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08 Nov 2009 11:47 AM by max! Star rating in Fuengirola. 944 forum posts Send private message

max!´s avatar

Hi David,  

 
 
Thank you for attempting to explain it, but I have read the minutes of the last AGM and there is no explicit provision that the committee will be in charge longer than a year. Furthermore on the last EGM we adopted new rules stating a committee can´t sit longer than a year. According to all case law the last decision of the community of owners is always the most current. It would also be against the general law if a committee extends its own period.
I have been advised by a befriended lawyer that every penny the committee now spends is a personal expense and can be reclaimed through court.
 
I hope this information helps you. It would be a shame if committee members have to pay Paco out of their own pockets. Legally and according to the rules this committee proposed you´re no longer vice president. It´s something I have warned the committee when I saw the first draft of the rules but collectively you ignored the problem.
 
Max.
 



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08 Nov 2009 12:58 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Says a man that  does not accept the community rules only if he can use it against the community board for his own pleasure

Your information is incorrect  it is not worth to discuss it and I will report this to the admin.

Best regards

Rene



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08 Nov 2009 2:51 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 I completely accept all rules set forward by the community in a legal way. I´m free to vote against them, but I will always respect legally sound majority rules.

Whining at the admin is not what I expect from an ex-committee member. I don´t think this is the best way to get re-elected in February. Furthermore there is no pleasure in stating that the committee served it´s time. It´s something the committee proposed themselves and like I said I warned them when I saw the first draft of the rules. The judge will rule on all activitivties undertaken by the ex-committee. I can only warn against the legal implications if payments are made or contracts are signed after the one year period we recently voted for.
 
Max.



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08 Nov 2009 5:08 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 ARTICLE 23. DURATION, CEASING, RELUCTANCE AND PAYMENT OF MEMBERS

 

a.The charge of the Board of Directors will have a duration of one year, starting when elected, and can be re-elected. 




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08 Nov 2009 7:22 PM by Jenx Star rating. 121 forum posts Send private message

Pardon me - is it electioneering time already? There is at least one candidate then?




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08 Nov 2009 10:39 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

As everybody can see its the behaviour from a sick personality that mixes up facts and fiction and fights a personal war like Don Qijote against the windmills.

From now on I will ignore every writing of this fake 007 and I hope many will follow.

Its not worth even to comment on lies and false interpretations of this individual.

There are 5 people that volunteer to do their best to run the community in their free time and at their own expenses and more important without any personal interest.

Its sad to see that this individual is looking all the time for an opportunity to kick against the community board.

It takes a lot of negative energy that we could have used for important issues to solve.

Max I hope you will stop this rediculous acts of yours because with your last post was the limit for me.

Best regards,

Rene



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09 Nov 2009 10:25 AM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi Jenx,

Yes it´s time to step forward if you want to be elected. We are without committee and without president so we have a major vacancy. It has to be full filled on short notice with an ultimate deadline at the second week of February 2010 when the AGM is planned.

Max.




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09 Nov 2009 10:30 AM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Rene,

Your post does not meet the professional standards of EOS. Neither does it meet my personal standard. Like I stated before react on the content and don´t address the poster. You spent 152 words insulting me personally without addressing the legal issues which I raised.

Max.




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09 Nov 2009 12:46 PM by Jenx Star rating. 121 forum posts Send private message

Max, if you have misinterpreted my previous post, then I must presume it was deliberate.

Currently you are the only who is of the view that we do not have a functioning committee - no one else has forward to support you on this publicly. You are not the only one with an interest - each and every owner has a vested interest which they need to protect but no one adopts your tactics. Anyway, my understanding is that, in general under common law changes cannot be made retrospective - so as the rules of the EGM were approved post November 2008,  they could not be applied to the election of the current committee (unless you can personally turn the clock back!) On this basis, the committee will only need to stand down at the next AGM.  May be you can do us all a favour and check this with your 'lawyer friend' again?

I think your destructive behaviour must be having a very negative effect on the whole community. Many people read EOS but not many people will write in response - so you then believe you are always in the right.

You ask me to be polite but you are making it quite impossible for me as well for others to extend you this courtesy by your own attitude. You are trying to control everything and nothing with your flimsy endeavours - what is your motive in all this?

