16 10 2017 English .pdf



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Comunidad de propietarios Tindra Homes
Torrevieja

MINUTES OF THE ANNUAL GENERAL MEETING OF THE COMMUNITY OF OWNERS
RESIDENCIAL TINDRA HOMES, LOCATED IN CALLE ALBARIÑO IN TORREVIEJA
TH
(ALICANTE), HELD ON 16 OCTOBER 2017.
th

In Torrevieja, on 16 October 2017, at 10:30 in the morning, the owners of the community of
owners of Tindra Homes, meet in the community area on the second call, as there was not
sufficient quorum on the first call of the Annual General Meeting which was duly called by the
President Mr. Francis Hofman, who chairs the meeting and a representative of Administración y
Servicios Mar Azul acts as Secretary to deal with the agenda items.
The owners and owners representatives are listed below in the following relation:
Owner’s name

Property

KVISVIK, IVAR TERJE
PARRY, DENNIS MICHAEL JOHN
MADSEN, HENRIK MALLING
CARLSSON, KJELL OLOF
HAVNESKÖLD, LEIF ANDERS
JONSSON, MATTHIAS ALEXANDER
DAERDEN, FELIX
PALLEN, JEAN LUCIEN J.
HOFMAN, FRANCIS ROBERT M.
NILSSON, DAN OLOW
SVAN, NILS OLOF
COUSSEMENT, MICKAEL JACQUES FREDERIC
MACCARI, SANTI
IMMO BEMO BVBA
PROPERTIES AT THE MEETING:

15
15
15
16
16
16
17
17
18
21
14
5
2
1

2
3
4
5
7
8
11
12
13
19
20
29
32
33

Coef.

Represented by

.

TOM JANSEN

HOFMAN, FRANCIS ROBERT M.

PARRY, DENNIS MICHAEL JOHN
HOFMAN, FRANCIS ROBERT M.

14

The President opened the meeting welcoming all the attendees. Then, it is proceeded with
the agenda items and the following agreements were made:

1. READING OF THE MINUTES OF THE LAST MEETING, IF NECESSARY. TAKING
DECISIONS.
In order to speed up the meeting and since the previous minutes were posted to all the owners,
it was proposed and approved unanimously to declare the minutes of the meeting held on as
read and approved.

2. PRESIDENT’S REPORT.
The President informs us that we have a very beautiful area to live in, which is important for
everyone. Therefore, it is necessary to maintain the good atmosphere that exists between the
neighbors, respecting each other.
He also indicates that he is not responsible for conflicts between neighbors. Usually these can
be solved in very polite words.

3. PRESENTATION AND APPROVAL OF THE ACCOUNTS OF THE FINANCIAL YEAR
2016/2017, INCLUSIVE OF THE LIST OF DEBTORS. TAKING DECISIONS.
The Administration presented the accounts for the closed financial year, which were explained in
detail, answering all questions asked.
The Administration informs that many of the expenses refer only to 7-8 months (from the
beginning), that is why this closure does not represent a summary of annual expenses of 12
months.
After the corresponding study, debate and deliberation of the presented accounts they were
approved unanimously as given hereunder:

16.10.2017

page 1

Comunidad de propietarios Tindra Homes
Torrevieja

ACCOUNTS FINANCIAL YEAR 2016 / 2017.
PERIOD: from 01-11-16 to 30-09-17.
CONCEPT

NORMAL EXPENSES
Community insurance
Administration fees
Electricity consumption
Electricity for garages
Water consumption
Pool and garden maintenance
Bank charges
Stationery
Repairs and maintenence
Any other expenses
Reserve fund
Sum of normal expenses
Sale - purchase remote controls
TOTAL EXPENSES
Difference budget- expenses

BUDGET

2016/2017
26.400,00

26.400,00
175,00
26.575,00

EXPENSES

BUDGET

2016/2017

2017/2018

1.152,62
1.485,00
2.471,37
726,65
2.408,22
6.160,00
3,00
129,14
395,60
1.064,54
0,00
15.996,14
192,03
16.188,17
10.386,83

1.200,00
1.980,00
3.000,00
1.000,00
3.000,00
9.240,00
20,00
100,00
5.000,00
200,00
1.660,00
26.400,00

BALANCE
CONCEPT

Bank
Debtors, owners with outstanding fees
Advanced payments owners
Sums
Result - accumulated surplus

CREDIT

DEBIT

8.682,59
2.054,24
10.736,83
18.963,35

350,00
350,00
10.386,83
18.963,35

LIST OF DEBITORS FINACIAL FROM 2016 / 2017.

