23 Aug 2010 10:01 PM:

Dear All,

These messages have been put up because some of us owners have been privately discussing the situation between ourselves and we felt that you should all be informed. We have considerable concerns for what is going on, and for conversations that we have tried to have with the Administrators. Your proxy, via whom ever you decide to use, is much needed please, and any opinions either way would greatly be appreciated, to try to get some understanding of what is happening and how people feel about their voting rights.

Cheers

Brian and Anne

 

 

Community thread: AGM Meeting - Proxy needed please

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23 Aug 2010 2:23 PM:

 Statutes

Statutes May Or May Not Exist

Statutes are there to amplify the law, but must never contradict it.

To make new statutes or to change existing ones, you need a unanimous decision among all owners.
The Horizontal property law is enhanced by communities setting their own statutes.

Statute 10 para 2 states that 'the meeting will always be held during the first quarter of the year, once the financial year has concluded'.

Our financial year has been set between 1st oct 2009 to 30th sept 2010

This is a change in the requirements of Verandas statutes.

It is not good enough just to be in accord with the Horizontal Property Law, if these Statutes exist.

Community thread: AGM Meeting - Proxy needed please

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22 Aug 2010 5:02 PM:

Dear All

I am prepared to take proxy votes on the basis that the owner agrees with the following issues that I will be raising.

1. The validity of the meeting re Statute article 10 (last AGM set financial year to end 30.9.10) and the implications of the precedent that this sets for the value of all other community rules.
2. Immediate action to be taken against debtors.
3. Pool- daily cleaning during season, as it is not cleaned and treated between Saturday and Tuesday at present. The tiles are going green.
         Issue of surround surface as the paint that is being used to  patch and cover up the bare patches is inadequate and is being applied onto an already inappropriate surface. Slimy black mould is growing and contaminating the pool.
4. Dogs on site unsupervised and defecating on the grass areas.
5. Concierge / caretaker / pool attendant - what is his role, is he needed, hours?
6. 26,000 euros for the gardeners, to attend once a week?

I am also happy to raise any other issue that is suggested.

Brian

Community thread: AGM Meeting - Proxy needed please

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22 Aug 2010 2:26 PM:

HI All,

Are there any legal implications to this?

when anyone does not agree with the voted decisions, for example it has implications for their property or is unfair to them in some way,  they have 30 days to take legal action. If this meeting is proved to be contrary to the statutes, then can the decisions be upheld in court?

Although debtors have no voting rights, will the fact that the change in time of the meeting hasn't been voted for, and is contrary to the statutes, mean that they will have a case in court?

Anyone know?

Community thread: AGM Meeting - Proxy needed please

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20 Aug 2010 4:25 PM:

Dear All,

This AGM has been called contrary to the community statutes.

Article 10. para 2 states 'The meeting will always be held during the first quarter of the year, once the financial year has been concluded'

Our financial year runs from 1st Oct 2009 to 30th sept 2010 and therefore the meeting should be held after 1st Oct 2010. In order to facilitate this earlier date the financial year, which was agreed at the last AGM, has been altered.This is all without any vote or consultation of the owners, which should be required. This is then likely to be the time of year for subsequent years, so does not just affect this AGM.

To attend the meeting in Aug is fine if you happen to be holidaying at that time (we are here) however should you just want to attend now or in the future,especially if there is an issue that you are passionate about,  flights will be at a premium and car hire almost non existent.

This needs to be voted on. If you are happy with the situation, thats ok ,but if you have concerns please make your feelings known to the president or Administrator A.S.A.P

Apparently the president is also unable to attend.

Community thread: AGM Meeting - Proxy needed please

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