MI SOL PARK COMMUNITY OF OWNERS, TORREVIEJA SPAIN.
PRESIDENT Mr. J L Jerez. Flat 14, 30 Harley Street, London W.1
SECRETARY Mrs. S L Jones, 15 Little Thrift, Petts Wood, Kent BR5 1HQ (Orpington 30187)
TREASURER Mr D J Price, The Junipers Annexe, South Town Road, Medstead, Alton,
Hants. GU34 5ES (Alton 63785)
21st June 1982
Dear Owners
This Newsletter comes to you under the direction of the three main members of the Mi Sol Park elected Council. It is our duty to write to tell you of the latest development which affects all those who have not yet signed their escritura (deed). It does not affect those you have signed or those who have bought from an owner who has a registered deed in his own name.
We, your Council Members, were deluding ourselves that this year was to be a fairly uneventful one until we received notification from Spain that the Ex President, Mr Ivan Henry Myall had decided to revoke the Power of Attorney he gave last year to those persons elected to represent you in the elected positions of President, Secretary and Treasurer. He appears to be of the opinion that we are not acting in your best interests and by his action has now completely (but only temporarily we are sure) blocked our authority to sign your deeds.
Enclosed, with this letter is a quickly translated copy of his declaration because we think it imperative that you should have this information as speedily as possible. Please note, he says that it is in his interest to revoke the powers; not in yours to allow then to remain.
We have to say here that if Mr Myall signed a private document with Sr Quesada (father or son?) on 30th May 1979 he did not disclose it or any information about it at any Monthly Committee Meeting or Annual General Meeting after that date. All the Minutes of the Monthly Meetings bear his signature and if such an omission had occurred he most definitely had the opportunity to place an amendment at the next Meeting, he was still President of the Community at that time and did attend the Meetings.
We are of the opinion that Mr Myall has taken this action as a retaliatory measure because the Secretary of your Community has begun an action through the Court to reclaim plots 357, 358 and 360 from Mrs.Myall and Sr Angel Garcia Bello. We learned that as recently as October 1981, long after we had bought and paid for the site Sr Justo Quesada Aniorte drew up an escritura for these plots in the names of Mrs Myall and Sr Garcia. We are aware too that other escrituras have been drawn up for other plots in the names of various other people.
WE AND YOUR LEGAL REPRECENTATIVES CONSIDER THIS TO BE ILLEGAL. WE INTEND TO TAKE WHATEVER LEGAL ACTION IS REQUIRED TO SEE THAT JUSTICE IS DONE ON YOUR BEHALF, IF THAT IS YOUR WISH.
It appears that instead of occasional squabbles with Sr Quesada who although some times difficult was always prepared to listen to reason we now have to cope with a trio of very vindictive people who are interested only in themselves and have no thought for the Community as a whole. We are well aware that it was Mrs Myall's intention when she went to live in Spain to take over what she was pleased to call "the housekeeping of the site". This would have been an ideal situation if she had been prepared to work with and not against your elected Council Members. Remember that Sr Garcia Bello was manager at this time and he was to be, we do not doubt, sitting in the "passenger seat". We can understand Mrs Myall's disappointment at not being allowed to have her own way (after all her husband appears to deny her nothing) we can also understand the animosity of Sr Garcia because we dismissed him for, mis-guidedly, deciding to go his own and Mrs Myall's way instead of following the instructions of the Community's representatives. It seems too that Mr Myall who once claimed to be "a manipulator of men" is now himself being very cleverly manipulated. We cannot understand why he and Mrs Myall who worked so long and so hard for the good of the Community have changed and now range themselves alongside the trouble makers and non payers.
It seems that from the time Mr. Myall used his position as President to obtain from Sr Quesada the unfinished building, now completed as a villa, both his and his wife's attitudes changed. He announced his intention to resign as President of the Community after the Contract of Purchase and Sale had been completed only informing the Council Members after the deal had been completed - we are told too that never has the Registration of an escritura been rushed through so quickly as that one was. We repeat here the statement made previously that neither Mr nor Mrs Myall have made any contribution to Community Funds in respect of Annual Fees for the villa or for the use of water and(Page2)electricity from the time the building of the villa commenced.
