Newsletter – December 2010

Dear Owners,

Welcome to our December Newsletter. Below you will find a quick update of community news and issues currently being dealt with by the committee.

Security
• As reported in the last newsletter the lighting in the garages and corridors was reviewed and the electrician was commissioned to install additional switches and lighting control where needed to prevent dark areas. This work was duly completed and was seen as a big improvement.
• Further information regarding CCTV or dummy camera installation will be provided at the AGM where owners will be able to consider how they would like to proceed with this.

Legal Actions
• As detailed on the blog, the Pre-Hearing for the court case between FSA and SAP has been postponed until the 28th January 2011 (http://fsamijas.blogspot.com/2010/12/pre-hearing-cancelled.html).
• The decision to proceed with legal action taken against 2009 Debtors resulted in a number of these debts being paid. Court action is being taken against the owners of Apartments 20, 55 and 61.
• For the future it is intended that legal action against debtors will proceed immediately following the AGM.
• Sagesa have made a claim in the court against the community. They are claiming approximately €15000. This is the sum which an audit showed was expenditure incurred by Sagesa on behalf of the promoter before 2007, as reported to the EGM in June 2009. At that meeting the community decided that it was not prepared to pay this sum. We have a document signed by Sagesa, agreeing the final settlement figure, which excluded this sum. The lawyer, Ricardo Urdiales, has responded on our behalf.
• Apartment 58 – Following the decision of the court, members of the committee have had discussions with Mr Georgeson. These discussions are on-going but arrangements have already been made for work to be carried out at Mr Georgeson’s expense to resolve the problems being experienced in the two apartments below.

Pools
• The administrator has had discussions with Junta de Andalucia and Mijas Town Hall regarding the works which will be required to obtain the pool licences. It has now been established that:
Both pools have to be fenced and gated – fence 1.2metres high – gates to be self closing with child-proof latch. Paths within the fenced area to be 1.5metres wide (5 tiles) and must give smooth access to the pool for wheelchair users
The steps in the upper pool are deemed to be an obstruction and so need to be either moved or protected in some way. This could mean either building around them or removing them and building roman steps at the shallow end.
The lower pool requires a toilet block to be built. We need to establish the minimum requirement here.
The upper pool toilets must be modified so that they are suitable for use by disabled people.
All showers need to be fitted with foot washing taps.
• The committee will obtain quotes for this work as soon as the detailed requirements can be established.

Painting Programme
• Painting has been in progress since October with Block 4 being substantially completed in November. Block 3 is currently under way.
• In general, everyone is happy with the quality of the work and cleanliness. The contract with the painting company includes a 5 year guarantee, and additionally, the paint suppliers also carry out quality assurance checks on the contractors applying the paint.

Future Running of FSA
• The committee has been considering the staffing requirements for FSA. The common consensus is that Daniel is performing well but that there are a number of areas that his role does not cover, in particular, routine maintenance of equipment and emergency call out.
• It is felt that there is not enough work for a full time second person. We have therefore considered the possibility of a part time maintenance person. We are currently reviewing a proposal from a Spanish company offering to perform an agreed set of maintenance tasks throughout the year as well as provide a 24 hour on-call service for a fixed monthly payment. Further details have been requested.

Cleaning
• Donna Percy resigned from her cleaning position with effect from the end of October. We thank Donna for her work and contribution to the smooth running of the urbanization since June last year.
• After seeking competitive quotes we are now employing a company, Limpiezas El Ajolin to carry out the cleaning.

Repairs
• Work has been ordered to repair the cracks in the arch and wall by the lower entrance and the cracks in the parapet wall close to the entrance to the gym.
• We will be employing a Spanish company Todo Reformas. The order was placed last month and we have asked that the work is carried out as soon as possible.
• The damage has been caused by settlement, and it is possible that further settlement may yet occur. The repairs take this into consideration.

Apartments
• Glass curtain applications have been approved in respect of Apartments 4, 31 and 42.
• Apt 4 – permission given to demolish wall and replace with wooden balustrade or brick/tile open wall to match other apartments.
• Apt 42 - permission given to install a small pergola with polycarbonate roof similar to work carried out at other penthouses.
• Apt 59 - permission given to install sliding doors under existing covered pergolas to match previously approved installations.

Apartment Sales
• Apartment 44 has been purchased by Mr and Mrs Butler, Apartment 45.
• Apartment 67 has been sold by Mr and Mrs Owen. We send them our best wishes for the future.
• We understand that Apartment 10 has been sold by the promoter.

Committee
• Shaun Clark resigned from the Committee in October. We thank Shaun for his contribution.
AGM and Election of President
• The AGM will be held on 18th March 2011.
• Neither the President nor the Vice President will be standing for election to the post of President next year.
• Nominations will be welcomed in the New Year.

Community Fees
• There are still a number of unpaid community fees for the year 2010.
• Just a reminder that your Community Fees will be due on 1st January 2011

Best wishes to everybody at this festive time from the President, Vice President and the Committee.

fsacommunity2010@gmail.com

Pre-hearing cancelled

The pre-hearing of the court case (San Antonio Property against the community and vice-versa) foreseen for 15th Dec 2010 has been posdated to 28th January, as Mrs Pitt had not given power of attorney (only Mr. Pitt). The judge has considered very important that Mrs Pitt becomes direct part of the case, not only through her husband. So, Mrs Pitt should appear herself in the court case, either through her own lawyer or through the lawyer of the community, Ricardo Urdiales

Next AGM 18.March.2011 10am Social Club

Please note next AGM of Finca San Antonio will take place on friday, 18th March 2011, at the Social Club of the community. Agenda and accounts to be sent some weeks before.

Removal of wooden beams in apt 10

All apartements have an owner, in this case the registered owner of apartment 10 is San Antonio Properties, sl, the same as some others. We are aware they are trying to sell this apartment together with number 43, and the administrator has given them the certificate of debt of each of those 2 apartments.

The administrator had a meeting with the lawyer acting on behalf of San Antonio Properties on thursday 2nd December, and at that meeting the sale had not gone trough. Whether the apartment has been sold to a third party or remains ownership of San Antonio Property, the works of removing the beams need a license from the Town Hall. If they are just going to be replaced for new ones, possibly they don't need authorisation from the community. But if their intention is to do something on that terrace, they should better get the permission of the community first.

If the works continue, we can only get in touch with the local police and dennounce the works. The administrator has already asked the lawyers of San Antonio Properties for an explanation about this.

Mario Bravo
6.Dec.2010

Need to clean drains

All owners of properties with a private terrace or balcony must be aware that it is your responsibility to ensure the drains are kept clean and clear of any obstructions, such as leaves and general everyday dust/sand that may accumulate on your terrace and as a result, cause the drains to become blocked. We recommend that you ensure these are properly cleaned out at least 3-4 times a year in order for them to work effectively and allow rain water to drain away. Drains located in communal areas will be maintained by the community, but every owner must be aware that your private drains are your responsibility.

Considering we have already had some heavy downpours in the last week, and if last years weather is anything to go by, then we are sure you will agree that this is something that should be dealt with as soon as possible.

Thank you in advance for your cooperation.

Auction void

The auction celebrated on monday 29th was declared void, as nobody was interesting in adquiring these apartments with the debt of the mortgage and the 300.000 from social security, plus some others as community fees, plusvalía and rates. Yes, there will be a second one with 25% discount, and even a third one with no minimum bid, but again the present conditions make this bid very unlikely.