Carol&John

Did you wish to say something, Pat?

¡Hola mis esurianos!

Just double-checking that the date/time/venue are correct for the Costa Esuri EUC AGM: Friday - THIS FRIDAY - 5th February 2010 at 5pm
(17.00) First Summons/Call; 6pm (18.00) Second Summons/Call.

Where? Casa Grande?

spanish_lawyer

I'm surprised and happy for the activity that has the thread. I have read all the posts and I agree with you, Mel. Why do they –L&G C- want to open an office in Ayamonte?. Administrators have an office in Ayamonte, calle Cristobal Colón. If they are paid, they should work in their offices. That would save, according to the budget: Office Rent 12.000.0€, Furniture 10.000.00€, Computer equipment 5.000.00€. Total savings: 27.000 €.

I agree on the need to have an office to service the members of the EUC, but when you pay 81.335,28 €, it must be included computers, furniture, etc..

Does anyone pay their Property Administrator –administrador de fincas- (ADA, for example) and also pay his rent?.

The website is essential. Must be cheap to make and maintain. Any member, from anywhere in the world can read the news. I also feel very good idea, MikeJ, that you can pay bills online.

Of course, the website, and all documents, should be bilingual. I am Spanish but I am in complete agreement that all members must understand what happens in OUR EUC.

Jackytoo, is true that in large companies the Governing Board (Consejo de Administración) members have some entertainment expenses or allowance –gastos de representación- (you call it “travel and entertainment”). Under the proposed budget would, members´Board have a salary and some entertainment expenses. In reality, I want to inform you that who are members of boards of directors (Governing Board) spend that money on very good meals in the best restaurant. Pay the company... Of course, I disagree the members of the Board will have that privilege.

After giving my opinion, I have good and bad news.

BAD NEWS:

As I told in this thread, the representative for Mayor by Partido Popular, Alberto Fernández issued a proposal to executive the 6 million that the Tom Hall have as guaranties of Martinsa Fadesa. On January 28th, the Mayor and members of his party (PSOE), voted against the execution. I wonder: why the Mayor refuses to execute the bank guarantee?. What is the interest of the Mayor?. Why is the mayor protecting to MF?. I suspect that the EUC is very interesting for some people. I do not know why. Conclusion: we have no money to finish "something" and the mayor is not pressuring to MF for to finish it.

GOOD NEWS:

At the same meeting, 28 January, the Partido Popular proposed that Ayamonte be divided into different urban areas, for example Isla Canela, Punta del Moral, Pozo del Camino, etc. In each area, one day a week, an official of the Tom Hall meet with the residents of that area. The idea is to handle all the procedures that the neighbours have to do in the Tom Hall without having to move. The “Tom Hall delegate" shall have the functions of managing the paperwork, advise on the formalities and help all members of the zone in all administrative aspects.

The worrying is that when the mayor and council members, aldermen, voted for the proposal anyone, except Alberto Fernández (speakesman by Partido Popular), wanted to include CE as an area more. All members who govern Ayamonte (except the Partido Popular) said that CE should not be considered an area for that purpose. Ultimately, that CE does exist when you have to pay taxes but not to provide services. Eventually, the candidate, Alberto Fernández, expressed its proposal that the City Council Representative who is in Costa Esuri has an acceptable level of English because there are many British people and person who speak English.

Although I have said in this thread, I repeat: I have no political interest. My only interest is to improve the CE. However, I am glad that someone (whom I know as Alberto Fernández, a lawyer) to fight for our interests.

To this day I still do not know if I can be at the meeting.

Best regards,

SL

Carol&John

Sí, Jur
all that "good wine and fine brandy" requires perhaps a taxi from la ribera to laguna... Even better that they should hop on a bus - oh! wait, CE doesn't have a bus service.

Copy&Paste from Spanish_lawyer's recent post:
"Under the proposed budget would, members´Board have a salary and some entertainment expenses."

