Comments on the minutes of the EUC Governing Council meeting of November 17, 2021
Attendees: Six members. The Guardianship Body, represented by the President and M.R. MANAGERING MADRID, S.L., the Administrator of the EUC, (Mr. Jesús Menéndez-Morán Reverte.)
The committee of CERA upon reading the minutes of the last committee meeting of the EUC would like to make the following comments.
A copy of the full minutes of the meeting (in Spanish) can be found on the EUC website. Link here
Point 3. of the agenda, Regarding the contract with Ayamonte Interesa says:
“It is proposed that a vote be followed if it is not renewed and if so, the possibility of its early cancellation.
The voting proceeds as follows:
In favor of cancellation and non-renewal: 4
Against cancellation and non-renewal: 1 “
In which regard it is necessary for CERA to comment:
The contract signed with Ayamonte Interesa is not voidable by the Governing Council. This can resolved in advance, or it is not renewed, but there is no mechanism for cancellation.
What seems clear according to the minutes is that it has been agreed not to renew, so it will remain in force until August 1, 2022, that is, we have to continue paying it until then. Unless an agreement has been reached with Ayamonte Interests to resolve it in advance, in which case we must know the cost of the resolution.
Apart from that, only 5 members vote, when there are six attendees at the meeting.
Point 4. The Council accepts the appointments, which is superfluous since it is a competence of the General Assembly.
However, it is important that the General Assembly appointed Mr. José Miguel Mateos López as Vice President and Mr. Daniel Martín Hernández as Member, and this is stated in the minutes of the General Assembly. The Council cannot modify an agreement adopted by the General Assembly, which is the supreme body of the EUC Costa Esuri. There may be a contradiction in the Statutes regarding the appointment of positions, but Article 21 of the Statutes is of priority application.
6. Miscellaneous Points.
The minutes reflect a series of questions that the President supposedly asks the representative of the Guardianship Body. When the minutes themselves state that the representative of the Guardianship Body was not present at the meeting
The Council cannot, without the authorization of the General Assembly, dedicate our money to solving a lighting problem that is the responsibility of the City Council. We would be financing the City Council.
There is no “execution” of the first and second guarantees, but rather blocks of urbanization works.