COD.
001
015
019
023
032

VIVIENDA
HOUSE
PROPRIÉTÉ
1
15
19
23

32

NOMBRE, NAME, NOM
ANTARES HOMES S.L.
Dª. EVELIN KAY CODLING
D. DAN OLOW NILSSON
Dª. VALERII DONSKOI
D. SANTI MACCARI

CUOTA
ORDINARIA
ORDINARY
QUOTA

800,00
150,00
150,00
800,00
150,00

0,00
0,00
4,24
0,00
0,00

TOTAL DEUDA
TOTAL DEBT
DETTE TOTALE
800,00
150,00
154,24
800,00
150,00

2.050,00

4,24

2.054,24

GASTOS
INDIV.

Regarding the debtors it is indicated that the judicial claim of debts is made free of charge by the
Administration, whenever possible. Any expense incurred by such claim shall be paid by the
defaulting owner, as unanimously agreed.

4. APPROVAL OF THE CERTIFICATES OF DEBT OF THE OWNERS WITH OUTSTANDING
COMMUNITY CHARGES AND THEIR LEGAL CLAIM. TAKING DECISIONS.
On sight of the approved accounts of this meeting it is certified that the following owners have
invoices, which are listed below as not paid at the time of the meeting. All remainders sent by
the administrator remain unpaid.
CASA Nº: 1, PROPIEDAD DE ANTARES HOMES S.L.
CONCEPTO

1 Recibo de 800,00 € de la cuota ordinaria del ejercicio 2016/2017.
Total deuda al día 30 de septiembre de 2017

16.10.2017

IMPORTE

800,00 €
800,00 €

page 2

Comunidad de propietarios Tindra Homes
Torrevieja

CASA Nº: 23, PROPIEDAD DE D. VALERII DONSKOI
CONCEPTO

1 Recibo de 800,00 € de la cuota ordinaria del ejercicio 2016/2017.
Total deuda al día 30 de septiembre de 2017

IMPORTE

800,00 €
800,00 €

Therefore, the certificates of debt are approved and power of attorney is given to the Secretary
and the President to take legal action against these debtors, if necessary, seizing their
properties if no payment is received within the next 15 days. Lawyers and attorneys can be
appointed, if their intervention is considered necessary.

5. PROHIBITION OF USE OF COMMUNITARIAN FACILITIES TO DEBTORS (AFTER
BEING NOTIFIED). REGISTRATION BY THE ADMINISTRATOR. TAKING DECISIONS.
It is unanimously approved that all owners and occupants from properties that are in debt
with the community are not allowed to use the community elements (Pools and Gardens).
This community rule will be only applied temporarily until the obligatory community maintenance
payments are up to date with the community, being applied to the right of use of those elements
that not necessary for the adequate use of the corresponding private elements (dwelling), as
consequence of non-fulfilment of legal obligations that cause this kind of suspension of right of
use, as part of the internal rules for the community.
This agreement is based on article 396 of the Civil Code, and articles 3, 5, 9 first e), 11.2, 15.5, 18, 21 and
following ones of the Horizontal Property Act; as by the Sentence of the Constitutional Courts from 21st
th
th
th
October 1993, the Supreme Courts from 6 July 1978, 28 January and 8 March 1994; Sentence from the
st
Constitutional Courts 301/1993 from 21 October; and Resolutions from the General Directory of Land
th
th
Registries and Notaries from 4 June 2003 and 18 June 2010.

The Administration explains that under no circumstances you need to discuss with people who
live in debtor’s properties, but the Administration needs to be informed when there are
occupants that are using non-authorised areas. The Administration will contact the local
authorities if necessary.

6. APPROVAL OF INTERNAL RULES FOR THE COMMUNITY. TAKING DECISIONS.
The proposed rules have been circulated to all neighbors and after their study, debate and
modification, the rules are unanimously approved, as reflected below:

INTERNAL RULES OF THE COMMUNITY TINDRA HOMES
All owners, tenants or visitors have to observe these internal rules. If there is any problem,
incident or discussion, the owners have to talk together and the rules are the first step to follow
in order to solve it.
It is not necessary to raise the voice or to attack or insult a member of the Board or any other
person. In case of repeated non-compliance, the Administration will be notified to contact the
owner in a formal manner, to resolve it, including with the authorities, if necessary.
1

You have to respect others and place. The owner is responsible of problems occurred in
the Community and will deliver the rules to the tenant and visitor.