"gastos de representación" for entertainment? ¿Qué? Our EUC tax goes towards the expense budget to promote deals/sales of Martinsa Fadesa, Ayuntamiento Ayamonte, or Esuri?

Should the EUC be promoting anything? NO. It should conserve & maintain what has been "received" legally - that means completed work which has been checked by the town hall technicians. The modification (2008) of the B.O.P. Huelva "estatutos" 2005 (the link is at the beginning of this thread) has allowed the EUC to be established before the reception of work. The EUC taxes/expenditures are conserving & maintaining that which yet hasn't been "received". Is this correct?

Spanish_lawyer, many thanks for your post, please clarify to your knowledge if any part of Costa Esuri has been "received" (recepción parcial) by the technicians of the Ayuntamiento? For instance, the "depuradora" (sewage plant)?

If the 6M euros is called in by the ayuntamiento, would MF still have to complete the work? But, MF has no money, they cry! What about all the other developers on CE? They have paid for their planning permits to the town hall, haven't they? Are these developers waiting to see whether or not MF complete the infrastructure?

On a further note, here is something CE needs to be aware of:
http://www.huelvainformacion.es/arti...ador/agua.html

Spanish_lawyer's information regarding the PP's proposed "Town Hall delegate" to a recognized Costa Esuri sounds good in theory. Power to decentralisation, but will it achieve it's goal if intercommunities do not communicate with one another (Do they, or don't they?)

buenas noches,
Carol

Steve and Pat

Not guilty - that was Steve (obviously having another senior moment)

Pat

Carol&John

Pat

OK, here's my bedtime wish list for the EUC Costa Esuri "Jaime will fix it" team:

1. Website for the entire Costa Esuri Urbanization. Access via password: similar to the community/intercommunity websites run by administrators. Frequent Updates/Announcements. Minutes of the meetings/budgets of the EUC on file en castellano & with official english translation. Online services, etc. No forum!

2. CE Bus service - minimal (ie. to the first roundabout/fountain and return to station) Early morning service for market & church/early evening service for return from beach.

3. No further expenditure on zapping mosquito population. They out number us.
Instead, use the money saved towards changing the doorlocks of the other bloodsuckers who don't cough up their IBI/Community/Intercommunity dues

Jon-Bxl

Wow - there can be no reason why the mayor did this that I can understand - except a political one - he didnt want his competition getting something they wanted. ' Sour grapes'

Although the 6m is not EUC money - it does go into improving faults with the CE development. THe mayor is the PRESIDENT of the EUC - SURELY he has a huge interest in the development.

Fadesa have paid nothing (community, intercommunity, IBI and EUC) and have gotten out (for the moment) of the 6m - it cant be possible. Sure CE is a huge development costing a huge sum... and in history Im sure some close connections were made with the Mayor. Lots of nice wining and dining for example (like we see on the EUC budget)

Its no problem to me that they are all friends, but the MAYOR has a civic duty that has to override anything. Otherwise resign, set up a law firm or join his friends on the board of MF .. or his friends in other big businesses. We need politicians who are on the side of the individual ..... not the big busineses

Then the EUC are asking us for money!!! And the Mayor is the president. There is a principle here and a connection between these things.

Something fishy going on here - I fear, unless someone can explain why the mayor vetoed this money.....

Jon

SL I hope you can be there - even though you cant charge it to expenses I know of a lot of people that would sign that off! Thanks for all the excellent feedback - Jon

spanish_lawyer

Very good post, Carol, and very good Spanish!!!!!

I answer you:

NO, IT HASN´T DEFINITELY BEEN RECEIVED (as the Law requires) NO PART OF COSTA ESURI.

I attached in this thread the only document that the Tom Hall and MF had signed. http://britishexpats.com/forum/showt...622187&page=24 .

This is a provisional receipt (the law requires, to begin to run an EUC is received by the Town Hall definitely not provisionally) where indicated (I will try to translate something very technical):

"En este acto se dan por recibidas provisionalmente las obras con las reservas de los defectos y/o vicios ocultos que pudieran aparecer y cuya debida subsanación se deberá llevar a cabo antes de la recepción definitiva."

