Power cut - What went wrong from 20th November

The events of that week are very much regretted, here at least is a full explanation.

SUNDAY

On Sunday the 20th of November at 11.00am, due to heavy downpour the main electrical current disconnecting switch unit, situated at the main entrance of the complex broke down.

Sol Andalusi S.A telephoned the company known as “Telco” of the problem, and thereby sought their professional assistance for the necessary repairs; this company refused to attend unless payment in cash was made for a previous pending Community invoice, of which Sol Andalusi took upon itself to make the mentioned payment so that this company could investigate or repair the electrical problem, the personnel from this company finally arrive the same Sunday afternoon, and they detected the electrical current disconnecting switch unit was completely broken and beyond repairs, it therefore had to be substituted.

The Community could not intervene in this matter until they had been informed, which occurred on Sunday night, when the Community client executive (Ricardo) is informed of what has happened, he is further indicated by Sol Andalusi that the problem and responsibility lies with the Community because the electrical current disconnecting switch serves everyone including the central building.  (this electrical element is exclusively owned by Sol Andalusi S.A, of which it is their responsibility and not the Community) He immediately attempts to convey the situation of the above mentioned to the Community President and the Administrator by email.

MONDAY

On the Monday the 21st, the Administrator communicates to Chechu from Sol Andalusi, that the Electrical current disconnecting switch unit is their property, of which he expects of them to act accordingly in its repairs and its maintenance; he further commented that he would be on site the following morning to discuss with Sol Andalusi the situation.

Sol Andalusi inevitably takes the decision on the Monday the 21^st to substitute the broken unit and therefore agrees to the payment of its delivery, but with one exemption that in due course the Community accepts part of this payment. (The decision taken by Sol Andalusi in respect of the payment is unilateral due to the urgency of the situation)

Sol Andalusi immediately set out to find a replacement electrical disconnecting switch unit, but their head of maintenance informs them that a replacement unit will take about three weeks to acquire, they therefore phone various distributors to ascertain the availability of a replacement unit and alternative quotes, on the same Monday three different companies arrive to quote for the electrical disconnecting switch unit; Telco, Semi and Elecsur.

TUESDAY

The client executive would like to make clear that at all times Sol Andalusi head of maintenance kept him informed of the progress. Unfortunately the decision to acquire the electrical disconnecting switch unit could not be taken until the relevant quotes had been received; the awaited quotes did not arrive till the following day Tuesday the 22^nd. If there has been a lack of communication between the Community and its owners, it was simply because there was nothing further to communicate to them at the time.

In the absence of clarifying news as to when the repairs of the suppose breakdown would take place, we notified all owners by placing notices of the situation throughout the central building, (the Community office, the bar, at reception and all access door)

In which we stated that the envisaged repairs would be prolonged for a further two days.

On Tuesday morning the 22^nd the Administrator schedule meeting took place with representatives of Sol Andalusi in which they communicated that they had agree to replace the electrical disconnecting switch unit at their expense, and were awaiting

the relevant quotes. On Tuesday early afternoon the quotes were received by Sol Andalusi, they concluded to accept the quote given by “Telco” because of its speed in acquiring the components for the electrical disconnecting switch unit within 48 hours, so as to begin to re-establish the electrical supply to the complex.

The work involved:

·      Acquire the relevant components for the unit.

·      Installation of the components on site.

·      Fitting and adjustment of the power points.

·      Pass the OCA inspection as authorised by the supplier

·      Connection by Endesa.

This occurs in the late Tuesday, and was communicated to the client executive to the Community early Wednesday morning.

WEDNESDAY

We didn’t place further notices of the above mentioned work until Wednesday afternoon; it is when we had received notification by “Telco” that the components for the electrical disconnecting switch unit would be fitted by them early Thursday morning. It is then that we change the previous notices for new ones. (See attached.

THURSDAY

On Thursday the 24^th without any changes to the agreed accordance, and on the same day late afternoon, the client executive to the Community commences to communicate to all owners, assuring them that the electricity to the central building will be re-establish on Friday afternoon. All transpire in accordance with the agreed.

FRIDAY

Friday midday the replacement unit is installed and ready for its inspection by OCA. By early afternoon the inspection takes place and we notify all owners by telephone, email and verbally that we are 99% sure of having the electricity supply restored to them by 18.00pm as communicated to us by the main electricity supplier Endesa.

At the mentioned hour the technical personnel from the electricity supplier Endesa connected the electricity supply. But the electricity connecting switch unit, for reasons unknown to us, is unable to charge the current, so no electricity supply to the central building. The technical body comments to us, is that they are not sure what is causing the failure, it could be that when the unit initially burnt it might have damage the transformer, that there is an electrical shunt in the main entry cable or something else, and not knowing exactly the cause, they could not assure us the time to re-establish the re-connection to be able to have the normal electricity supply.

