TORREVIEJA MAY 6TH 2.009
Dear Property Owner:
The purpose of this letter is to inform you of the decisions made at the 2009 General Property Owner´s of Reds. DREAM HILLS, ORIHUELA COSTA (ALICANTE).
MINUTES OF THE AGM (including changes to your Dream Hills Owners info booklet).
LIST OF DEBTORS AS OF TODAY
BUDGET AND QUOTAS, FEES FOR 09-10.
This is all for the moment, and, hoping that this information is of use to you, I remain.
Yours truly,
Signed: Ana Rosa Maeso Navarro
COMUNIDAD DE PROPIETARIOSResd. DREAM HILLS
ACT 7
Torrevieja MAY 6 TH 2.009
Minutes of the General Property Meeting of Resd. DREAM HILLS held today at 11.00 a.m. on second call at RESTAURANTE MONTEPIEDRA, being attended by the following property owners both present in person or by proxy vote:
PRESENTES (PRESENT)21,35,45,54,56,58,59,65,72,86,94,96,99,104,107,109,112,113,134,140,141,168,,173, 175,189,195,198,216,218,229,231,237,269,285,293,298,305,306,308,309,310,314,321,323,328,329,332,374,382,389,398,399,413,424,431,494,495,498,503,504,513,535,546,548,552,557,562,569,586,587,598,622,624,629,631,653,662,664,665,679,681,694,696,700,703,716,731,745,752,791,857,873,884,885,
TOTAL 94 PROPIETARIOS PRESENTES
CUPONES DE VOTO REMITIDOS AL ADMINISTRADOR (VOTES SENT TO ADMINISTRATORS)
15,17,22,23,25,31,33,36,49,64,70,79,80,81,84,85,88,91,92,121,139,151,156,163,165,169,170,174,180,191,197,202,208,243,249,254,263,264,272,278,287,290,294,311,315,326,337,341,345,348,350,351,363,368,378,388,390,401,414,415,418,419,420,430,433,437,440,445,447,458,460,473,475,479,493,497,499,502,519,526,536,539,542,554,555,556,557,558,559,560,564,565,568,571,572,573,578,580,581,584,588,589,590,596,599,636,642,644,645,654,658,664,666,667,680,685,691,692,697,699,701,704,705,707,708,712,713,714,715,727,728,730,738,742,745,746,759,764,765,769,771,778,780,783,785,787,789,797,807,811,812,815,833,850,852,875,879,881,882.
TOTAL 160 PROPIETARIOS
SE HAN RECIBIDO 2 VOTOS QUE SE CONTABILIZAN COMO NULOS POR FALTA DE IDENTIFICACION. (Two votes received, one fax and one postal which were not signed, were cancelled.)
CUPONES DE VOTO ENTREGADOS AL COMIENZO DE LA JUNTA (Votes handed-in before meeting.)
76,327,232,235,265,168,266,217,731,51,883,18,880,21,541,561,477,788,97,68,857,
TOTAL 21 PROPIETARIOS
AGENDA
FIRST - PRESIDENT´S REPORT
Mrs MARIBEL JIMENEZ, President of the Community, welcomed the owners and thanked them for their attendance at the meeting. She referred to the President’s report, Neighbourhood Watch report and other reports sent along with the invitation to the meeting. She said that any questions concerning the reports should be clarified during “ANY OTHER BUSINESS”.
SECOND – ELECTION OF MEETING CHAIRPERSON
It was proposed to appoint a meeting chairman in order to speed up the meeting and the question and answer session. The person proposed as chairman was Mr MICHAEL CLIFFORD. The issue was put to the vote of those in attendance and unanimously approved. Mr CLIFFORD dealt with a number of administrative issues before moving on to the agenda.
THIRD - APPROVAL OF THE MINUTES OF THE PRECEDING MEETING
The minutes of previous Meeting number 6 had not been contested within the stipulated period and therefore the minutes were deemed approved and signed in the Minutes Book by the President, pursuant to the provisions set forth in the Horizontal Property Act currently in force.
THE MINUTES OF THE PRECEDING MEETING WERE UNANIMOUSLY APPROVED.
