Originally Posted by spanish_lawyer

I have a question.

Do you have a English version of Bylaws?.

Thank you!!

Originally Posted by John & Kath

What a good post. Just a couple of points I think the coefficient is based on the area of land that comprises the Parcela I think in our case this 0.02 or 0.002 more likely so Fadesa with the golf courses, the commercial center and hotel without the unsold properties will always out-vote us as long as they pay their dues.The Fadesa rep (an accountant) promised to do this on the 20th Feb. I will report back if any low flying pigs are seen on the evening of the 20th over Golf II.

I will try to explain the matter of salary, which is neither easy nor in Spanish. Costa Esuri is divided into plots. Each plot has a coefficient of total Costa Esuri. For example, Costa Esuri has 80,000 m2 (8 hectares) and a plot, the number 1 has an area of 10,000 m2, this plot corresponds to a 0.125% of total Costa Esuri (10,000 m2 / 80,000 m2).

If the parcel number 1 build housing in régimen de propiedad horizontal -horizontal property regime or condominium- property in an apartment block or townhouse- To each home remaps, again, a percentage of total surface. In the example, if in the 10,000 m2 building 80 homes of 100 m2, the remaining area, 2,000 m2, should be distributed between the 80 homes (in my example, 80 homes are alike, but in fact each household has a different surface). So if you are the owner of one of the 80 homes, you also are co-owners (along with your 79 neighbors) of 2.000 m2 . Ultimately, you have full control (100% of your house 100 m2) and participating in some of the 80 parts which have to divide the 2,000 m2 that are of all owners.

The percentage of the whole plot in Costa Esuri (0.125% in the example) must be divided by the percentage of common area of each homes. In the deed of sale you can read which is your coeficient.

It was good to see such a good and even turnout and despite the language difficulties I think both Spanish and English were united in their sceptism about Fadesa and therefore the current Mayor doing as much as they could/should to move Esuri forward. I asked a very direct question about the legality of the Bank Guarantee/Promisary Note but the meeting ended before I heard an answer. I do hope the minutes include this. Steve Tipper brings along Janice to interpret for him and pays her himself so I am confident we will get an unbiased version eventually (Steve called round last night collecting email addresses so that he can send info direct since the EUC do not have this information).

A big thank you is due to Steves wife who is not an interpreter nor typist for doing a simultaneous translation for the overhead projector it was not perfect but alerted us to what was going on and what stage we had reached. Thank you Lisa.

Originally Posted by John & Kath

Hi having spent 30 years working in Local Government in England I am very familiar with Bye Laws. They are a set of lower level Law that apply to the particular local authority that has had them implemented by Parliment and they are usually enforced by officers of the council or in some cases the police force for an area. There will be lots of similar Bye Laws across a lot of similar sized authorities but some will be peculiar to the particular authority. If for instance a coastal own has a small harbour that is not enclosed as a dock then the council may have execptional Bye Laws to police the use of the forshore

Originally Posted by spanish_lawyer

- The first guaranties (is a document that the bank have to pay, it isn´t a promise) is for 1.742.262,43 €. It is valid until July 19, 2010.
- The second guaranties: 3.005.060,52 €. It´s valid until November 14, 2011.
- The last guaranties: 1.262.778,09 €. It´s valid until November 24, 2012.
.

Originally Posted by spanish_lawyer

Spanish we say “lo prometido es deuda” (A promise is a promise).
Yes we can, maybe, you are right and the main concern of the neighbors, members of the EUC, to improve his handicap. Some of you know that in the past I was really angry because I wrote in this thread with the only intention of improving CE. I have been suspected of trying to test and get new clients as a lawyer. I have been suspected of misleading people, giving opinions when it comes to real information.

I believe (and desire) that any lack of confidence in me is gone ...

Yes we can, maybe you're right and most of the members of the EUC were yesterday, at 6 pm at course golf, but while a group of people as we read, write, and is interested in this thread the fight for to improve a wonderful area, I say you: YES, WE CAN.

