The spring 2009 EGM

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07 Apr 2009 11:09 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 RG,

The 8000 Euro court case claim is not on the agenda as requested by the neighbours; thats just an estimate which could be off by 2000 Euros plus or minus. The 18.000 Euros (my goodness!) for a post box is on the committee's agenda.  By the way I haven't seen any hard facts about it as yet, but they are already asking for an extraordinary fee to finance it!!!

Anyway it's silly to discuss an extra fee before discussing the real budget. That's not a proper agenda.

Max




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08 Apr 2009 12:06 AM by Jenx Star rating. 121 forum posts Send private message

 

Max,  I thought PMs are just that -PRIVATE -.Don't try it on because I gave you no reasons or explanations other than to remind you that my financial affairs are my business. Let's hope your wallet matches your mouth/pen.

Thought you didn't like 'keyboard wars' oh the temptations, goadings......................




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08 Apr 2009 12:09 AM by RG Star rating. 299 forum posts Send private message

Max is wrong the matter of the cleaners contract termination which according to him may eventually lead to a court case which they may or may not win and we may or may not have to pay €8000 is quite clearly on the agenda as requested by them. The fact is that Max & co are scaring people into believing that we are facing a possible pay out of €8000 euros when in fact there is no court case and even if in worst case scenario we do end up paying it would be much much less then this amount. Yet the committee can't even place an estimated amount for the mail boxes which will be required if the Correos are to come to DJ without it being called a presumption so far everything Max has claimed has been based on a presumption. 

Max says '€18000 euros my goodness' for mail boxes what about the €6000 odd the last committee of which Max was the vice president spent on odd and sods like junk mail trays and bins which were totally unnecessary ? He didn't worry about that but now suddenly he is so concerned about the cost for the mail boxes. 




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08 Apr 2009 4:56 AM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 I'm trully missing the point here. I reread the offical agenda I posted which at least 55 concerned neighbours supported and I can't find a reference to courtclaims by Hervas.

There are two people who are disrupting this topic who were both on the no vote = debtors list at the last AGM.As far as I know they didn't even participate in last years AGM or earlier meetings. Could these two people please use the topic I opened especially for them to voice their opinions. 
 
The spring EGM is a major issue and the topic about it should not be disrupted by these two persons. Everyone except the two of you is concerned about these issues and want to find a way to sort them. This EGM is important for all owners; in the end it's all all about the value of our properties. As a seller you want to maximise it, if you are into rentals it's important that the community is well maintained, and as a private owner without these worries you still want to protect your investment.
 
Just for the record as vice-president I have always opposed huge spendings on mailboxes as they were only important to permanent residents. I have even publically stated so on this forum. At that moment the amount was estimated at 4000 Euros which I found unneccessary. Apparently it went up to 18.000 Euros which I find a complete and ludriculous waste of money. However at the meeting plans will be presented to realize this for a much, much lower amount.
 
Max
 


This message was last edited by max! on 4/8/2009.


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08 Apr 2009 9:26 AM by davmunster Star rating in Carvajal\Belfast. 843 forum posts Send private message

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Max,

You truly do seem to be missing quite a number of points. First your "official agenda" is not the "official agenda" it is simply a list of points that you personally requested to be included on the agenda. Even your and Toni's hot-shot lawyer agrees with the committee on this. (By the way I hope you are going to pay him as you are responsible for putting poor Toni in this position)

Second your "at least 55 concerned neighbours" includes renters who are not entitled to vote and multiple owners who are only entitled to 1 vote so please stop exaggerating.  They also signed up to 2 different sets of agenda points so you can hardly call the one you posted "official".

Third, not only are you trying to tell the committee what to do you are now telling every member of EOS what to do. You own 1 apartment out of 204 and you are entitled to equal say with the rest of us which is less than 0.5%. People are free to post what they want where they want. you used to tell people off for unnecessarily opening new topics. Now you are doing it resulting in the same discussion occuring on various threads.

Finally below is a little reminder of what you wrote on EOS a few months ago:

Cleaning:
We pay 35000E to a cleaner. How often is she cleaning? 5 floors in 10 buildings every day? Is she cleaning outside too? Are we paying her per hour(while she is talking) or do we pay a fixed amount?

