TO THE MEMBERS OF THE RESIDENTS ASSOCIATION AND OF THE EUC COSTA ESURI

Dear Members of CERA and the EUC Costa Esuri,

Since the EUC General Assembly was held last October, I have not posted any comments. I wanted to avoid boring you or being repetitive – which would be easy to do because these issues are not fun and I do not know if many members are interested in hearing about them on a regular basis. However, I think the following might be of interest to you:

The EUC’s Governing Council has announced to us on their website that the next Assembly meeting will be on 31 March, if nothing prevents it from going ahead in these times of tribulation. It is an improvement that they have announced the meeting well in advance this time so that those owners who do not usually reside on Esuri can plan their participation or at least the delegation of their vote/s to a proxy.

The current Governing Council elected at the last Assembly is responsible for preparing the Agenda for the same, formulating the Report for the financial year ended, the Budget for the year 2022 and the Annual Accounts for the year 2021. The Ordinary General Assembly meets in the first quarter of the calendar year. It is the highest deliberative body of the EUC and meets to monitor the management carried out by the Governing Council during the past year and to approve, or not, as the case may be, the Report and Accounts of the last year and the Budget for the year 2022.

I take this opportunity to insist that the Governing Council elected at the last Assembly be prudent and scrupulous in the agreements it makes for the direction, management and administration of the EUC, to observe and comply with the Statutes and to ensure that its agreements comply with the object and purposes that the EUC has established in the said Statutes.

In the welcome message published on the EUC’s website, it states that the Ordinary General Assembly elected a new Governing Council in which Mr Daniel Martín Henández is cited as Vice President and Mr José Miguel Mateos Lopez as a Member … well, this is incorrect!

The Assembly chose a candidacy in which the Vice President was named as Mr José Miguel Mateos López and Mr Daniel Martín Hernández was a Member; that was the candidacy voted and elected by the Assembly, as stated in the Minutes of that meeting.

The President of the Governing Council may think that the change is not important, but it is very important because the Statutes say that the positions of President, Vice President and Secretary are designated by the General Assembly.

The members of the Governing Council may only designate the Treasurer or provisionally cover any vacancies that occur until the replacements are elected at a General Assembly to be held within a period of three months following the date of causing the vacancy.

It is important, because all the articles of the Statutes have the same validity and it is high time that we ask for and demand rigor. Why comply with some articles and not others? Who decides which ones are fulfilled or which are not? This is how it currently occurs and that some articles are not fulfilled. Why? If they are poorly written or impossible to comply with, they have to be modified. It is difficult, but they can be changed.

Until the appeals presented against the agreements adopted in the last Assembly are resolved, the Governing Council elected in the Assembly is entitled to exercise its functions, but I insist that the President give an explanation in the Assembly.

In its welcome message, an offer of transparency and efficiency, collaboration with the Ayamonte City Council, firmness in demanding solutions to the many shortcomings suffered by the residents of Costa Esuri and sharing the same objective with the residents and owners is made. We hope to count on the support and cooperation of the members of the EUC in this regard.

I already offered my support and collaboration in the summer of last year, and I am sure that there are many members of the EUC willing to collaborate and participate to improve things, except for isolated cases. The majority want the best for our Urbanisation, but good wishes are not enough to solve problems – you have to dedicate time and effort to solve them.

I think the EUC does this, but they do not explain their actions.

The Governing Council is the management and administrative body; the General Assembly is the supreme decision-making body and the Governing Council is in charge of carrying out the decisions of the Assembly.

For everything to work well, it has to be perfectly coupled and greased. It is achieved through dialogue, listening to the neighbours who comment on problems, respecting different opinions, proposing solutions that seem most convenient and finally (when it is necessary to vote on these matters) having a democratic and transparent voting system in place.

The Governing Council must prepare the Assembly, with enough time to render accounts, debate the Memory, the Accounts, the Budget and the remainder of the points of the day. If you read the Minutes of the previous Assemblies every year, many questions are repeated due to lack of information. We want to know the CENSUS of voters and those who CANNOT vote. We also want to know the participation co-efficients assigned to the parcels. Otherwise there are no guarantees of a fair and legal vote.

We want to know:

(1) that the votes delegated by representation are correct and truthful;
(2) that the counting of the votes be carried out in the Assembly or with sufficient guarantees of non-manipulation;
(3) that the results of the votes are correct according to the sums of the assigned participation co-efficients;
(4) that a Report be presented in writing, with the actions and vicissitudes that occurred in the year, which reflects the management carried out and that it be submitted for the approval of the Assembly;
(5) that the documents that make up the Annual Accounts, the Balance Sheet, the Income/Expenses Account and the Report are prepared and presented in compliance with the accounting principles and criteria of the PGC and the corresponding adaptation;
(6) that the information is complete, clear and truthful;
(7) that the figures for the 2020 financial year be presented in the documents for comparison;
(8) that the Budget is realistic, based on current contracts and the experience of previous years in terms of extraordinary expenses, reflecting the actions that the Governing Council plans to carry out.

Regarding the requested AUDIT which it seems the Council is willing to support, it is time to include it in the Agenda of the Assembly. The members of CERA and the EUC want to know who are the debtors of the EUC. There are procedures available to give this data and maintain personal anonymity in compliance with the Data Protection Law. They cannot say that, because the LPD protects the processing of the data, not the data itself, it distinguishes some personal data especially protected, but does not protect the data or the treatment of them of legal entities, such as commercial companies. In addition, given the conflict of rights, TRANSPARENCY and ACCESS to information are priorities.

I do not want to continue further at this stage mentioning other important issues. I will participate to give my opinion on the issues and contrast other different opinions with data and reasoning. I will respect those who have opinions different from mine. I can also make mistakes! I want to collaborate with the proper functioning of the EUC and CERA, exercising my rights and respecting those of others.

Until 24 February, the Minutes of the last Meeting of the Governing Council, which was held on 2 February, have not been published. More than 20 days have passed. This is not transparency!

Thank you very much for your time and attention. Best regards,

Francisco Tapia Catalan
February 24, 2022

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