© 2006-2009
vine website designLast modified November 2009
Our building community insurance includes a financial excess clause which comes into effect when a claim is made for damages caused by extreme weather conditions. These environment conditions cover such situations as gale force winds, natural flooding disasters, earthquakes and those which would be termed as natural disasters by the Spanish Government.
Under the excess clause within our building insurance, when certain weather conditions have existed and damage has been caused, any claim for repairs and subsequent payment is subsidized by the Spanish government, and an excess payment is required to be paid with the amount depending upon the final repair total.
As a community, we will not fund this excess payment from the community accounts; it must be payable, divided equally, by those residents making the claim on the community insurance.
Residents making the claim will be made aware of the insurance excess amount that is due, and will be required to make the payment within 30 days of the excess notification into the community current bank account.
When presenting payment to the BBVA bank in Rojales, make sure ‘Insurance excess payment’ is noted on your receipt so that our Administrator is aware of your payment. A failure to pay the amount within this indicated period will result in legal advice being taken, reference future entitlement to community building insurance cover.
The excess clause does not apply to normal insurance claims as contained within the policy. The President will be informed in future of all claims made on the community buildings policy to ensure prompt action and entitlement. Remember, if you have made further habitation by an underbuild or extension and it is not a legal build then there is no entitlement to an insurance claim for them.
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This is a summary of the discussions and decisions made at the AGM 2007. Please read your official copy of the minutes for the full details.
The President opened the meeting and welcomed everybody to the 5th AGM of Marquesa VII and thanked those present for making the time to attend. Reference was made to the news letter sent out earlier indicating the residents important voting requirements at this AGM, and requested that item 9 of the agenda be brought forward as the first issue to be voted on. A brief explanation of events was given regarding the closing of the office of Comunidades Gabinmer at the end of September 2007.
The President briefly outlined the options currently available and introduced EL representing Assesoría Gabinmer. Residents were asked to consider a vote for Assesoría Gabinmer to be the new Administration for the Community, “Why re-invent the wheel when it is turning smoothly?”
Two questions were asked prior to the vote.
Both were answered by EL.
Residents accepted both answers.
The President reminded residents that if upon voting it were decided not to accept the office of Assesoría Gabinmer and one of the other options was chosen, then the present AGM would have to be cancelled. An extraordinary meeting would then have to be called at a later date due to the non-legality of the meeting without an Administrator.
A unanimous vote from those present was made to accept the Administration of Assesoría Gabinmer
The office of the new administrator remains with the same address and telephone number and e-mail address. Office opening hours are from 08:30–13:30hrs Monday–Friday. You are not required to do anything regarding bank details, addresses etc. as all the legal aspects of the Community will remain active with the new administrator.
The President indicated that he was willing to continue as President, as long as the Community accepted and agreed what the role of the President is as mentioned in the the recent newsletter. Those present accepted and voted unanimously for the President to continue another term of office.
The President then invited volunteers for the committee positions with the following persons volunteering and accepted:-
It was proposed and AGREED UNANIMOUSLY not to read the minutes from the last AGM but to take them as read and as a true reflection of the AGM from last year, 2005-2006.
The President offered the Community the results of the audit as carried out by Ton Beltzer and Paul De Vinster. All invoices were available and checked and verified and the accounts are correct. The President and the Community thanked both residents for carrying out the task.
The President explained the difference of 205.54€. During the strong gales of March this year a number of houses made a claim on the building insurance for the repair of roof tiles. A builder was given the task and was initially given the go ahead from the insurance assessor for a total of 1740€. There was then a change of insurance assessors who failed to agree initially with the outgoing assessor. During this time the builder finished repairing the damage and we, the Community as directed by Comunidades Gabinmer, paid from our account a cheque for 1740€. To balance our account at a later date we would then receive a cheque from the insurance company to the value claimed 1740€, therefore reimbursing the Community. Unfortunately a deduction of 205.54€ was made on receipt of the insurance cheque for brokerage fees. In future we will make certain all claims are made direct to the insurance company and not via our Community accounts.
The spending for the financial year 2006-2007 was within budget.
The accounts were approved and the result will be added to the voluntary reserve fund. It was all AGREED UNANIMOUSLY.
The Secretary explained that Plots 331 and 359 have a court case to answer in December 2007 for failure to pay Community fees. These two plots now have three options available to them:-
In accordance with the voting of the Community at a previous AGM, all those owners who have failed to pay Community fees will incur a 20% surcharge. This can be avoided by paying the outstanding amount within a thirty day period from the date of this AGM. The President requested that these outstanding debts be cleared as soon as possible to avoid legal action being taken. This is in fairness to those who pay on time and by those paying by direct debit.