2

For safety reasons, you have to close the 5 entrance doors and the 2 garage doors.
Garages should be used for cars and bikes not for storing furniture. Cars must be parked
within the assigned space, without protruding to the crossing area. Bikes can be installed
on the wall of each space, without damaging the space needed for the car.

3

The pool opening hours is from 08:00 to 23:00 hours and will be closed if maintenance
work is required.

16.10.2017

page 3

Comunidad de propietarios Tindra Homes
Torrevieja

4

Everyone has to take a shower before entering the pool. The showers cannot be used for
personal hygiene or any other cleaning issue.

5

It is not allowed to drink and to eat in the pool area, except water in plastic recipients.

6

The use of glass in the pool area is not allowed, nor to leave trash, plastic, etc., the area
has to be cleaned always when leaving.

7

Smoking is prohibited in the pool area, by Law.

8

Children under the age of 12 must go to the swimming pool with an adult.

9

It is forbidden to walk or swim naked in the pool area. Babies should wear special diapers
for water.

10

Water mats and balls are allowed provided the number of people does not exceed 10.
Common sense has to be always applied.

11

Sunshades, garden furniture, deck chairs, etc. can be used in the lawn area provided they
do not cause damage to the grass or the watering system.

12

Domestic animals must be kept tied in the Community and it is forbidden to take them to
the pool area. The private area is still private. Attention to rule number 1.

13

There is a meeting place at the main entrance on the left, for example to celebrate a
meeting or party on January 1st. Attention to rule number 1.

14

According to the Spanish Law, the rest hours from 00:00 to 08:00 in the morning must be
respected. From 14:00 to 16: 00 hours the siesta time must be respected.

15

Clothes hanging should not be seen, clothes cannot be hung on balustrades or balconies.

16

The owners on the first floor are responsible of cleaning the staircase.

17

The terraces upstairs cannot be washed up, because the dirty water enters the gardens of
the properties below. Just clean the terraces with mops and similar.

18

Rubbish should be deposited in the containers placed to that effect.

19

For any visible modification of your home, you must complete the Community Work Form
and contact the Managing Board before carrying out the works. If not you may have to
demolish the works to leave the property in its original state.

20

Hard balls may not be used for the damage they may cause. Soft balls are only allowed
for small children.

21

The use and enjoyment of the common areas (Pools and Gardens) is forbidden to
all owners and users of dwellings that are in a situation of debt.

7. INFORMATION ABOUT RENTAL OF APARTMENTS. OWNER’S RESPONSIBILITIES.
The Administration explains the obligations and responsibilities of the owners who rent their
homes, highlighting the following:
-

The houses that are rented must be registered in the registry of the tourist office.
Income generated by rents must be declared for the corresponding tax payment.
The owners have to include in their insurance the risks for tenants. The community does
not cover them.
The maximum number of people per house depends on the square meters of it, the
maximum being one person per 10 square meters.
The authorities issue very high fines to owners who have constant water consumption
and light without being residents, due to the high probability of tourist rentals.

In any case, the owner is ALWAYS responsible for the acts of their tenants.

16.10.2017

page 4

Comunidad de propietarios Tindra Homes
Torrevieja

8. RECLAMATION TO THE BUILDER TINDRA FOR BUILDING DEFICIENCIES. TAKING
DECISIONS.
The attendees comment on a series of building deficiencies and unanimously agree to notify the
promoter company through a lawyer, giving a period for rectification, and if not, the community
will carry out the necessary work and then claim the costs at Court.
-

-

-

The access stairs to the terrace solarium of the properties in the first floor are very rusty,
leaving stains in the facades. Some stairs have been painted by the promoter, but not all.
There is a deficiency of evacuation of water in the bottom area of the community. The water
forms a very large puddle that difficult passage, so that grilles need installing to channel the
water out.
A corridor has settled, presented a major crack between the corridor and terraces of
dwellings, which needs to be refilled to prevent water filtrations and damage to areas below.
The water from the roof of the pool shed drains directly to the access stairs of garages, filling
the garage with water that has no exit anywhere.
The white mesh bordering towards the plot (area to build in a future) is much lower than the
rest of the mesh around the community, leaving easy access to people not belonging to the
complex. It is necessary to install another fence at 35 long of 2 meters high with posts.
Plants in front of houses 1-7 cannot be rescued, after much effort, and need to be changed.
There is no chlorine disposer, which is required by law for community swimming pools.