We are aware that during the time the villa was being built Mrs Myall occupied one of the flats over the supermarket but paid no weekly charges - we are aware too that the workmen employed to build the villa made very free use of the chalet on plot number 503; the Norchal chalet was full of cigarette ends, empty tins and bottles and the plans of the villa were left behind when the workmen left. This could not have happened without Mrs Myall being aware that one of our chalets was being used in this way, after all she was living directly opposite.
To date we have interfered very little in the lives of Mr and Mrs Myall and Sr Garcia although the latter two have at times caused us considerable trouble and embarrassment. However those days are over and we are no longer prepared to sit back and live and let live. We intend to use everything in our power to make a quick end to this situation but we must have the backing of the membership or we will do what our "friends" in Spain would like us to do and that is to give up. We have never before asked you to boycott the supermarket - we do that now because every peseta you spend there keeps our enemy in business. We have never before asked you not to speak to Mrs Myall or Sr Garcia about site affairs - we do so now; we are tired of rumours, lies and having to correct information which is 3 years out of date. We have at last been forced to say "If you are a friend of Mr or Mrs Myall or Sr Garcia you are acting contrary to your own and Community interests" You must choose now where your loyalties lie. We are sorry if this causes you problems but they cannot be as bad as the ones we have had to tackle on your behalf.
We also enclose with this letter a copy of a report of a meeting held in Spain at which some of the non-paying Spanish owners were present. Here I must say, that we have some Spanish owners who do meet their commitments even, like us, grumble at times but pay up anyway. This report, however, pales into insignificance against the blow we have been dealt by Mr Myall but it is very important that you should know the thoughts and feelings of other members regardless of their nationality. Legal action is being taken against them and we will keep you informed of developments.
Mr Price will be at Mi Sol Park from 27th June and Mrs Jones and Mr Jerez are holding themselves ready to go to Spain at a moment's notice if necessary. We hope Mr Myall will stay in Torrevieja and be prepared to face us over this. If we cannot resolve the matter it will be necessary for us to call an Extra Ordinary General Meeting and you will be advised of the date of this when we have taken legal advice. At that Meeting we would expect you to elect a new President, Secretary and Treasurer if you have no confidence in your present ones. Mr Myall will be invited to attend the Meeting to explain the reasons for his actions to the Membership.
Mr Price has not had time to prepare properly any details of separate income and outgoing monies connected with land sales but Mrs Jones has quickly listed income and expenditure. Lists will be drawn up for the use of our lawyer and will be carefully checked with Mr Price on his return from Spain. Mrs Jones calculates the following:
Total income from sale of land at Mi Sol Park (U.K. Sales) 20.453.00
Monies already contributed to the 1979 Loan Appeal Fund and used as
full or part payment for land plots 2684.38
Repaid from 1979 Loan Appeal Fund Loans
Mostly to Owners who left the Community 1389.38
Not all Owners paid Land Transfer Tax sent to Spain
to cover deficit 6524.70
Part payment of Lawyer's Fees 892.90
Currently held in the Deposit Account 8961.64
20.453.00
Pesetas
Received in Spain 558.200
page 3
pesetas
Received in Spain in pesetas 558.200
Cost of repairs to Sewerage Treatment Plant 415.096
Paid to Procurator (Final payment for registration
of Site Escrituras) 90.000 Part payment of Lawyer's Fees 53.104
558.200
Mrs Jones intends to compile a complete list of names and amounts paid by Owners for the purchase of land and this will be carefully checked by Mr.Price on his retum from Spain at the end of July. It has been decided to make of copy of this list available to any owner who asks. PLEASE SEND A STAMPED ADDRESSED ENVELOPE PLUS 121/2p to cover the cost of photocopying. This is the list which will be presented to our lawyer. If there is any difference in the breakdown of expenditure this will also be shown for the information of our members.
Not all our news is bad and Owners on the whole are satisfied with the condition of the site and the way the office is being run. However I must point out that the hours posted on the office door are the hours which Mary Jerez is actually employed to work. The burden of collecting post, banking monies, taking Police Cards every day to the police station, going to the Town Hall, Judge's Chambers and any other outside duties fall on her shoulders at the moment so the office will sometimes be closed. We are sorry for any inconvenience it may cause you during your holiday and we hope to rectify this very soon.
On the subject of completion of Police Cards..Spanish Law requires that a form is completed and failure to do so could mean trouble with the local police for you. It is the responsibility of every owner and visitor to see that these cards are completed and at the same time weekly dues should be paid. Owners are very lax about these payments which have to be made. If you do not wish to pay in Spain pay in the U.K taking the receipt which the Treasurer will give to the office to show that you have paid. After all this time there are still visitors who claim that the owners have not told them that there are charges to pay on site. This is unfair both to the visitor and to your staff who have to try to collect money from them.
