but if accusations are made against me, which are clearly unfair, I feel I have the right to reply with the truth.
Stolen Car
Here is a copy of an email I received from Owner Simon John.
If any of you have seen this car, or can help in any way please contact Simon directly.
If any of you have seen this car, or can help in any way please contact Simon directly.
Renault Megane Estate 19 RD Dark Blue Reg 8359 BNV
Stolen from Mi Sol Park Torrevieja
Any of you guys seen it ???
Cheers.
Simon 96 571 4521
mobile 607 987 047
100 th Posting
This is the 100th posting to this Web Log since it´s inception in February this year.
I have received 72 emails from Owners in this time. There have been no negative comments against the Web Log, it´s content or myself in any of these emails. I am very grateful to all those Owners who have taken the time and trouble to send me their thanks and encouragement.
During conversation, two Owners have verbally accused me of using this Web Log to attack Pepe.
However both these Owners admitted to me that they had in fact NOT READ THIS WEB LOG THEMSELVES !!! It seems rumour, speculation and downright lies are still prevalent amongst certain members of the community, despite being given the facts here, and on paper in the Office.
Whilst it takes a great deal of time and effort to produce this Web Log, I am happy to continue producing it as long as the Owners who read it are satisfied that it is giving them accurate and useful information.
I have received 72 emails from Owners in this time. There have been no negative comments against the Web Log, it´s content or myself in any of these emails. I am very grateful to all those Owners who have taken the time and trouble to send me their thanks and encouragement.
During conversation, two Owners have verbally accused me of using this Web Log to attack Pepe.
However both these Owners admitted to me that they had in fact NOT READ THIS WEB LOG THEMSELVES !!! It seems rumour, speculation and downright lies are still prevalent amongst certain members of the community, despite being given the facts here, and on paper in the Office.
Whilst it takes a great deal of time and effort to produce this Web Log, I am happy to continue producing it as long as the Owners who read it are satisfied that it is giving them accurate and useful information.
Monday 21 May 2007
Cheques
Attached is a list of cheques signed today.
The first one is for the monthly fee to APYME the Administrators.
The second one is Euro 700 towards paying off the amount we owe APYME.
The third one is for repairs to the swimming pool and related works by Juan Muñez.
Sunday 20 May 2007
Vecino of Owners
There are often discussions by owners regarding the "Status" of Mi Sol. Many still believe it is Mi Sol Camping, and use this argument, for example, to object to the closing of shower blocks.
I have attached a copy of a document from the Lawyers representing Mi Sol, which has been pinned up in the Office since October 2005. I have also attached a copy of the legal document showing the change of Mi Sol to the Asociacion of Vecinos De Mi Sol Park, dated 13th May 2005.
When time permits I will post a copy of the "Articles of Association", in English, this consists of some 10 pages detailing how the Park is to be administered.
Saturday 19 May 2007
Tuesday 15 May 2007
Burglaries
There seems to have been a spate of burglaries again on the Park during the last couple of weeks.
In one particular case a new shower unit , and kitchen appliances were stolen.
One of my car windows was smashed whilst parked outside my house, and items taken.
I have been given a report that another Owner had his car keys stolen whilst he was in the house, the thief driving off in the Owners vehicle. I have not been able to confirm this with the Owner in question, but hope to do so tomorrow.
All Owners would be advised to take particular care in securing their homes when away, and being aware of the possibility they might be vulnerable to crimes committed by the opportunist type of thief, when in their homes.
In one particular case a new shower unit , and kitchen appliances were stolen.
One of my car windows was smashed whilst parked outside my house, and items taken.
I have been given a report that another Owner had his car keys stolen whilst he was in the house, the thief driving off in the Owners vehicle. I have not been able to confirm this with the Owner in question, but hope to do so tomorrow.
All Owners would be advised to take particular care in securing their homes when away, and being aware of the possibility they might be vulnerable to crimes committed by the opportunist type of thief, when in their homes.
Monday 14 May 2007
Entrance Damage
One of the walls at the entrance to Mi Sol has been severely damaged by vandals, and will need rebuilding.
I have been told by an Owner that the Spanish youth who has caused a great deal of damage and unpleasantness will soon be leaving the Park. It seems the family are being evicted by their Landlady. If true this is good news indeed.
I have been told by an Owner that the Spanish youth who has caused a great deal of damage and unpleasantness will soon be leaving the Park. It seems the family are being evicted by their Landlady. If true this is good news indeed.
Sunday 13 May 2007
Pool Repairs
The swimming pool has been emptied and the missing tiles replaced.
It is now being refilled, a slow process as the pressure on the walls has to be increased slowly.
