AGM MINUTES Oct 2008

Minutes of the Annual General Meeting 2008 of the Community of

Time: Wednesday, 1st October 2008 at 17:00 – first call

Venue: Hotel Natura Palace in Playa Blanca, Yaíza, Lanzarote

At 17:20 the President, Mrs Anne Head, called the Annual General Meeting to order in the first call, pursuant to notifications of 5th September 2008 with the following:

1. Registration of participants, presentation of proxies.

2. The President's Report.

3. Examination and approval, if appropriate, of the annual accounts for the year 2007/2008.

4. To update and agree on the list of debtors and to adopt resolutions for taking legal steps for the recovery of outstanding amounts, giving the necessary instructions and authorisations to the President. An updated list of debtors will be presented at the meeting.

5. Proposals from the Board:

a. To amend the second paragraph of section 24 of the bye laws to read as follows; "The meeting elects a President, who represents the community in legal matters and additionally in all the matters which affect it. Additionally it elects a Secretary-Administrator, one or more Vice-presidents and an Auditor. (Unanimous)

b. To erect a fence and install gates around the swimming pool so as to increase security, in particular for children. The cost of this depends on the quality and height of the fence and will be approximately €12.000. (Simple majority)

c. To tidy up, add some plants and install a watering system in the unfinished area between phases 1 and 2 to the same standard as around the swimming pool. Various quotes have been received, from €4.500 to €7.500 (Simple majority)

d. To delete the current Internal Rules and to adopt the new set of Rules presented by the Board. (Simple majority)

e. To install individual letterboxes as on the other phases of Faro Park. Cost per property approximately €85.

 

6. Proposals from owners:

a. From Mr. Sam Magee (58):

i. That any Board members or officers of the community who have access to personal details of their fellow owners use this information with discretion while they are in office. On retiring from office, use of this classified information is in violation of the Data Protection Act. (Simple majority)

ii. That out of pocket expenses incurred by Board members be capped at an agreed figure for each yearly term of appointment. (Simple majority)

b. From Mr. Tony Matthews (85): That I be reimbursed €581.04 in telephone expenses for the three years that I was President. (Simple majority)

7. Proposal for the yearly budget and stipulation of annual fees.

 

 

8. Elections:

a. President

b. Vice-President

c. Vice-President Treasurer

d. Secretary – Administrator

e. Auditor

9. Any other business

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The President, Mrs Anne Head, the Vice-president, Mr. Sam Magee, and the Secretary/Administrator, Mr Jon W. Olsen, were all present.

There were thus 22 owners present and 37 proxies had been given, so that a total of 59 owners were present or represented, making a total of 61.75 %, this being sufficient to hold the general meeting in the First Call at 17:00.

The President, Mrs Anne Head, opened the meeting by stating that, contrary to reports circulated by her Vice President, she has never wished to stand down due to her husband’s ill health. His recovery is now complete and Mrs Head confirmed that she is able to offer her services as President for the coming term.

She continued by saying that if you are President or Vice President you should be impartial on all matters and not denounce one owner for illegal building and let off another owner who you are friends with.

Thanks were given to the Board members and those who supported her during the last year. It was a difficult year, with two Extraordinary General Meetings, but improvements were made to the fresh water supply, swimming pool, sewage disposal system and street lights.

The maintenance company are now looking after all aspects of the complex, including the swimming pool.

We now have four new pumps for the waste disposal, one of which is a spare, and are in the process of purchasing a winch to enable our maintenance people to lift and clean the pumps on a regular basis. Owners are kindly asked not to throw any objects, plastic bags etc in the toilets as they damage the pumps and can obstruct the pipes.

Illegal building works at houses 31, 82 and 97 have all been denounced to Yaiza Council and these matters have been placed in the hands of our lawyer.

She closed by advising that the new bus service is now in operation, and thanked her Vice President and the Administrator for their assistance and support whenever required.

Concerning building matters, Sam Magee (58) asked the meeting to please refer to Section 7 of the Horizontal Property Act.

An amount of €5.018 had been received from Club Lanzarote as a refund against the recycling charge. Extra income of €8.160 had been received from owners in respect of the pool repair costs.

Various water losses during the year resulted in a cost of €7.857. Monthly water controls are maintained but with no community plans, detecting the location of the leaks has required substantial digging. Domestic waste water expenses were high due to raw sewage running down in the streets on several occasions resulting in the cost of numerous tankers to facilitate disposal of the waste.

A complete overhaul of the street lights has been undertaken over the year, particularly on Phase 2. Administration and translation fees were higher than budget because of the work involved in holding two EGMs.

The previous Reserves of €14.523 have been spent, and the year ended with deficit capital of €2.839. It was noted that Club Lanzarote has allowed the community additional time to pay their water invoices.

The “back water” amounts owing to Club Lanzarote originally totalling some €96K have now been recovered with the exception of house no.82 which we are still pursuing, together with their community debt. Some older amounts involving Club Lanzarote have been referred back to them.

The high cost of translations was queried. The Administrator replied that all papers should be in Spanish, but because the majority of owners are English, and with a small German contingent, all communications are made in three languages as it is important that people should understand what is going on.

The Financial Statements for the year 2007/08 were approved unanimously by the meeting.

It was agreed by the meeting that statutory interest of 20% per annum should be charged to the following outstanding debts:

It was unanimously agreed to take legal action against these debtors. Distribution of the minutes will serve as notice to these debtors and a lawyer will be instructed to commence recovery proceedings immediately, the costs of which will be borne by the community. If the debtor makes opposition to the claim in court, the community has the right to register the debt as an embargo on the property in question.

Owners were advised that when Club Lanzarote undertakes the individual invoicing for water consumption, they will be able to disconnect the water at properties where payment has not been received.

The President then read out a short statement from Clive & Olga Green (3) in which they asked that the existing Board should continue to work together for the good of the community.