"In this act temporarily taken for works received with the reserves of defects and / or hidden defects that might occur and whose proper rectification should be carried out before final acceptance –definitive reception-.".

In fact, the document should include identifying those defects to repair, but this is an irregularity more...

The Ley de Ordenación Urbanística de Andalucía, Ley 7/2002, is who regulates the urban development aspects of Andalucía. I will try to translate an important article.

"ARTICLE 154
Receipt of urbanization.

1. The reception of works of development shall be provided to the municipality, ex officio or on application by the person responsible for the execution, delivery and preservation of such works.

2. The reception of the works will require the Mayor or his deputy, assisted by local voluntary or appointed by the Town Hall, the physician responsible for supervision of work and the person or entity, public or private, responsible for the actions in accordance with the performance system implemented, assisted by optional if it sees fit.

If the works were in good condition and in accordance with the projects and those prescribed, will be given as received. Corresponding record must be lifted, starting then, without prejudice to the assumption of maintenance by the municipality or entity liable in the event of paragraph 3 of Article 153 of this Act, - note: here the Law says whom it is the obligation to keep. In case of CE, it is of us- the warranty period, which is one year. During this period, the person or entity that submitted the works to the municipality liable for any defects and vices of construction are valued and should proceed with repair or rectification. In case of breach of this obligation, the municipality may enforce the security provided to secure the works of urbanization, which can only be canceled and returned at the end of the year warranty.

3. When works are not in state of being well received is recorded in the minutes and the defects found and the necessary measures to remedy and the maximum period in which they should be executed."

(I hope that you understand this translation. It is very difficult to translate legal texts.)


AS FOR THE 6 MILLION ARE BANK GUARANTEES. The Mayor just goes to the bank and request to receive all the money. That money would be contributed by the Bank, not by MF.

In my opinion, an honest Mayor who is committed to its citizens, should have done two things: 1) executive the guaranties (to say to the bank, "Please, gentlemen, give me 6 million that MF has not completed the works"; 2) go to the judicial process –concurso de acreedores- (bankruptcy), as have done all the Communities and Intercommunity. He had to petition the courts enough money to complete the works.


REGARDING "TOWN HALL DELEGATE," perhaps I should not explain it. It is a service to citizens. It is not connected with the Communities or Intercommunity. Each person, individually, go to speak to the Town Hall delegate to solve his problems.


Regards.


SL

spanish_lawyer

I agree with your proposal. You have my vote as President!.

spanish_lawyer

I also hope to can go!!!.

SL

Jon-Bxl

OK the EUC is a mess - and there are some disturbing things... see attached proposed budget document that I re-attach.

1. New Offices

I say no to this. Late last year the mayor was in the national press. I don't read Spanish (so could be wrong) but my understanding was he being criticised of his handling of the CE development, his links to the law firm representing the EUC (there was a business card with the company and his name on it in the article) and I heard, allegedly, that the offices are owned by some friend or family member. Very embarrassing for him, and they removed his name, apparently from the door.

NOW they want new offices - PAID FOR BY US. New address etc.. Getting themselves out of a hole? Sounds suspicious to me that there is a new address after this controversy - over links to the firm. Very convenient. I haven't met many people who want new offices - I have met many that want other things.

Also L+G are I believe the management co for the Sea and Sun development so they get a spanking new office with all brand new PC's and furniture - which they didn't need just over a year ago when they got the contract. Hmmm suspicious.

It says this in the budget document
11. Rental

It is still necessary to rent an office in Costa Esuri especially because it has been asked for by a vast majority of owners. "Vast majority"? I don't believe this... unless its the closed group of the board that includes MF who still have a lot of properties - but still NOT a majority let alone a vast one.

This sounds like 'lets rip off the rich Brits and CE owners'

2 Travel and entertainment

MF have 2 seats on the board so take a large chunk of this. HOW DARE THEY expect us to pay these things FOR THEM when they haven't paid for the community, intercommunity, IBI and EUC, and now have somehow managed to get the Mayor to veto the 6m euros.