Equally, if any post contravenes the EOS rules, then let EOS deals with it .  


 



This message was last edited by Jenx on 09/11/2009.


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10 Nov 2009 1:36 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi jenx,

I checked it with my friend who is also the author of the book subtitled ´horizontal property act 49/190: text, cases and materials´ and your opinion about the retrospective nature of decisions doesn´t hold up. Furthermore we never decided that the committee could sit longer than a year. Everything which is not in the minutes didn´t happen as far the judge concerns. So your and David´s opinion are wrong unless I got different minutes than the official one.

The reason so many people are afraid of posting on EOS is that they don´t wan´t to discuss in such a violent climate where abuse is the default. I can´t help that but rest assured I would like to change it. It´s a bad thing that our main communication means are compromised. I have contributed to this forum from the day I discoverd: far before I was even elected as vice-president and have always tried to make it the place where people could exchange information and views.

Max.




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10 Nov 2009 5:57 PM by davmunster Star rating in Carvajal\Belfast. 843 forum posts Send private message

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A few days a go I was contacted through this site by an investor. He was obviously doing his research and was concerned about the Community. He was surprised to hear that our finances were sound and that we were fully functional.

People who own property in Don Juan know the posters and are able to form their own judgement but this site is read by a lot of other people. You don’t even have to join EOS to read it. If I was trying to sell my apartment, or even rent it out, I would be tearing my hair out at the damage being done

 



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David




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10 Nov 2009 7:03 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi David,

 
Did you give financial details to this ´investor´? As you are aware they became secret on instruction of our former president Pepe. How did he get access to them?
 
As a professional in rentals and sales in Don Juan I can assure you that it either doesn´t interest prospective buyers/renters or they are happy with the openness so they know what they are buying into. As I make my money in this activity I can assure you both statements are true. I would never damage my clients interests. In effect we didn´t have enough apartments last summer to fullfill the demands.
 
Could you explain to me how you were able as an ex-committee member to pass on financial information to an investor while this information is withheld from the owners? You violated what is now confidential information much to my disappointment.
 
Max.



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10 Nov 2009 7:39 PM by kirjim2 Star rating. 23 forum posts Send private message

Max, you must be reading a different post to the one I have just read.  It is one thing to say to someone everything is sound or good it is a different thing altogether to give detailed information.  I do not normally post on eyeonespain but this bad feeling is affecting the whole of the community.

 




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10 Nov 2009 9:28 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi Kirjim,

I can´t imagine an investor writing to a member of this forum without any recommendation. I furthermore can´t imagine that an ínvestor would be satisfied by a random poster stating that everything was sound so I assumed David made clear he was the former vice-president and presented detailed figures. If I´m wrong I am worried about this so called investor who believes in fairy-tales instead of requiring solid information.

We get contacted a lot by prospective buyers and we always try to inform them as good as we can. So far I have never met one who would take my word that ´there is nothing wrong and the financials are solid´. They all want more than a general recommendation and rightly so. So that´s why I assumed David provided privileged information.

I hope you will post more as this forum lacks input and every opinion is welcome.

Max.




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10 Nov 2009 9:51 PM by davmunster Star rating in Carvajal\Belfast. 843 forum posts Send private message

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Are the windmills winning Max?



_______________________

David




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11 Nov 2009 12:23 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi David,

I´am afraid you are illitarate. Cervantes wrote a book about a tall and slender person. Unfortunately I maybe tall but certainly not slender. I´m more like Sancho Panza. He was fat, didn´t support his boss in idealistic missions, but was realistic in his ambitions. Read the book as it one of the best modern literature produced.

On a more serious note you are now a ex-vicepresident just like me. I hope you will support me in my endeavour to get this forum back as an informative source about the Don Juan proceedings. I know from first hand that this was your primary objecitve so I hope you will backtrack on your negative posts.

Max

 



This message was last edited by max! on 11/11/2009.