There are no exclusions for not paying Community fees. You live on a Community, you enjoy or take advantage of the facilities, and you are obliged to pay the indicated Community fees.
The Secretary proposed to authorise the current or future President, to proceed with the collection by court action for all debtors who have not paid his/her arrears within a period of 15 days according to the Horizontal Property Law. The reason is to give the President the authority in law to defend the Community against those owners who may not fulfil their contributions (including all charges). These powers are administrative as well as judicial. Therefore, when necessary the President can instruct solicitors and lawyers who he/she considers suitable for the purpose, without the need to summon the General Meeting. It was voted upon and AGREED UNANIMOUSLY.
List of proposals as per Agenda. Having given the meeting time to read the build proposals, the President asked for an acceptance of a block vote for the proposed build requests rather than going through them individually. All the alterations were voted upon and AGREED UNANIMOUSLY.
Individual residents through the year have requested that a variation on Spain’s Community building requirements (Article 7 of the Horizontal Property Law) be given a more relaxed consideration. The President indicated that the Community could not endorse any other way apart from the legal way. To vote or accept an alternative would be illegal and would leave the Community open to court action by an aggrieved resident. Adhering to the correct procedure ensures legality and protects individuals.
In the AGM of 2005 the correct procedure was indicated and is as follows:-
This is the legal way and the only acceptable way.
Discussions took place regarding the late inclusion of proposals. All owners are reminded that it is a legal requirement that any proposal must be included in the Agenda for the AGM otherwise it can not be voted on. Please ensure your proposals are notified in writing or email to the President before the Agenda closing date.
Remember to notify the Administrator of any changes to your home or email address to ensure you receive all Community correspondence. Email is the cheapest method for the Community but you can choose to receive correspondence by post if you wish. The secretary stated that if a mail delivery failure from a sent email is received, then correspondence would be automatically sent via registered post to your postal address.
PO spoke to the meeting and explained his reasons behind this request which is as stated. A number of residents discussed the issue and its correct to say that this topic is raised every AGM. Six beds was the proposal at an approximate cost 600€. Residents can take their own sunbeds/chairs to the pool during the summer and leave/lock them there if that is the wish. Previous discussions highlighted the problem of space available around the pool and possible health and safety issues. Who would be responsible for them? Would they constitute a hazard? During the summer months residents take to the pool for a short swim to cool down in difference to families/renters who take to the pool area to spend the day. The Community did not see the value of purchasing equipment primarily to satisfy guests. It was voted upon and REJECTED BY MAJORITY.
DR highlighted the problem to the meeting. The elements, wind rain and sun, are slowly but surely taking its toll of the embankment which supports the swimming pool foundations. Recent months have seen further erosion undermining the foundations.
The president indicated that he had obtained a quotation in two parts for the Community’s consideration:-
As a consideration for the work the contractor would also remedy the erosion at the bottom left of Pico del Paradon at its junction with Santiago de la Ribera, looking from the top of the Community. After discussion the Community voted and AGREED UNANIMOUSLY to have the complete wall done at approx. 3000€.
There were limited discussions on this as it was felt that there were too many areas to vote on with financial implications. On this basis alone it was decided not to be voted upon.
MB indicated the possible need for the Community to look at a long term idea for the front facing so called garden area and perhaps turn this into a sun/patio area encompassing the ideas from this proposal. The president along with the committee would look at what is possible and present this along with quotations to the AGM 2008.
It was voted upon and AGREED UNANIMOUSLY to leave this item till next AGM.
The president informed the Community that as per the agreement, the Community of Marquesa III would be requested to contribute to the repair costs to the pool and supporting wall. The builder had also indicated a 5% discount if all work was accepted. It was proposed that the Community would paint the walls of the pool saving 1200€. Taking out the cost of painting the approximate cost to cover repairs to the Community as mentioned would be in the region of 3000€ to include the support wall to the pool foundations.
The president informed the Community that he would approach the residents of the villa with a view to them contributing proportionately to the building of the wall.
The committee will place a date for spring 2008 for the painting of the swimming pool walls by volunteers.
TB (Auditor) reminded the President and the Community that the budget for 2007–2008 should be amended to reflect the expenditure.
It was voted upon and AGREED UNANIMOUSLY carry out the above mentioned repairs.
