Update since the AGM

You will soon be receiving the minutes but in the meantime I would like to clarify some points relating to the attempts your board have made to try and make a deal with Sol Andalusí SA with regard to management of finances and the gas and electricity consumption in the Central Building.

By way of explanation the following is a summary from a memo which I sent to the community lawyer, José Luis Castillo.

Following the Fase 1 AGM (05.04.11), I would like you to write a Burofax to the lawyer of Sol Andalusí, Inmaculada Calvo, on our behalf. 

We will not make a counter offer as we are no longer prepared to be drawn into any further fruitless discussions with Sol Andalusí SA.   The following summary of the last 12 months explains why:

·       May 2010.  Luis Martinez signed a document expressing a desire to increase the contribution of Sol Andalusí SA to utility costs and a commitment to pay their community fees monthly.

·       Result:    None.  Later Mr Martínez denied any recollection of the document.

·       December 2010.  After many long and protracted meetings and discussions, Sol Andalusí SA agreed to pay 40% of the unmetered amount of electricity in the central building and 40% of the gas used in the central building.

·       Result:  None.  Despite being given a generous deadline, no signature was received in time.  When the matter was retrieved in January 2011, it was claimed that there had been a misunderstanding about the 40%.

·       February 2011.  A new percentage of 9.78% was offered to Fase 1 and accepted. 

·       Result:  None.  Despite being given several weeks, the proposal was not sent in adequate time for inclusion in the aforementioned AGM. (This was essential as the proposed budget for 2011 was based on the inclusion of the 9.78%.)  The proposal failed to include several items which had been agreed and included a new condition not previously discussed.  This related to a condition impossible to fulfill as it required my commitment as President that neither the Community, nor any individual would take any legal action against Sol Andalusí in the future and that failure to do this would mean the withdrawal of the contribution of Sol Andalusí as offered.

 Experience has shown us that despite assurances to the contrary, there has probably never been an intention from Sol Andalusí to deliver an agreement.  The last year can be added on to five previous years during which time we have never felt like a partner in this relationship.  

Experience also shows us that Sol Andalusí will almost certainly fail to pay their fees or expenses in the future.  So in order to manage our finances we have no option other than to cease payments which are not correctly and legally made to Fase 1 community and this includes invoices for water and electricity.  We have a moral duty to pay staff and fulfill other contractual agreements and certain other suppliers which we will attempt to do, assuming sufficient funds.

In addition to the above:

As you can imagine it is something of a shock and disappointment to buy into something as a residential complex designed for retired people only to find that now we are a kind of entertainment venue.  We have parties, weddings and communions, and as I write there is some sort of weightlifting championship going on.  The music is thumping, the behaviour of the audience is akin to a burlesque show and the car park is overflowing. 

Yesterday, Saturday 23 April, there was a “castillo hinchable” inflated in the communal area of the Plaza and a party at lunchtime  directly beneath my apartment in the Salon Goya.   We had to bear loud music and the shrieks and screams of children right through the siesta hours.   Although we have written by Burofax on more than one occasion to the management, we have received no response.  It is flagrantly against the byelaws of the community to locate a  “castillo hinchable” on the space which is shared with the community.  We have no objection to the tables and chairs relevant to the day to day business of the bar on this shared space, but the disruption and inconvenience caused by parties and events is not welcome and we will not hesitate to take legal action against Sol Andalusí if these activities continue.