NOTES TO THE MINUTES OF THE EUC GOVERNING BOARD MEETING HELD ON MAY 18th, 2022

Below is a series of comments from Sr Tapia regarding the above board meeting of the EUC.

The original minutes can be found on the website of the EUC (link below)

LINK HERE

Composition of the Governing Council.

The Governing Council insists on considering Mr. Daniel Martín Hernández as Vice President, according to the agreement adopted by the Governing Council on 17 November, 2021, the same day that Mr. José Miguel Mateos (appointed Vice President in the General Assembly of October 2021) resigned, according to the statement made by the President of the Governing Council in the General Assembly of 30 March, 2022, and stated in the Minutes of the same.  This fact was not reflected in the Minutes of the meeting of the Governing Council of that day and Mr. José Miguel Mateos appeared as a member in the Minutes of the following meeting of 2 February, 2022, which he attended.

 Mr. José Miguel Mateos did not attend the General Assembly held on 30 March, 2022 and the subsequent meetings of the Governing Council, so it must be understood that the resignation has been total. In any case, it is not up to the Governing Council to appoint the Vice President from among its members. It is up to the General Assembly. This could have been done at the last General Assembly, but it was not until that day that the resignation of Mr. José Miguel Mateos was reliably known.

I consider that the Council has very seriously breached the Statutes of the EUC to cover the resignation of one of its members; I have appealed this action before the City Council and they have not resolved the challenge.

 

  1. Auditing

It is unacceptable that the Governing Council and the Administrator do not keep  details of the accounts of the members of The EUC. The management of the collection of the maintenance fees is carried out by the SGTH (Gestion Tributaria). They should account for the collections made. Each property in Costa Esuri must have an account to reflect the charges and payments that correspond to them. This information should be readily available with a clearly defined audit trail throughout the process.

The accounting is the responsibility of the Governing Council of the EUC and, to assist them, they have hired an Administrator. How is it that they do not know the Agreement with the SGTH and what each member of the EUC has to pay and when they pay it?

They say that they are going to ask CERA what the cost of the audits will be, another example of their incapacity and inefficiency!

3. Illumination of the access road

It is good that the EUC is interested and has asked the City Council for the illumination of that section, but it is something that is not the responsibility of the EUC, and the City Council has no obligation to do this. However, if they put in the street lights, it is only right that they should work. They have been talking for years about this, but without results. The City Council will fix it … when they want to.

4. Repairing the playgrounds of Costa Esuri

The EUC states that they are being fixed according to the budget approved by the Council. The budget is not included in the Minutes of the meetings held on previous dates, nor was it presented at the General Assembly on 30 March, 2022.

I have asked the Governing Council for information on the budgets that were approved, the contract they have formalised and the cost of the works, but to date they have not given me the information.

6. Votes of the General Assembly that do not fulfil the requirements to be valid

In the EUC commentary, they indicate that some votes cast in the General Assembly did not fulfil the requirements (the documentation to validate that a neighbour-member of the Entity has the right to vote) and the EUC says that they consider them valid on this occasion and that “for the next Assembly the neighbour who does not bring or deliver the necessary documentation will not have the right to vote”.

This action seems to me an  arbitrary and serious irregularity. The EUC gives themselves the right to decide which vote is valid and which is not. It cannot be allowed that there are improper votes, no matter who they are. The current Statutes, whether they are well or badly drafted, must be complied with; if they cannot be complied with, they must be changed.

The EUC has taken two months to publish the Minutes of the Assembly (and no one was notified. No one was allowed to attend the vote count. It seems to me that the correct thing to do would have been that, if on the day the votes were counted it was noticed that any of them could be incorrect, the member of the entity or his representative should have been notified and given ten days to correct the deficiency or lack of requirements, otherwise the vote would have been considered invalid. All this should have been reflected in the Minutes of the Assembly. Only I appear in the list of attendees, with zero participation coefficient, which means no vote.

The people who attended in person or were represented that do not appear in the Minutes of the Assembly and consider that they had the right to vote, should challenge the Assembly and its resolutions.

This detail reinforces the appeals presented against the resolutions adopted at the General Assembly and I consider it important to make this known to the Trusteeship Body (the City Council) as a continuation of the appeals.

7.  Other Business

I think it is good that the EUC is interested in having a multipurpose Civic Centre on the urbanisation and to request it from the Town Hall, which has plots in the urbanisation for social use.

I do not think it is right to consider the possibility of buying a plot for this purpose and to build the Civic Centre with EUC funds, because the day that the City Council (or the Courts) decides to assume the maintenance and conservation of the urbanisation, the EUC will have to be liquidated and the possession of the plot and what is built on it can be a problem. In addition, everything built on public land will go to the City Council. Other areas of Ayamonte have social centres supplied by the Town Hall.

It is not the responsibility of the EUC to buy plots and build on them, even if it were approved in an Assembly. The agreement could be challenged and would most likely be annulled. 

F. Tapia.

30 de julio de 2022

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