Further to the subject of additional levies being forced onto unit owners. The following is an extract of the minutes from various years:
2002 AGM
Sr. Ramiro Mat? from Miradores 280 informed to all about the problem he has in his property caused by water ingress.
The President said that the water problem is a matter that is affecting a lot of the owners in the community and as a community it is necessary to identify where the problems come from but the community can not be responsible for repairing all the problems.
The President suggested to investigate each water problem in particular and to inform the people involved about the solution in case of the owners and if it is a community problem, the community will pay for the work
2003 AGM
PRESIDENT?S REPORT
The president started by saying that his main duty has been to repair the water problems. The community would pay for the reports and the owners for the work.
He has found a lot of problems, mainly due to the lack of maintenance and this has caused that the water runs inside the infrastructure.
2004 AGM
The President introduced Sr. Antonio Arce from EUROPATOLOGIAS. This company came highly recommended by the College of Architecture in Murcia, and who were engaged by the President and Administrator to study and report on the structure and condition of Los Miradores.
They have found that the main sources of water infiltration are from:
1) Terraces which have been renewed or modified
2) Facades of apartments which have been modified or windows/doors replaced
3) Re-siting of drainage on terraces without regard for the original design
4) Waterproof membranes installed during modifications which are not strong enough
5) Waterproof membranes with insufficient return on walls/door sills or indeed no return at all
Sr. Arce also pointed out that some owners have had a new terrace on top of an existing one and that the additional weight is reducing the safety co-efficient of the terrace and placing an undue load on the steel reinforced concrete pillars on which the community is constructed.
The Administrator clarified that repairs and maintenance of terraces are up to individual owners.
2005 AGM
The President explained that the Community as a whole needed to realise that a water ingress problem exists and that all owners needed to understand that everyone is or will be affected in one way or another.
He explained that there would be two possible ways of facing the necessary works. One would be to carry on with the works affecting the basements as a Community and make the owners causing problems to do the repairs in their properties.
One unit owner said that the sharing of the costs will be for sure a source of serious conflicts.
Several owners expressed their concerns about trusting individual owners to arrange their repairs.
The President explained that if the works were done as a Community and paid as a whole with recharge to owners where applicable, the Community would then have rights above the works done and could keep checking the maintenance of the works for the future.
In order to gauge the opinion of the owners present, the following was put to the vote:
1.- Do we accept the findings of Europatologias S.L?
Voted yes unanimously
2.- Do we initiate action now?
Voted yes unanimously
3.- Do we undertake the project as a Community?
The majority of owners present voted in favour.
It was confirmed that all shared Community cost are recharge by coefficient.
Mr Latimer, a unit owner, said that it would be very advisable to call an EGM with all details and clear items to be voted as it did not appear to be fair to put something so important to the vote without the knowledge of absolutely all the owners.
This suggestion was welcomed for the majority of the owners present, the President and the administrator. It was then decided that a EGM will be called as soon as possible in order to legalise this decision and give a chance to every owner to vote.
An EGM did not take place and therefore every owner did not get a chance to vote.
2006 AGM
The President said that we have now specified all materials and components for the repairs at substantial savings compared to the original estimations.
All that remains now is for you to decide how we will finance the rectification program and when to do it.
Once he finished the report, he presented a table with the possible financial schedule to the room.
It was said that last year it was already decided that the cost will be covered as a Community and all owners will cooperate by coefficient.
Firstly, I do not agree that the community decided that all owners would bear the costs - what do you think?
Secondly, I believe that the President failed in his duty to hold an EGM as voted for in 2005 - what do you think?
Thirdly, do you think that the resolution to make each owner pay was contrary to the law or to the community statutes?
Lastly, do you think that the resolution is seriously detrimental to me and that I do not have the legal obligation to sustain
such detriment?
Thank you for your assistance.