FOURTH - READING AND APPROVAL OF FINANCIAL REPORT FOR THE YEAR 2008-09, OUTSTANDING FEES AND ACTION TO BE TAKEN
The community’s Administrator addressed the meeting. The income and expenditure balance for 2008-09 had been enclosed to the notice of meeting. It detailed the income and expenditure for the year. Homeowners in attendance were asked if they had any queries.
The homeowner of dwelling 389 asked about the expense incurred in hiring security guards. He was provided with the relevant information.
THERE BEING NO MORE QUESTIONS, THE EXPENSES FOR 08-09 WERE APPROVED.
The detailed list of community non-payers had also been attached to the notice of meeting. Since the date the balance was prepared 1,130.94 EUR had been received from some property owners. This is indicated in the debt margin with a “P”.
Payment of 6,736.78 was received in the relation to outstanding fees from previous years. Nevertheless, delinquency has increased. The sum in arrears of unpaid community fees for previous years and for this year amount to 33,966.34 EUR. No doubt the current economic situation contributes to this situation. The Administration sent letters in September 08 and January 09 claiming payment of fees, and the President granted powers of attorney in favour of the attorney/solicitor to institute proceedings. As a result some debtors have paid their fees. Once proceedings commence, the community can only wait for a judgement to be made. This can take some time.
It was unanimously approved, with the aim of collecting any amounts previously outstanding, to authorize both the community president and the administrator to initiate the appropriate court and out-of-court proceedings, for and on behalf of the community, and to grant powers of attorney or apud acta powers in favour of the solicitor or lawyer hired by the community.
The professional services of a solicitor / lawyer is required at the initial application for small debts proceedings. All fees and charges owed to them for services provided shall be borne by the relevant debtor, to the extent established in section three of article 394 of the Civil Procedure Laws, regardless of whether such debtor fulfills the demand for payment or fails to appear in court.
When the ordinary procedure is brought pursuant to the amount claimed (oral proceedings for up to €3.000 and ordinary proceedings for amounts in excess of €3.000), the community is entitled to claim outstanding fees recorded at the last meeting as well as those other fees debited and due for payment subsequent to the meeting date, even though the latter had not been recorded at such meeting. It should be noted that legal proceedings can now be initiated from September 1 for fees due in relation to the current year.
It was also unanimously agreed by those in attendance that should any property owner fail to pay the appropriate fees, and as a result of such breach, the community is authorised to initiate court or out-of-court proceedings for the collection of outstanding amounts; the owner shall repay to the community fund any amounts that has been paid out of the community fund in relation to or in connection with the proceedings. This includes out-of-court expenses like registry notes, registry certifications, mail, fax and telephone, as well as all expenses incurred in the attempt made by the community lawyer to collect the debt amicably, including certified faxes, registered letters, notarial mail, etc, even when the involvement of the lawyer is not mandatory by law.
FIFTH - LA CASITA’S ANNUAL REPORT
Mr JOHN KERR read the LA CASITA annual report. The report mentioned the cultural and leisure activities performed. La Casita is also used for committee meetings and it is available some mornings and afternoons for any community group interested in using it. Activities at LA CASITA are self-financed; the cost for its use amounts to 1 Euro per person per event and the money obtained is invested in its maintenance.
The balance at the beginning of the year 2008-09 was 636.53 EUR. 2,098.70 EUR was credited to the account during the year and the expenses for the year amounted to 1,332.18 EUR. The present credit balance of LA CASITA comes to 1,403.05 EUR.
SIXTH – PROPOSALS FOR CONSIDERATION FOR THE MEETING.
Proposal 1: Retain the Praetorian security service for another 12 months, 10 hours at night, 4 nights a week or 8 hours at night, 5 nights a week, including the emergency night call service (hours to be determined by the committee)
Cost, vat included, for 12 months: 39,811.20 eur.
The matter was put to the vote with the following results:
Votes in favour - total 238 votes
144 votes sent to the administration
15 votes handed over prior to the beginning of the meeting
79 votes from homeowners in attendance
Votes against - total 32 votes
13 votes sent to the administration
6 votes handed over prior to the beginning of the meeting
13 votes from homeowners in attendance
Abstentions - total 5 votes
3 votes sent to the administration
0 votes handed over prior to the beginning of the meeting
2 votes from homeowners in attendance
The proposal was approved by a majority vote.
