C.P. Sol Andalusí Fase 1 Extraordinary General Meeting, 19-07-2012 Page 1 of 5
EXTRAORDINARY GENERAL MEETING
COMMUNITY OF PROPRIETORS “SOL ANDALUSÍ PHASE 1”
THURSDAY, 19TH OF JULY, 2012
The Meeting having been summoned at the request of Mrs. Miyuki Pleece, in her capacity of President, and those
belonging to the community having been summoned in the manner prescribed in Article 16 of the Horizontal
Property Law, the Extraordinary General Meeting of the Community of Proprietors SOL ANDALUSÍ PHASE 1,
commenced in the conference room Velázquez, in the residential complex Sol Andalusí, in Alhaurín de la Torre, at
17:45h in the second summons.
In attendance top table: Mrs. Miyuki Pleece President of the Community
Mr. Ian Matthews Vice-President of the Community
Mr. Pedro Hoz Community Lawyer
Mr. José Luis Cortés Representative of SAGESA Administration
Mr. Ricardo Paláez Clients Executive
Ms. Sylvia Blanco Minute taker, SAGESA
Also present in the Meeting: Mr. Eduardo Denis González Financial Director, SAGESA
Mr. Alberto Núñez Bolaino Community Accountant, SAGESA
The Meeting commenced with a delay of 15 minutes due to the record of the attendees to the meeting and the
proxies delivered.
List of Proprietors present and represented at the Meeting, please refer to ANNEX no.1
The SAGESA Representative, Mr. José Luis Cortés, opens the meeting, welcomes all those present and thanks
them for their assistance to the assembly. The Meeting is held in Spanish with translation into English; the minutes
will be registered in the Book of Minutes in Spanish, in accordance with the Spanish Law.
He then introduces the members of the Top Table and commences with the Order of the Day.
AGENDA
1. Discussion on the removal of the Community’s office and construction of new office in
communal area
2. Response to claims from the association against the Community, decisions to be taken
3. Resignation of the Doctor and annulment of the medical service at Sol Andalusí; discussion
on an alternative medical service
4. Discussion for approval for the installation of individual water heaters and air conditioning
units in Central Building apartments (due to inability to pay the utility and maintenance costs)
5. Questions and answers
Before the discussion of the Agenda can commence, the solicitor representing Sol Andalusí S.A. states her
deepest disagreement with the fact that her representee appears on the list of debtors, as she considers that Sol
Andalusí S.A. is not a debtor but, on the contrary, a creditor, as they have paid out community expenditure that
have been compensated with community fees in the past. She therefore asks for all the votes of her representee to
be considered valid.
C.P. Sol Andalusí Fase 1 Extraordinary General Meeting, 19-07-2012 Page 2 of 5
The Community lawyer replies that Sol Andalusí S.A. has valid votes for those properties whose community fees
they have paid, and they can use those to assert their position with regard to each one of the points of the agenda;
on the other hand, if they do not agree with the decisions approved, they have the choice to challenge them
through the courts.
Mrs. Iglesias states her protest for having received the call for the present meeting only one day before its
celebration, although she resides in the Community itself.
The Community lawyer points out that, albeit the "Ley de Propiedad Horizontal" states a minimum period of 6 days
prior to the call for an Annual General Meeting, it only requires that an Extraordinary General Meeting is called
"with sufficient notice".
The Clients' Executive explains the voting system that will be used this time: each attendee receives one sheet per
vote he/she is holding; in said sheet the points of the agenda are listed along with three boxes each; the voter has
to mark the box with the option of his/her choice ("in favour", "against" or "abstention") for the corresponding point.
At the end of the meeting, the sheet will be collected and the votes counted.
The meeting commences with the Agenda.
1. DISCUSSION ON THE REMOVAL OF THE COMMUNITY’S OFFICE AND CONSTRUCTION OF NEW
OFFICE IN COMMUNAL AREA
The Community Lawyer explains that Sol Andalusí S.A. has informed that they need the premises of the
Community' s office for their use. Consequently, the office has been set up temporarily in the President's apartment
until another solution is found. It is proposed to occupy an area in the corridor of the hallway that leads to the
medical centre in the building called La Giralda, raising false walls and arranging for the installations needed
(electricity, telephone and air conditioning). The Community Board has obtained two separate quotations for the
work to be done (€1.000,- and € 1.500,- respectively). Using the common areas for a new office would avoid
paying the rent that amounted €475,- monthly, consequently the new office would be amortized with three or four
months.
