CRA /Mayor Meeting July 7th 2010
Meeting started at 12:50
For the Town Hall:
Francisco Blaya, Mayor.
Jacqueline Gálvez, Councillor for Foreigners.
José Antonio Román, Councillor for Urbanism.
Ricardo Fernandez, Lawyer.
For the CRA:
Bob Owen, Chairman.
1. J.N. and J.G. agreed to share the role of translators for this meeting.
2. Secondly, permission was asked for B.E. to record our meeting with a voice recorder. F.B. said there was no problem.
3. The meeting begun with Jose thanking all those present for attending the meeting, especially the Mayor.
4. B.O. asked “In the recent meeting between ASHC and the Mayor and meeting between the CRA and councillor Galvez the minutes state that you are now going to enforce a Entitad on Sector A and then presumably the rest of Camposol. This contradicts the possible middle way forward that has been discussed with you in meetings with the CRA over the last 9 months. Is this what you intend and if so why the change in policy?”
F.B. explained that they had not changed their policy towards Camposol, they are following the procedure laid down by the law relating to not only Camposol but to all urbanizations. They had been looking to find a formula that would be the best way forward for the procedure of the self management of Camposol. He also stated that the Plan General, the Plan Parcial and our contracts state that Camposol will be run by an entity. The Council are looking at the best way to assist with the collection of community fees as they found that the problem of how to ensure that all residents paid their fees was the biggest fear when the first entity was set up on A Sector some years ago. He went on to say that it has to be clear that all the costs associated with this and the maintenance of the community will have to be met by the residents and they have always said that. He added that “Camposol should be self sufficient.” “The Council will ensure that the administration is being done properly.” He went on to say that they are trying to find administration companies that have experience of the type of urbanization such as Camposol and what they will have to do with that company is find a way to finish the urbanization. Entities have duties regarding conservation and maintenance. To get Camposol up and running the residents will be responsible for the street lighting, cleaning and conservation of landscaping areas. These landscaped areas are in fact being looked after by the residents already. The Mayor thought that the best option is to suggest two or three administration companies and we can choose whether to go with one of those or look elsewhere.
J.G. stated the Town Hall have to deal with representatives of all homeowners, and not just a residents association.
F.B. said the Town Hall will study how to elect this representative committee of all B, C and D proprietors.
5. B.O. “In the Plan Parcial for B, C & D it states that these sectors when taken over by the Council will become part of the entidad that will have been formed for A Sector. How can this now be amended to your proposal of different entidads for different sectors?”
F. B. The matter of whether there will be one or two entities or whether they will come together is complicated and it might be better to have several because of the size.
B.E. made the point that the Garrigues report states that B C & D sectors join A sector’s conservation body.
R.F answered by stating that there are no legal restrictions and once the administration is put in place we can organize ourselves as we wish. We could even have separate administrations for poligonos if we like although each separately managed area would have to contribute to the common facilities such as that of the treatment works
F.B. said that because of the reality of the situation and especially the street lights, the self management should function now.
B.E. “Are you saying we should start the entity process on B, C & D now?”
B.E “Even though the infrastructure is far from being up to standard or completed?”
F.B. & R.F. both said yes but it would still have to be completed.
J.G added that we “would be paying for the street lighting not mending the roads.”
F.B “The Council have to by what ever means ensure Masa finish the Urbanization by taking the guarantee or whatever.”
B.E “But we know and the Mayor has agreed that there is a big shortfall between the guarantees and the amount needed to put things right.”
F.B “First we have to get that guarantee and see what we can do with it. We are going to take the route that will finish the urbanization. We will see what the administration company can do, we shall see what the bank guarantees are and what we can do but we have to find that route.”
B.E. Shouldn’t there be a detailed survey done by engineers to determine what the cost will be.
J.G “They are doing that. The detailed survey goes back to Masa telling them what is needed.”
J.A.R. stated that they already had reports for all Camposol.
B.E. questioned this on the basis that there has not been any evidence of the presence of the necessary engineers or the type of investigation that would be needed. A suitable survey would for instance need such things as test bores to investigate the underlying problems with the roads.