Thank you. Thank you very much. I'm really glad, happy and proud of all the English community who went to the meeting, with all the linguistic difficulties, of legal knowledge, simultaneous monitoring of the opinions of other people, (the Spanish) and members of Board.

I know that your compatriot, Steve Tipper, was frightened and surprised at your behavior. You were giving a lesson of nonconformity to all, including those who were playing golf.

I assure you that no member of the Council expect such opposition, and most of the English Community, which has always been considered conformist and easily manipulated.

Mel, in other post, I said that I was happy. Yes, I do. Now, I know that a little group can demonstrate that it will not consent to some gentlemen, who are pretending knowledge, will decide the fate of a paradise such as Costa Esuri. Yes we can, for me quality is more important than quantity.

Yes we can, I have to give you the reason: the votes were not enough to cripple the purposes of the Council. I knew it would happen, but for me that on 5 th February happened wonderful thing: the beginnings of opposition to each other's decisions in the interest of the community of Costa Esuri.

Perhaps not change the destiny, but the world was not built in a day.

You are also right, we have to wait to the minute. Once we have it, we can decide what to do. However, I believe it is positive that you, and who were, write his version. The reason: very easy. They can write his version and don´t the really.

I think the summary of Taff is very good. But I need to say that MF said "loud and clear" LET'S PAY. When?. I don´t know…
On the 20th end the voluntary period for payment (I know, our receipts say in December, but apparently the Board extended the deadline). From day 21th February, the lady manager will begin with the (vía de apremio) "way of urgency." She said that in his meeting the Board on what to do with not paying MF abstained from voting on behalf of the embargoes. I wonder if they thought pay, why do not they voted for the fast track (vía de apremio)- enforced collection action-????.

There was some discussion about what would happen if a volunteer has expired and MF does not pay?. Answer: "As today is not liable MF sits on the Board."

Apparently, an important moment was when the Ms. Manager said that many members of the EUC had asked to have an office in Costa Esuri. Elisabeth (thank you) said very clear that no member of the English community had asked for to spend any money on rent. Of course, once she changed her speech and said "if you do not want a new office, you choose". I wonder, but didn´t you say that many people were saying you had requested the rental of the office?.

I wrote in this forum that the LGC in Ayamonte office belongs to Mr. Mayor. I sense, and this itself is a personal opinion, that the Mayor wanted, in the future that the EUC was in the same office but paying the rent. I repeat it: this is my opinion.

The Mayor made it clear that there wasn´t DEFINITIVE RECEIVE by the municipality any part of CE. Someone (I do not know who) told him that without final approval wasn´t legal to ask for EUC´s members money to keep what was not done.

I think that another important moment was when someone explained (to those who were not, apparently, the mayor learned a lot that day because many people had taught him how to do things legally) that the security was paid by the Town Hall. Today, I can tell you that the hotel has undergone so many robberies, I think, leaving only the walls... Of course, MF off his surveillance that he thought was better than paying the EUC...

Eventually, John, I have not forgotten you!!!!. You ask me about the validity of the guarantees of MF, which is the Mayor doesn´t want to run.

There are 3 guarantees (I attached it when I told that Alberto Fernández, candidate for mayor by the Partido Popular, had demanded in writing to the Mayor that he ask for the money to the bank. Now, I attached it):

- The first guaranties (is a document that the bank have to pay, it isn´t a promise) is for 1.742.262,43 €. It is valid until July 19, 2010.
- The second guaranties: 3.005.060,52 €. It´s valid until November 14, 2011.
- The last guaranties: 1.262.778,09 €. It´s valid until November 24, 2012.

At present day, all guarantees are enforceable (ask your bank charge). Why?. Simple MF is in bankruptcy and are unable to complete its work on time. Well, he could hire the unemployed to 4.500.000 of Spain has to finish on time ..

Finally, I want to apologize for my English. I know I never write correctly, but today I'll be surprised if someone understand something .... I also repeat my thanks to all who were there (to the golfers were not welcome) and those who could not attend but are awaiting all of OUR COSTA ESURI news. Thank you.

Best for all.