We pay a fixed amount. The general contract says to keep the blocks in perfect order including all the communal areas inside them (f.i the parking spaces). I don’t own the detailed list which specifies how often what has to be cleaned. The buildings had to be mopped at least once a week and currently that’s not happening. In the beginning there were no complaints, but you could also see the two of them cleaning quite often. Nowadays we hardly see them.

 

 

The situation is made even more difficult because one of the committee members is the owner of the cleaning company and instead of cleaning she is permanently instructing our maintenance people (in the wrong direction mostly) and talking with the other service providers. Our president let it go as she essentially does his dirty work, but the rest of the committee is very frustrated with it. 





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08 Apr 2009 10:10 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi David,

 
First of all it's good to see that you're back on Eye of Spain. Thanks for that.
 
Unfortunately I don't agree with the points you make. You say that the farce the committee made of the original agenda as requested is the 'official one'. I disagree: a meeting called by the owners can't be changed by the committee. My so called 'hot shot lawyer' is specialized in community affairs and cases against developers. If he says this can't be done I trust him; he is the one winning all these cases in high court, not me.
 
That the committee changed the order of the agenda so that we now have to decide on new expenses before discussing the actual budget is not only an infringement on the rights of owners to call their EGM, but also violates all reason. I nor others can decide on any issue before we have seen what the committee has done with our money and we re-establish the budget.
 
Your other points seem to be about factual issues. I just checked and we have 55 signatures from actual owners; not renters.It's true that three people own two apartments, but what does that matter? You claim that there are 204 apartments. I'm pretty sure there are 208 apartements. If we use the rule that regardless of the number of apartments you have only one vote I would estimate the number of possible voters at 188 or lower. Withdrawing the extra signatures from a few people who own two properties we still have 51 votes. That is more than 27% of the possible votes.
 
In a letter the committee distributed today they say that there were 'irregularities in the signatures collected'. This is not a true representation of the facts. We had all these signatures checked by the administrator and they were all valid.
 
Your comment about two sets of agenda's I don't understand. People signed for the agenda; it's the committee who changed it which is very unfortunate as we will now have to debate the order of the agenda on the meeting instead of using our time to positively work and discuss the important issues at this EGM.
 
Your quote from long ago is an answer to someones question,. Yes I was opposed to having contractors or their representatives on the committee. It introduces personal arguments in what should be a rational discussion. Likewise I have problems with the fact that one committee member has a personal vendetta with one of the cleaners which lead to the silly letter ending the contract mid term.
 
Best regards,
 
Max



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08 Apr 2009 10:39 PM by davmunster Star rating in Carvajal\Belfast. 843 forum posts Send private message

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Hi Max,

We disagree about a lot of things. You call what the committee is doing a farce. To me what you and your little group of disidents is doing is a farce.

You say we can't change the agenda. It is true that if you make a proper request to put something on the agenda you are legally entitled to have it on the agenda but that is as far as it goes. Asking for items to be put on the agenda doesn't give you any special status. You wont be running the meeting and you don't have any special rights to be infringed.

Your call for the meeting contained irregularities. You had got people who owned multiple apartments to sign more than once which is illegal. You got renters to sign. you just admitted this - how is this a misrepresentation of the facts?

The agenda you put on EOS and the one you sent with the call for the meeting were different. It doesn't actually matter. As you wrote to me privately anyone can put forward items to go on the agenda. You signed for yours on Saturday and that made them valid but they are YOUR points. People signed for the meeting not your agenda points.

You make an allegation that a member of the committee has a personal vendetta against one of the cleaners (the one with no employment contract who was working illegally). This is a serious allegation. If you can prove it do so. If you can't you should withdraw it. I have been wondering if you have a personal vendetta against one of the committee members. You may have but as I can't prove it I cannot say that you do.



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08 Apr 2009 11:21 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi David,

Of course I don't have any special rights, but this large group of neighbours certainly has. 

Recheck the list the administrator signed off and you will see that there are no renters on it. You call over 27% of the real owners a small group; I beg to differ. The letter the committee distributed today states there were 'irregularities'. The administrator disagrees with you.