9. COMMUNITY REPAIRS AND IMPROVEMENTS. TAKING DECISIONS.
- Garden improvements, flowers, parasols, plants (approximate cost 3.150 €).
Some owners have requested these improvement works and after their study, debate and
deliberation it is agreed to install the parasols to improve social life and plant some plants in front
of the gates to improve the area. Dead plants will also be changed.
- Installation of signs in community areas.
Signs will be posted on the gates "residential area - keep doors closed - close without making
noise".
The swimming pool sign will also be changed according to approved rules and with pictograms.
- Replacement or adaptation of gates to enter the pool to improve security.
Since parents are responsible at all times for their children, it is not considered necessary to
modify the gates.
Another reason for the proposal was the use for debtors, but this issue has been solved from
earlier agreements.
- Installation of cameras.
There is a wide debate on this issue, highlighting that there have been robberies and public and
private areas cannot be recorded, only community areas. It is finally agreed to continue studying
the best way to install the cameras and authorize the board to carry out the installation that best
suits the needs of the community, authorizing unanimously the President and Vice-President to
visualize the recordings, whenever they are erased from automatically after 48 hours of
recording. Signs will also be posted on the doors warning of camera recording.
- Installation of grilles to collect rain water. Approximate cost 3.500 €.
Being this a deficiency of work to claim to the promoter company, the works are not approved.
- Lights in stairs to the garages.
One access has light, but the other does not. It will be checked if it is just bulb problem.
- Maintenance to properties and gardens.
Please remember to clean the access stairs to your home and keep your garden in good
condition. In case of not doing so, the owner will be notified, giving a deadline, and if not, the
necessary work will be carried out at the corresponding owner’s expense.

16.10.2017

page 5

Comunidad de propietarios Tindra Homes
Torrevieja

10. APPROVAL OF THE BUDGET OF ORDINARY COSTS FOR THE FINANCIAL YEAR
2017/2018 AND TERMS OF PAYMENT. PROPOSAL TO ESTABLISH HALF-YEARLY
PAYMENTS OF 450,00 € EACH ONE (DEPENDING ON THE AGREEMENTS MADE IN
THE ABOVE ITEMS). TAKING DECISIONS.
The Administration presents the budget of foreseeable ordinary expenses for the 2017/2018
financial year, explaining that this would be the first full financial year year to see the actual
expenses in a 12-month period.
After its study, debate and deliberation, the budget submitted, which amounts to twenty-six
thousand four hundred Euros (26,400.00 €), is unanimously approved, as detailed in item
number three of these minutes.
Regarding the terms of payment, the following is unanimously approved:






The distribution of the budget between the different owners will be made in equal parts as
agreed at the constitution meeting, and not according to the law, which would be the
distribution by the coefficient of participation of each dwelling according to figure in the New
Building Deeds and the Horizontal Property Act Division that is reflected in the deeds of
purchase of each house.
The budget will be paid by all owners in four quarterly payments in advance of 200.00
Euros each (October 2017 - January 2018 - April 2018 - July 2018), by direct debit or
payment directly to the community account - always stating the name of the owner and the
house number for identification.
A 20% penalty is approved at the end of each term on those outstanding payments.

11. ELECTION OF THE MANAGING COMMITTEE FOR THE YEAR 2017/2018. TAKING
DECISIONS.
After its corresponding study, debate and deliberations, those in attendance approved
unanimously the Managing Board for the financial year 2017/2018 to be composed of the
following people:
- PRESIDENT:
- VICEPRESIDENT:
- AUDITORS:
- SECRETARY-ADMINISTRATOR:

Mr. Francis Hofman (13).
Mr. Mickael Coussement (29).
Mr. Henrik Madsen (4), D. Felix Daerden (11).
Mr. Jesús Gómez Gómez.