Hopefully it will be ready for use later this week, which is good news, as it seems Summer has finally arrived.
It is now being refilled, a slow process as the pressure on the walls has to be increased slowly.
Hopefully it will be ready for use later this week, which is good news, as it seems Summer has finally arrived.
Friday 11 May 2007
Thursday 10 May 2007
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.
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.
Tuesday 8 May 2007
Meeting with the Administrator
A meeting was held this morning Tuesday 8Th May 2007 at the Office of the Administrators APYME.
Attending were Alberto the Administrator, Melanie his assistant, Pepe, Committee member Mrs Pat Olive and myself.
The meeting opened with Mrs Olive asking Alberto to explain the long delay in producing the last set of Owners bills. He replied that the majority of bills were straightforward, and could quickly be produced, but that a small minority required much more attention and time spent on them by Antonio the Accountant. It was agreed by all present, that in future Mrs Olive will visit the Administrators office on a regular basis and deal directly with Antonio. This should avoid delay and confusion in the future.
Mrs Olive asked when Mi Sol would get its Web site back in order that Owners may view their accounts online, the one we used to have had been destroyed. I do not remember the exact answer to this question, but I believe it was to be discussed with Antonio.
Pepe produced a document showing the amount of Suma Mi Sol had paid on behalf of Owners who had not registered their plots at the Suma Office. The document also showed the list of Owners that this applied to. It was agreed to charge the amounts owing, to the Owners concerned, by adding the amount to their bills, plus added charges for the costs involved.
It was agreed that Owners who have not yet done so, should visit the Suma Office in Torrevieja and register their plots in their own names.
I asked Alberto how much was owed to them by Mi Sol, and as mentioned in a recent post the figure is in the region of 11,900 Euro. I then asked Alberto why Pepe would not sanction payment of this amount to them, now that there were plenty of funds in the Mi Sol Banco Popular account to cover this amount. Alberto put this question to Pepe who replied that we needed the money for repairs to the swimming Pool, new Wet room, Court cases in Madrid, Elche, and that we must pay the Lawyers fees or we would be in trouble. It was finally agreed that in addition to the normal cheque every month, 500 Euro extra would also be paid until the arrears were paid off.
Pepe then produced a document with a list of cheques and the amounts. Whenever Pepe asks me to sign any cheques he always brings copies of these documents for me to sign and gives me a copy. I always thought these documents were to authorise the Bank to pay the cheques in question, although I was never sure why the Bank needed such authorisation.
A conversation in Spanish took place between Alberto and Pepe, after which Alberto translated as follows :-
These documents are to instruct the bank to pay ONLY the cheques on the list, if Shelagh Shaw and myself signed a cheque together, without Pepe knowing, the Bank will not honour it.
Where Pepe thinks Shelagh and I are going to get cheques from, I have no idea as Pepe keeps the cheque book. The question of who should hold the cheque book, Pepe or the Administrators, I hope to clarify at the EGM tomorrow. Alberto then told Mrs Olive and myself that Pepe wants not only control but " total control " Alberto's words , not mine.
Alberto showed us an email he had received from an Owner, who said that after reading on this web Log, advice given to me by the Administrators regarding the minimum notice required to call an EGM and an AGM, 24 hours and 6 days respectively, he could find no mention of this in the Statutes. That the meeting proposed for 9Th may 2007 is illegal, because notice of the meeting shall be sent by registered letter to the domicile of each owner.
This was discussed at length, and Alberto assured me that what I had printed here was an accurate account of what I had been told by the Administrators office , and true under Spanish Law. Alberto produced documents in Spanish and English relevant to the Law on this subject and has promised to provide me with copies which I will post here when I have them.
The owner went on to say that when I urged Owners to use their proxy vote by email, this was nonsense, as he had no idea what issues were being voted on. I can only refer you to my post of Monday April 30th 2007 headed Extraordinary General meeting, after the first paragraph, under DAYORDER it shows 1. Inform of the Court cases of the Community, and situation. Take decisions. 2. Questions and requests.
The Owner then went on to say that he was registering a formal complaint to Mi Sol Lawyers and his own Lawyer and that he would challenge through the Spanish Courts any decision made at the meeting he thought undemocratic.
After reading this email I wondered if this Gentleman had been reading Mi Sol Statutes. The question of whether Mi Sol Law or Spanish Law takes precedence, may be open to debate.
I do not take sides or express opinions here, only reporting information given to me by people I believe qualified to give it. Should a challenge be made at the meeting regarding its legality, I will listen to the Lawyers answer with great interest, and report it here.
Pepe then told Alberto that he was unhappy with the work of the Gardener, and wanted to sack him. I repeated my previous stance on this subject to Alberto, that the meeting tomorrow should decide. Alberto translated this to Pepe, at which point Mrs Olive and myself left the meeting, Pepe remained.
