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INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

Old Apr 5th 2010, 3:10 pm
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Smile Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

The first meeting of the Costa Esuri Residents Association took place as advertised around Esuri by poster and on here by a post to start this thread on the 25th March at 18.00. The meeting was very well attended and chaired by Terry. After brief introductions the meeting was opened to discussion. There were more than 100 people of various nationalities (our Spanish friends being particularly welcome) there and the discussion moved over lots of topics. The aim of the meeting was to decide by democratic vote if there should be a Residents Association or not. The first vote taken decided almost without exception to form the association.

There was much discussion at the end of the meeting and there were two offers of help. One a Spanish Lawyer voluntered to examine and translate the draft Statutes of the putative Association. This has now been accomplished together with various suggestion for improvement and this will be put to the next open meeting of the "Association" towards the end of this month.

In addition to this our good benefactor has also received and translated the Statutes of the EUC which I attach. The English version needs polishing but it gives a good insight of what the EUC should be doing for us at our expense.

A note of the meeting was taken and I would hope to be able to post a synopsis when this is agreed.

The second offer of help was an English accountant who would give most valuable assistance once tha association is up and running since we shall have to produce audited accounts for the register.

What we most urgently need is an IT expert to give us a website that would enable us to be accessable to all wherever they are situated.

Please make the Statutes of the EUC known to as many people as you can especially to those not members here.

Best Regards to all for a happy easter,

John.
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Old Apr 5th 2010, 3:46 pm
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Smile Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

First meeting of the Residents Association.

In addition to the above which I consider to be the most important product of the meeting there was of course much discussion about the EUC, the annual general meeting of the EUC and of course Bank Guarantees.

The Statutes clearly show that the EUC is not being properly accountable since annual accounts should have been published by now for the first year and minutes of the meetings made available to owners at Esuri.

However the question of the BG's is not a matter for the EUC directly it is for the Mayor and the Ayuntamiento and the fact that the Mayor is also President of the EUC is not directly relevant.

I have given this matter much thought and I cannot see how we as individuals can bring much pressure to bear on the Mayor until next years elections and the RA which is a collective voice cannot yet do much more until it is further down the formation road.

So I have come to two conclusions the first is to be in a position to vote when the time comes next year and the second with advice from SL (if you would please) is to raise a complaint against the Mayor for dereliction of his fiducary duty to the people of Ayamonte. This may be possible via a DENUNCIA but I would need help to start down this route.

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Old Apr 5th 2010, 6:42 pm
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Smile Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

On another tack if we can get representation locally and influence our local Ayuntamiento why should we lose our parlimentary vote which we do after time but we do have a taxation issue even if it is only inheritance tax but could be much more than that. There are over one million retired expats thats about 10% of all retirees and they become disenfranchised after 15 years. Have a look at this case going to the European Courts

http://britons-abroad.monassoc.com/a...pdf?1268426864

As it says in my signiture,
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Old Apr 6th 2010, 10:48 am
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Default Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

Originally Posted by MikeCol
Quick question, on the 2 other threads you have posted on this morning you have the time of the meeting as 19.00hrs. On here you are saying 18.00hrs, which is correct please? Regards Bryony
Originally Posted by John & Kath
My mistake 19.00 Spanish !!

But come at six the bars open.
What happened at the 19:00 meeting?
Thanks for the update. Hope you all had a restful & peaceful Easter.
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Old Apr 6th 2010, 2:04 pm
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Smile Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

Originally Posted by Carol&John
What happened at the 19:00 meeting?
Thanks for the update. Hope you all had a restful & peaceful Easter.
The bar was open and by six thirty most people had a full glass and had managed a seat so we started a little early for which I apologise. There were a few who had prior commitments who came a little later but they soon caught up and I hope and think everyone thought it was well worthwhile. One of the key appointments will be a Social Secretary to ensure that this spirit of "bon homme" carries on.
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Old Apr 6th 2010, 3:58 pm
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Default Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

Originally Posted by John & Kath
First meeting of the Residents Association.

In addition to the above which I consider to be the most important product of the meeting there was of course much discussion about the EUC, the annual general meeting of the EUC and of course Bank Guarantees.