The lawyer representing Sol Andalusí S.A. reminds the meeting that the Community is still owing them money for
the rent of the old office.
Mr. Martínez suggests that the new office could be located in the corridor of the entrance floor to the building in
order to facilitate accessibility as owners would avoid the use of lifts or stairs. His proposal is very welcomed.
The Community Lawyer proposes that the President be authorised to decide where the new office will be located
according to the most adequate place from a technical point of view.
The SAGESA Representative asks if there are any further queries.
The lawyer of Sol Andalusí S.A. stresses that the eviction of the community's office has not been ordered, but it
was something long known and that the rent is still unpaid.
The vote is taken:
By majority of those present and represented, with one vote against, it is approved to locate and build an
office for the Community in the corridor of the building called 'La Giralda', the location of the same being
subject to technical aspects.
Sol Andalusí S.A., Mr. Fernández Oceja and Mr. Luis Martínez expressively save their respective votes for the
purpose of legal challenges.
2. RESPONSE TO CLAIMS FROM THE ASSOCIATION AGAINST THE COMMUNITY, DECISIONS TO
BE TAKEN
- Please refer to ANNEX No.2 -
The Community Lawyer reports that the Community has received a claim from the 'Association of Proprietors of
Studio Apartments and Bungalows of the Residential Complex Sol Andalusí' against the rejection of the motions
proposed under point 7 of the Order of the Day of the Annual General Meeting that requested a change of the
Community Statutes in order to modify the distribution of costs.
C.P. Sol Andalusí Fase 1 Extraordinary General Meeting, 19-07-2012 Page 3 of 5
In said claim, the Owners Association challenges the result of the voting of points 7A and 7B of the AGM held
March 17th of 2012 which remained unapproved due to the fact that, although the big majority of the votes were in
favour of changing certain Statutes, the unanimity required by Law was not given. The initial claim had a formal
mistake, but once it has been rectified, a period of 20 will be given for the Community to reply to the claim, stating if
it is accepted or not. Now the Meeting has to decide on this.
Mr. Fernández Oceja points out that he would have liked to receive a copy of the claim, and the Community Lawyer
replies that a copy of the same will be distributed together with the minutes of this meeting.
Mr. Fernández Oceja asks why the matter regarding the change of the Statutes is to be voted on again when it was
already disapproved at the last AGM.
The Community Lawyer replies that what is to be voted on here is not the approval of the change of the Statutes,
but the acceptance of the claim presented by the association of proprietors.
An owner asks what is the Board’s recommendation.
The Community Lawyer reminds the meeting that the previous President had ordered a survey on the supplies to
the community; this survey showed that the current distribution of the costs is unfair, consequently the Community
tried to negotiate with Sol Andalusí S.A. in order to solve this problem, but no agreement was reached. As the
change of the Statutes was not approved at this year's AGM due to lack of unanimity, the Association of Owners
had decided to seek legal protection. He also says that as a lawyer and on the basis of the technical survey he
agrees with the claim, and he states that the Community Board supports the claim.
By majority of those present and represented, with eleven votes against, it is approved to declare that the
Community is in agreement with the claim presented by the 'Association of Proprietors of Studio
Apartments and Bungalows of the Residential Complex Sol Andalusí' against the rejection of the motions
proposed under point 7 of the order of the day of the AGM, and to acquiesce to the claim.
Sol Andalusí S.A., Mr. Fernández Oceja and Mr. Luis Martínez expressively save their respective votes for the
purpose of legal challenges.
3. RESIGNATION OF THE DOCTOR AND ANNULMENT OF THE MEDICAL SERVICE AT SOL
ANDALUSÍ; DISCUSSION ON AN ALTERNATIVE MEDICAL SERVICE
It is reported that Dr. Lara has resigned from his post because he has not been paid for his services in the last four
months ; the President explains that Phase 1 has been in arrears with the payments because they had to cover
unforeseen expenses. Consequently she is proposing a new medical service with the same doctor who is aware of
the Community’s situation and knows he will be paid eventually, and he would be willing to come back under other
conditions.