Attending were Alberto the Administrator, Melanie his assistant, Pepe, Committee member Mrs Pat Olive and myself.
The meeting opened with Mrs Olive asking Alberto to explain the long delay in producing the last set of Owners bills. He replied that the majority of bills were straightforward, and could quickly be produced, but that a small minority required much more attention and time spent on them by Antonio the Accountant. It was agreed by all present, that in future Mrs Olive will visit the Administrators office on a regular basis and deal directly with Antonio. This should avoid delay and confusion in the future.
Mrs Olive asked when Mi Sol would get its Web site back in order that Owners may view their accounts online, the one we used to have had been destroyed. I do not remember the exact answer to this question, but I believe it was to be discussed with Antonio.
Pepe produced a document showing the amount of Suma Mi Sol had paid on behalf of Owners who had not registered their plots at the Suma Office. The document also showed the list of Owners that this applied to. It was agreed to charge the amounts owing, to the Owners concerned, by adding the amount to their bills, plus added charges for the costs involved.
It was agreed that Owners who have not yet done so, should visit the Suma Office in Torrevieja and register their plots in their own names.
I asked Alberto how much was owed to them by Mi Sol, and as mentioned in a recent post the figure is in the region of 11,900 Euro. I then asked Alberto why Pepe would not sanction payment of this amount to them, now that there were plenty of funds in the Mi Sol Banco Popular account to cover this amount. Alberto put this question to Pepe who replied that we needed the money for repairs to the swimming Pool, new Wet room, Court cases in Madrid, Elche, and that we must pay the Lawyers fees or we would be in trouble. It was finally agreed that in addition to the normal cheque every month, 500 Euro extra would also be paid until the arrears were paid off.
Pepe then produced a document with a list of cheques and the amounts. Whenever Pepe asks me to sign any cheques he always brings copies of these documents for me to sign and gives me a copy. I always thought these documents were to authorise the Bank to pay the cheques in question, although I was never sure why the Bank needed such authorisation.
A conversation in Spanish took place between Alberto and Pepe, after which Alberto translated as follows :-
These documents are to instruct the bank to pay ONLY the cheques on the list, if Shelagh Shaw and myself signed a cheque together, without Pepe knowing, the Bank will not honour it.
Where Pepe thinks Shelagh and I are going to get cheques from, I have no idea as Pepe keeps the cheque book. The question of who should hold the cheque book, Pepe or the Administrators, I hope to clarify at the EGM tomorrow. Alberto then told Mrs Olive and myself that Pepe wants not only control but " total control " Alberto's words , not mine.
Alberto showed us an email he had received from an Owner, who said that after reading on this web Log, advice given to me by the Administrators regarding the minimum notice required to call an EGM and an AGM, 24 hours and 6 days respectively, he could find no mention of this in the Statutes. That the meeting proposed for 9Th may 2007 is illegal, because notice of the meeting shall be sent by registered letter to the domicile of each owner.
This was discussed at length, and Alberto assured me that what I had printed here was an accurate account of what I had been told by the Administrators office , and true under Spanish Law. Alberto produced documents in Spanish and English relevant to the Law on this subject and has promised to provide me with copies which I will post here when I have them.
The owner went on to say that when I urged Owners to use their proxy vote by email, this was nonsense, as he had no idea what issues were being voted on. I can only refer you to my post of Monday April 30th 2007 headed Extraordinary General meeting, after the first paragraph, under DAYORDER it shows 1. Inform of the Court cases of the Community, and situation. Take decisions. 2. Questions and requests.
The Owner then went on to say that he was registering a formal complaint to Mi Sol Lawyers and his own Lawyer and that he would challenge through the Spanish Courts any decision made at the meeting he thought undemocratic.
After reading this email I wondered if this Gentleman had been reading Mi Sol Statutes. The question of whether Mi Sol Law or Spanish Law takes precedence, may be open to debate.
I do not take sides or express opinions here, only reporting information given to me by people I believe qualified to give it. Should a challenge be made at the meeting regarding its legality, I will listen to the Lawyers answer with great interest, and report it here.
Pepe then told Alberto that he was unhappy with the work of the Gardener, and wanted to sack him. I repeated my previous stance on this subject to Alberto, that the meeting tomorrow should decide. Alberto translated this to Pepe, at which point Mrs Olive and myself left the meeting, Pepe remained.
Dog Attack
I was told this morning, that a dog belonging to Pepe attacked a small dog belonging to a neighbour, causing serious injuries. The Owner of the small dog was unable to deal with the situation as his wife is seriously ill in hospital. Another Owner took the the injured dog to an emergency Vets for treatment. The lady who took the dog to the Vets, told me that the Vet had given her a written report on the extent of the injuries to the dog and a receipt for 60 Euro, which she had paid for the treatment.
