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Tuesday
18th August 2008
The meeting opened at 11:00hrs
Venue:
Conference Suite B, Hotel Sensol, Camposol
Those
Present:
Roy Pugh Chairman
Brian Tokely Vice Chairman
Mary Cooper Secretary/Treasurer
Raithnait Mullen Press Officer
Barry Cooper Committee Member
Ken Richardson Committee Member
Joyce Stewart Committee Member
Bernard Whitley Committee Member
Margaret Whitley Committee Member
Chairmans Opening Speech:
The Chairman opened the meeting at 11am saying he was pleasantly
surprised by the numbers attending and thanked everyone for their
show of support. He then introduced the members of the committee
to the assembly thanking the two newest members for offering their
services.
He said that the Agenda for this A.G.M. had been published in
the Courier and while the subject of Garrigues Report not shown
as an Item, he felt that all would be in favour if it were dealt
with first as it had been a long time in coming.
He first gave a short background for those who were unaware of
the history. He explained how the decision was taken some 17 months
ago to commission a ´Report on the Legal Situation of Camposol;
that Garrigues were contacted and Joaquín Ataz Ruiz had
agreed to take on the task of collecting the relevant Council
documents and producing a report; that Joaquín and his
then assistant had spent many mornings in the offices of Mazarrón
Council and transferred the content of some 2000 documents dating
back to 1992 on to disc for further study. After many delays the
Report was received a few days ago, 52 pages in Spanish, with
a full translation expected at the end of September, and a Synopsis
in English of some of the important issues. It was hoped that
Joaquín and/or Francesca would attend today athough both
are now officially on holiday.
He then went on to read the Synopsis to the assembly. In short,
it states:
From this Report we can make the following conclusions about the
legal situation of Camposol.
Reception by the Council will take place in phases as the urban
planning deadlines are reached.
Once those deadlines are reached, the Council will give the promoter
extra time to finish the work, and mend those technical faults
found in the constructions regarding the projects approved by
the Council.
Once this new deadline is reached, if the work still fails to
meet the standards that allow reception of the estate, then the
Council is allowed (and obliged - by its duty as guardian of the
general interest and legality) to demand payment of the bank guarantee
submitted by the promoter to ensure the project would be properly
finished, and will carry out the remaining activities to complete
the work according to the approved project (charging the expenses
to the guarantee).
This power becomes the Council's duty to the citizen, who ought
to ask the council to exercise its power in defence of the citizen's
rights, to assure the legality of the urban planning and its correspondence
with the reality of the constructed area.
At
this point Francesca Abellaneda, Joaquín's assistant joined
the meeting, and was introduced. Chairman said that at the last
meeting with Joaquín he, Joaquín, had said that
we might consider acting as the Spaniards would and make a protest
march on the Town Hall. (A suggestion which received loud cheers
of support from the floor).
The deadlines we speak of were passed long ago for Sector A, but
even for Sector BCDF (where deadlines have not yet been reached),
it would be possible to claim of the Council that it give the
citizens with particular interests protection (as it is legally
forced to) using the powers that the Law gives it for that purpose.
This is because just as it is true that the deadlines are not
yet over for Sector BCDF, it is also true that occupation of the
houses and establishments was not meant to have already happened.
This makes Sector BCDF's situation very particular, as brought
forward deadlines have not yet been reached for this Sector, however
the Council is materially forced to intervene to guarantee the
appropriate provision of services to those citizens who are at
present occupying the area (with the Council's permission).
In any case, one can easily see that Sector BCDF is not as it
was due to be on the approved plans,
which are now being modified.
It is a Council duty to guarantee the finished urbanisation is
as planned.
(Chair explained that the current modification referred to - made
at at the behest of the Sociedad de Agua, and explained to us
by Daniel Bascuñana of Masa - will if passed at Regional
and Local levels, mean that an open channel will be created around
the far perimeter of D to divert rainwater away from the houses
into an existing Rambla, and Masa will have to do, and pay for,
the work).
On the other hand, the conservation of Sector A is a duty which
falls to the owners on Sector A, (without detriment of any kind
to obligations that may be the promoters responsibility), due
to the contracts of sale signed between the promoter and the owners.
This is the task the Preserving Entity was established for on
the provisional reception of the sector by the Council some years
ago.
In any case it has not been proved that any kind of activity was
assumed by the Entity yet.
Also, with regard to the content of the Preservation Due, that
will be determined by the Approved Statutes of the established
Preservation Entity which will specify the particular scope assumed
by the Entity and the owners that compose it.
The situation is quite different for Sector BCDF. It is specific
in the planning instruments (which are binding in character) that
the promoter will assume the preservation of the sector until
reception by the Council takes place. At that time the owners
on Sector BCDF will join the Preservation Entity that has already
been established for Sector A and all owners will assume the Duty
of Preservation.
Chairman:
- It appears that the Homeowners Committee of Sector A do indeed
have an Entity registered, with a CIF number, but it appears that
all of Camposol, at some point, will have to be within this same
Entity. This being the case then the Statutes of that Entity,
which in the future will have an effect on all of us, should be
available for all to see, and when the time comes then the Entity
committee should be made up of members from all areas of Camposol
not only Sector A.
The synopsis ends with:
It is advisable that the owners consider undertaking legal actions
in the cases of unfulfilled contracts and responsibilities assumed
by the promoter (claiming the fulfilment of the sale contracts
on the courts) or by the Council (to demand it use its power to
control the promoter's activity) as an appropriate option, to
avoid more delays and damages.
