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Costa Esuri - Ayamonte - EUC

Costa Esuri - Ayamonte - EUC

Old Feb 10th 2010, 11:57 pm
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Default Re: Costa Esuri - Ayamonte - EUC

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.

TAFF, IT ACTUALLY PASSED THREE THINGS: 1) THE PREVIOUS MINUTES (UNDERSTAND DECEMBER 31, NOT MAY, 22) -I DON´T KNOW WHY THEY AREN´T SUBJECT TO APROVAL MINUTES OF AN EXTRAORDINARY MEETING, 2) THE BUDGET FOR 2010 AND 3)ACCOUNTS FOR 2009.

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.

NORMALLY "OTHER MATTERS" ARE COLLECTED IN ANY OTHER QUESTIONS (Q & A).

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.

THIS PART IS INTERESTING. LET ME EXPLAIN IT. ACCORDING TO THE STATUTES OF EUC CHARGES HAVE A TERM OF TWO YEARS (SO UNTIL NEXT YEAR). HOWEVER, THESE APPOINTMENTS CAN BE RENEWED. THE ASSEMBLY MAY APPOINT, RENEW AND DISCONTINUE TO MEMBERS OF THE CHARGES THAT HAVE THE BOARD.


STATUTE SAYS ASSEMBLY CAN IN ADVANCE END TO MEMBERS OF BOARD AND DESIGNATE AND APPOINTMENT OF SUBSTITUTE FOR THOSE WHO HAVE PROVIDED TO THE RENEWAL (AS I SAID, NEXT YEAR IN ORDINARY MEETING).

THERE ARE TWO TYPES OF ASSEMBLIES -MEETING-: ORDINARY AND EXTRAORDINARY. ORDINARY GENERAL ASSEMBLY: IT HAS TO BE CALLED ONCE A YEAR WITHIN THE FIRST THREE MONTHS OF THE YEAR. EXTRAORDINARY GENERAL MEETING: CALL WHEN THE PRESIDENTS OR THE BOARD DEEM IT APPROPRIATE OR WHEN MEMBERS OF THE EUC WHO PERFORMED, AT LEAST, 25% OF THE TOTAL SHARES APPLY TO THE PRESIDENT OF THE BOARD. APPLICATIONS MUST INCLUDE THE POINTS YOU WANT TO TREAT (FOR EXAMPLE, THE TERMINATION OF A MEMBER). FINALLY, THE TOWN HALL CAN ALSO SUMMON THE EXTRAORDINARY ASSEMBLY. AGREEMENTS ARE APPROVED BY THE MAJORITY OF THE SHARES OF PARTICIPATION.


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.

AS I SAID, THE ACCOUNTS WAS APPROVED. EUC HAD ON 31TH DECEMBER 663 EUROS.

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.

THAT'S WHAT I ASKED JOHN & KATH IN A PREVIOUS POST. I THOUGHT YOU HAD THE (ESTATUTOS) STATUTES -BYLAWS- ENGLISH VERSION.

Taff

S.L.

Last edited by spanish_lawyer; Feb 11th 2010 at 1:56 am.
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Old Feb 11th 2010, 12:00 am
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Default Re: Costa Esuri - Ayamonte - EUC

Originally Posted by jdr
Photos ?
JDR, PERMIT ME AN ADVICE: DO NOT BELIEVE EVERYTHING YOU READ OR HEAR!!


S.L.
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Old Feb 11th 2010, 12:01 am
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Default Re: Costa Esuri - Ayamonte - EUC

Originally Posted by John & Kath
I'll second that and THAT AS WELL!
NO COMMENT..
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Old Feb 11th 2010, 12:06 am
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Default Re: Costa Esuri - Ayamonte - EUC

Originally Posted by spanish_lawyer
NO COMMENT..
Well the plot thickens,am with Jdr,any photo's?.

And well done for all your posts regarding the Euc it makes some of us feel that we are not being totally taken for a ride!!
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Old Feb 11th 2010, 12:24 am
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Default Re: Costa Esuri - Ayamonte - EUC

Originally Posted by MikeJ
I have posted this example of an EUC constitution from Calahonda (which is based on and refers to the laws - which must cover Andulucian as well as Spainish laws and regulations) a couple of times before. It is an example of what I would hope to see for Esuri.
Calahonda also has an EUC website - which is also worth looking at as an example. http://www.calahondaeuc.com

Both are worth looking at so we don't need to reinvent any wheels.
Website spectacular.

You should ask for to the Board translation of the statutes. Statutes are the rules that govern the EUC.
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Old Feb 11th 2010, 1:00 am
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Default Re: Costa Esuri - Ayamonte - EUC

Originally Posted by Teed Up
Well the plot thickens,am with Jdr,any photo's?.

