Mi-Sol Park Comunidad de Propietarios,
C:/ Villa Madrid, Torrevieja, 01384, Alicante
966.444.490
Saturday. 05 June 2010
Dear Mr. Morans,
The committee has received the letter. There seems to be some confusion, on your part, with regards to the time-line of the problems with the Pool. As such the committee will outline all the problems that the community has faced.
The pool problems found by the underwater diver during the summer of 2009 were agreed to be undertaken after the season was over so the summer was unaffected.
During said time, we halted the further outstanding payments. The contractor stated that we needed to pay the remaining amount before he would undertake the repairs necessary. After a lengthy debate it was agreed to withhold the amount calculated and verified for the cost of water to refill the pool.
It was stated in a committee meeting that we would have to have paid the outstanding balance before legal action could be sort.
Therefore we paid the outstanding balance less the calculated cost of the water, and the contractor came to repair the pool after it had been emptied.
Jeff returned to the pool to start cleaning it, and complete the necessary maintenance, replacing the hand rails, painting the area, when he noticed that the repairs had not lasted, and further problematic areas had begun.
We immediately tried to contact the contractor to no avail. We tried numerous occasions to contact him on all the telephone numbers we had; we also visited the office. Unfortunately the office had moved and the landline number no longer worked.
Jeff continued to try to contact the contractor he finally got through. The contractor said he would come down on the Friday. Unfortunately after the call Jeff realized that it was a fiesta on the Friday, but unsurprisingly he did not turn up.
After further attempts to come, he ended up in the Ukraine and wouldn't be back until after Easter. On receiving this news, and the opening date looming, we contacted the lawyer to seek her professional advice. We have to follow the advice in case the community decide to take legal action if and when possible.
She stated that we would have to wait for him to arrive to fix the problem; otherwise we would not just have lost the guarantee but would have had further expense. She advised to obtain a report from another company outlying the necessary repairs.
The report was received and being such an amount the committee could not authorize the cost without a precedent. The refore the only solution available was to replace the broken and damaged areas of tiles and refill the pool for the summer season; the report and authorization would come from the A.G.M.
Jeff worked tirelessly on the pool in rain and shine trying to get the pool finished, and was asked by D. Olive if he wanted help. Thanks to the both of them they managed to finish the job.
During the final days, after L. Jimenez had returned from the UK, an advert was received that stated they could re-fill pools more economically to tanker the water in than to fill from the domestic tap.
The company came whilst the duo were still undertaking the tiling; more coming up on a daily basis. When they asked what the m3 of the pool, the treasurer told him the amount stated by the original contractor, 350m3.
The tanker man stated that the treasurer was incorrect, and after doing some quick calculations stated that the pool was more like double calculated.
Once the price for each tanker was received [80,00 € per 12,000 ltr (1000 ltr = 1m')]. It was therefore determined that it would be cheaper and faster to fill the pool from the tap (as returning to the tanker depot, refilling, then returning to Mi-Sol and emptying. Not to mention the fact that the boss said that 1 tank full would only give you a small puddle]. This was started by Jeff.
Due to the fact the water for the pool comes of the main feed, we inevitably loose pressure when the tap is opened. We therefore had to come up with a schedule (published) that would appease both sides of the complaints being received. [Complaints due to lack of pressure and complaints due to the pool not being filled quick enough]. The committee was between a rock and a hard place. Inevitably the water level rose at a lethargic pace, but after speaking to the chemical company we contacted them when it was the level was reaching the skimmers.
The chemical company came on the Friday to get the equipment tested and initiated. The chemical company advised the pool to remain closed until they gave the go ahead. As they are the professionals we adhered to the advice. The information was posted on the blog and relayed to the tenant by Jeff-
Pool Update
Th« pool is in the process of being filled, and should be finished shortly.
The chemical company has been and carried out their preliminary tests, and are filling the pool with chemicals ready for their final inspection. We will notify residents of the opening date.
Pool cards will be available from the office when the pool has been officially opened.
■
The information was also posted in the pool notice board.
Unfortunately some residents ignored the advice of the chemical company not to mention the governing body of the community who had not officially opened it, and went swimming, having the terrace gate opened for them (Who had a key?). The community decide on the opening date of the pool authorised by the A.G.M, but due to the fact the pool was supposed to be ready for the May and the Easter holidays only fell short due to the time constraints with the contractor.
The information you published on your chalk board is untrue. The committee never locked residents out of the pool, as the gates were never opened officially to start with. The chlorine level never registered - that doesn't mean that the levels are safe. It means there is no chlorine present, the levels should be correct before being used.
The second notice to be published on the blog and in the notice board -
Friday 21 May 2010
Pool Notice
We have been told by our authorised chemical company not to open the pool until they have advised us that the chemicals are at a safe level for bathing.
SOME RESIDENTS HAVE DEC1DED TO IGNORE TH1S ADVICE.
The committee therefore cannot take responsibility- for any consequences.
Posted by MisolPress AT 9.41
Paco tried to change the lock for the terrace gate, as a second unauthorized key was about, but was only able to chain the gate shut, as the pool was still not officially opened, but still people climbed the terrace wall, after being let in by the bar on to the community terrace which you arc allowed to use, but with responsibility.
Due to the constant use of the pool over the weekend and after a phone call to the chemical company, they stated that the damage had been done and that the pool might as well be opened.
During this time Jeff was still maintaining the Pool, after the onslaught of people whilst he was undertaking the decision of the governing body regarding the installation of the "trellis" [once there but been removed] (which he informed the tenant of beforehand). Unfortunately after the constant barrage of complaints over the many weeks due to the problems with the pool that the current committee had nothing to do with (and we are only trying to sort out the problem), he resigned on the Sunday.