This item was dealt with at the beginning of the meeting.
The Community fees for the year as advised by the Community auditors can remain the same. Therefore there is to be no increase in Community fees for the next financial year.
As mentioned by TB the budget is to be increased to reflect the work requirement as listed above.
Budget to be increased under General Repairs - Group 62201002 - 1600€
Budget to be increased under Pool & Garden maintenance - Group 62201003 - 3500€
The budget was voted upon and AGREED UNANIMOUSLY
The 23rd October 2008, first call 16.30, second and final call at 17.00, Venue to be announced later, AGREED UNANIMOUSLY.
Off street parking - The President explained that this was already in the local rules as voted for by the Community and that access must always be available for residents and emergency vehicles.
Why as a Community we do not pay local taxes? - Rojales have not taken over the second building phase from Quesada, which we are a part off. As a Community we are not recognized by Rojales to pay local taxes.
How to prevent the use of non residents using the pool? - The President indicated that he had not received any indications that there was/is a problem with non residents/strangers using the pool. He also informed the meeting that responsibility lies with the owners also to intervene if persons are suspected of using the pool illegally. A number of residents informed the meeting that they had not seen nor heard of any problems.
Pay a guard to control access to the pool during the summer months - It is not believed that a problem exists to justify the payment of a guard to control access to our swimming pool. If owners take responsibility to ensure our pool is not used by persons illegally there should never be a requirement to employ or control access. The code for the swimming pool will be altered for next year and will be given out by the committee when asked. Please DO NOT GIVE THE CODE TO STRANGERS. Ask who they are first.
Community awareness, Highlight recycling points - In view of the worlds view to recycle waste as much as is practical, KH asked for residents to improve their recycling efforts. The President indicated the only major waste disposal area to be over behind Rojales Hills, opposite the Aqua Park. Do not leave major waste beside the green bins. There are small recycling areas available around Rojales with the nearest being opposite the golf driving range.
The President gave thanks to RM and GM for their work involved in clearing the garden mess in plot 359 and for keeping it maintained. It was indicated that payment could be claimed for any garden chemicals used to keep the weeds at bay. Check with the president before purchasing quantities.
There were no further matters to discuss, the President closed the meeting at 18.47.
The 2008 AGM will be held on the 23rd October, in the Conference Room of the Centro Municipal, Ciudad Quesada, first call 16.00. If you are not up to date with your community fees then please endeavour to do so otherwise you will lose your right to vote. As ever, your vote is important, if you cannot attend the AGM then please nominate your proxy vote.
Reminders of important dates will be posted on the website and Community notice board. If you believe you have not received any correspondence then please do not hesitate in contacting the Secretary.
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Residents from EU countries holding an EU "credit card type" driving licence are not required to change to a Spanish one. However within Spain it is a legal requirement over a certain age to have a routine medical examination and you must have a medical certificate. If you have a Spanish licence then a reminder is sent to this effect automatically. With a licence from your home country no such reminder is issued.
A recent court case witnessed a lady driver losing her case because she did not have a current medical certificate with her UK driving licence!! The Insurance Company refused to acknowledge her claim classing her policy as null and void. This lady faces a huge financial bill for the sake of a certificate which costs 40€.
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There is a new, non political group, set up within the Ajuntamiento of Quesada to try to sort out thirty years of building irregularities with you know who! This new office works under the title of "OFICINA DE INFORMACIÓN AL RESIDENTE INTERNACIÓNAL", and has been formed after two years of talks with the Mayor of Royales and has his authorisation and backing.
It will provide support, advice and assistance with problems or enquiries in various languages and will include those problems that Community Presidents encounter on a regular basis. Whether this will in any way resolve or possibly assist us in the short term is unclear but it is another avenue to explore. One positive thing that has come to light is the requirement for all roads, footpaths etc. to be corrected before Rojales Ajuntamiento will take official responsibilty for the community, and this includes resurfacing of the community roads!
Mike has had one meeting where he presented the following information:-
It is without doubt that to witness the build of the new commercial centre around the Campo de Golf is to the benefit of us all, but last year it would appear that the bars are now in competition with each other and using higher noise/music levels to attract potential customers. Last year witnessed an increase in the music levels from each bar and it was noticeable, and could be heard in the surrounding areas and at times above the volume levels of individuals' TV sets, especially at night. Additionally and to attract customers speakers were being placed externally outside the business premises with the resultant volume increase.
