Go Back  British Expats > Living & Moving Abroad > Europe > Spain
Reload this Page >

Costa Esuri Owners Group

Costa Esuri Owners Group

Old Apr 25th 2010, 11:31 am
  #31  
Forum Regular
 
Joined: Nov 2009
Posts: 245
spanish_lawyer will become famous soon enoughspanish_lawyer will become famous soon enough
Default Re: Costa Esuri Owners Group

Both are right. In fact, there is more that unites than those disjoint.

John said:
This is what I have found. The Mayor is not obliged to take any notice of a petition submitted by a random group of owners at Esuri he may not even reply if he does not feel obliged to do so.

My legal advice suggests that the Mayor is obliged to answer those who have a vote at the EUC meetings this gives disproportionate power to plot owners and intercommunity Presidents
.”
My opinion:

The Mayor is obliged to answer all persons who submit a letter. Two requirements: 1) that the person can demonstrate "interest" in content ", 2) the person is represented correctly.

Then the mayor can do what he wants.

--------------

Jon said:
There are several ways to get the message across. Your method (which we've discussed) is excellent for plot owners, and I encourage you to have a 'standard paper' that you can send out to the plot owners so that they can petition as well.

InterCommunities can also do a version of this - but I dont think it will be easy to organise in time.

Lets call your approach the 'sniper' approach - i.e specific single-person petitions to the mayor.

The method from the Owners Group and I repeat has nothing to lose! is a broad scale petition to the Mayor from hundreds of people.

Lets call this the 'big-bomb approach'!!

I believe that a mix of both approaches is the best - and I dont want people reading this discussion to be put off from the Owners group petition. I believe they also have legal advice
.”
My opinion:

Home owners are members of the EUC like the plot owners. Both are required to pay the fee of the EUC. The difference is that the plot owners are entitled to a direct vote in the Assembly and the homeowners have the right to vote by Presidents of Communities and intercom.

ALL can present the same letter that says John. All have the same rights. So, if a homeowner wants to present the letter says John can do it.

However, beware!. As there is no legally constituted an association, each person needs to sign his own letter. Another possibility is that 114 (or more) owners to sign a document to a person authorize to represent you.

--------------

John said:
I second all of the above and the motion is of course carried by all sensible Esurians what astounds me is that the Mayor is still able to ignore all of this. As President of the EUC you would think he would be at the front of the queue to finish Esuri to the highest standard and as Mayor to get the whole plan adopted to boost the status of his town and dare I say himself in the run to the next elections.”
My opinion:

The problem is that the Mayor and the President of the EUC is the same person. If they were different people, the mayor could pressure the President of the EUC (or vice versa).

--------------

Jon said:
There is nothing to lose by registering.......... and possibly a LOT to gain.”
and John said:
The next most important thing is now contained in my signature and this includes all Esuri owners and long term residents at Esuri we must register to vote in the local elections coming up next year. A few hundred registered voters at Esuri would certainly give the whole political body fighting the election food for thought and to look to Esuri for support.”
My opinion:

Not to be confused. The power does not have the presidents of the Communities and intercom and plot owners. Have the power the people who are registered.
spanish_lawyer is offline  
Old Apr 25th 2010, 4:11 pm
  #32  
Lost in BE Cyberspace
 
EsuriJohn's Avatar
 
Joined: Jun 2005
Location: Puente Esuri
Posts: 6,902
EsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond repute
Smile Re: Costa Esuri Owners Group

Originally Posted by spanish_lawyer
Both are right. In fact, there is more that unites than those disjoint.

John said:
This is what I have found. The Mayor is not obliged to take any notice of a petition submitted by a random group of owners at Esuri he may not even reply if he does not feel obliged to do so.
My legal advice suggests that the Mayor is obliged to answer those who have a vote at the EUC meetings this gives disproportionate power to plot owners and intercommunity Presidents.”
My opinion:

The Mayor is obliged to answer all persons who submit a letter. Two requirements: 1) that the person can demonstrate "interest" in content ", 2) the person is represented correctly.

Then the mayor can do what he wants.

--------------

Jon said:
There are several ways to get the message across. Your method (which we've discussed) is excellent for plot owners, and I encourage you to have a 'standard paper' that you can send out to the plot owners so that they can petition as well.
InterCommunities can also do a version of this - but I dont think it will be easy to organise in time.
Lets call your approach the 'sniper' approach - i.e specific single-person petitions to the mayor.
The method from the Owners Group and I repeat has nothing to lose! is a broad scale petition to the Mayor from hundreds of people.
Lets call this the 'big-bomb approach'!!
I believe that a mix of both approaches is the best - and I dont want people reading this discussion to be put off from the Owners group petition. I believe they also have legal advice.”
My opinion:

Home owners are members of the EUC like the plot owners. Both are required to pay the fee of the EUC. The difference is that the plot owners are entitled to a direct vote in the Assembly and the homeowners have the right to vote by Presidents of Communities and intercom.

ALL can present the same letter that says John. All have the same rights. So, if a homeowner wants to present the letter says John can do it.

However, beware!. As there is no legally constituted an association, each person needs to sign his own letter. Another possibility is that 114 (or more) owners to sign a document to a person authorize to represent you.

--------------

John said:
I second all of the above and the motion is of course carried by all sensible Esurians what astounds me is that the Mayor is still able to ignore all of this. As President of the EUC you would think he would be at the front of the queue to finish Esuri to the highest standard and as Mayor to get the whole plan adopted to boost the status of his town and dare I say himself in the run to the next elections.”
My opinion:

The problem is that the Mayor and the President of the EUC is the same person. If they were different people, the mayor could pressure the President of the EUC (or vice versa).