The Statutes clearly show that the EUC is not being properly accountable since annual accounts should have been published by now for the first year and minutes of the meetings made available to owners at Esuri.

However the question of the BG's is not a matter for the EUC directly it is for the Mayor and the Ayuntamiento and the fact that the Mayor is also President of the EUC is not directly relevant.

I have given this matter much thought and I cannot see how we as individuals can bring much pressure to bear on the Mayor until next years elections and the RA which is a collective voice cannot yet do much more until it is further down the formation road.

So I have come to two conclusions the first is to be in a position to vote when the time comes next year and the second with advice from SL (if you would please) is to raise a complaint against the Mayor for dereliction of his fiducary duty to the people of Ayamonte. This may be possible via a DENUNCIA but I would need help to start down this route.
John,

DENUNCIA is the statement that makes a person to draw the attention of the judge, Public Prosecutor or the police, events which are considered to be a crime.

I do not know if you really want denunciar or to submit a statement at Town Hall.

P.S. Thanks for the info.
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Old Apr 6th 2010, 4:52 pm
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Smile Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

Originally Posted by spanish_lawyer
John,

DENUNCIA is the statement that makes a person to draw the attention of the judge, Public Prosecutor or the police, events which are considered to be a crime.

I do not know if you really want denunciar or to submit a statement at Town Hall.

P.S. Thanks for the info.
It was said rather "tongue in cheek" but I do consider it a crime that the Mayor will not exercise his responsibility to bring in to the council coffers over €1m whilst at the same time charging those who live at Esuri about double what we would pay for a similar area of accomodation in Ayamonte town where all services are adopted and there is no EUC fee to pay on top of the IBI.

What is a "statement at the Town Hall"? Is it like my last suggestion of a petition?

Last edited by Fred James; Apr 11th 2010 at 3:27 pm. Reason: Edited at posters request.
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Old Apr 6th 2010, 5:05 pm
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Default Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

Would the Defensor del pueblo be appropriate in these matters

Here is the website in English

http://www.defensordelpueblo.es/web_ingles/index.asp

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Old Apr 6th 2010, 5:27 pm
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Smile Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

Originally Posted by jackytoo
Would the Defensor del pueblo be appropriate in these matters

Here is the website in English

http://www.defensordelpueblo.es/web_ingles/index.asp
That sounds about right what do you think SL?
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Old Apr 6th 2010, 5:31 pm
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Default Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

Originally Posted by John & Kath
It was said rather "tongue in cheek" but I do consider it a crime that the Mayor will not exercise his responsibility to bring in to the council coffers over €1m whilst at the same time charging those who live at Esuri about double what we would pay for a similar area of accomodation in Ayamonte town where all services are adopted and there is no EUC fee to pay on top of the IBI.

What is a "statement at the Town Hall"? Is it like my last suggestion of a petition?

I and I know others would do almost anything to get the Mayor to move on this in fact there are one or two who might know of people who could "knee cap" him if we could afford it but we can't and anyway he might denounce us if we did!
John, the mayor has not committed a crime!. At least from a legal point of view..

I suggest making a document signed by members of the EUC. The contents of this document should represent the indignation of the whole people. I propose that everyone in this forum to answer this question: What would you say to the mayor?.
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Old Apr 6th 2010, 5:44 pm
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Default Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

Originally Posted by John & Kath
That sounds about right what do you think SL?
In my opinion, the first step should be directly with the Mayor. If the Mayor does not act, we might think to turn to other possibilities.
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Old Apr 6th 2010, 7:45 pm
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Smile Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

Originally Posted by spanish_lawyer
In my opinion, the first step should be directly with the Mayor. If the Mayor does not act, we might think to turn to other possibilities.
OK thats the way forward when can we have a chat about this over a G&T at Jags terrace bar.
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Old Apr 7th 2010, 9:50 am
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Smile Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

Originally Posted by spanish_lawyer
In my opinion, the first step should be directly with the Mayor. If the Mayor does not act, we might think to turn to other possibilities.
Hola SL