Originally Posted by CAROL TAFF

What a delightful post. Spanish Lawyer has done more for Anglo-Spanish relations than anything since Philip married Mary Queen of Scots. All previous sceptical comments have been truly put to bed. It is now up to us Brits to fully join in with her and her compatriots in our attempt to make the most of our ownership at CE. By doing so, we will ensure that the combined total will become much greater than the sum of the parts. Well done Spanish Lawyer (and so pretty with it as well)!

Taff

Originally Posted by spanish_lawyer

Originally Posted by spanish_lawyer

I was referring to the rules governing the EUC, "los Estatutos". I do not know if they have given you the rules written in English version.

Originally Posted by CAROL TAFF

What a delightful post. Spanish Lawyer has done more for Anglo-Spanish relations than anything since Philip married Mary Queen of Scots. All previous sceptical comments have been truly put to bed. It is now up to us Brits to fully join in with her and her compatriots in our attempt to make the most of our ownership at CE. By doing so, we will ensure that the combined total will become much greater than the sum of the parts. Well done Spanish Lawyer (and so pretty with it as well)!

Taff

Originally Posted by CAROL TAFF

EUC General Meeting

My understanding is that, at last Friday's meeting, only two votes were taken, the first accepting the accuracy of the minutes of the last General Meeting, and the second accepting the proposed 2010 budget. It seems to me that other items should have been included on the agenda and voted upon, of which three are discussed below.

There was no "Any Other Business" element. Thus, there was no opportunity for the "floor" to make any proposals and for these to be voted upon. There was a Q & A session, but that falls well short of giving the rank and file the opportunity normally provided by AOB.

Also, there was no vote to sanction the appointment or reappointment of EUC Committee/Board members. Are we to accept that the EUC Board is forever set in concrete? Surely, all appointments should be for a fixed term and require re-election when the term expires. There should also be the opportunity to propose alternatives with elections deciding the outcome.

Finally, there was no vote to approve the current financial accounting position of the EUC. We were told that the EUC's financial holding at the end of 2009 was very small. We were also told that companies responsible for Administration and for Maintenance had been working for nothing. Surely, however, it is too much to expect these companies to do so without some assurance that they would be paid in retrospect. I assume therefore that the EUC owes considerable sums, and these debts should have been revealed in a statement of accounts, and this approved by vote at the meeting.

I would like to know whether the Statutes covering the running of EUCs provides any instructions as to the setting up of meetings, and what needs to be included in their agendas. However, I am not in possession of any document covering this. Consequently, I would be grateful for any guidance as to where I could get hold of such a document, preferably written in English, although if in Spanish I'm prepared to try translating it. I feel that I need to be much more aware of the ground rules governing the running of EUCs, and this document would be a good place to start.

Taff

Originally Posted by CAROL TAFF

What a delightful post. Spanish Lawyer has done more for Anglo-Spanish relations than anything since Philip married Mary Queen of Scots. All previous sceptical comments have been truly put to bed. It is now up to us Brits to fully join in with her and her compatriots in our attempt to make the most of our ownership at CE. By doing so, we will ensure that the combined total will become much greater than the sum of the parts. Well done Spanish Lawyer (and so pretty with it as well)!

Taff

Originally Posted by CAROL TAFF

EUC General Meeting

I would like to know whether the Statutes covering the running of EUCs provides any instructions as to the setting up of meetings, and what needs to be included in their agendas. However, I am not in possession of any document covering this. Consequently, I would be grateful for any guidance as to where I could get hold of such a document, preferably written in English, although if in Spanish I'm prepared to try translating it. I feel that I need to be much more aware of the ground rules governing the running of EUCs, and this document would be a good place to start.

Taff

Originally Posted by CAROL TAFF

What a delightful post. Spanish Lawyer has done more for Anglo-Spanish relations than anything since Philip married Mary Queen of Scots. All previous sceptical comments have been truly put to bed. It is now up to us Brits to fully join in with her and her compatriots in our attempt to make the most of our ownership at CE. By doing so, we will ensure that the combined total will become much greater than the sum of the parts. Well done Spanish Lawyer (and so pretty with it as well)!

Taff