AGM News

I notice there are far more properties than owners listed . Surely SJ still own or are responsible for some of these properties? Perhaps SJ should be on the list ?

 For example some purchasers have been adviced not to complete until certificates etc are in order  even though their properties are ready who is responsible for these .If not using electric etc they are due to pay the maintenance amounts .There are many owners who feel unable to use their propertie yet and they are not using anything either .

There could be other owners in a legal battle with SJ or the banks as the BG is enforceable and valid even after completing on a property until final licences are in place .I don't think things are just as straight forward as the committee seem to think

.Do they have a list from SJ of the properties they are still responsible for and if so can this be posted on the blog  ? or is this another example of one way traffic with SJ shirking their responsibility in all this as usual !!!!

Hi Magicmeg and Profe,

Yes I agree with your comments.

1 - In an ideal situation, owners should be paying their way.  But like comments made they have been advised not to.

2 - It is the wrong way and like you say illegal to send information of this nature to others. How many of the UK residence have payed national insurance or other UK taxes and still rely on the UK system? Lets start a list and email it!!

Has anyone on the commitee thought of the voting situation of SJ Administrators as an owner?

Hi all

I agree with the committee on this one. I think publishing a list of non payers is a good way of showing residents who are paying and who are not.

However this list should only show owned properties whether the property is being used or not as the community charge is for the upkeep of the site. I believe that it is illegal under Spanish law not to pay it (maybe someone could put me right on this) .

I was shocked to find that I was on this list and it would seem that I paid the wrong account (opphs) which I corrected last Friday.

What I disagree with is this money being used to pay for water, The community fee is the same whether you live there or not so it would seem that the non residents are paying for the residents usage.

Almost a year ago now the committee was talking about installing our own water meters but this was shelved, I think that this should happen now so that the people using the water pay for it then maybe when future water bills arrive they can be paid for so that we do not get cut off again.

What I am most surprised at  is the lack of information coming out of El Pinet.....Whats happened to the builders?  Have they come back? What happened at the AGM which was held five days ago?

I am getting PI**ED OFF with the whole situation with El Pinet  as this has been going on for four years now. I paid my property tax when I purchased, my non residents tax on my bank account, wealth tax and suma and what have I got to show for it    Well I can tell you a property that I technically should not use, and when I do the water runs out , the electricity is cut off, the roads are unlit and a building site. I have done everything legal WHAT RIGHTS DO I HAVE as a tax payer.

You read in the papers about thefts at Alicante airport and pick pockets at the markets but what you dont read about is the legal muggings that happen in Spain. Everyone has their finger in your pie but it would seem I have no legal rights to sort this mess out   

Hi patandlinda,

Agree with most of your comments.

However, my understanding is that water meters cannot be installed until until the infrastructure is finished. Unfortunately the blog is not yet up to date but I understand from a reliable source that the AGM was on the whole very well run. San Jose were represented and produced signed contracts from 2 of the 3 companies which are completing the infrastructure. The cash is in place and works to be started within 2 weeks. This is not dependant on the 3rd company signing. The Committee have agreed to a 15 day wait prior to instigating legal proceedings.

 Elche have intimated they will be prepared to start granting Habitation Certificates as soon as work is completed, subject to inspections. Hopefully a fuller report will appear in the blog shortly but at least things seem to be progressing.

Hi patandlinda .you are quite right you don't have a legal leg to stand on you have taken possession of a property without a habitation certificate which regardless of what you are paying is illegal .You should not be using it for holidays ,living there or renting .SJ have lied all along they will do what is good for themselves ,expect nothing else from them they are only concerned with saving their own skin nothing else . 

They  are acting out with the law but what amazes  me is that everyone seems to be going along with them without challenging their actions .Go figure !!!!!!  . No one should be on El Pinet  yet if no one was the story would be very different.The fact that many have completed before it was legally prudent to do so  just gives power and  to SJ and allows them to call all the shots 

 They are a bunch of crooks and I suspect the place will be a building site for many more years .Sad but true ! M

Hi PatandLinda,

Yes people should be named and shamed for non payment of "any" kind. But what I disagree with, is the address of owners being put on a blog (PinetMR9) for the whole worldwide web to see! The owners may have a reason for not paying. They are trying to make a statement or stand. It could be they are not aware of how to pay. Maybe what they see as misuse of money by the committee or San Jose. Have you though that it maybe that they can not get hold of the money, through health or wealth reasons? OR LIKE you, paid it in to the wrong account?