At 19.00pm the client executive to the Community once again communicates with the owners by phone, to inform them of the problem, and he informs them that no guarantee can be given for the restoration of the electricity supply, and to neither leave the hotel they are presently staying, he instruct them to keep phoning Sol Andalusi reception so that they can update them on the situation. At 19.30pm the client executive closes the Community office without having further news to communicate to the owners, and the problem is still unresolved. 

At 20.00pm the client executive is notified, that the problem has finally been resolved and that the electricity supply has been restored to the complex, by this time the client executive is now at home in Malaga, and so decides to leave the matter in the hands of Sol Andalusi receptionist, as the owners will be informed of the good news via Sol Andalusi reception.

Lo que salió mal sobre la avería de corriente

Cronología de los acontecimientos:

DOMINGO

El día 20 de Noviembre a las 11:00 a.m. se produce una avería en el Seccionador de corriente que está a la entrada del complejo. Desde recepción se avisa a Marcos Cardoso y éste llama a la empresa autorizada Telco para que determine el alcance de la avería. La empresa se niega a acudir hasta que no se haga efectiva una factura pendiente a nombre de la comunidad, factura que hace efectiva Sol Andalusí Costa del Sol para que así vengan. Telco acude ya por la tarde y dictamina que el seccionador está completamente roto y tiene que ser sustituido. La Comunidad no interviene hasta el domingo por la noche que informan a Ricardo de lo sucedido. Ricardo manda e-mail a Miyuki y a José Luis Cortés de Sagesa comunicando lo sucedido y para intentar clarificar posturas: desde Sol Andalusí le indican que es problema de la Comunidad puesto que el seccionador sirve a todo el edificio central pero dicho elemento es propiedad de Sol andalusí, por tanto responsabilidad suya.

LUNES

Ya el lunes 21 José Luis Cortés de Sagesa informa a Chechu de Sol Andalusí que el seccionador es propiedad de Sol y como tal debe ser reparado/mantenido por la misma. Sol Andalusí entonces toma la decisión de llevar a cabo la sustitución del seccionador asumiendo el pago del mismo pero a cuenta de un futuro pago por parte de la Comunidad. Es una decisión unilateral tomada por la urgencia de la situación.

El Jefe de Mantenimiento de Sol Andalusí es el encargado de buscar el nuevo seccionador y comunica que para sustituir el averiado por uno igual hay que esperar un mínimo de 3 semanas, así que se pone en marcha para buscar distintas empresas que proporcionen alternativas. El mismo lunes pasan por aquí 3 empresas diferentes; Telco, Semi y Elecsur.

MARTES

El Jefe de Mantenimiento de Sol Andalusí está en todo momento en comunicación con Ricardo comunicando los progresos. Los presupuestos que elaboran dichas empresas no llegan hasta el martes 22, es por eso la falta de comunicación (no había nada que comunicar). Ante la ausencia de noticias clarificatorias de cuándo se iba a arreglar la avería, se colgaron carteles por el edificio (tablón, oficina de la comunidad, bar, recepción, puertas de acceso) en el que se avisaba de que la avería se prolongaría un mínimo de dos días mas. El martes Sol Andalusí estudia los presupuestos (llegaron a primera hora de la tarde) y se decide por la oferta de Telco (la más rápida) que da un plazo de 48 hrs desde que lleguen los componentes del seccionador para que se pueda restablecer el suministro. Este trabajo se compone de:

• Pedir los componentes del seccionador
• Montaje de los mismo in situ
• Adecuación de las tomas al nuevo seccionador
• Pasar la OCA (inspección por parte de empresa autorizada)
• Conexión a Endesa

Esto sucede a última hora del martes y se le comunica a Ricardo a primera hora del miércoles.

MIÉRCOLES

No se cuelgan carteles avisando de la nueva situación hasta el mismo miércoles por la tarde, que es cuando se recibe confirmación por parte de Telco de que los componentes del seccionador van a empezar a ser colocados a primera hora del jueves. Entonces se cambias los carteles antiguos por otros nuevos (adjuntos).

JUEVES

El jueves transcurre sin cambios y acorde a lo previsto, y por la tarde Ricardo empieza a comunicar a los comuneros que la luz casi con total seguridad volverá a ser restaurada el viernes por la tarde, previa confirmación. Todo transcurre acorde a lo previsto, a medio día del viernes el seccionador está montado y listo para pasar la OCA. La OCA se pasa a primera hora de la tarde y se comunica a los comuneros (por teléfono, e-mail, de palabra) que 99% seguro que la luz volverá sobre las 18:00 que es cuando nos ha dicho Endesa que nos reconectará.