And well done for all your posts regarding the Euc it makes some of us feel that we are not being totally taken for a ride!!
That bad are the rumors....
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Old Feb 11th 2010, 1:49 am
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Default Re: Costa Esuri - Ayamonte - EUC

Originally Posted by MikeJ
I guess that the key question is are these guarantees from the Bank -in which case they are enforceable (unless the banks are bankrupt ) - or are they MF guarantees - in which case they are debts and the EUC is the creditor and therefore probably in a long list of creditors and the value of the guarantee is cents in the euro if MF is declared bankrupt (which it could be if all its guarantees - not just Esuri - are enforced) Catch22??
MikeJ, the bank guarantee is an assurance for the fulfillment of an obligation to someone. In this case, if MF does not end the development, the Town Hall can, (or should, in my opinion), demand to pay the money.

The person guaranteed is MF; the Town Hall is the creditor and the bank must pay (if it is requested). Therefore, if MF does not comply, the Town Hall is in possession of these documents that allow it to ask the bank for the payment the money.

So far, in Spain, no bank has gone bankrupt.... And I hope that does not happen!.
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Old Feb 11th 2010, 2:30 am
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Default Re: Costa Esuri - Ayamonte - EUC

Originally Posted by yes we can
I fully agree. Thanks again SL for all the extra work for the benefit of all
Gracias a tí. Te escribo en español porqué creo que tu lo dominas perfectamente...

Thanks to you. I write you in Spanish because I think that you perfectly understand it...
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Old Feb 12th 2010, 4:16 am
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Default Re: Costa Esuri - Ayamonte - EUC

Originally Posted by MikeJ
I have posted this example of an EUC constitution from Calahonda (which is based on and refers to the laws - which must cover Andulucian as well as Spainish laws and regulations) a couple of times before. It is an example of what I would hope to see for Esuri.
Calahonda also has an EUC website - which is also worth looking at as an example. http://www.calahondaeuc.com

Both are worth looking at so we don't need to reinvent any wheels.
Thanks MikeJ, your enclosures were not only extremely interesting but also most enlightening. All those as much in the dark as I was on this subject would be very well advised to read the Calahunda EUC constitution; I reckon that it could be transposed to CE with very little amendment. When I've read John & Kath's "You and the Law in Spain", once I've got my hands on it, I might even be tempted to spout off even more on this subject.

Taff
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Old Feb 12th 2010, 7:03 am
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Default Re: Costa Esuri - Ayamonte - EUC

Originally Posted by spanish_lawyer
Gracias a tí. Te escribo en español porqué creo que tu lo dominas perfectamente...

Thanks to you. I write you in Spanish because I think that you perfectly understand it...
Hola SL

There are many doubts about the EUC legal appeal. Could you please tell us if it is still possivel to make the legal appeal or it's too late?

Gracias por todo una vez más. Thanks for all.
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Old Feb 12th 2010, 10:55 am
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Default Re: Costa Esuri - Ayamonte - EUC

Thanks, MikeJ, for referring again the example of the Calahonda EUC "estatutos". Compare their version (en castellano) with the 2005 EUC Costa Esuri "estatutos" likewise posted here previously (post#37, and the "modificación" (post#32) of 2008). Both similar, yet different. (It may help to look at the english translation on the Calahonda site.) Note the document in Spanish is the official document. A translation is only to assist in understanding...

OK, I'll copy&paste for ease of viewing:
2005 estatutos pp.7583 - 7593 http://www.diphuelva.es/asp/BOP/pdf/20051026-1.pdf
2008 modificación http://www.derecho.com/l/bop-huelva/...ipal-ayamonte/

Can I assume correctly these are the estatutos that set up the EUC in December 2008?
Can anyone say for sure that these estatutos have been approved? When (date of minutes (acta) of EUC meeting)?
Has the EUC Costa Esuri been registered in (I'm not sure of the exact term) Registro de Entidades Colaboradoras?

In so far as I understand, the modification of 2008 states that a paragraph of the 2005 estatutos should be substituted with another phrase allowing the EUC to be "legal" once these estatutos are approved, regardless of the "recepción definitiva".

SL please clarify how this is or is not so?

Last edited by Carol&John; Feb 12th 2010 at 10:58 am.
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Old Feb 12th 2010, 9:31 pm
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Default Re: Costa Esuri - Ayamonte - EUC

Originally Posted by Carol&John
Thanks, MikeJ, for referring again the example of the Calahonda EUC "estatutos". Compare their version (en castellano) with the 2005 EUC Costa Esuri "estatutos" likewise posted here previously (post#37, and the "modificación" (post#32) of 2008). Both similar, yet different. (It may help to look at the english translation on the Calahonda site.) Note the document in Spanish is the official document. A translation is only to assist in understanding...

OK, I'll copy&paste for ease of viewing:
2005 estatutos pp.7583 - 7593 http://www.diphuelva.es/asp/BOP/pdf/20051026-1.pdf
2008 modificación http://www.derecho.com/l/bop-huelva/...ipal-ayamonte/

Can I assume correctly these are the estatutos that set up the EUC in December 2008?
Can anyone say for sure that these estatutos have been approved? When (date of minutes (acta) of EUC meeting)?
Has the EUC Costa Esuri been registered in (I'm not sure of the exact term) Registro de Entidades Colaboradoras?