Proposal 2: 2 swimming pool supervisors (one per pool), from 11 am to 9 pm.
Cost, vat included: 8,859.60 eu. Starting date: 21 June, ending 5 September.
The service starting date has been modified to coincide with the holiday season.
The matter was put to the vote and the results produced were as follows:
Votes in favour - total 245 votes
139 votes sent to the administration
15 votes handed over prior to the beginning of the meeting
91 votes from homeowners in attendance
Votes against - total 22 votes
14 votes sent to the administration
6 votes handed over prior to the beginning of the meeting
2 votes from homeowners in attendance
Abstentions - total 8 votes
7 votes sent to the administration
0 votes handed over prior to the beginning of the meeting
1 vote from homeowners in attendance
The proposal was approved by a majority vote.
Proposal 3: Amendment of urbanisation rules to ban parking on the Residencial Inspiration side of the Dreams Hills street, paint a yellow line to indicate such prohibition and, if necessary, hire a breakdown vehicle to facilitate the line-painting.
The cost of this service was asked. It was informed that the only cost is that of the paint since the community caretaker would paint the line. The breakdown vehicle would only be used if needed.
The matter was put to the vote and the results produced were as follows:
Votes in favour - total 212 votes
126 votes sent to the administration
15 votes handed over prior to the beginning of the meeting
71 votes from homeowners in attendance
Votes against - total 39 votes
23 votes sent to the administration
4 votes handed over prior to the beginning of the meeting
12 votes from homeowners in attendance
Abstentions - total 24 votes
11 votes sent to the administration
2 votes handed over prior to the beginning of the meeting
11 votes from homeowners in attendance
The proposal was approved by a majority vote.
Proposal 4: To close the swimming pools at 6 pm - 1 October to 31 March.
(A property owner suggested closing one of the pools in winter months. The committee responded that this was being investigated as a possibility.)
The matter was put to the vote and the results produced were as follows:
Votes in favour - total 265 votes
152 votes sent to the administration
19 votes handed over prior to the beginning of the meeting
94 votes from homeowners in attendance
Votes against - total 6 votes
5 votes sent to the administration
1 vote handed over prior to the beginning of the meeting
0 votes from homeowners in attendance
Abstentions - total 4 votes
3 votes sent to the administration
1 vote handed over prior to the beginning of the meeting
0 votes from homeowners in attendance
The proposal was approved by a majority vote.
Proposal 5: To award a grant of 500 euro annually to the Dream Hills Neighbourhood Watch group.
Jan, Chairperson of the NHW group, addressed the meeting and explained that the funds would be used for printing, paper, phone calls, translating, etc.
The matter was put to the vote and the results produced were as follows:
Votes in favour - total 260 votes
149 votes sent to the administration
20 votes handed over prior to the beginning of the meeting
91 votes from homeowners in attendance
Votes against - total 10 votes
8 votes sent to the administration
1 vote handed over prior to the beginning of the meeting
1 vote from homeowners in attendance
Abstentions - total 5 votes
3 votes sent to the administration
0 votes handed over prior to the beginning of the meeting
2 votes from homeowners in attendance
The proposal was approved by a majority vote.
Proposal 6: To amend urbanisation rules to place a speed limit of 10 kph on all the urb private roads and place signs in vulnerable areas.
Cost (approx): 200 euro for signs and posts.
(It was also suggested asking for speed limit signs for the main public road. The Administration advised that this has been requested several times and that copies of the applications filed were available at the Administration office.)
The matter was put to the vote and the results produced were as follows:
Votes in favour - total 234 votes
128 votes sent to the administration
14 votes handed over prior to the beginning of the meeting
92 votes from homeowners in attendance
Votes against - total 35 votes
28 votes sent to the administration
6 votes handed over prior to the beginning of the meeting
1 vote from homeowners in attendance
Abstentions - total 6 votes
4 votes sent to the administration
1 vote handed over prior to the beginning of the meeting
1 vote from homeowners in attendance
The proposal was approved by a majority vote.