This sounds like 'lets rip off the rich Brits and CE owners'

3 Security

It says this
Security and Safety To watch the entire area included in the E.U.C Costa Esuri

There are lots of empty buildings that thieves can steal from, normally the developers are responsible for this security - however is this a back-door method to get us to pay for them? Wouldn't surprise me.

We need to ensure that the scope of the security is well understood. Remember ADA also has a security responsibility too we dont have to double up. We dont want to have other peoples responsibilities conveniently dropped on us! I say we do a review of the security plans

4 Payments

It also says this:

Regarding un paid bills, once the voluntary payment period is finished the board will work to recover this money, for three main reasons firstly there is an obligation to pay, secondly there are no other resources available to maintain the urbanization thus causing the deterioration of the same and the third reason is it is not fair on the owners who are in the same situation and have met their obligation for others to be allowed not to.


So the board which includes MF who seem to have amazing powers will take action against themselves to recover debts - remember they own a chunk of properties and ergo a chunk of debt.

However MF cannot be given the power of voting and therefore decision making if they havent paid their dues!! But do you think they will pull out? I propose we vote they the must be fired off the board the day after the voluntary period is over - if they havent paid.

Lets see what happens in the meeting tomorrow... but lets face it they didnt get enough money last year - this year theres stuff in the proposed budget that will HAVE to go as the simply wont get the money they need as there is a huge %age of non-payers. Theres no business sense here I think.

However we can still vote out some of this proposed stuff.... and Ive contacted the person voting for us about this. Please ensure that your views are also passed on to them asap - as comments on this forum carry no value in the meeting.

Regards
Jon

spanish_lawyer

You say: "I don't read Spanish". I read Spanish well, and you perfectly understood the news.

SL

EsuriJohn

SL can you confirm the Bank Guarentee is valid and that this year is the last year that the bank will be liable and that the guarentee expires at the end of the year. The implications are horrendous if that is true why will the Mayor chase the money it is the Bank who pays not Fadesa.

Jon-Bxl

If this money doesnt come in this year because of the the Mayor veto's - then it is a serious matter. Its already pretty serious as far as I am concerned and wonder why the Mayor would do this ('who's side is he on? - and 'does he have that much power?'). The question 'why' has some worrying possibilities.

If we do see the money - it should ALL be for CE - not used elsewhere.

MikeJ

On the point of the 6m - my understanding from way back was that the 6m was a promissary note (not a guarantee), As such it will in effect be in a long list of MF creditors and if paid while MF are in administration or bankrupt is unlikely to be worth more than a couple of cents in the euro.
The Major might have been quite clever. AFAIK MF are still in administration - not actually bankrupt - and are attempting to trade out of administration and back to a viable enterprise (not that you would notice much trading locally!) IF they are successful then the promissary note will be worth a lot more - maybe even the full amount. Maybe the MF reps on the Board have an inside view that is optimistic (or biased)
I'm totally unaware of the bankruptcy laws in Spain - although they must be aligned with EU law - so this is just a guess.
Also don't forget that a lot of the mud stirred up in the press has been by the political opposition so may be a bit one sided. As SL said - I would presume innocence until proved guilty

yes we can

Hi everybody

Just to let you know that the EUC board and L&G can do whatever they want, do you know why? In my opinion, one of the main reasons is because at the same hour of the meeting was more plot owners (not all) at the golf course/club house than attending the meeting. Its very sad but its what I feel. Some of us work very hard in our free time to change things, others talk too much but do nothing. Yesterday the power to change things in Esuri was with the plot owners, but only a very few of them where there, but at least the ones attending the meeting where some of the best like John & Kate. Sorry but its what I feel and with this attitude we will never run Esuri but we will pay to someone to do it, and decide for us what is more convenient for them. Not surprising that Mrs. Administrator's laughing so much yesterday. Only hope that the last laugh, is the best who laughs.

Thanks to SL, the best yesterday.