In so far as I understand, the modification of 2008 states that a paragraph of the 2005 estatutos should be substituted with another phrase allowing the EUC to be "legal" once these estatutos are approved, regardless of the "recepción definitiva".

SL please clarify how this is or is not so?
That is a main plank of SL´s argument with the Mayor he has not correctly registered the EUC and indeed it may not be possible to do so since the URB CE has not been correctly received by the Ayuntamiento.
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Old Feb 13th 2010, 1:18 am
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Default Re: Costa Esuri - Ayamonte - EUC

Originally Posted by CAROL TAFF
Thanks MikeJ, your enclosures were not only extremely interesting but also most enlightening. All those as much in the dark as I was on this subject would be very well advised to read the Calahunda EUC constitution; I reckon that it could be transposed to CE with very little amendment. Carol, CE already has some laws (Estatutos). Another thing is that these have been approved legally... The Statutes´CE aren´t bad, but in my opinion are not applied correctly. . When I've read John & Kath's "You and the Law in Spain", once I've got my hands on it, I might even be tempted to spout off even more on this subject. I must inform you that I have bought the book (that Jhon & Kath said) "You and the Law in Spain." I'm supposed to know the law in Spain (though you can always learn more), but for me it is very important and interesting to read how the writer explain things. Sometimes I almost go crazy to explain legal terms.
For now, my opinion -I have read a bit- is a basic book but absolutely correct. I wish I can explain that well ...

Taff
S.L.

Last edited by spanish_lawyer; Feb 13th 2010 at 1:21 am.
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Old Feb 13th 2010, 2:35 am
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Default Re: Costa Esuri - Ayamonte - EUC

Originally Posted by Carol&John
Thanks, MikeJ, for referring again the example of the Calahonda EUC "estatutos". Compare their version (en castellano) with the 2005 EUC Costa Esuri "estatutos" likewise posted here previously (post#37, and the "modificación" (post#32) of 2008). Both similar, yet different. (It may help to look at the english translation on the Calahonda site.) Note the document in Spanish is the official document. A translation is only to assist in understanding...

OK, I'll copy&paste for ease of viewing:
2005 estatutos pp.7583 - 7593 http://www.diphuelva.es/asp/BOP/pdf/20051026-1.pdf
2008 modificación http://www.derecho.com/l/bop-huelva/...ipal-ayamonte/

Can I assume correctly these are the estatutos that set up the EUC in December 2008?
Can anyone say for sure that these estatutos have been approved? When (date of minutes (acta) of EUC meeting)?
Has the EUC Costa Esuri been registered in (I'm not sure of the exact term) Registro de Entidades Colaboradoras?

In so far as I understand, the modification of 2008 states that a paragraph of the 2005 estatutos should be substituted with another phrase allowing the EUC to be "legal" once these estatutos are approved, regardless of the "recepción definitiva".

SL please clarify how this is or is not so?
I have not an exact answer to your questions. They are the keys to understanding this. I'll explain: I have an opinion and the Board, (and above all, the Town Hall) has another. The exact answer should give the Courts.

In my opinion, those statutes have not been approved in accordance with the Law. Nobody that I know, I reported them. However, if I'm wrong, please correct me.

On the other hand, regarding your question on the Registro Entidades Colaboradoras. The answer is yes, the EUC Costa Esuri is registered, but surprise!! before the meeting that, in theory, was constituted: the meeting of 31th December 2008. Interestingly, in the Register has as President José Ignacio Fernández de Jódar,- who is Fadesa´s member in the Board- and not the Mayor; as secretary, is Francisco Pérez Pérez, and not Pelayo Morón Pendás.

Now, I wonder and I ask. If the Mayor is not the President or Secretary, Pelayo Morón Pendás, how is it possible that both to call meetings, sign contracts, or claim the payment of fees?. The Law is very clear: the positions are appointed by the Assembly, how is it possible that the Mayor name the offices of President and Secretary?. Does he really think anyone would know it?. This information is a public Register and I am not alone in having it.

Sorry I can not clarify anything, but it is clear there is nothing here ...
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Old Feb 13th 2010, 2:56 am
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Default Re: Costa Esuri - Ayamonte - EUC

Originally Posted by yes we can
Hola SL

There are many doubts about the EUC legal appeal. Could you please tell us if it is still possivel to make the legal appeal or it's too late?

Gracias por todo una vez más. Thanks for all.
Hello Yes We Can,

Here are two views.

My opinion: no, it should be possible now. Why?. Because the time for appeal ended a month after the date ending the pay period. So, you'd be out of time.

Board's version: they extended the payment deadline until next February 20th, though this extension was not notified. So, you'd be on time.

As the Board will not refuse to extend the deadline (that would deny to itself), take advantage of his decision and appeals, if you consider it appropriate.

My advice, if you appeal, you will do it in the next week.

I say you the appeal´s resolution: it will not be admitted,(it is the standard response of the Town Hall), but with that answer you can go to Courts.
I advise you to pay or to appeal.

If you need help, I am at your disposal.
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