EUC AGM
 

For those of you not on the CERA mailing list:-

The call for the EUC’s AGM to be held on 26 March 2015, at 16:30h on first call and at 17:30h on second call, at the Casa Grande in Ayamonte. The agenda is as follows:

1. Reading and approval of the previous minutes.

2. Approval, if that may be the case, of the 2014 annual accounts.

3. Management report.

4. Approval of the budget for 2015.

5. Election of the Management Board.

6. Any other business.

As you can see, besides the usual matters, the election of the Board of the EUC is due to take place at this AGM. This is a very important matter, which requires your special consideration as it directly affects the management of the EUC.

Thanks to Marina (CERA). I expect if you join CERA then you could get a copy of the last meeting's minutes.

Re: EUC AGM
 

Hi,
I don't want to sound stupid but what's the difference between CERA and EUC? I'm not sure I got a handle on these organisations. Someone willing to explain please?

Rosa

Re: EUC AGM
 

CERA is the Costa Esuri Residents Association - a voluntary organisation run by and for residents. Acts as a pressure group at the EUC and Town Hall in support of members interests. Also organises social events etc to promote integration and friendliness among the various communities - in general " a good thing"

EUC is a quasi legal entity set up by the developer and the Town Hall to manage the maintenance of Costa Esuri. It is able to levy taxes on owners. In the past it has taken very little notice of the wishes of the residents and owners because it was set up with very restrictive (and in some views) undemocratic statutes. Under pressure from CERA these are slowly changing. In general EUC was regarded as a 'bad thing' - (but to be fair it has been getting better). It is not known what will happen to the EUC now that Fadesa has been forced into liquidation. The EUC has had its legality challenged by a groups of owners - this is currently subject to legal process.

Re: EUC AGM
 

Thanks Mike!
all clear now

Re: EUC AGM
 

It is most important that all those eligible to vote attend this meeting so that progress can be made in democratising this organisation that takes over €1 million per year from ESURI owners.

Up until now it has been impossible to have any restraint on what and how the money collected has been spent. The accounts presented over the last five years have been incomprehensible so it has been difficult to work out what actual cost and expenditure is.

This year for the first time we have the opportunity to change the shape of the board to better reflect the aspirations and desires of the owners/residents of Esuri. The board has not changed since the first meeting and has been effectively re-elected by Fadesa each year as their block vote carried the day each year.

This year new Statutes are in force which bring more democracy to the table. The first requirement is as always that the EUC payments are up to date. That means that all plot owners have an individual vote in proportion to their plot size, we should all attend and vote.

The Intercommunties are no longer the voters for the urbanisations. This now belongs to the Communities who's President will hold a vote share in proportion to the plot size and the % of paid-up owners.

Proxy votes are allowed for those eligible who cannot attend. The proxy system has been modified so that is no longer necessary to have the proxy Notarised just that it is formally given and this can be done by email.

So let's not grumble about the excessive costs and lack of maintenance let's turn up and vote to change for the better a system that has been clouded in mystery and suspicion of corruption. Let's see proper understandable accounts with meaningful figures not including €12,000 for coffee and biscuits for board members.

Vote early and vote often let's move this on at a pivotal time for Ubanisation Costa Esuri.

:thumbsup::thumbsup::thumbsup:

Re: EUC AGM
 

If you wish to join CERA and grow the organisation to the size where it has better representation rights with the Town Hall it is easy to do. If you are in ESURI there is always a representative on duty in the portacabin at the top of the golf club car park next to Marina Esuri on Wednesday and Saturday between 11.30 and 12.30.

The cost is just €10 per year for a whole family membership for all adults at an address.

Re: EUC AGM
 

Thanks John,
Already asked Marina this morning about it :-)

Rosa

Re: EUC AGM
 

Have you joined?

Re: EUC AGM
 

If we cannot attend can we give our proxy vote to somebody ? is there a form we can complete to validate the request ?