The lady also told me that she had shown the report and receipt to Pepe, who denied any responsibility and threw the report and receipt onto the road, before storming off.
I understand it is possible a Denuncia will be made against Pepe to the Guardia Civil concerning the attack.
The lady also told me that she had shown the report and receipt to Pepe, who denied any responsibility and threw the report and receipt onto the road, before storming off.
I understand it is possible a Denuncia will be made against Pepe to the Guardia Civil concerning the attack.
Payments to APYME
On the attached document, you will see under " Justify of the Balance " Pending Payments / Administration of APYME - 11,938.12 Euro. This is the amount Mi Sol owes our Administrators, It arises from 2004 when there was no money in the Bank. APYME agreed to defer their charges until Mi Sol had sufficient funds to pay them.
The latest Bank Statement shows a balance of around 39,000 Euro, but Pepe has so far refused to pay them. Even if he did not feel able to pay the whole amount now, we could afford to make two payments, half now, half later.
The Administrators refused to release the latest Owners Bills, until I went down to their office with two cheques on Monday morning, See attached.
Monday 7 May 2007
Gardener
Pepe is trying to sack the new Gardener Steve, demanding the keys to the car, garage and the tools.
Last Friday morning, Pepe started ranting at me that the gardener was not doing his job, and must be sacked. Again this morning he did the same, I simply replied that I was not prepared to sanction that, and if he wanted to sack Steve he must ask the Community Owners for their opinion at the forthcoming EGM on Wednesday.
When Steve was appointed, Pepe delegated responsibility to me, but Pepe is constantly interfering often telling Steve to do the opposite from the instructions I have given him.. Why does he do that ?
Pepe agreed the wages of the gardener to be 815.00 Euro per month, why then has he written a cheque for 326.90 Euro for two weeks wages. Where did he get this figure of 724.00 Euro per month? See attached document.
To my knowledge there have been no complaints regarding Steve's work, indeed every Owner I have spoken to on the subject has expressed satisfaction that finally we have a Gardener who is working hard to make the Park a nicer place.
I have told Steve not to hand the keys to Pepe, and continue working until the Community have expressed their wishes regarding his employment at the EGM.
Saturday 5 May 2007
Court Appeal
Attached is a document given to me by the Leader of the other faction, a few days ago. It was claimed to show that Pepe is appealing to the Courts in Madrid, against a decision given by the Courts at Elche in September 2006. You will see it bears the signature of the Lawyer for Mi Sol.
In keeping with my desire to present you with facts rather than speculation, I took this document to an Official Translator. This was at my own expense.
Attached is the translation, bearing the Official Stamp., and a receipt for payment.
Because the original document contains four pages, I first discussed the contents of the document with the Translator. As you can imagine the majority of it contains Spanish legal preamble.
It was decided due to the high cost only to translate the most salient part, this is the paragraph marked on the original document. This contains 244 words at 12 centimos per word, so you can image the cost of translating the whole document.
The document would appear to be an intent by Pepe to appeal against the Court ruling in September 2006 , because it is claimed that the EGM called by the other faction, at which they elected a President and Committee, was not legal. I attended that meeting, and at the time agreed with it, because Pepe had walked out of the previous AGM, thus making that meeting null and void. He then refused to call an EGM until the following Easter, when many Owners wanted an EGM as soon as possible after the void AGM. Some interesting points arise regarding this document.
1. Why was it that the Committee or myself did not know this document existed until a few days ago, especially when at a meeting of some members of the Committee and Mi Sol Lawyers recently ( see previous post on this subject ), the Lawyers were asked to divulge the details of any court cases pending ? You will notice the document is dated 22nd November 2006.
2. Where is this appeal to be held? I was lead to believe it was going to be in Madrid, I see no mention of that. This is a question to be asked of Mi Sol Lawyers at the EGM next week.
3. When Pepe walked out of the AGM making it null and void under Spanish law, he refused to call an EGM until the following Easter, the reason he gave was, quoting from the translation, "the majority of proprietors were resident in the United Kingdom "... Why then has he called an EGM for next week with only a few days notice ? There was not enough time to send proxy voting papers by post to the U.k and have them returned by post in time for the meeting, thus preventing "a majority of Proprietors" from having a say or vote at the meeting on May 9th 2007. Of course those of you reading this can send your proxy vote by email, as mentioned in a previous post. Given these circumstances, I would urge all of you to take advantage of this, no matter who you wish to vote for you.
Thursday 3 May 2007
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