The original request for the agenda as placed on EOS has never been the basis for collecting signatures. All people who wanted to sign have been properly informed about all the issues. One of the huge issues wanted on the agenda was the status of all pools in our residential. As you know there are currently huge problems with licenses and access to pools so it was put on the agenda in accordance with the request of all the undersigned. 

Innuendos about personal issues, selfishness and what else have been posted before by the small group of people who oppose this meeting. I don't think a vice-president should take part in this kind of 'discussion'

To get back to the real issues: will the committee defend the change of the agenda? I have stated why it's not only illegal, but also unworkabable. Deciding about an ridiculouse extra expenditure of 18.000 before discussing the budget just doesn't make sense.

Max

 



This message was last edited by max! on 4/8/2009.


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08 Apr 2009 11:36 PM by RG Star rating. 299 forum posts Send private message

 In Max's earlier post he wrote:

There are two people who are disrupting this topic who were both on the no vote = debtors list at the last AGM.As far as I know they didn't even participate in last years AGM or earlier meetings. Could these two people please use the topic I opened especially for them to voice their opinions. 
 
If I remember correctly Max didn't turn up or participate at the last AGM and bad luck to all those who left proxies with him, their votes certainly didn't count. Then again perhaps that was a good thing seeing as Max's likes to take power away from the proxy givers.
 
The spring EGM is a major issue and the topic about it should not be disrupted by these two persons. Everyone except the two of you is concerned about these issues and want to find a way to sort them. This EGM is important for all owners; in the end it's all all about the value of our properties. As a seller you want to maximise it, if you are into rentals it's important that the community is well maintained, and as a private owner without these worries you still want to protect your investment.
 
So who is the dictator now? Max tells the committee what to do, he tells his neighbours what to do, he tells posters on EOS what to do! As I have said before I am not against the EGM being held although I don't agree with it and I have always stated if you get the votes have one which is only fair that you obtain the votes as holding an EGM costs the community money. Yet even though an EGM has been agreed Max & Co are still not happy, just because the committee have decided to add a few extra items into the agenda. What are you scared off?
 
Just for the record as vice-president I have always opposed huge spendings on mailboxes as they were only important to permanent residents. I have even publically stated so on this forum. At that moment the amount was estimated at 4000 Euros which I found unneccessary. Apparently it went up to 18.000 Euros which I find a complete and ludriculous waste of money. However at the meeting plans will be presented to realize this for a much, much lower amount.
 
So Max has always opposed huge spending, I refer back to last year when Max was vice president and spent almost €6000 of our (owners) money on stupid things like the little bins littered all over the complex and junk mail trays etc as I have previously posted - so where was his opposition then or did he think it was better to spend money on these almost useless items and not a smaller amount on facilities for the mail and yet now he is arguing about the mail box on the agenda. 
 
 




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09 Apr 2009 12:10 AM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi RG,

It was indeed very unfortunate that I could't attend the last AGM because my wife was suddenly very ill and had to go to hospital. However I attended the other four meetings and I always was able to vote as I did pay my fees. Just two people opposing a meeting who did not pay is not very convincing for 'democracy at work'.

Did you have a look at the expenses the current committee made so far? Do check the figures and realize that there is not even a comparison.

I oppose the change of the agenda as it doesn't make sense. I'm waiting for the committee's explanation why they changed the order of the agenda.

There is a letter from the committee dumped in the mailboxes of all the foreigners. Apparently our mailbox, like these of the Spanish, was not served this letter. I assume it's a compliment we are no longer considered foreigners, but I find it strange.

The letter contains facts which are not true, but the most worrying part is that it asks to send a blank proxy vote to the committee. Rene told us that at the EGM the real facts would be revealed, but now the committee is demanding the proxy vote before these facts are known.

I don't think this is a proper approach. People should only vote if they are in the know. We refused votes when we thought people didn't understand the issues. Like I said earlier a proxy war is not the way to solve the issues. When in doubt don't vote, but a selective call to a number of owners in a letter asking to vote for the committee is not a proper action. I hope the committee will publish this letter on EOS so that we can comment on the facts as they are put forward.