I think you should also look at the comments you made on the EL PINET Blog thread.

I would like to know who is not paying into the health or social services in Spain or the UK and using them!!

As for this 15 days or two weeks. That takes it into the holiday period. Then what? Have they made it up with JOST to complete the roads and lighting. There is a deadline on the lighting, else the cabling and duct work will have to be replaced. Then its up with the pavements. They are always waiting for other contractors to sign. There has always been money there. I strongly agree with the comments that Magicmeg has made. It needs legal action.

Here is a little sum (just an approximation):- 56 weeks ÷ 2 x 4 (years) = 104 broken promise made by San Jose.

It is my understanding that the money is not in place to finish Pinet

Instead of producing signed contracts for the infastructure, i would prefer to hear that SJ produced signed documents from the bank proving that the money is available to finish MR9 and as SJ have stated that a deal is now signed, it should be so easy to prove it!! (maybe not)

FAR

Please find below a copy of the e-mail kindly sent out by Cherry regarding the recent AGM

Hi Everyone 
Attached is the minutes of the AGM in English and Spanish.  We are sorry for the delay the document has only just been received from the Gestoria. 
As some of you are aware one of the Committee members is kindly setting up a new community blog, but unfortunately he has had a problem with it, as soon as it is up and running we will send you another email with the link.  Please be patient we are all trying to do our best. 
The latest news is that we have some builders on site, mainly doing some ground work.  As it is still the Spanish holiday we hope to see more builders next week. 
To keep the cost down I would be very grateful if you could pass this email to anyone you know who has property on El Pinet. 
Regards
Cherry
 

  La Marina, 3rd of August 2009

Copy of the Minutes of the Annual General Meeting from the Owners Community

Residencial El Pinet

in the village of La Marina, celebrated on 25th of July 2009

In La Marina, at 11:00 h from 25th of July 2.009, being in the meeting rooms El Porvenir, the
Annual General Meeting was celebrated in the second call, previously called by the President. The
next owners were present:

 TOTAL PRESENTS: 75.
TOTAL REPRESENTED: 18.

In the presence of the president of the community, Mr. Bo Leiliel Gottschalk, and the vice-
president Mr. José Francisco Mas Riquelme, the General Meeting is officially opened by the
secretary, Mr. Félix Domínguez Herranz, dealing with the next:

AGENDA:

1º Reading of the Minutes of the Previous Meeting.
2º Approval of the accounts.
3º Adoption of the regular budget meetings next year and fees. Providing

funds.
4º Neighbourhood Report of the situation of the works.
5º Renewal or re-election of president, vice – presidents and administrative

positions.

6º Other business meetings, requests and questions.

AGREEMENTS

First: The secretary and the president of the community read the Minutes of the Constitution
meeting celebrates the 22nd of December 2.008, in Spanish and English, respectively.

Due to the presence of Mrs. Almudena Rodríguez, representant of the company San José,
in the meeting, the order of the agenda is changed, going to the fourth point about the situation of
the urbanization works.

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Fourth: The representant of San José, Almudena Rodríguez, informs about the situation of the
urbanization Works outstanding and brings to the meeting the contracts signed by the companies
that are going to do the works.

Mrs. Rodríguez informs to the presents that the works will begin in two weeks and it will be
about five months long. Furthermore, they are negotiating that, after the works, the town-hall can
receive the urbanization section by section for, in this way, they give the habitation certificates and
owners can contract water and electricity supplies.

Next, it is produced a series of owners’ participations discussing some details of the works
are going to be done.

Finally, it is agreed unanimously by the presents that the community keeps the right to
complain and defend the interests of all the owners if the works doesn’t start in the term of 15 days.
For that, the community would contract the services of a lawyer expert in urban issues.

Lastly, and before Mrs. Rodríguez left the meetings room she ask to every owner they
notify their complaints to the governing committee of the community for they give this information to
San José.

After this point, we take the normal order of the foreseen agenda.

Second: After a short reference to the state of costs and incomes during the mentioned period,
presents could discuss about the list of costs and incomes included in the call of the meeting.

Clarified the questions made, those presents approved the financial position
unanimously.

