The General Assembly of the EUC Costa Esuri was held on 30 March, 2022 and the Minutes were published on 31 May, 2022. A link to the full Minutes is set out below.
After taking more than two months to draft and publish the Minutes, our general comment on the drafting is that it is rambling and lacks clarity in reflecting what actually happened during the meeting.
In addition to this general comment, some specific errors are shown below.
- It is said that the session was opened by the President, Mr. José Luís Redondo, “with the rest of the members of the Governing Council,” and cites: Mr. Victor Hugo Rodríguez Palma, representative of the City Council, Ms. Manuela Carro Rodríguez, Secretary of the entity, and Mr. Daniel Martínez Hernández as a member of the entity, excusing the absence of Mr. Juan Carlos Martín Santos.
- Reference is made to the “Board” instead of the “Assembly” (it is not the same thing) and also “board” of the Governing Council when it should refer to “meeting”.
- Four members of the Governing Council are mentioned (the representative of the City Council, separately). Let us recall that five were elected at the General Assembly of 29 October 2021. What about Mr. José Miguel Mateos, elected Vice-President on 29 October, 2021?
- Mr. Daniel Martín Hernández is mentioned as a member of the EUC board, contradicting the Council, since it has been maintaining in the Minutes of its meetings of February and March 2022 that he was Vice-President. (We welcome this belated rectification, which is the result of the appeal presented by CERA before the City Council).
An explanation is given on this in Point 2 of the Minutes and in the President’s Report, admitting that Mr. Mateos resigned at the first meeting of the EUC’s Council following the Assembly, that is, at the meeting of 17 November, 2021. Neither in the Minutes of that meeting, nor in those of 2 February, 2022 and 9 March, 2022, is this resignation reported. Not only is there concealment of information, in line with the attitude of the EUC’s Governing Council, but once again the Council is in breach of the Statutes, Article 27.2 of which requires an election within the following three months. This should have taken place at the General Assembly of March 2022.
It should be pointed out: The Governing Council modifies the Resolutions of the General Assembly (which it has no power to do), conceals the resignation of the elected Vice President for four months and does not submit the position to election, as required by Article 27.2 of the Statutes.
The reason why we are raising funds to challenge these actions is because the Governing Council does not respect the Bylaws and cannot be allowed to continue to do whatever it wants.
Other relevant errors:
- The total co-efficient of attendance is not given, which is not correct because it prevents checking whether the votes on the proposals are in accordance with the co-efficient of owners attending the meeting.
- Mr. Miguel Ángel Paredes Fernández, the owner of Plot 28.27, is not recorded as being present at the meeting. Curiously, he does appear as representative of other owners.
- Conversely, Mr. Pablo Sánchez del Mazo appears as being present on behalf of the Community Albatros II, which is not the case – he granted his representation to Mr. Miguel Ángel Paredes.
- Mr. Carlos García García appears as owner of Plot 28.26, when in fact this plot is now owned by his wife, Ms. Concepción Díaz Sánchez, who assumed ownership upon the death of her husband. This was reflected in the Minutes of an earlier AGM held on 29 October, 2021. At the current AGM, she gave her proxy vote to Mr. Miguel Ángel Paredes Fernández.
- Francisco Tapia Catalán, owner of Plot 22.42, is present, but it is not indicated with what co-efficient.
- The votes in the different proposals do not match.
- There are important errors in Point 6 when reflecting the report of the representative of the Town Hall. It is said that Martinsa-Fadesa subscribed to an agreement with the Town Hall for 794.000€ for all the urbanisation works. We know this is not true. The true figure is 4.260.000€. Has this disappeared?
- In Point 7 of Any other business, it is said that the contract with Construya cost 734.151,16€ and, curiously, a bidding document is being prepared to tender green areas for a very similar amount (734.159,67€).
- It is said that Annexes I, II and III are attached to the Minutes, but they are not published – this information is an integral part of the Minutes.
- Again in Point 7, Any other business, it is said that the contract with Construya cost 734.151,16€ and that the works carried out were received in October 2021. So, who is now responsible for the roads, trees, etc.?
There will a meeting of CERA with the City Council scheduled for 14 June, 2022. We will try to obtain clarification on these and other outstanding issues.
We will also publish a separate specific report on the whole accounting and budgetary issue.
Below is the results of the voting on the three items of the Agenda, as shown in the Minutes of the AGM:
3. Approval of the Accounts for 2021.
4. Approval for an external audit of the Accounts.
5. Approval of the Accounts for 2022.