Max

Max




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09 Apr 2009 1:32 PM by davmunster Star rating in Carvajal\Belfast. 843 forum posts Send private message

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Max,

Provision of mailboxes is capital expenditure.They have to comply with Correos specification for size and security and as they will be a permanent feature need to be build in a way that fits in with the look of the rest of developement. Can it be done for less than 18,000€? I hope so and if it can the special charge required to cover the cost will be lower. It cannot be paid for out of normal income so there is no need to consider the community finances before considering this item.

The provision of a security guard is ongoing expenditure so it is right and proper that it is considered after the financial update but it can't be paid for with virtual money. We will have to cut expenditure elsewhere or increase the monthly fees to cover the cost. Please don't worry about this being "turned into an information item" on the agenda. I do not know if this is a Spanish thing or unique to GICS but they have done it with every agenda since the beginning. If the community wants a guard and agrees to pay for it we'll get one.

Most of the rest of the agenda related to items outside the control of the committee. No doubt people will let off steam as usual but the most the committee can do is write letters and ask for meetings which it is already doing anyway.

The only other item is the controversial subject of the cleaning contract. We thought we should clear up all the easy stuff first then people can talk for as long as they want about this.

You raise some other questions which I'd like to answer but I don't want to mix them up with the agenda



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09 Apr 2009 8:01 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Max,

You know a lot about the community.

You have a lot of ideas and also positive ones.

You also have informed me often about issues and I have been working on it

Like the pools they are no issue anymore, I have seen the lab results and they are different from your measurements.

Only nitrate is out of range and will be handeled by gently refreshing the water

But what amazes me that you are keeping information for you and the group of neighbours around you

For example the mailboxes, we are glad to know and accept your idea if it can be done less that 18000 euro!!

Why holding back this information and call for an EGM to present it? Is it pride?

Together we have to make DJ a better place!! 

Then the Hervas case, as David copied your post from a few months ago.

You would like to end the Hervas contract because of the same reasons we have now.

Besides the post in red below you also told me this in person.

You even blamed Hernan the President at the time that he is letting it go and stated that the community board is very frustrated about it.

And now you have turned 180 degrees and vote for restoring the contract?

I really don't get it.

About the agenda.

We have called your lawyer because we wanted to know if he has said that the official agenda is illegal

He has never said such thing was the answer. As long as all points will be covered its legal.

Let the board first explain the current situation to all the people and then decide on what is possible to do.

Seems fair to me.

So please don't make it harder for everyone as it already is and put salt on every snail (Dutch saying)

Best regards,

Rene

 

 

 



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09 Apr 2009 8:32 PM by Saskia Star rating. 43 forum posts Send private message

René wrote:

But what amazes me that you are keeping information for you and the group of neighbours around you

For example the mailboxes, we are glad to know and accept your idea if it can be done less that 18000 euro!!

Why holding back this information and call for an EGM to present it? Is it pride?

At the informal meeting I attended with Ana and Javier and 4 other neighbours, a proposal was done to arrange this for a much lower prices. Details where exchanged and the two comittee-members promised to look into this and keep us informed of the progress. Also one of the undersigners for the meeting has repeatedly send e-mails to the administration about this point and a few other points, but never got a response and in the end mailed us about it. At the meeting mentioned above we have given a copy of this e-mail to the comittee-members and again they promised to follow this up.

Neighbours aren't hiding things René, but are on the contrary really trying to get involved in community matters (hence the call for an EGM). They do however have the feeling that their voice isn't really heard. This is a good example of that.



This message was last edited by Saskia on 4/9/2009.


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09 Apr 2009 8:37 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi Rene,

 
It's true that I know a lot about Don Juan and have alerted the committee that there were major irregularities in handling the pool (chemicals, checking etc) which could make us lose the license (and cost us a fine of at least 15.000 Euros). However I have done this in strict secrecy and to committee members only as this is a sensitive issue.
 
I don't want Don Juan to be without pool or having to pay huge fines. I did so because I'm concerned about our community and I felt a moral responsibility as it's not only about fines but also about children's health which were at risk.  The lab report is still not available and should be visible to all; the same goes for the needed daily measurement.You acted responsibe when I alerted you to it a few weeks ago which I appreciate but I don't think we should discuss this issue in detail on a public forum because of possible repercussions.
 