--------------

Jon said:
There is nothing to lose by registering.......... and possibly a LOT to gain.”
and John said:
The next most important thing is now contained in my signature and this includes all Esuri owners and long term residents at Esuri we must register to vote in the local elections coming up next year. A few hundred registered voters at Esuri would certainly give the whole political body fighting the election food for thought and to look to Esuri for support.”
My opinion:

Not to be confused. The power does not have the presidents of the Communities and intercom and plot owners. Have the power the people who are registered.
Sorry if I have caused a confusion here I did not mean my name signed but the line of print at the bottom at the bottom of my post which is termed "my signiture" thats what I think all Residents and owners should do. Register and then the Mayor knows we are here and that we care enough to be interested in the outcome.
EsuriJohn is offline  
Old May 1st 2010, 3:20 pm
  #33  
Just Joined
Thread Starter
 
Joined: Feb 2010
Posts: 14
A.B.C is an unknown quantity at this point
Default Re: Costa Esuri Owners Group

Once again, thanks to all who have shown interest in the continued success of the Owners Group.
Members registration is growing daily demonstrating that the Owners Group is not simply a “random group of owners”
as recently commented on by John.
From the beginning, the Owners Group clearly stipulated the objective is to create a strong voice for property owners.
With the Owners Group steady growth, that objective is being achieved.

Regarding the petition we recently presented to the Mayor of Ayamonte, thanks to Jon-Bxl for your comments and support for our approach.
And in particular in your reply to John with regard to the effectiveness of a multi pronged approach to what inevitably affects anyone who owns a property on Costa Esuri.

For John, to clarify any confusion of an individual’s or group’s right to petition, here is a small note I sent to the members of the Costa Esuri Owners Group on that point.
“The right to petition in Spain is a medieval right and is written into the Constitution of Spain 1978, article 29. The law that applies is the Ley Organico 4/2001, de 12 de Noviembre, Reguladora del Derecho de Petición.

The petition I presented to the mayor does not include all the formalities, but I want to adopt a friendly approach to give the mayor a chance to respond where he feels he is not obliged, it’s better to work with than against. However should the informal and friendly approach fail to motivate the mayor, then the more formal and official route will be needed, which would be a little harder to coordinate but not impossible.”


As mentioned, we aim to update the petition at intervals, to resubmit it with newly registered members represented.
So, if you have not yet registered and would like to be represented; send your details through a PM here on the forum;
or by email directly to : c o s t a e s u r i @ y m a i l . c o m
or via our web site, details in the signature below.

Thanks to all for your comments
Arthur

Last edited by A.B.C; May 1st 2010 at 3:23 pm.
A.B.C is offline  
Old May 2nd 2010, 10:25 am
  #34  
BE Forum Addict
 
Carol&John's Avatar
 
Joined: Oct 2005
Posts: 2,377
Carol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond repute
Default Re: Costa Esuri Owners Group

Originally Posted by spanish_lawyer
Both are right. In fact, there is more that unites than those disjoint.

...

However, beware!. As there is no legally constituted an association, each person needs to sign his own letter. Another possibility is that 114 (or more) owners to sign a document to a person authorize to represent you.
...
Refer to Arthur's post #26.
114 seems to be the magic number. Please explain further, S_L. Thank you.

Last edited by Carol&John; May 2nd 2010 at 10:28 am. Reason: add reference.
Carol&John is offline  
Old May 4th 2010, 5:14 pm
  #35  
Forum Regular
 
Joined: Nov 2009
Posts: 245
spanish_lawyer will become famous soon enoughspanish_lawyer will become famous soon enough
Default Re: Costa Esuri Owners Group

Originally Posted by Carol&John
Refer to Arthur's post #26.
114 seems to be the magic number. Please explain further, S_L. Thank you.
I believe that if the summer is disclosed the existence of associations, the number may increase.

I think many people do not know this initiative, especially Spanish.
spanish_lawyer is offline  
Old May 4th 2010, 5:47 pm
  #36  
BE Forum Addict
 
Carol&John's Avatar
 
Joined: Oct 2005
Posts: 2,377
Carol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond repute
Default Re: Costa Esuri Owners Group

Hola S_L!
I am confused. I think I misread your quote. Does the number of signatures on a petition have any significance (114 plus?)
Carol
Carol&John is offline  
Old May 4th 2010, 6:54 pm
  #37  
Forum Regular
 
Joined: Nov 2009
Posts: 245
spanish_lawyer will become famous soon enoughspanish_lawyer will become famous soon enough
Default Re: Costa Esuri Owners Group

Originally Posted by Carol&John
Hola S_L!
I am confused. I think I misread your quote. Does the number of signatures on a petition have any significance (114 plus?)
Carol
It has a psychological pressure. The mayor will know that 114 people want information. However, he is obliged to provide information to a person or a thousand people.
spanish_lawyer is offline  
Old May 4th 2010, 7:05 pm
  #38  
BE Forum Addict
 
Carol&John's Avatar
 
Joined: Oct 2005
Posts: 2,377
Carol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond reputeCarol&John has a reputation beyond repute
Default Re: Costa Esuri Owners Group

OK, so if I understand it correctly, a petition like the one handed in by Arthur serves the same purpose as one handed in by a fully constituted association?
Carol&John is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.