WE REMIND YOU
1. That a key to your property should be held in the Mi Sol office
2. That you are responsible for the payment of Wealth Tax to the Spanish Authorities as soon as you enter into a contract to buy.
3. That owners who pay monies to mobile home builders do so at their own risk and cannot expect the Council members to intervene when things go wrong. We have always agreed to hold monies for owners and pay when a UNIT IS ACTUALLY SITED.
4. Annual Fee payments were due on 1st April 1982 - payment is required NOW if you have not already paid. You should present your Membership Card when you pay your weekly charges as proof that you have paid.
5. There are still a very limited number of Bar Restaurant shares available at £100 each. Applications to Don Price please.
NOTICE T0 BAR RESTAURANT SHAREHOLDERS
Mr. Ivan Henry Myall has been asked to relinquish the resposibility for the signatory for the 49% of the Bar Restaurant Shareholding in favour of Mr. Donald John Price immediately. This decision was taken at a Committee meeting of Bar Restaurant Committee Members held on 20th June 1982. A letter has been sent to Torrevieja by registered post; if we learn that Mr Myall has left Spain we will send a letter to his home address.
Signed J L Jerez President
S L Jones Secretary
D J Price Treasurer
NOTICE OF INTENT
If our legal advisers tell us that it is in our interests to call an Extra Ordinary General Meeting you will be notified of the date and venue.
Page 4
TRANSLATION A DECLARATION MADE BY THE EX .PRESIDENT OF MI SOL PARK, TORREVIEJA
MR IVAN HENRY MYALL ON 15th JUNE 1982
In Torrevieja my residence 15th June 1982 before me Carlos Sanchez Marcos; notary of the Illustrious College of Valencia states Ivan Henry Myall, of full age, employed, married to Joyce Matilda Myall of English nationality resident in Hitchin, Hertfordshire, 14 King George Close with Passport number P241365C. He has in my judgement the necessary legal powers of this escritura and HE PUTS FORWARD
Firstly that on 8th June 1979 before the notary of Elche, Don Joaquin Tenas Casajcana under the numbers 1290 and 1293 the judicial record of the said gentleman Don Justo Quesada Aniorte drew up a public escritura of Purchase and Sale in the favour or Ivan Henry Myalls, Sarah Lena Jones and Donald John Price for two parcels of land which are described in the written authority which is hereby being revoked. And in the said escritura they figure in a personal title; the truth is that the purchase was made for the benefit of the Community of Proprietors of Mi Sol Park, paying the price with amounts derived from the proceeds of obligatory and voluntary amounts.
2 On 24th June 1981 before the same Notary with the number 1005 of tho protocol, the declarant jointly with Sarah Lena Jones and Donald John Price granted powers in the favour of the gentlemen who will carry the responsibilities of President, Secretary and Treasurer of the Community of Proprietors Mi Sol Park based on the power indicated in the mentioned escritura in relation to the plots aquired by virtue of the escritura mentioned above.
3 With the said powers they are acting and avoiding all possible responsibilities in not notifying owners of all incoming and outgoing amounts which come about from such sales. It is in the interest of the declarant to revoke all powers which form part of the above mentioned until such time as the relevant account of the parcels sold indicating the numbers and the persons acquiring from the "copeto con le provisto" on the private document dated 30th May 1979 drawn up between the declarant and Don Justo Quesada.
4 And this requires me to go to the office of Camping Mi Sol Park situated in Calle Madrid no. of this city and I notify the persons who actually hold the positions of President, Secretary and Treasurer of the said Camping of the revocation of the powers explained in relation to the second part of this document.
ATORGA
That he revokes the repeated power agreed to before me on 24th June 1981 with the protocol number 1005 and this requires me to give notification of the said revocation expressed in number 4 which requires the said gentlemen to give to me the authorised copy of the said powers. In this way, the declarant declares that he chose, read and approved and signed with me this escritura.
To draw up a document by Public Instrument extended on 2 folios de clase octava serie ID No 4.7770.685 and of the one we now read at the moment I the Notary, approve.
Mr.Myall . ..... Signed and sealed ....... 0 .. Carlos Sanchez.
ES UNA COPIA SIMPLE
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