SEVENTH – Election of President for year 2009-10.
The meeting was asked if there were any other nominations for President, since the only nomination received up to March 31 was that of Ms MARIBEL JIMENEZ MORALES, the present community President. No one else stood.
The matter was put to the vote and the results produced were as follows:
VOTES IN FAVOUR
152 VOTES SENT TO THE ADMINISTRATION
19 VOTES HANDED OVER PRIOR TO THE BEGINNING OF THE MEETING
94 VOTE FROM HOMEOWNERS IN ATTENDANCE
TOTAL 265 VOTES
VOTES AGAINST
0 VOTES SENT TO THE ADMINISTRATION
0 VOTES HANDED OVER PRIOR TO THE BEGINNING OF THE MEETING
0 VOTE FROM HOMEOWNERS IN ATTENDANCE
TOTAL 0 VOTES
ABSTENTIONS
8 VOTES SENT TO THE ADMINISTRATION
0 VOTES HANDED OVER PRIOR TO THE BEGINNING OF THE MEETING
0 VOTE FROM HOMEOWNERS IN ATTENDANCE
TOTAL 8 VOTES
THE NOMINATION OF Ms MARIBEL JIMENEZ MORALES WAS UNANIMOUSLY APPROVED. SHE WAS APPOINTED PRESIDENT OF THE COMMUNITY FOR 2009-10.
ACCORDINGLY Ms MARIBEL JIMENEZ MORALES CONTINUES AS PRESIDENT OF THE COMMUNITY FOR THE YEAR 2009-10.
EIGHTH – COMMITTEE ELECTION (COMMUNITY BOARD)
Mr JOHN KERR (495), Mr JOHN SINCLAIR (264) and ALWYN ROZENEK, Secretary, (754) stepped down for 2009-10. The meeting thanked the outgoing members for their contribution to the community.
The following persons volunteered for the committee positions for 2009-10:
Ms MAGS HARRIS (269). UNANIMOUSLY APPROVED
Ms TID CLIFFORD (586). UNANIMOUSLY APPROVED
Mr JAN RENNISON (198). UNANIMOUSLY APPROVED
Ms JENNIFER MC CADDEN (21). UNANIMOUSLY APPROVED
Ms LOWRI MITCHEL (703). UNANIMOUSLY APPROVED.
Mr RAFAEL BARCELO MARTIN (97). UNANIMOUSLY APPROVED
Ms PAT BROWN (513). NEW MEMBER. UNANIMOUSLY APPROVED.
Mr TERRY DUNN (503). NEW MEMBER. UNANIMOUSLY APPROVED.
Mr NORMAN RICHARDSON (298). NEW MEMBER. APPROVED BY A MAJORITY VOTE WITH ONE ABSTENTION
RE-ELECTION OF ADMINISTRATORS:
The re-election for the year 2009-10 (12 following months) of the Administration position held by A. INVERSIONES TORREVIEJA s.l., represented in this act by Ms ANA ROSA MAESO NAVARRO, was put to the vote and the results produced were as follows:
Votes in favour - total 262 votes
152 votes sent to the administration
19 votes handed over prior to the beginning of the meeting
91 vote from homeowners in attendance
Votes against - total 2 votes
0 votes sent to the administration
1 vote handed over prior to the beginning of the meeting
1 vote from homeowners in attendance
Abstentions - total 10 votes
8 votes sent to the administration
0 votes handed over prior to the beginning of the meeting
2 votes from homeowners in attendance
The re-election of the administrators for 2009-10 was approved by a majority vote.
Ana Rosa Maeso (administration) and the people working in the administration office thanked everybody for their confidence and management recognition.
The 2009-10 community board of Residential Dream Hills was accordingly constituted.
NINTH - Reading and approval of the Income and Expenditure budget for the year 2009-10.
The budget prepared and submitted included all the expense items approved at the meeting. It also included the expenses, a budget amount of 15,700 euro, relating to the adaption of existing analogue Spanish TV signals to digital. The reduced figure for the Praetorian Guards Services and electricity consumption is also reflected in the figures. Electricity deregulation has brought more choice of suppliers and a 2,5%-5% decrease is expected in the electricity bill. Copies of the budget were circulated among the attendees for consideration.