The Clients Executive explains that the previous medical service consisted of the assistance of a doctor and a
nurse, 2 hours a day, 5 days a week, plus the 24 hours Red Button service, the total cost being €3,128 per month.
The new service proposed would consist of a nurse, 2 hours a day, 5 days a week, plus a doctor, 2 hours a day, 2
days a week and the 24 hours Red Button service. By reducing the doctor’s visiting hours, the total cost would be
reduced to €2,500, which would result in a decrease of the expense per apartment from €16 to €10 monthly. The
only problem would be that, temporarily, the doctor’s visits would have to take place in the patient’s apartment by
appointment, as there are no premises available at the moment. The prescriptions would be organised through
Maribel (the nurse) in the new Community’s office.
Some owners demand that the Community ensures that the monies assigned to the medical services are not use
to cover other expenses; consequently the President commits herself to isolate said monies in an extra account.
The Community’s accountant confirms that the amounts assigned to the medical service will be removed
automatically from each collection of community fees.
An owner asks how the Red Button service will be working; it is replied that Maribel will continue in charge of this
service as given.
Dr. Amerigo objects that the Red Button service as it has been working until now cannot be standardized, nor is it
serious, as only one person is in charge 24 hours a day, which in his view is unacceptable, not only because the
important legal responsibilities that this could entail, but also because of the implications for the private life of the
person in charge. Consequently, Dr. Amerigo is in conversations with a company called Flying Doctors, trying to
find an agreement for them to provide their emergency service to the Community.
C.P. Sol Andalusí Fase 1 Extraordinary General Meeting, 19-07-2012 Page 4 of 5
Mrs. Iglesias takes the floor to state that, in terms of Community expenses, her top priority is first of all the medical
service, and secondly the Community’s employees, she would therefore agree with the monies for the medical
service to be put aside; however, by no means would she find it feasible to hold the doctor’s visits in the
apartments.
An owner proposes that a second premises is built in a corridor of the building La Giralda to be used as doctor’s
practice for the Doctor and the nurse. This proposal is very well received.
Mrs. Iglesias states that she would agree to a reduction of the minimum medical service stipulated in the Statutes
of the Community (24 hours Red Button service, nurse, examination room etc.), and this should happen, she would
stop paying her community fees. The President explains that the monies collected from the community fees are not
enough to keep all the services the community has been receiving, this being the reason for the changes proposed.
Mrs. Iglesias points out that the doctor’s house visits, even on a temporary basis, are contrary to the Community
Statutes, she would therefore challenge this.
By majority of those present and represented, with 14 votes against, the new medical service (consisting of
the assistance of the nurse 5 days a week and the doctor’s visits 2 days a week) and the construction of a
doctor’s practice in the building La Giralda are approved.
Sol Andalusí S.A., Mr. Fernández Oceja and Mr. Luis Martínez expressively save their respective votes for the
purpose of legal challenges.
4. DISCUSSION FOR APPROVAL FOR THE INSTALLATION OF INDIVIDUAL WATER HEATERS AND
AIR CONDITIONING UNITS IN CENTRAL BUILDING APARTMENTS (DUE TO INABILITY TO PAY
THE UTILITY AND MAINTENANCE COSTS)
- Please refer to ANNEX No.3 -
The Community’s Lawyer points out that the gas consumption in the Community fluctuates between €24,000 and
€30,000 every two months, whilst the maintenance of the refrigeration tower amounts up to €10,000 per month;
these expenses are unbearable to the Community. The consumption of these utilities falls on 56% of the facilities,
but the hot water has to be kept circulating in order to avoid an outbreak of the legionnaire's disease; this could
bearable for an hotel with 90% of client occupation, but this system cannot be maintained by the Community. The
Community is facing the possibility of the gas supply to be cut off due to non-payment, this being the reason why
the independization of the utilities was proposed at the AGM, the approval of which will be voted on in this meeting.
He also comments that Board has received several quotations for the installation of electrical water heaters with 80
liters capacity for around €375, and air conditioning splitters for a maximum of €1,200 each. He stresses that
obviously every owner has the option to choose the installer he/she wants, but the more proprietors use the same
installer, the better the price will be.