I already answered the other part of your post. Basically the quality of Hervas improved a lot as noticed by most neighbours so yes I changed my point of view. If we get the quality we want for the lowest price possible I'm a happy man.
 
edit: I notice Saskia already answered your other point. I won't repeat it.
 
Best regards,
 
Max

 



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09 Apr 2009 9:16 PM by davmunster Star rating in Carvajal\Belfast. 843 forum posts Send private message

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Max

You told René and I that the pools were not being properly maintained. I asked you to inform the maintenance company and administrator. You refused. You also told us that elements within your shadow committee were going to report the community to the authorities and we might face loosing the pool licence and a heavy fine. As a result we spent community money having the pool professionally checked in case the test kit we were using was faulty. There is nothing wrong with the pool but because of your threat we wasted community money.

You have used so much energy and time on your campaign to discredit the committee. Imagine what could have been achieved if you had used that energy and time in a positive way for the benefit of Don Juan.



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09 Apr 2009 9:57 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi David,

 
You put me into a difficult positon. If I give a detailed report of what is wrong with the pools I would make the community liable for huge fines. I reported the irregularities in private to the commission. I also advised the administrator.
 
There have even been reports of acid burns in the pool, which is is a serious issue. At the moment the licensed pool will certainly not survive a check by the regulating body. I will leave out the details as this would harm Don Juan.
 
Furthermore I don't have a shadow committee and I'm not responsible for what other concerned owners do or think.
 
I have spoken with Irma, our administrator who used to work for the office of my lawyer and she didn't speak with him but with an assistent. He is the one specialized in community affairs. Don't spread rumours about his legal opinion without talking with him. He is a very respected lawyer and he won't like that. 
 
I don't like it when people accuse me of lying (see the 'soap topic'), but I don't have the time or energy to respond on every message. I have always been straightforward and honest. I have put a lot of effort in building the Don Juan community and I have always used EOS as one of the mediums available to get people together. I still am.
 
Max



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09 Apr 2009 10:17 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Max

I as I already said I have the lab results

Since I am managing quality in 9 pharmaceutical companies I know what is right and what is wrong.

Your testresults doesn't correspond to the report.

The acidic water was las oktober and I found it and reported to maintenance so this information is long out dated.

But indeed we have to be carefull

Current status: Ready for swimming

Logbook is also kept and I will check it as soon as I come over

End of discussion.

 

 



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10 Apr 2009 11:10 AM by otterandy Star rating in Dubai - Carvajal. 260 forum posts Send private message

Hi everyone,

Most people know me, my name is Andy (block 2, phase 1) I was the first person to post on eye on Spain back in 2004, and I believe that I have been a major contributor in obtaining and sharing information for everyone at Don Juan. Over the last 5 years I have become friends with lots of people within Don Juan: Steve and Sam, Max & Saskia, RG, Westport & Davmunster etc.. just to name a few and I cannot believe what is going on here. We should not allow a small minority of people spoil what we have achieved so far and I feel that we should support the elected committee which we all (the majority) voted for. If we feel that the committee or any individual within the committee is not doing a good job then we can vote them out at the following AGM, its that simple. I will therefore be giving my proxy vote to the committee for the EGM. 

I will be over to Spain in mid July and would like to meet up with as many people as possible to try and get my head around what is going on at DJ.

Best regards, Andy 

 


 



This message was last edited by otterandy on 4/10/2009.


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10 Apr 2009 12:29 PM by wilander Star rating. 39 forum posts Send private message

I agree with Andy, and in my opinion we cannot accept a group of anonymous people to pollute the atmosphere anymore in Don Juan.

 

In my first post on EOS I expressed that people who would not stand behind their written posts on this blog by identifying himself or herself should forever be quiet.

If this simple rule was adopted we would probably not had to read all these polluting posts we see today.

 

As I’m not sure I can attend the EGM second of May I will today be sending my proxy to a representative of the committee.

Best regards Gordon Blk 1 




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10 Apr 2009 1:23 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi Rene,

I didn't start this public discussion about the pools. I know you're the expert, but you also know that without my confidential information the maintenance people hadn't been working hard these last three weeks to get at least the big pool open and clean. There are still irregularities as you will see when you come over. Basically they have used too much new water to clean the pool without adding the needed chemicals. The children pool is still closed which I think is the best solution at the moment.

Max

 




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