Thanks

Mel

Re: EUC AGM
 

Hi Mel,

See EsuriJohn's post #5.
"The Intercommunties are no longer the voters for the urbanisations. This now belongs to the Communities who's President will hold a vote share in proportion to the plot size and the % of paid-up owners."

I understand it as thus:
Your manzana President or their representative can vote on your behalf.

Does it mean that each Community President has the final decision on a Yes or No vote? (I think so.)

What if their views are not your views? How does it represent an individual's right to vote against? It doesn't.

In a community of owners, the majority rules.

We are talking about the "ley de propiedad horizontal" here, folks. (Not the same for plot owners.)

Re: EUC AGM
 

Given time for proper consultation the President should cast the vote in line with the majority view which should be ascertained at an EGM or online if time is short.

This must be better than having the intercommunity voting then disqualifying the intercommunity for as little as one unpaid EUC bill. No intercommunity president has ever voted so far just as Fadesa designed it.

Re: EUC AGM
 

I have emailed our president asking what arrangements have been made for consultation before the EUC meeting to enable them to vote the wishes of the community.
Although we hope to attend in person.

Re: EUC AGM
 

Yes we have !

Re: EUC AGM
 

That's great the more that sign up the stronger our voice with the town hall to get things done on Esuri for ESURIANS.

Re: EUC AGM
 

Speaking of Town Hall,

Are the so called 5 Millions Euro's,being spent on Esuri yet?.

The roundabout by the new post box is nearly down to the hardcore,not much tarmac left.

Ken.

Re: EUC AGM
 

Strange you should ask that?

Re: EUC AGM
 

Just found this on Facebook Possibly explains the work on the pumping building near the Golf Club


Costa Esuri Golf Club
El Ayuntamiento de Ayamonte, Martinsa Fadesa y la Empresa constructora H2O Integral Service, actual gestora del Campo de Golf, han ultimado un acuerdo para llevar a cabo la ejecución de las obras de mejora de la Urbanización de Costa Esuri.

The city council ayamonte martinsa fadesa, and the company comprehensive h2o service, current managerial from the field of golf, have completed an agreement to carry out the execution of the works of the improvement of the urbanisation of costa esuri.

Re: EUC AGM
 

Who/ what body of people....CERA ? ......keep an eye on this. It would be good to know that the €5K bond (was that the sum ?) IS going to be spent on Esuri and spent wisely.

Re: EUC AGM
 

;)jiThe Mayor in his many promises to ESURIANS said that the number one priority for the spend of the €5m was the water works. Who knows if anything has happened on that front I don't think so. The no. 2 was the sewage problems this has always been going to start on "Monday" well two weeks ago confiserve no doubt at the behest of H2O severely trimmed the trees around the practise green and pumping station. Then a portacabin arrived and was offloaded alongside the pumping station entrance. There the works stand, for how long?

Re: EUC AGM
 

CERA have no rights in this matter but the former President did ask to see evidence that the €4.1 ish millions had been paid and was in a separate account. Eventually after Phil had gone it was shown to a couple of committee members at the town hall. A programme of works was to be drawn up by officers at the town hall. This is where the Mayor and his deputy quote the no. 1 & 2 items from however I am not aware that anyone has seen a list or any definitive timings but any progress has to be good just that it should happen faster and all the money spent on Esuri.

Another concern is that the money does not appear to be accruing interest to the benefit of Esuri whilst it languishes in the town hall coffers.

Re: EUC AGM
 

Thank you for your replies John I would vote for you to represent us !! Yes, certainly the money should be in an interest earning account for CE. We do need to keep an eye on that fund and we have no other body that can do this other than CERA

Re: EUC AGM
 

I think you may have cart and horse the wrong way round. We need to get majority representation on the EUC so that the wishes of the owners are followed.

CERA do have a very important role in continuing to act as a monitor and pressure group on the EUC and the Town Hall but CERA is a voluntary group run for and on behalf of it's members - both owners and residents.

The EUC is a statutory body and does have tax raising powers and has to represent all owners - either directly or by quotient. It has a budget or around 1 million euros and so will need professional administrators as well as non-executive members.