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11 Nov 2009 7:30 PM by otterandy Star rating in Dubai - Carvajal. 260 forum posts Send private message

Hi Max, or should I say "beam me up Scotty!" BTW this is what captain Kirk used to say when he was out and about visiting other planets...... I assume you Dutch men also watch "StarTrek"....  :-) . Anyway, I have to say that I think most of the posters/readers on here are now completely bored with all of this, if you have any personal issues with the committee then please keep it off EOS. If you count the number of posts on this page it is 20 and 11 are from you, no one in the remaining 9 is agreeing with you.... Its time to bring this to an end and come clean as to what your objectives are, if you are running for president or VP then just get if off your chest and announce it, if you are just bored and write these posts to keep yourself occupied then I would suggest  doing something else like painting, gardening or DIY etc...

Come on Max, lets get this forum back to normal, make your peace with everyone and lets move on.

Your friend Andy

 




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11 Nov 2009 10:07 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi Andy,

I always hated Star Trek, but unfortunately my wife is a Trekky. I think she even has a set of gimmick ears belonging to a guy I don´t know.
 
That I don´t have a lot of support on this forum is known to me. Most sensibible people are no longer willing to post here: that doesn´t mean they don´t agree with my views. They consider this a violent and nasty environment and don´t want to be part of it. Furthermose the Spanish owners who tried to post here were told it was not allowed to do so in Spanish. I still don´t know why as about fifty percent of the owners are Spanish and this development happens to be in Spain, but is was not my decision or view at that time.
 
I´m taking this very seriously as we are talking about around 15.000 Euros on extra expensens without consent by the community of owners. I happen to have an appartment with a high quotum so I paid around twice as much as the average owners on expenses I never agreed to nor did someone else. I resigned from the committee because I had a lack of time (no gardening for me :)) and because I fully trusted my succesors. I´m disappointed and I find it important that we find a new committee who are committed to our community. Out of the 208 owners I have spoken with about 180 of them so I have a pretty good feeling about the current climate. That people are not willing or rather are afraid to vent their opinion on EOS is known to me and I try to do everything to change that. That´s why you see so many posts by me.
 
Max.



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11 Nov 2009 10:33 PM by Rene35 Star rating in Holland. 87 forum posts Send private message

Says a man that had less than a hand full of proxy votes in the last EGM

The figures you state are really from startrek the next after the coming generation Max.

I would love to beam someone to a safe place far away in the universe where this person cannot harm a beautifull community.

 

 



_______________________
Best Regards, René


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11 Nov 2009 10:43 PM by max! Star rating in Fuengirola. 944 forum posts Send private message

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 Hi Rene,

I try to avoid getting proxies as I don´t believe they are proper democratic means when there is no agenda with full details sent out in advance,.

So the proxies i carry are unsollicited. As you will remember I got almost sixty votes for the EGM and and that was done in a very short time. It would be easy to increase that number, but I don´t believe in proxy voting unless the convocation to the meeting is clear and detailed. As you will remember last meeting the actual texts to be decided upon were handed out at the meeting. No proxy voter could have an opinion in advance so thats why I object to using them.

Max.

BTW: Your references to Star trek are beyond my knowledge. 




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Previous Threads

The August 2009 EGM - 75 posts
Hospitals - 6 posts
The Community Matters! Thread has been Removed (temp) - 0 posts
Recommendations - 39 posts
The spring 2009 EGM - 160 posts
The coming out topic for people who are opposed to the EGM - 3 posts
Erosion - 0 posts
re don juan fase111 - 0 posts
Don Juan II community - 69 posts
New? Intruduce yourself here - 5 posts
Request for extraordinary meeting - 236 posts
Sell apartment in Don Juan Fase 2. 1 room. same price i bought 2 years ago. - 0 posts
Wealth Tax / Income Tax for Spanish Non-Residents - 17 posts
Distressed Furniture Package for sale Was 11.000€ now 7.500€ - 2 posts
Perlas email address - 1 posts
wi fi - 83 posts
What it's like to be Vice President - 15 posts
community set up fees or court costs? - 9 posts
Message from Pepe David Javier and Ana - 0 posts
Proxies & worries - 0 posts
AGM 2008 (november 8th) - 71 posts
Exchange Rate in Mojacar - 96 posts
renting a space in a hotel - 34 posts
Test Drive Living in Almeria - House Sitting Opportunity - 11 posts
Bad Debtors - 15 posts

218 posts were found:


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