VIERNES

A dicha hora se personan técnicos de Endesa y dan corriente. El seccionador, por motivos que se desconocen, no carga así que no hay luz en el complejo. Nos dicen los técnicos que no saben cual es la avería ahora, si es que al quemarse el seccionador ha dañado al transformador, que hay una derivación en el cableado de entrada, o cualquier otra cosa, y además al desconocer la causa de la avería no nos dan ningún plazo para restablecer el suministro.

A las 19:00 Ricardo vuelve a contactar con los propietarios (por teléfono) para comunicarles el problema y decirles que no se garantiza el suministro y que se planteen no dejar los hoteles en los que están. Se les dice que vayan llamando a Recepción de Sol Andalusí para que les vayan indicando la evolución de la avería. A las 19:30 Ricardo cierra la oficina sin que se haya resuelto el problema.

A las 20:00 llaman a Ricardo diciendo que la avería ya ha sido resuelta y que ya hay luz en el complejo. A esa hora Ricardo ya está en Málaga y decide dejar las cosas como están, que los propietarios se informen de la situación a través de la Recepción de Sol Andalusí.

Adjunto los dos carteles que se pusieron.

Desperate request - Petición desesperada

Dear all,
If you have been falling behind with your community payments can I please urge you to settle up now?  We have so many bills we cannot pay and these people want paying for work or materials and equipment that they have already done or provided.  Today I had a supplier in tears as he has had to borrow money from the bank in order to pay his staff because we have not paid him.  Others have been accepting part payments from us, but now we can't even afford the part payments.
We continue with legal action both here and in UK to chase the guys who owe the massive sums but there are also many people who owe smaller amounts and we will have to follow those up too in January but this costs the community time and money to do.  So please pay as much as you can.

Estimados propietarios:

Si os habéis retrasado en vuestros pagos de cuotas de Comunidad, ¿puedo por favor pediros que os pongáis al día con urgencia? Tenemos un montón de facturas a las cuales no podemos hacer frente y que necesitan ser atendidas por ser relativas a trabajos ya hechos y/o a materiales ya adelantados.  Hoy tuvimos la visita de un proveedor con lágrimas en los ojos porque había tenido que pedir un préstamo personal para hacer frente a pagos a sus trabajadores por la deuda que tenemos contraída con él. Otros han aceptado pagos parciales, pero no podemos ahora mismo ni siquiera garantizar esos pagos aplazados.

Estamos continuando con las acciones legales tanto aquí como en el Reino Unido para intentar perseguir a esos deudores de grandes sumas, pero hay también un gran número de pequeños deudores que nos cuestan un tiempo, recursos y dinero de los que no disponemos en perseguirlos, pero que vamos a tener que hacer en Enero. Por favor, pónganse al día para evitar esto lo antes posible.

Leer contadores/Reading Meters

Estimado propietario/inquilino:

Necesitamos acceder a su vivienda para tomar lectura de los contadores de luz y de agua y así regularizar las lecturas. Le rogaría por favor se pusiera en contacto conmigo el viernes 9 de Diciembre o el martes 13 de Diciembre para intentar organizarlo. Aquellas lecturas que no se puedan tomar antes del 21 de Diciembre tendrán que ser estimadas.

Muchísimas gracias

Dear owner/tenant:

We need to access your property in order to read the electricity and water meters.  Please contact me at the community office next Friday 9^th or Tuesday 13^th to organise it. Those readings that cannot be taken before the 21^st December will have to be estimated.

Thank you very much

Ricardo Peláez

Comunidad de Propietarios

Tel: 952 649261

E-mail: comunidad.solandalusi@gmail.com

Horario Oficina Comunidad Dic 11 y Ene 12 Community Office Hours December 11 - January 12

Vacuna gripe/ Flu jabs

El próximo miércoles día 19 de Octubre a las 16:30 se personará en la clínica un equipo del Centro de Salud de Alhaurín de la Torre para vacunar contra la gripe a aquellos propietarios que así lo deseen. Por favor contacten con Ricardo en el 1514 o con el doctor Antonio Lara para organizar la vacunación.

Muchísimas gracias.

"Lo unico que hay que hacer es ponerlas en las sillas de la sala de espera"

Next Wednesday the 19th October at 16:30 staff from the Alhaurín de la Torre Health Centre will come to the Clinic to offer flu vaccinations. If you would like to have a jab, please contact Ricardo at 1514 or Dr Antonio Lara to organise the vaccination. Thank you.