Some voices say that the EUC should be disbanded but no-one has said what will be in its place. Some say that the functions currently performed by the EUC should be done by the council and covered by the IBI. Some have seen the pigs flying. Some say that the EUC should be reformed, properly constituted and continue to maintain the fabric of Costa Esuri.

It's all a very interesting debate but should be carried out in more formal arenas than the BE - although this site has been invaluable for some of the Brit residents it is not really representative of the CE demographic.

Re: EUC AGM
 

The President of CERA has been in discussion with the Deputy Mayor/President of the EUC CONCERNING THE FUTURE OF THE EUC suggestions have come from both sides but the Deputy Mayor blows hot and cold so no solution has been found. I am coming to the conclusion that a deeper involvement of the CERA body could be a poisoned chalis at this time when Fadesa are moving to Liquidation and the legal action to disband the EUC is coming to court. CERA's finances are now on a firmer footing but nothing like firm enough to defend the committee if with a more active role in the EUC went wrong!

If the EUC IS TO CONTINUE then it should be properly democratically representative of the owners on Esuri there must be a clean break and proper audit of past and present finances, there should be representation by an officer from the town hall. At the earliest possible moment the contracts for the Administrator and Works should be retendered in accordance with EU LAW and a plan agreed going forward to either wind up in the face of the legal action or if it is to continue proper value for money activities.

Re: EUC AGM
 

:goodpost:

Re: EUC AGM
 

My desire to speak about the EUC, is that I go enough time in solitarily fighting to obtain clarity on the actions of the EUC. I have all the information, accounts, etc from the EUC origin, and I am in total disagreement with the EUC actions. I have asked for the protection of the Ayamonte Mayor, and before his lack of answer I have present my complaints to the Andalusian Ombudsman that they are being attended.
One of them has been the question of the representation, having indicated always that all those that we pay we had right to vote, independently of whom it was representing us. This it has been one of the aims that were fulfilled in the Extraordinary AGM of October.

One of the principal questions for this AGM is to know about if the Call was made in term ó not. All the owners we have the right to be warned and to receive the documentation for the AGM, fifteen days previous to the AGM. It is to say in this case, before March 11th, and I have received it later, to my request of information, and the accounts and budget (basic and obliged topics) have not been made loaded in the web up to 16th March 2015.

Art. 22nd. Call.
1- The Assembly shall be called by the Secretary on behalf of the Chairman, by telegram, fax or registered letter delivered at least fifteen days in advance to the dated fixed for the meeting, and addressed to the domicile of each of the members as it appears in the EUC’s Registry book, or its database. Will be notified by mail to all those who irrefutably choose this method.
Can someone inform me when it has been reported officially by EUC?

My second claim, it is that me it seemed inadequately, that the President was a representative of the Town hall, when this Town hall and his Mayor had the function of TUTELARY the EUC, that is to say, was illogical that to it was simultaneously Judge and Part. Since the Mayor can tutelary my complaints on the EUC, if his Mayor Lieutenant is the President?.

Why they have not incorporated to the topics of the CALL in this AGM:
- what does go to happen and/or going to change with the situation of MartinsaFadesa's liquidation?
- what can suppose for the EUC the claim realized by a group of owners against the EUC?