The SAGESA Representative confirms that in doing this, the community fees will be reduced as it is shown in
Annex No.3. Obviously, the electrical consumption in each property will increase individually, but with the
advantage that every owner will pay according to the usage.
The solicitor representing Sol Andalusí S.A. objects that the wording of point 4 of the Agenda does not include the
approval to cut the supply of gas and to turn off the refrigeration tower, a decision that would have to be taken by
unanimity, together with a change in the Community Statutes.
The Community Lawyer replies that the decision to be taken at this meeting is not the cutting of supplies, but the
individualization of the utilities mentioned in view that the gas supplier could cut off the supply due to non-payment.
The vote is taken:
By majority of those present and represented, with 13 votes against (and 2 votes annulled), it is approved
to authorise the proprietors of the Central Building to have individual water heaters and air conditioning
systems installed, placing the splitter units on the terraces (not visible from the outside), and in the façade
of the lower balconies of the Studio Apartments.
Sol Andalusí S.A., Mr. Fernández Oceja and Mr. Luis Martínez expressively save their respective votes for the
purpose of legal challenges.
C.P. Sol Andalusí Fase 1 Extraordinary General Meeting, 19-07-2012 Page 5 of 5
5. QUESTIONS AND ANSWERS
An owner expresses his discontent and disappointment looking at all the problems the complex is facing, and he
remember the prospects he had when he bought the property back then, and he makes the developers responsible
for the current situation of the Community.
Mr. Fernández asks what the situation with regard to the security service is.
The Community Lawyer explains that, following the decision taken at the AGM, one of the watchmen has been
dismissed, and the two guards still employed by the Community are covering night shifts, as well some afternoon
shifts. Obviously the previous service had to be reduced, therefore the surveillance is currently focused on the
entrance to the complex. It is not possible to cover the security patrol and control rounds inside the complex with
only two employees, consequently in case of need the residents should dial 1600. The lawyer adds that the current
security measures are working, as no burglary has occurred.
Mr. Fernández asks for clarification of the tasks to be fulfilled by these employees, as it seems that in some
occasions they are acting as doormen, whilst others they have been considered security guards.
Mr. Hoz replies that although they have been "inherited" from the security company initially contracted by the
developers, these employees are by no means security guards, but controllers. Nevertheless, occasionally they
have attended to certain incidents because of the duty to render assistance, but not as security guards.
An owner asks why the Community does not stop wasting money by repainting the yellow lines on the interior
roads.
The President replies that it is necessary to repaint these lines to avoid that cars are parked in excluded areas, and
eventually in order to be capable to make the offender responsible in case of emergency.
Another owner requests that the bollards and sprinklers broken by visitors and clients of Sol Andalusí S.A. are paid
by the company, and not by the Community. It is also stressed that the Community pays the electrical consumption
of the flood lights installed outside the building for the celebrations of the restaurant.
The President points out that Sol Andalusí S.A. keeps on acting as if they were the owners of the whole complex,
instead of looking for consensus with the Community.
A proprietor takes the floor to point out that she and the majority of the owners had bought an apartment in a
geriatric center that has turned into a touristic complex; she can understand that Sol Andalusí's business has gone
wrong, but, she criticizes, this has never been discussed. In general she feels that there is and there has been a
complete lack of communication from the company.
Another owner asks for details of the contract for the rent of the tennis and paddle courts.
The President explains that the contract was agreed with the previous President and includes a clause that states
that, if the contract is not annulled at a specific deadline, it will be renewed automatically. This has actually
happened in the past, now the Board is waiting for the next possible date to cancel the contract.
A proprietor refers to the previous AGM and asks whether Phase 2 has already had a water meter installed; he
also wants to know if the problem with the "quiosco" has been resolved and if the Phase 2 pool is open again.
It is confirmed that Phase 2 pool is open; however it is unknown whether the water meter has been installed.
Finally, the problem with the "quiosco" is in legal process, as decided at the AGM.
With no further business to be discussed, SAGESA Representative thanks all those present for the attendance to
the Meeting and closes the assembly at 20:30h.
___________________________________ ____________________________________
No comments:
Post a Comment