Third: The secretary, Félix Domínguez, explains to presents that in the constitution meeting in
December, the community established a payment of 20 € for constitution expenses, and later, a
monthly payment of 20 € was established to create a fund in the community’s bank account.

After a long discussion and the participation of several owners talking about the payments
and how to pay it, the president proposes to keep the ordinary monthly payment of 20 € for
community expenses.

Furthermore, it is proposed to establish the payments for electricity and water
consumptions in 70 € per month, for residents in the urbanization, and in 40 € per month, for
owners who don’t live permanent in the urbanization.

Some owners participate considering the amount of 40 € is excessive for people who don’t
live permanent in the urbanization.

Francisco Llopis proposes that the governing committee will make new calculations to
check how much would be the minimum amount owners who don’t live permanent must pay.
Meanwhile, the proposed payments are approved by the majority of the presents. So, this amounts
will be effective till December, or till when the minimum amount for water and electricity supplies
would be changed. The only owner who votes against the proposal is Mr. Agustin Segura Ruiz (M8,
nº 6). For that, the payments will be the next:

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•
Monthly community fees: 20,00 €
•
Monthly electricity and water supplies:
•
Residents: 70,00 €
•
Non-residents: 40,00 €
It is remembered that to do the incomes of the community fees, the CIF and bank account
numbers of the owners’ community are the next:

C.I.F.: H54397484

C.C.C.: 2090 0082 14 0040145619

You have to pay electricity and water supplies in San José’s account.

Fifth: The current secretary, Mr. Felix Dominguez Herranz, turns in his resignation.

The owner Ginés Mañé proposes that the governing committee increases to five the
members of block number M-2. This proposal is approved and all the owners are invited to present
their candidatures for being members of the governing committee. The next owners are proposed:

-Member M-13: Juan Pedro Gómez Pérez (nº 18).
-Member M-18: Salvador Rodríguez Gómez (nº 6).
-Member M-2: Paul Williams (nº 40).
-Member M-2: James A. Leonard Aspden (nº 83).
-Member M-2: Ginés Mañé (nº 95).
-Member M-2: Stephen Gilligan (nº 139).
-Member M-3: Francisco Llopis Sempere (nº 12).
-Member M-4: Cherry Anne Lewis (nº 1).
-Member M-5: Salvador Poveda Riquelme (nº 25).
-Member M-8: Morris Parker (nº 1).
Besides, it is proposed the president and vice-president carry on with their charges:

-President: Bo Leiliel Gottschalk (M-13, nº 16).
-Vice-president: José Francisco Mas Riquelme (M-8, nº 31).
The candidatures proposed are approved unanimously by the presents. So, all them
are the members of the governing committee of the owners’ community.

All of them will be in their charges till July 2.010. It’s said, till next Annual General Meeting
when the community will choose other members or renew the elected ones in this meeting.

The charge of secretary-administrator is empty. For this charge the community will contract
an professional communities’ administrator, registered member of “Colegio de administradores de
fincas de Alicante”. The governing committee will choose which one.

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Sixth:

-
One owner proposes to fill in one pool more. Mr. Francisco Llopis explains to the presents
that the community only has one pool working because of the rest are damaged. It’s said,
they have leaks. For that, it is necessary to repair it. But this is something the community
will complain to San José when they finish the urbanization works, because they have to
give to the community the installations in perfect conditions for the use and enjoyment.
-
One owner, Sara, proposes to establish an ethical code to assure the correct use of water
and electricity supplies. The secretary informs that the governing committee put some
notices in the urbanization recommending the maximum saving in the consumption of
water and electricity; it is the best for everybody.
And without more matters to discuss, it’s going up the meeting at 13:45 h. in the place and
date mentioned on top, writing the agreements accepted in the Minutes Book of the Community. It
is signed for the President and me, Secretary-Administrator of the Community agreeing all that is in
it.

The President The Secretary-Administrator
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Hi all,

I get the feeling we are just bouncing along and nothing is happening or going to happen. We will end up like the residents in Torrevieja’s Torreta III. (Article in the Costa Blanca News)

I’m still not happy about the sums of money we are paying to SJ. I not sure I am going to pay this unless I see the figures these charges are based on. I will however carry on paying the community charge.

What about the pool’s out of action, are the leaks going to get checked and repaired?

Come on someone lets get good legal assistances. Now, not two weeks or never!!