There are diverse things on that to comment on the accounts of the EUC.
1 º.-Every year they have presented the accounts in a different way. I am preparing a pfile trying to present the items of a comparative form.
2 º.-never present a comparison of the Budget foreseen for the year, with the results, for what there is no clear way of knowing his degree of fulfillment.
3 º.-Every year appear different items, and some of them so little clear for his text and amount as " UNEXPECTED EXPENSES ", in the budget of 2015, with an amount of 19.186,71 Euros.
4 º.-Continue being unknown the quantity of backward quotas is recovered year by year.
5 º.-Is unknown that relation has the payment to the " TAX MANAGEMENT SERVICES " as the work of recovering backward quotas and the amount that is paid to them for for it. In really is a work made by the Servicio de Gestion Tributaria.
6 º.-From 2010, are in the budget and logically we have paid in our quotas for IINFORMATICA, the quantity of 22.832,42 Euros. (THEY ARE EQUIVALENT TO 57 COMPUTERS)
7 º.-From 2010, are in the budget and logically we have paid in our quotas for FURNITURE, the quantity of 34.686,19 Euros. (THEY ARE EQUIVALENT TO 50 SOFAS)
8 º.-In 2013, foresaw 6.000 Euros for PUBLICITY, and for this year 4.000 Euros are presupuestados. Publicity why and with that end?
9 º.-If we notice reading the Minutes of every year, not different the text, and always they foresee the same thing, "lightning ó sparks falling" (Spanish expression), no variation, no surprise, except TO RAISE, THIS YEAR 2 % IN ALMOST ALL THE CONCEPTS.
10 º.-How is possible that in last three years, the wastebaskets, the playparks, the banks in sidewalks and parks, the lampposts, the electrical lighting, the sidewalks, the material of drain, the water fountain, and the trees and plants, have to repair, break or should be replaced in the same amount?
11º.- what for me is out of any economic and procedural logic, which I will explain in the next one.


One of the most surprising things of the economic accounts and budget of the EUC, is that against his own regulations that they say:
Article 39 º.-Budget. 1. In the last quarter of every exercise, the Governing Advice will formulate the provisional budgets for the economic following exercise, choosing for it the most suitable formulae of presentation in every moment. The budget will be able to indicate ordinary and different concepts of extraordinary character or of multiannual projection, determining the origin of the funds and the applications of same conducive to the balance of both, being applied by general character from the first day of every year.

That is to say, clarifying " determining the origin of the funds and the applications conducive to the balance of both ".
By it there is not understood a budget, in which INCOME AND EXPENSES are not equivalent.

Article 39 º.-Budget 2. The General Assembly in extraordinary meetings will be able to approve equally special and complementary budgets, with character of necessary and, consequently, they will be added to the annual budget both to be liquidated by the closing of the exercise to which they are applied.

That is to say, in an extraordinary Meeting, depending on since the Income and Expenses go, to summon it to approve one special and complementary budget, which covers the expenses that to a certain moment, could not preveer his payment, for lack of income of quotas.

For it, it is not possible to understand that EUC presents a budget, in which the income is superior to the expenses, TO COVER the quotas of those who are not going to pay and to continue without paying, and the due thing will not recover.
As it is said in Spain, " wide is Castile " = “ancha es Castilla”, that is to say, that while budgets not subject to the reality continue being approved, and the expenses are not controlled adequately, we will continue paying those who pay, not only it of one but it of not payers.
There is kept year after year, a budget on the basis of 950.000 Euros, creating a so called item " DOUBTFUL FEES DURING THE EXERCISE ", that without any established criterion, presupposes that quantity is not going to be received, that simply consists of the fact that is the difference between the INCOME and the EXPENSES.

It is devastating, that are included in the expenses of the year, a so called item " PAY DEBTS ", to pay these, when those that already have paid his quotas anually, they have contributed this quantity.
That is to say, we must continue paying what already we pay in our previous quotas.
To 31.12.2014, the quotas of the "normal" debtors are 1.389.000,21 Euros and the " quotas belong to the debtors " to doubtful collection " they are 1.710.755,72 Euros, that it means: the quotas os the debtors are FIVE YEARS OF EXPENSES.

Till when?
I have some files in pdf with the comparative one of expenses, income, debit from 2010. If someone wants to receive, to contact with [email protected]

Re: EUC AGM
 

NO its not been repaired yet,But the E U C have been quite thoughtful and erected a sign nearby giving you something to read whilst waiting for the break down truck.:(

Re: EUC AGM
 

This is quite clearly where the item 8* of 2013 €6000 + €4000 this year for publicity has been spent. It may have taken a while but we now have a very large potentially illuminated sign with the deepest foundations you could imagine welcoming us all to the wonders of the EUC SERVICED BY CONFISERVE.