Have been giving some thought as to why the Mayor would not want to act against MF to recover BG monies that the Ayuntamiento are entitled to and setting aside the obvious (stupidity or corruption) I began to wonder why there was not just one overall BG for the site. I know they cost money so it makes sense for MF to spread their cost and take them in phases so I concluded they may be tied to specific items such as roads, sewers, water supply or the viaduct into the urbanisation. To examine this latter item the viaduct was very late and scare stories said it had sunk by 1m during construction but of course it was all fine in the end and the recent rain has proved a) It was necessary and b) that it is a pretty good and looks well finished. so if that item is the one that the first to expire BG is set against there would be no claim.

How can we find out more?
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Old Apr 7th 2010, 12:25 pm
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Default Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

In his deliberations on why the Mayor may not have asked for guarantees to be paid, John makes a very good point. Do we members of the EUC actually know what was being guaranteed by each of the bank guarantees. John may well be right in thinking that the first one could be tied to something that MF has actually delivered.

Perhaps the answer is that a delegation of Costa Esuri EUC payers should request, perhaps in a public open letter (through the Ayamonte or Huelva press), a meeting with the Mayor to discuss the EUC and the issues surrounding the bank guarantees and under what conditions each of the guarantees is deemed to have been satisfied by MF.

SL - to please advise on what steps need to be taken to make sure the delegation has the legal standing to be able to push the mayor into accepting the invitation to a meeting. Also, did you state in an earlier post you had seen copies of the actual guarantees. If that is the case, were there any conditions attached to each of them?
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Old Apr 7th 2010, 1:12 pm
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Default Re: INAUGRAL MEETING OF THE COSTA ESURI RESIDENTS ASSOCIATION

Originally Posted by John & Kath
Hola SL

Have been giving some thought as to why the Mayor would not want to act against MF to recover BG monies that the Ayuntamiento are entitled to and setting aside the obvious (stupidity or corruption) I began to wonder why there was not just one overall BG for the site. I know they cost money so it makes sense for MF to spread their cost and take them in phases so I concluded they may be tied to specific items such as roads, sewers, water supply or the viaduct into the urbanisation. To examine this latter item the viaduct was very late and scare stories said it had sunk by 1m during construction but of course it was all fine in the end and the recent rain has proved a) It was necessary and b) that it is a pretty good and looks well finished. so if that item is the one that the first to expire BG is set against there would be no claim.

How can we find out more?
Originally Posted by Reptonian
In his deliberations on why the Mayor may not have asked for guarantees to be paid, John makes a very good point. Do we members of the EUC actually know what was being guaranteed by each of the bank guarantees. John may well be right in thinking that the first one could be tied to something that MF has actually delivered.

Perhaps the answer is that a delegation of Costa Esuri EUC payers should request, perhaps in a public open letter (through the Ayamonte or Huelva press), a meeting with the Mayor to discuss the EUC and the issues surrounding the bank guarantees and under what conditions each of the guarantees is deemed to have been satisfied by MF.

SL - to please advise on what steps need to be taken to make sure the delegation has the legal standing to be able to push the mayor into accepting the invitation to a meeting. Also, did you state in an earlier post you had seen copies of the actual guarantees. If that is the case, were there any conditions attached to each of them?
A project has various phases. The completion of each phase is guaranteed with a guarantee. I do not know exactly what works are guaranteeing each Bank guarantee. However, I know that works of CE have a long delay. Why?. MF is in bankrupt since June 2008. Since then, work in CE have been delayed (I think it has stopped). How is it possible that the phases of construction are completed if not working at CE?.

I do not live in CE, and do not know if they work or not. But I was there last Saturday and don´t saw no progress.

I think it is better to make a document to the Mayor signed by the members of the EUC want. That document will have to ask for information about: work to ensure each guarantee and if they have not completed, explain why not call the money. Legally it is better that the mayor reply in writing as to have a meeting with him.

Problem: The first guarantee expires in July. The Town Hall (Mayor) has 3 months to answer. We are in April so he can answer the first day guarantee expires.

Reptonian, I attached the guarantees in other thread but I attach it again!!!.
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