As was brought forward, those legal actions could be undertaken
by the CRA, in its capacity as Resident's Association, though
it might be advisable to enclose some individual actions for particular
owners before the Civil Court. This point will have to be properly
studied.
END
Chairman said that no doubt there would be many present with concerns
that the Turistico issue had not been mentioned. He read out an
e-mail which had been received from a member, Mr. Lloyd Jones,
which said some owners on the Country Club development had also
had the same problem, but due to representations by the promoter
Huma to the Council, the properties have been re-classified. Chair
gave an assurance that once this information had been verified,
it will have set a precedent and the matter will be taken up with
Masa. If true then it would seem to confirm what Joaquín
has advised all along ie. that negociation can bring about change.
Mr. Jones was at the meeting and confirmed that he knew one of
the owners affected and that the facts were true.
From
the floor a question was asked about when the deadlines mentioned
in the Report would be reached and did this mean there would be
no Certificates of Habitation until then.
Francesca said that 2013 is the current extended deadline for
completion of Sector BCDF as will be seen in the main Report.
Certificates should not be issued until reception by the Council,
but equally so the houses should not be occupied.
The
meeting then returned to the Agenda.
Item 1) A Review of the last year.
Chair said that a review had been published in the Courier already
this year and there was little to add to it other than the Report
which had already been covered. Copies of that review were available
today for those who wanted one.
He assured that we will continue to press on the Turistico issue
and the missing Abril 28 and pool licences, adding that if work
done on a property has stood without official problems for four
years it appears that it is politic not to chase up a licence
with the Town hall as this might generate an inspection and fine.
Licences for Masa built pools are slowly coming through the system
and can be seen in Masa's office.
Over the last year Chair reported that we have taken 52 complaints
by residents to the attention of Masa, all of which had to be
brought up more than once before they were acted on, and had varying
degrees of success with some still ongoing . He emphasised the
frustration he feels, as having to go over the same ground repeatedly
prevents progress on other matters.
Item
2) Financial Report
Mary Cooper gave a brief report on the state of the finances,
and a copy will be in the Courier and at the Business Centre.
Item 3) Membership Register
Chair reported: at 17.07.08 there were 1832 on the register, with
a further 28 signed on at today's meeting.
Questions
and Comments.
Chair told the assembly that he had received prior to the meeting,
3 identical written Proposals all with seconders, and asked that
one of the Proposers step up and put the Proposal to the assembly
on behalf of the rest.
Proposal:
That Brian Tokeley be removed from the Committee of the CRA, forthwith.
Proposed: A. Connolly Seconded: M.Connolly
As reason (in short, as all 3 declined to put their reasons in
writing prior) Mr. Connolly said that Brian Tokely's affiliation
to the PP party in Mazarrón is a detrimental influence
on his input to the CRA. Furthermore, Brian should not have one
to one meetings with Cllr. Galvez, the committee should meet with
the Mayor and the Council.
In reply Brian said that he had never made any secret of his political
affiliations, gave his background in English local politics, and
said that his meetings with Cllr. Galvez were clearly at the request
of the Committee as they are minuted and published. He gives freely
of his time and energy to the committee, rarely misses a meeting
and feels his input is useful.
Chair asked for a show of hands. Of the approximately 200 present:
Those in favour of the Proposal : 17
Those against : the majority.
Not Carried
Chair then asked was Irache Merino in the room. She was, and he
asked her had she resigned from the committee.
Irache addressed the meeting saying she had been occupied this
year with work and personal commitments,that she still had another
court case pending, did not want to resign and would attend when
her commitments allowed.
Chair said, Irache has not attended a meeting this year, didn't
attend the AGM last year, has made no input whatsoever to any
of the activities of the CRA, and made no contact with anyone
to explain her failures to attend. Also she had included in her
published resignation from Parema, an unfounded personal attack
on on the conduct of himself and the Vice Chairman of the CRA
during the last Local Elections.
A directive came from the floor that this should not be dealt
with at the AGM but settled elsewhere, and the meeting should
move on.
Chairman agreed.
Questions came from the floor about streetlighting and the closing
down of businesses on the commercial centre. To which Chair replied
that lighting is on almost every Agenda with Masa and we can only
relay the information given, and the onus is surely on any business
to ensure its own legallity before it opens its doors. The loss
of these businesses is another inconvenience to us all but it
is not within the remit of the CRA committee.
A
positive suggestion was made from the floor that we consider having
poligono representatives as before, who could keep the committee
informed of poligono problems, with the offer to rep his own poligono
if asked.
Chairman's Closing Statement
"The aim of the CRA is in its Statement of Intent, which
is to get the things we were promised when we bought, and the
services to which we are entitled as our citizens rights. The
small part of the Lawyers Report we have has given a wake up call
about the future. What else will follow? The way forward to get
unfulfilled promises honoured is in your hands. A committee cannot
move forward without the support of its members. We need more
people to offer their services on the committee, and we need practical
support. For most of this year the committee has had to function
by the efforts of five people. The social programme to raise funds
had to be closed down through lack of support. We advertised in
the Courier over three months for committee members before our
two most recent volunteers came forward.
I, as Chairman, need to know there are willing people in reserve
and I am appealing personally for your support, because without
it I shall have to withdraw mine. We cannot go on as we have been.
On behalf of the committee I thank you all again for your interest
today".
The A.G.M. closed at 12.50 pm.
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