B.O. “Can we summarise?” You believe we have come to a crossroads where we have to start looking after things ourselves by way of an entity or the like, but we will not be responsible for unfinished works or works not up to standard.
R.F said we should not worry, we (the council) shall have to do what we have to do, and we do not have to complicate your lives. It is the council’s responsibility to ensure Camposol is finished to the set standards. At the same time we (the residents) have to organise to pay for expenses relating to the responsibilities that we take over. (Street lights, street cleaning and green areas)
F.B. “An Entity or any other form will not be responsible for any part of the infrastructure that had not been accepted by the council as up to standard and fit to hand over. The initial entities will run in parallel with the council administration. The council will be responsible for getting the infrastructure up to standard before handing it over to the entity. The council will seize the bank guarantees, decide with us on priorities and attend to them. The council will then seize land, assets and anything else to secure funds to finish of the infrastructure.”
P.P. asked if the Town Hall have to wait until the 2013 deadline to take action.
R.F. stated that because of the building phases are not completed, we have not to wait until 2013 and this deadline should not be considered at all.
J.G. stated the Town Hall is actually planning this and that the Council is no longer dealing with MASA in a friendly way.
6. B.O. “Will the residents of Camposol be expected to pay for the shortfall?”
F.B. stated that the shortfall was for the council to sort out and it should not be of concern to us, it was their job to ensure everything was finished to standard.
B.E. asked what the monetary amount of that shortfall is.
J.A.R. stated they have not quantified it yet.
7. B.O. raised the subject of the database.
F.B. said the council and admin company were able to compile that from their own and others records.
8 J. N. stated that duties about conservation and about maintenance are separate duties, and not the same one. And that Entities have mandatory duty of conservation, but not in maintenance, as it can be read in the Garrigues report. Therefore is no obligation for a virtual entity to pay for the electric power to the street lights and that Garrigues Report and article 26 of law 7/1985 support this position.
F. B. stated the Town Hall is not able to pay for the street lighting. It is the residents responsibility.
R.F. stated that, anyway, in the actual legal situation of Camposol, homeowners have to pay for street lighting. He also stated that this is just a detail and the important thing for Camposol as a whole was to form an entity or other form of self-management.
J. N. stated this particular detail is an important one for our members.
R. F. stated that once an Entity (or another form of self management) is running, further discussions about particular responsibilities can be arranged.
9. B.O. “As you are aware there is an ongoing strategy from Masa with possibly the assistance of Iberdrola to cut off the street lighting on Camposol. It will not be long before there is complete darkness and Camposol becomes an open house to every thief in Spain. This is obviously not acceptable and as the Mayor you have a legal duty of care, as stated in the Garrigues report, for all citizens on Camposol. Is it not about time that you took direct action to correct this serious situation?”
F.B. stated we must organise ourselves the sooner the better, to try to resolve this because the Town Hall can not. However, the Town Hall will do whatever it is legally bound to.
10. B.O. “At the last CRA meeting with the Mayor the council lawyer said that the problems with the rambla on sector D, which was holding up the acceptance of sector B, C & D, was not a major issue. Can we have an update on how this matter is progressing?”
R. F. stated that it is really a major issue but that is progressing through normal legal procedures. There was nothing new to report at this time.
11. B.O. “What is the latest on the Medical Centre Opening?”
F.B: “Medical centre will open this autumn, quite likely September. There are only a few small requirements to get it completed”
12. B.O. “What is the latest on the construction of the community centre?”
F.B.: “Contracts for building of the Community Centre were signed yesterday. They now have one month to start building”
13. B.O. “As you are aware there are many disabled car badge holders on Camposol but no parking spaces allocated for their use in the two commercial centres. Can this be corrected?”
F.B. said the council would investigate the situation of disabled parking bays.
B.O. pointed out that the taxi rank was unused and a waste of three parking spaces.
14. B.O. “With the hot weather and tourist season upon us, as you kindly did last year, could you increase the number of rubbish collections per week during this period?”
F.B. said refuse collection was still not being paid by Masa, but they will look into it.
Despite that, J.N. agreed to personally talk with Salvador Ardil, the councillor in charge of refuse collection, who was not present at the meeting.
The meeting closed at 14:20.