The disposal of funds from the bank account opened on behalf of the community will be
exclusive done by the Secretary-Administrator.
The Administrator is also authorised to debit all community charges and any other invoices
approved in a meeting from the owner’s account as well as to sign all private and public
documentation that might be required to carry out this function. He is also authorised to manage
the opening and closing of bank accounts and deposit accounts as agreed.

12. COMMUNITY APPROVAL OF ELECTRONIC COMMUNICATIONS WITH PUBLIC
AUTHORITIES. TAKING DECISIONS.
The Secretary-Administrator of the property reports to the Community of owners that by Law
39/2015, of 1st October, regarding the Standards of Common Administrative Procedure of the
Public Administrations; and by Law 40/2015, of 1st October, regarding the Legal Regime of the
Public Sector, it is established that the electronic means are the only accepted medium that the
Community of Owners dispose to contact with the Public Administrations. Thus, the attendees
took on, unanimously, the following agreement:

16.10.2017

page 6

Comunidad de propietarios Tindra Homes
Torrevieja

“The Meeting of Owners designates expressly as their legal representative before the
Administration conferring him such a wide power as agreed by law (as much power as it is
agreed by law), to the Secretary-Administrator of the property Mr. Jesús Gómez Gómez, with
NIF No. 74.168.934-Y, in order to enable him, in the name of the Community of Owners Tindra
Homes, located in Calle Albariño, in Torrevieja, with CIF number H-54972401; to:
-

-

-

Appear before the Tax Administration State Agency or any other registry offices
delegated from different bodies, agencies or entities which exercise public functions; as
well as before the offices and registries designated by the providers of certification
services in order to bestow documentation or to sign as many documents as necessary
for obtaining the user’s certificate needed to interact with the Administration.
Request, download, install update, suspend, revoke and use any electronic signature
certificate issued by the Currency and Stamp National Factory and Spanish Mint or by
any other certification services provider; and whatever other electronic certificates that
could arise afterwards in accordance with the state of the art.
Use its own electronic signature certificate, or as well, alternatively the digital certificate
of the community to carry out online all the procedures and proceedings in the electronic
headquarters of the Tax Administration State Agency and before: the National State
Administration, Regional Communities, Local Entities, Public Institutions and whatever
other entity of the Administration.”

13. EXTERNAL MODIFICATIONS IN PROPERTIES. TAKING DECISIONS.
The Administration explains that under Article 7 of the LPH (Horizontal Property Act) the
permission for any exterior modifications must be requested in the General Owners Meeting,
since this affects the overall view of the residential complex. Once submitted the application with
the approval of the residents concerned, it is included in the agenda of the next General Owners
Meeting for approval and issue of the corresponding construction work certificate legalized by a
notary (which is compulsory to legalize the works afterwards).
In all cases, it is vital to request the construction work permission to avoid penalties and
problems when it comes to the legalizing of the modifications. Any building modification carried
out after 1999 (which got less than 15 years) and that does not have the corresponding building
license cannot be legalized until such time that 15 years have gone by. Then, an architect could
issue a certificate of antiques, to be able to register the works in the land registry (this becomes
necessary at latest when selling the place). This applies to any kind of amplification of living
space, including closing of terraces with glass and aluminium, as well as brick work storages in
gardens, or closed patios. Regarding glass curtains there is still some kind of legal grey area
subject to interpretation by the different authorities and land registries, as it is with private pools,
too.
Only with both documents can the corresponding new building deeds be signed before a notary
in order to include new changes duly in the title deeds and to record them in the land registry. It
is vital to obtain both documents before starting the works to avoid fines or even demolitions.
In addition, when selling the property the valid and updated habitation certificate is needed.
Those owners that do not have it, must submit to the council a project of the property (with the
help of an architect) to formalise the request. The old certificates can be renewed, but it needs to
be taken into account that the certificate expires after 3 years. An architect needs to be
contacted and the price depends on the size of the property and the taxes to be paid to the
Town Hall. Please contact the Administration for further information.
The energy performance certificate is also needed to sell properties.
th

The next Annual General Meeting will be held on 15 October 2018, at 10:00 hours.
As no further issues remain for discussion, the presidency closes the meeting at 12:00 hours of
the same day and at the same venue as initially stated.
THE SECRETARY

16.10.2017

THE PRESIDENT

page 7



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