Proposed Soutions

As we have previously stated this is a sub community matter first and foremost and although it has impacts on the community, it is not the community directly impacted. The Community of owners does not own this land and does not need to be involved going forward on any proposed solutions.

In terms of your sub community role then again we need to be very clear that you should not confuse or impact in any way the directions of the sub communities and overall community. This is why despite requests to you to not involve the general community in these matters, you refused and clearly told us that Resortalia could not do anything until the Resort Committee had reached an agreed position. At that time on the 17/6/2013 we clearly informed you that there were a conflict of interests and that you could not appropriately represent our owners in these matters. I cannot see any reason for any change to this viewpoint to date.

To be very clear we represent a number of owners that purchased their apartments off-plan and at that time including up to when contracts were exchanged/completed, where there have never any mention of a compound area for workers which we would directly look at both from the front and rear of our apartments in some cases.

We are well prepared to seek the necessary local court injunctions either individually as owners or collectively as majorities within a number of sub communities. These matters are clear injustices that have to be corrected immediately.

We believe the workers compound is a visual eyesore, is a health and safety hazard and materially affects the valuation of our properties and their rentability.

We have been working very closely with the HRGR Community of Owners Committees over a number of years firstly to establish whose land it was and then who had permission to be on this land and for what approved usage.  We have minuted agenda items on every Tomillo 5 Sub Community AGM and EGM held over the last 3 years specifically to cover these points. There are also key actions raised at the HRGR Community of Owners Phase Presidents meetings

The outcome of all of this work is very clear is that this is local authority land and the current workers compound should not be there. It should be located on the infrastructure areas clearly marked on the resort planning permission maps.  We had hoped to continue the established dialogue with the Committee however their banning of us rather late in the day after clearly agreeing a sense of direction in the May 2013 minutes means that no future dialogue is possible at this time with the Committee. This only came about as we informed them legally that they held legal positions within the community and accordingly needed to action the minutes that they all approved.

If and only if the current ban is removed and a clear statement made by the committee that they are prepared to work to correct the current injustices of our owners then we would be prepared to listen to suggestions from them.

However, in order to move this position forward, we are as clearly stated directly with IRM and STV in the emails from us, prepared to work a solution which is beneficial to our owners as well as the contractors using this facility. This will then allow the Committee to concentrate on their material matters that are substantial if the community is to survive.

These measures to be assessed directly with us with the contractors could include:

1.       The relocation of the current workers compound
2.       The relocation of certain contractors, their tools, vehicles, workshops and rubbish
3.       Potential sites within the community and resort that could assist improved health, safety, accommodation and living requirements for the workers within the resort
4.       The relocation of the garden and golf course skips
5.       The potential improved screening and roof screening of the compound so that it would not be visually from any of our apartments
6.       The agreed opening and closing times of the new, existing and relocated compound
7.       The noise from these activities
8.       The measures to ensure health and safety standards are complied with for the benefit of all workers and all of our owners
9.       Measures to reduce the sandy dust blown into our apartments

We would suggest to all contractors that there are sizable buildings next to the pro-shop in the town square/centre which could be converted into rest facilities. The car park is also available all around these facilities and an improved screen could be erected if required to hold infrastructure, vehicles etc.  In addition, there are two clear areas within the resort which are earmarked as infrastructure which could be used straight away especially for the smelling garden and golf course grass cuttings.

Accordingly, we would prefer to address Enrique Herrero from IRM and the corresponding general managers from STV and the other contractors directly on these matters.

I therefore suggest that Jim and I will send an email to Enrique on Monday outlining the above. I am prepared to take into account any email input you may want us to consider in these exchanges however I cannot guarantee that all of this will be included.

If we do not receive a reply to this email by midday on Monday, then we will still go ahead and communicate with Enrique the background to date and our proposed solutions.

Jim and Lucinda

Sub Community President

HRGR Community of Owners