Due to the problems during the last week the committee needed to arrange cover for the refilling of the Pool. The treasurer contacted the gardener and as authorized asked him to refill the pool as and when needed. As we had asked for the quote from the maintenance company, but unfortunately we were still waiting, and due to the ongoing question with credits, we were unable to arrange cover internally.
As the pool was not supposed to be open for another couple of days the committee was still obtaining the quotes for the cleaning of the toilets, showers and pool terrace area. Baring in mind the timeframe of Jeffs departure to the time the maintenance people started.
We would remind you that the pool was opened before the committee was ready; we arc only now trying to finish sorting out the mess of the last week. The notice currently in the box docs not state that the pool is unsafe, it is the final notice put up (please see previous note).
The notice will be taken out as soon as possible, bearing in mind the fact we have only 3 members of the committee here.
The estimate was received for the general cleaning on the Tuesday and S. Shaw authorised the estimate and asked them to start on the 15th. As the pool has been used S. Shaw agreed to ask them to come and start sooner.
The terrace was cleaned this morning 3rd of June and the rubbish has been emptied. We have been given a list of items to be obtained; these will be got by Saturday.
Thank you for shutting the children's pool off due to the fact that the water had gone green, the pumps and chlorine machines have been on since the machines were switched on; remember that a timer was installed last year. During the weekend the unmistakeable sound of the chlorine machine, injecting chemicals, could be heard coming from the pump house.
The chemical company came on the Monday 30th of May, and the water was back to normal.
L. Jimenez spoke to the treasurer regarding the pool on the Saturday, she said T. Greenhead was mentioned to clean the pool, she asked for the keys to be dropped off, but after checking he wanted to be paid. For this reason the treasurer contacted S. Shaw for her authorization, but she felt it best to leave it to the experts, and to close the children's pool temporarily.
A committee member stated to the committee during the meeting on Wednesday 26th of May that she had to come and tell you how to read the chlorine tester kit.
If the pool has been filled with normal drinking water it would have minimal trace amounts of chlorine. Considering the amount of water in the pool, over 700m3, and the fact that they only started filling it up the day before, it is no wonder the chlorine level wasn't registering, not the fact it was too high. Even your witness said that the pool should be left to settle for at least 72 hours before being used. The fresh water has no protection from the bacteria deposited by all users, human or not, not to mention the sun and heat.
The committee understands that as you arc running a business and you need to make a profit. The committee is here to serve the needs of the community, but bear in mind the demands of making a profit. The committee shares no bias against you, even though people perceive this, if you actually look back over the ideas or decisions regarding the bar from 2009 to date you can sec that we arc not as you say "trying to get you out of the bar", to the contrary
1. All the committee wants is for the bar to be run legally, which means having the correct licenses pertaining to running a business and a bar. This was unanimously agreed on by the committee. This is not just beneficial for the community but also for you. We remind you that this is a legal requirement is most European countries not just Spain. Applications should be applied for immediately; rather than in the final part of your 5 year contract.
2. We have obtained a quote for a new toilet block to be built for the bar. we arc taking into consideration your request to let residents decide who runs the bar in September, as you should have you license by then.
3. We were agreed to try and reduce the cost of your electric by investigating the possibility of having a new line installed by Iberdrola, but we have been waiting for your payment if wanting to continue from when you returned from holiday. Not only did you receive a letter, L. Jimenez asked what was happening not to mention Jeff He spoke to the treasurer after being told "I can't talk to any of the committee" - the treasurer told Jeff that we were waiting for the payment to be made, as per the instructions of the committee, before authorizing the electrician to undertake the necessary inspection, which he passed on to you. We have only just received the payment.
4. We undertook monthly readings, at your request.
5. The committee audited your account, after your request, and agreed with the discrepancies, therefore a credit was issued.
6. The Presidency granted you extra powers to remove aggressive or violent users of the terrace.
7. The committee is planning to create a new childrens' playground, closer to the bar making it more accessible and safer, previously authorized.
8. The committee was taking the bar into consideration when residents propose entrance security.
9. The committee were in favour of keeping the sun-loungers as your domain rather than returning to the community as before.
10. The committee was pondering the idea to move the library to the petanca pitch, read a book and have a coffee!
11. The committee was interested in your suggestion of building a function room, if agreed by the A.G.M.
12. The committee was pondering to turn the old childrens' playground and basketball court into a grassed green zone, with a kiosk and terrace area, which could be incorporated into the bar.
All the committee and community ask for is that all of you licenses and certificates arc in order, and you adhere to the signed contract.
The problems that have persisted regarding the pool were unpredictable and not preventable; we understand the inconvenience we all had to contend with, but the timeframe was out of our hands. Not to mention the drop in the number of visitors due to the volcanic ash clouds from "Eyjafjallajokull" in Iceland.
You are not the only community tenant, and we have a responsibility to think of the all residents before tenants, although your letter is duly noted.
The committee would like to remind you that in the contract you signed it clearly states that you have no rights to the pool, but arc allowed to use the community terrace which you bear the responsibility for as well as the people who are using it, as you arc opening the gate to let them in. [Otherwise the terrace could have been opened with the pool as in previous years preventing people from climbing into the pool from the terrace].
We hope that this letter can clear some of the confusion, as per your request a copy of your letter along with the committees' response, will be published on the official blog.
Yours Sincerely;
Mi-Sol Park Committee.
S. Shaw p. Hopkins (TREASURER)
L. Jimenez
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