I am back with a lot of news

Dear all,

Please accept my apologies for the delay it has been a long, busy, summer but I’m back with news.  And a lot of it: Before you start, please do one important thing.

Please send me an email at  miyukipleece@gmail.com and confirm your name as a propietor so that I can co-ordinate your email addresses with you as real people.

I have been Presidenta for just over a year now, and now, as at the beginning I have the same three priorities :

The changing of the statutes

The pursuance of debtors

The unfair distribution of energy costs, particularly in the central building.

There are myriad other problems which crop up all the time and sometimes impede progress of the above.

News: Where to start?

The community board

Gerald Salters and Gerard der Kinderen have both resigned from the board.  I thank them both for all the time and effort they have put into the community and I am pleased to say that Ian Matthews has agreed to act as Treasurer.   At our last community meeting, 12 September there were several differences of opinion and additionally Gerald Salters was frustrated at the lack of progress in several areas.  I share his frustration but continue to do what I can, not only with little man power but also being severely under-resourced financially.

In July, there was a move by Sol Andalusí to cancel all debts. They wanted to write off:

·      that which is owed by Fase 1 to Sol Andalusí SA;

·      that which is owed by Sol Andalusí SA to Fase 2

·      that which is owed by Fase 2 to Fase 1

There is no advantage to Fase 1 to agreeing with this and I asked the lawyer, Pedro Hoz to respond.  This was the answer:

As President of the Comunity of Owners of Sol Andalusi Phase I, I would like to let you know the following:

I am not going to sign the agreement that you had presented us and dated July for the following reasons:

1- The community will not pay the €94.394,87 of electricity invoices which have been invoiced to your company until an invoice is issued in the name of the community

2-  The community disputes some of the invoices totalling the €56.002,34.  Some should be paid by the promoter others have to be shared with Phase 2, and others still have to be justified

3- Regarding the Martinez Guzon irrigation water account the community has not had sight of an invoice produced by the Water Association, and we believe that part of the consumption has been used in the building of Phase 2. Also, the starting up of the gardens of both Phases should be paid by the promoter, plus we believe that some of that water is being used to water the private plot of land belonging to  Mr Martinez Guzon. It is for all these reasons that we do not accept the balance of this account.

4-  We don’t accept your offer because according to an independent engineer’s report, the commercial premises use 40% of the total energy expense (gas and electricity) and of the water expense of the central building, and that it is instead being charged to the Community.

For all the above, we must reach an agreement before anything can be signed and that would only be done when approved in an EGM.

You may recall that I had been prepared to sign this agreement back in …but at that time there was an incentive to sign in that SA had promised to increase their contribution to main building gas and electricity use by nearly 10%. This would have been worth having but at the last moment, on the day before the AGM, the lawyer representing SA submitted an untenable agreement,  not only excluding clauses that we had agreed to, but adding the clause that all would be null and void if the community or any resident ever took legal action against SA. 

Gerald Salters also made the following remarks (in italics) in respect of his resignation, and I am sure he will not mind if I share my responses with you all.  He makes some good points, and they are in your interest.

“1. Although agreed upon we did not execute:

-       The repair of the fire alarm.

-       The yellow parking lines.

-       The progress reporting in the board on legal actions.

-       No regular board meetings.

-       Signing of invoices by two people.

-       No automatic procedure put into operation to limit the number of debtors.

2. The report of the architect (due end of July) showing and clarifying the responsibilities of both Sol Andalusi and the Community is neither distributed nor discussed in the board. The relation in between this report and the current legal action is rather mysterious and should be explained.

3. Water and electricity bills are delayed with 6 months.

4. No solution yet on the return of the excessive paid medical costs.”

My responses:

1. It is wholly unacceptable that we have not had sufficient funds to repair the smoke alarm system in the central building.  It has not only been a matter of funds but finding someone to agree favourable and affordable terms of contract.  Fortunately this month I have been able to authorise half the cost, so that the work can be started.

The yellow lines have now been painted along the roadside outside La Alhambra.  The Fire Department advise us that a fire engine needs 5m for access, so if your car suffers damage when parked on a yellow line in the community, then the Community accepts no responsibility.

Progress on legal actions has been admittedly sketchy because it is painfully slow and nothing happens for weeks. 

It is not straightforward to schedule regular board meetings as the more of us there are the more diaries there are to consider.  I have taken Gerald’s point and there will be an informal board meeting between Ian, Alberto and I every Tuesday.

I signed invoices only once I had discussed them with Gerald.