The final budget for 09/10 amounts to 190,077.97 EUR. The annual community fees included in said budget have been calculated according to each owner´s share as provided for in the Horizontal Property Act currently in force.
The property owner of dwelling 389 asked about the chance of reducing the amount assigned to OVERHEAD EXPENSES since during the year 6,489.31 EUR was spent on it. It was pointed out that the figure budgeted was higher to take into account anticipated works in a number of areas and incidental work which may also arise.
The budget was put to the vote and approved by the majority of attendees with three abstentions.
The community fees shall be debited on 1 June 2009 on an annual basis according to the amounts approved at this meeting.
TENTH – ANY OTHER BUSINESS
-A question was raised about the town council responsible for the street adjoining Residencial Inspiration.
It was informed that the road leading from the roundabout at the bottom of Dream Hills to Lago Jardin II is within the Town Council responsibility of Torrevieja.
-A question was asked why the cleaning contract was not put up for voting? She stated that she was not happy with the cleaning service on her road. The meeting was informed that it was not normal policy to vote annually on maintenance and cleaning contracts. The cleaning contract was voted on previously due to a number of complaints being received. The contract will be reviewed with others this year.
- Complaints were raised regarding noise very late at night at Via Park V bars.
It was informed that any noise nuisance should be reported to the police. Music is permitted on these premises with licenses until 12 am, when they are supposed to shut their doors.
(At this stage there were fewer than 25 people on the meeting room floor.)
- The property owner of dwelling 382 raised a complaint regarding the lack of skips in the first days of May.
It was advised that the company hired by Orihuela town council to collect waste ceased providing this service and removed its skips. The new contractor, who commenced on May 1, has placed fewer but larger skips on the urbanisation. It was also pointed out by this property owner that the approval of the annual expense budget should be included in the list of proposals. This is not feasible as certain proposals put forward can be rejected thus affecting the final budget figure.
- The homeowner of dwelling 45 raised a complaint regarding dog dirt and their constant barking.
There being no further business to address, the meeting is closed at 13.40 hours of this day. I, the Secretary of the Meeting, hereby bear witness thereof.
Signature: The Secretary-Administration. Signature: The President
Changes to your Dream Hills Owner’s /Information booklet,
AGM 2009/2010
Please cut/copy and put the current up-dated information into your booklet.
An e-mail copy of the up-dated booklet can be obtained from tidclifford@gmail.com
President. Maribel Jimenez Morales.
Your committee for the year 2009/2010 will be.
COMMITTEE REPRESENTING
Jenny McCadden (21) 1-57 & 813-886
Pat Brown (513) 58-92, & 509-604.
Lowri Mitchell (703) 605-812.
Jan Rennisson (198) 93- 211.
Terry Dunn (503) 402-508.
Mags Harris (269) 267-275, & 317-408.
Norman Richardson (298) 193-266 & 276-516.
Rafael Barcelo Martin, (97) Spanish representative.
Tid Clifford (586) V.P. & Secretarial All Areas.
Additions to the Urbanisation Rules, Approved AGM 06/ 05/2009
12) No Parking is permitted on the yellow line in the road between Dream Hills Urbanisation
And Urbanisation Inspiration. The left-hand side of the road must be clear for emergency vehicles access at all times
13) A speed limit of 10 kilometres an hour is imposed on all private roads within the Urbanisation.
Amendment to the Pool Rules, Approved AGM 06/05/2009
(Please add to the times section of the Pool Rules.)
The Swimming Pools will be closed for the winter season at 1800hrs from 1st October to 31st March each year
Security service. Page 7 Change to service for 2009/2010
The Praetorian security service will be available from June 15, 5 nights a week 2200hrs to 0600hrs
Friday and Saturday night as standard nights and 3 random nights.
The call out service on all nights will not start until 2200hrs.
Please note the change in hours.
Emergency Tel no…… (This telephone number has already been sent to each owner in their private copy of the minutes.) (10pm to 6am only)
( Please keep this number secure. Put in your mobile phone, or keep it by your telephone.)