With a new larger bar in the process of being completed, we feel its an important issue for the comfort of all in the area to have the authorities notify all bars concerned regarding the correct levels of noise and its nightly ending. And to ensure its compliance with any local or national orders by instigating a regular pattern of patrol.
With the new centre, parking on the main roads is cause for concern. Cars are being parked both night and day causing various obstructions which can only end in an accident at some point in time. Required:- Greater effort visually by Police to ensure correct parking with more signage placed around the area.
Calle Santiago Ribera, Avenida Quesada Ballester is a speed run for motorcycles and those with noisy exhausts. During the summer months these roads become a race track for both cars and motorbikes. Required:- Speed signs and a police intervention to deal with the noise levels and speeding with both forms of transport.
During the winter months the police presence is very evident, yet it would appear and is noticeable by many residents that the presence of the police during the summer months appears to be reduced, when in reality it should be increased. Required:- An indication that the police presence is not reduced and to be visually identified with.
Street light on the main road, Santiago de la Ribera opposite Marquesa VII has never operated though every other one does. Mentioned to Administrator on many occasions for rectification by Quesada Services. Nothing happens. This is a particular dark area on this road due to a fast bend. Required:- switch it on
Footpath on the main road of Santiago de la Ribera at the junction of Pico Del Paradon access/exit for Marquesa VII has never been completed and has caused accidents to elderly by them tripping over loose rubble. Mentioned to Administrator for rectification by Quesada services. Nothing happened, still the same mess. Required:- path to be laid
Main entry exit road for Marquesa VII - This road is an accident waiting to happen for it is incomplete in its surface coating and far too steep for normal traffic. It cannot be used by emergency vehicles. Most elderly residents cannot use this road due to its steepness and loose incomplete surface. A braking vehicle on the way down and prior to entering the main road is liable to and has slid due to its steepness and slippery surface. Rain causes increased concern with its lack of traction. I have written to Quesada Services and the Architect of Rojales Ayuntameinto who has both stated this has to be with no future work being considered. This road is an excuse for a road and is unacceptable in its supposed completion in this modern society. Required:- Further consultation with Quesada Services / Rojales Ajuntamiento to correct this road to an acceptable vehicular access/exit road.
Pico Del Paredon: - This is an access road for both Marquesa VII and a Villa. This road was cut after the final build of Marquesa VII and its swimming pool. The cut left both sides of the hill open to the elements and to date is eroding away the earth foundations of Marquesa VIIs swimming pool. As a community we have had to pay out to secure the worst part of the erosion (650€) when in reality this should be carried out by the developer/builder. Various requests by visiting and letters to Quesada Services to sort this problem out prior to any disaster have failed. Required:- Both sides of the earth cut away to be sealed by materials decided by developer/builder
Pico Del Paredon: - sides of the road are being undermined and are breaking away due to erosion by rain and elements. Required:- side support required to exposed parts of the road. Quesada Services.
As a community we are financially responsible for all that we use and require such as street lights, swimming pool etc. One of our concerns is about what our developer/builder indicates to be the final road surface for our community. As a community we have been in existence for some five years and during that period of time the roads have been dug up for various services with the holes / ditches filled in and covered with a final coating of cement. As we look at this end result, visitors would not believe this to be a road of only five years. In our community being finished we should all expect a complete and professional finish, not so. Required:- Prior to this build phase being handing over to Rojales, an indication by Quesada Services that a final asphalt/road re-coating will be applied to our community roads, as should be the legal obligation by the builder of presenting a completed and acceptable community to those who bought with a promise of same.
Thank you in anticipation of success.
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The changes to the Spanish Tax Laws which we reported previously have been approved by the Spanish Congress and are effective from 1st January 2007. This will be in force for tax returns prepared in 2008 for the 2007 tax year. The relevant changes are as follows:-
CAPITAL GAINS TAX FOR NON-RESIDENTS - Capital Gains Tax on the profit from the sale of property by
non-residents reduced from 35% to 18%; and the deposit required by the Tax Office at the time of sale is reduced from 5% to 3%.
INCOME TAX FOR NON-RESIDENTS - Reduced from 25% to 24%.
CHANGES FOR RESIDENTS - Personal allowances increased from 3,400€ to 5,050€ and further increases in allowances for pensioners. The number of tax bands is reduced from five to four with the removal of the 15% band, and a decrease of the 45% band to 43%. There are also changes affecting Dividends, Capital Gains, Interest and Pension Plans.
Check with your Abagado/Fiscal Represntative for further details.
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