I
herewith attach summons for an EGM to be held on 4th February 2008 and a
letter from the President.
Lately
we have had problems with obstructed drains and I kindly ask that objects
of no kind are thrown in the WC. This can block the drainage from the
houses with the result that the sewage water overflows. Also at this time
of the year, the heat exchangers for the private swimming pools are in
operation and complaints are received regarding noise. I kindly ask that
you make sure that your equipment is in good working condition and that
measures are taken to reduce the inconvenience for your neighbours.
Member
of the European Association of Property Administrators.
Authorized
Agent of the Tax Agency
Comunidad
de Propietarios Faro Park fases 1 & 2
Playa
Blanca – Yaiza - Lanzarote
Dear Owner,
Following a resolution at the AGM the swimming pool was closed on 5th
November and a technical architect (aparejador) was hired with the assignment
to investigate and determine the cause of the water losses. His report was
received on 25th November and the conclusion of the report is that the bottom of
the pool is not water tight due to faulty construction. On 30th November 2007,
the lawyer hired by the Community, Mrs Beatriz Moya Torres, remitted to the
construction company and promoter a demand by registered fax with the purpose
of achieving an extrajudicial, amicable agreement, in that the company should
proceed to repair the defects discovered in the swimming pool as well as the
payment of an indemnity appropriate with the damages and losses that this
situation has generated and is still generating for the Community. Prior to this
date, the Community had sent to Club Lanzarote, S.A. two independent reports
by specialists in the matter, totally independent and unrelated with the
Community, in which the causes for the water leaks had been determined, both
reports coinciding with the findings and conclusions of the report of the
aforementioned technical architect.
Despite numerous attempts by our lawyer to contact Club Lanzarote, S.A. over
the last 4 weeks, we have still not had any reply to our written request; it has
not even been possible to agree to a meeting on the matter. We have only
received confirmation that the construction company and promoter never took
out the 10 years insurance policy to cover flaws or defects, as would have been
proper. In view of this situation, it has been decided to call an EGM of owners to
be held on 4th February 2008 to deal with this issue and to decide as soon as
possible on the actions that the Community members deem appropriate.
We consider that it is important that the swimming pool is in operation and not
left closed until possible litigation has been settled (taking into account the
prolonged duration of judicial proceedings). This is not only to guarantee the
enjoyment of the swimming pool for resident and non resident owners alike, but
also the fact that the swimming pool in its present state detracts from the value
of all properties of our Community. Several properties are for sale on our estate
and the prospect of selling these is grim should the pool remain closed.
The cost for the repairs has been estimated by professionals to amount to twenty
five thousand Euros (€ 25.000). If the EGM chooses to go ahead with the repairs
now, this cost must be covered by the Community initially until the compensation
has been obtained, either extra judicially and amicably or as a result of judicial
proceedings.
The EGM must decide, if this is the case, on the method of financing deemed
most appropriate; paying part of the cost by taking from the Reserves of the
Community and to agree on an extra payment for the difference or to apply for a
loan to pay the total cost.
The next item on the agenda is related to the sewage and the depuration of
residual waters of the Community. The sewage and depuration of the residual
waters from the properties that form part of the Community were carried out
until approximately July of 2005 by a sewage plant belonging to the Community.
However, during the summer of 2005, the said sewage plant was closed by Club
Lanzarote, S.A. and a pumping system was installed instead for pumping the
sewage to the recycling installations that belongs to Club Lanzarote, S.A. In
October 2006, Club Lanzarote S.A. introduced a surcharge of € 0.34 per m3 of
water purchased to pay for the recycling of the waste water. This surcharge
amounts to € 6.726.90 for the calendar year of 2007. The pumps that pump the
water from our estate to Club Lanzarote, S.A. failed in May of 2007. The repairs
of the pumps amount to approximately € 8.000, which has been covered by the
Community. In addition, the Community found it necessary to pay € 8.453 to an
external service provider for emptying the sewage from May to December 2007.
We do not consider, according to current law, that our Community must pay for
the maintenance and repairs of the pumping system and related installations
when at the same time payments are made for the depuration and drainage of
residual waters when the decision to close and leave out of operation the sewage
plant was unilaterally made by Club Lanzarote, S.A. We also consider that the
Community should receive a complete refund of the amounts paid to Club
Lanzarote, S.A. for the surcharge during the period when the pumps were not
working and the waste water was taken away in tankers.
With the Agenda you will find a proxy form. If you are unable to attend the
meeting, you can appoint any person of your choice to attend in your place. It
would have been desirable to include voting instructions on the proxy form;
however, the EGM may through its parliamentary debate redefine the proposals
to vote on; indeed an exhaustive debate that can lead to the best possible way
forward on the matters exposed is the objective of the meeting.
We hope all owners will be in attendance and that we can reach agreements that
represent the opinions of an as large as possible number of members of the
Community.
Playa Blanca, 16th January 2008.
Anne Head
President.
Dear owner:
By the President of the Community of Owners “FARO PARK PHASES 1&2”, Mrs Anne
Head, and according to Section 16 of the Horizontal Property Act, you are called to
attend an EXTRAORDINARY GENERAL MEETING OF OWNERS to take place at the
Natura Palace Hotel in Playa Blanca at 5.30 pm on Monday 4th February 2008.
I also inform you that in compliance with the rules of number 2 of section 16 of the
Horizontal Property Act, the Meeting will convene in the second call, if sufficient
quorum is not obtained to hold the meeting in the first call, half an hour later, at
6.00 pm, with the same Agenda and at the same place and date. At the EGM the
following questions will be considered:
A
G E
N D
A
1. Roll call, presentation of proxies.
2. Debate and approval, if appropriate, of the following questions and
measures to take related to the swimming pool of the Community.
a. Proposal to repair the swimming pool without further delay on the
account of the Community and subsequently claiming the expenses
for the repairs and all further applicable amounts from the
responsible person/s or entity/ies.
b. Proposal to keep the swimming pool closed and not repair it at the
moment, opting for initiating legal proceedings for the construction
faults that it suffers, as well as claiming for the damages and losses
that this has caused and is causing the Community, awaiting the
result of the legal proceedings before doing anything with the pool.
c. In both cases, to authorize the President for hiring the services of
lawyer and solicitor.
d. In the event that it is agreed to repair the swimming pool, to decide
on the system to chose to finance the expense that the repair
involves.
3. To debate and approve, if appropriate, regarding the following questions
related to the recycling of residual water of the Community:
a. To authorize the President to contract the legal services of a lawyer
to analyse if the following conducts were / are in agreement with
current law: taking away the sewage plant that the community had
been using; charging the supplement of 0.34 €/m3 for the recycling
of water, as well as who should assume the expenses for the repair
of the sewage plant and its installations and pumps, deciding,
consequently, the viability of a possible claim against the entity Club
Lanzarote, S.A. and / or before any other person, entity or
responsible organisation.
back
to
top