British Expats - EUC CHARGES

Any one concerned about the EUC should get along to the CERA meeting tonight at 18.00 hrs and check out the following report and proposals prepared by much cleverer people than me.

As you may be aware, the EUCâ€™s Board has called the General Assembly of the EUC for the 30th of March 2012at 18:00.

The CERA committee believes that it is in the interest of all to attend this General Assembly for the following reasons:

The EUC is made up of the owners in Costa Esuri. That is to say, we are the EUC. If we criticize the EUC, or if we are angry with the EUC, we are speaking about ourselves. Even so, why do we have this feeling? Because somebody is making the decisions that affect us without our participation or knowledge.

When we complain about the management of the EUC, we always think of the administrators. But this is not totally accurate. The administrator is a salaried employee who we pay, but is contracted by the EUC and acts in accordance with the wishes of the EUC board.

Who really governs the EUC, who has the power to make decisions is the Board, the consejo rector.

This Board acts under Statutes that were proposed by Martinsa-Fadesa and approved bythe Town Hall.

The Board uses the Statutes to demand power of Attorney for representation at the General Assembly from owners of plots. This implies costs and time for the owner, which means that it is seldom granted and the vote is lost. This demand is excessive and unusual in Spain.

But at the same time, contrary to what is written in the Statutes, the Presidentsof the Communities are not allowed to vote, preventing their right to vote and removing the rights of the owners, who are the majority of the EUC.

With these two measures, the vast majority of owners have had the right to voter removed.
We have been removed from the decisions, and our right to vote has been denied.
Despite this, in 2011 no quotas where recovered from promoters, only from from apartments (205,282) and plots (87,567).

If we take into account that the promoters do not pay their quotas and they cannot vote, and the majority of owners cannot vote, in whose hands is the management of the EUC?

The following:

The board is made up of 5 members:
- The town hall has the presidency.
- The vice-president is DÃ±a. Josefa Marquez Fernandez. We are unaware if she is on the board as an individual or as a representative of a promoter (Oasis and Pinos). It would seem that she owns two plots, but this is unclear as it is not reflected in Minutes.
- The treasurer is Mr.Steven Tipper, who proposed himself as a representative of Costa Esuri.
- Jose Ignacio Fernandez deJodar and Rafael Jesus Cuadrado Ramos represent Martinsa-Fadesa.
- The secretary is Pelayo Moron Pendas acting as an individual although it is believed that he owns various properties in Costa Esuri. This is not reflected in minutes.

Of these 5 members:

The Town Hall is not fulfilling its obligations due to the defective completion of the Urbanisation.

The vice-president we believe is the representative of promoters who have not paid their quotas.

The treasurer also cannot vote as there are existing debtors within those he represents (although we are not sure if this is within Vista Esuri or Costa Esuri in general)

Martinsa-Fadesa have washed their hands of the effective completion of the Urbanisation.

The secretary does not fulfill his functions within the Statutes, although the Board claims the contrary:

Due information:

How many of you have received the minutes of the previous General Assembly held on the 29th of July sent to you by the secretary of the EUC?
How many of you have received the Agenda for the upcoming GA and the budgets to be approved from a source that was not CERA?

Or, from a more formal viewpoint:

In the minutes of the GAâ€™s, it does not express what is the basis for representation with right to vote. The % of votes required to reach agreements is not indicated (re-election of the board in July 2011)

The answers to questions or requests for information from owners are not given.
Returning to the Board:
The members of the board were re - elected in 2011 with 7% of the total votes, of which Martinsa-Fadesa has 6.95%.
The Statutes do not state a minimum of participation for a valid vote.

In this way there is nothing illegal about the re - election. But, would you consider legitimate an election that had only 7%participation?

As was stated, the majority of the owners have had their right to vote removed, which does leave room to appeal these actions.

CERA will demand that the Statutes are followed. We need the support of everyone. We need you to join the association to have strength.

We have received a legal opinion about the right to vote, which confirms that it is the presidents of the intercommunities who have the right to vote. If we wish to change the members of the board of the EUC, we have to be able to vote.

With only 5 presidents of intercommunities with the right to vote, we will have more % than Martinsa-Fadesa in a vote. As such, we can depend on ourselves.

The board of the EUC, elected with 7% of the votes, approves the budgets and controls the accounts.

The accounts show a yearly increase in debt, a debt for which we are all responsible, but the board does not seem to have solution.

The problem is that the debt is ours, from all of us,and if the EUC enters into bankruptcy, it will be all of us in bankruptcy.

Which is to say that we will bear the consequences of the management of the EUC.

The Board has approved budgets that are inflated by the sections dedicated to the opening of an office in Costa Esuri which nobody wants. And for security which is not given. And for insurance policies which have never been formalized.

Also, different concepts have been lumped together under one heading: Maintenance, Cleaning, Gardens and Security are all together. We, the members of the EUC,however have no knowledge of the contracts signed with the companies that give these services, for example Conforservi, where we are responsible for buying the materials that they use for the service.

Some time ago the President of the EUC was with us here in Costa Esuri. He promised to provide clarity in the accounts of the EUC. This has not been done.The accounts and the budgets remain the same as they were last year. Mr. RubiÃ±o claimed that he would explain the accounts at the GA. Even so, a verbal explanation would not comply without a written explanation that makes sense of the current accounts and budgets.

We would ask that the Presidents of the Intercommunities attend the GA,and that the owners of plots give their representation to someone who will attend the GA. We have prepared a model for representation to help in this regard. We do not believe that the Board will accept the votes but they will have to officially reject them. They will have to admit that they do not follow the Statutes and are denying the right to vote of owners. And they will have to do so publicly.

For these reasons, and for the many more that you yourselves will have, we would like to ask you to attend the GA on 30th March.

You may not be allowed to vote, but you will be allowed to speak and question.

We have prepared a list of questions that we would like to ask at the GA. Our intention is to ask for specific information, for which we need to be organized. We would like to ask the questions in order and that they will be faithfully reproduced in the minutes.

Of course, we are sure that individually each of you will have more questions.

We need to show that the owners in Costa Esuri are united. We know that improvements will not occur overnight, but we need to start the process in order to succeed. No one will succeed individually, we need to stand together and for this reason we ask that you join the association. Even so, we will continue to work for the betterment of all owners in Costa Esuri, whether members of the association or not.

We need 15 people in order to ask the questions that we have prepared at the GA. If you would like to do so please raise your hand at the meeting tonight.

All questions are important, all have their reasons.