As remarked earlier, one of my priorities is the debtors list.  I am pleased with the progress, and it was positively noted in the AGM. When I began as President the debt was around  € 345,000.   We managed to get it under €200,000 but remember we are operating in harsh economic times and we should congratulate ourselves on the fact that although it is now around €240,000  it could easily be double that.  There cannot be an automatic process to limit the number of debtors because a debtor cannot be legally pursued until the community approves such action in a general meeting.  I intend to call another General Meeting soon.

2.  Here Gerald is referring to a report we commissioned by an architect expert in urbanistic matters.  She has produced a 32 page report which she is editing into four separate reports which we will use in court.  She has promised it will be done by the end of this week.   I have not distributed it because I don’t have it, and I would not if I did, because it is for the lawyer to use.  When appropriate I will make it freely available to anyone who wants to read it.

3. This is regrettable that there was a delay.

4. No there is no resolution on the medical costs because though important , it was not one of my three priorities and I cannot do it all.

Gerard der Kinderen resigned as I would not agree to take on the services of a mediator to “establish whether we can seriously work together on a number of issues related to the well being of the Community”.   My response was that I am not prepared to spend another minute of my time in meetings with Sol Andalusí. 

I have wasted days in fruitless meetings, the problem lies in SA commitment to see through the agreements.  

I refer specifically to:

·      May 2010 when 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.  There was no result except 7 months later LM denied all memory of the document, saying "Chechu gives me a lot of things to sign",

·      December 2010 when Sol agreed to pay 40% of the unmetered amount of electricity in the central building and 40% of the gas used in the central building but then claimed that there had been a misunderstanding about the 40% and they failed to show at the meeting

·      February 2011 when a  new percentage of 9.78% was offered to Fase 1 and accepted. However, the proposal was sent allowing only one working day before the AGM on 5 April. Several agreed items were absent but it did include a wholly unsupportable clause that the Community, nor any individual would ever 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.

Despite assurances to the contrary, I do not believe there has ever been an intention from Sol Andalusí to deliver on an agreement. The last year can be added on to five previous during which time we have never felt like a partner in this relationship.

Legal progress

I can confirm that we have already started some legal actions but at this stage discretion is our friend.  I would like to have a meeting at the end of October or beginning of November where Pedro Hoz will be present to fully explain everything that has been done so far and that which will have been done over the next month or so both on the part of the community and also the Association of Owners.  It is essential that the Association continues as an entity as it only “independent” group of owners who can take the community to task for its statutes.

If you think you will not be able to attend this meeting, could you please do your bit to help the community by ensuring you are not in debt so that when we send out the details of the meeting, we can ask for your proxy vote.

There are several things that I would like to ask your help with both in terms of feedback and information.

Do you have any photos of the tennis courts before Sol Andalusí altered the use of one of the tennis courts into a mini-football court?

Do you have any film or photos of weddings, communions or similar that have been held at Sol Andalusí?  If you have any chance to photograph or video any forthcoming events it would be hugely appreciated.

Would you write a short letter, eg, 3 sentences, complaining about the events that are held at Sol Andalusí, in particular those in the Plaza outside the bar? Were you inconvenienced on Saturday 10^th September 2011 by the wedding which continued outside in the plaza until about 5am?

Do you have any price lists of apartments for sale by Sol Andalusí.  I particularly would like from 2007?

Do you have any feedback about the swimming pool this year?   Ricardo and I went to a lot of effort to reduce the amount of unwanted, uninvited visitors and I would love to hear your views.  I would also like to know what you think about opening hours and the dates we should be open.  If the pool is open longer then we need to pay more for the lifeguard and factor it into the budget. 

Do you have photos of the football pitch before anything was built there, I am referring specifically to the little “walls/buildings” that have been put up.

Marjorie Minas.

Many of you will be familiar with Marjorie, an English resident of La Giralda at Sol Andalusí with a mobility scooter.  Recently Marjorie was taken into a clinic and sadly died last Friday 30^th September.  

Apartment rental.

Once again I know of a few people looking for a two bedroom apartment in Fase 1 to rent.  Please let me know if you are interesting in letting your apartment.  Also a possible interest in one of the end apartments that look over the lake of La Alcazaba or La Giralda.

Meter readings

All the electricity meters  will be read at the end of November/beginning of December.  If you prefer you can provide us with the reading yourself.   In order to complete this time consuming task, please advise your tenants that we will need access to your apartment and ensure that Ricardo has the contact details of your tenants.  If you need any more information,  please contact Ricardo at the Community office. If access to you apartment becomes impossible then you will once again, receive an estimated bill.