Statues Of Mi-Sol Park in English

Salvador Perepérez Solís 1C1051677
N o t a r y

No. 660/78




CERTIFICATE

AT THE REQUEST OF
Dona Sarah Lena JONES,
ON BEHALF OF

"MI SOL PARK, COMMUNITY OF OWNERS"

1C1051677
Class 7

NUMBER SIX HUNDRED AND SIXTY.

IN TORREVIEJA on the twenty-sixth of April of nineteen hundred and seventy-eight.
Before me, Salvador Perepérez Solís, Notary of this City and of the illustrious Association of Valencia, there APPEARS: Mrs. Sarah Lena JONES Née DONOGHUE, adult, of British nationality, married to Mr. John Jones, Vice-President and Secretary of the Board of Directors of “MI SOL PARK Community of Owners”, Resident at 15, Little Thrift, Petts Wood, Kent (England), and with British Passport No. 898921 A.
She participates in her aforementioned position of Vice-president and Secretary of "MI SOI PARK Community of Owners", Tourist Camp located in Torrevieja, the area of La Loma, and for the purpose of carrying out the decisions adopted at the Meeting of Owners of the aforementioned Community on 13 November 1977 and the Board of Directors of the same on 25 March 1978, as results from the certificate issued by herself, as Secretary, which is attached to this original.
In my opinion she has a legitimate interest for this requirement; and by virtue of this she makes these DECLARATIONS:
That she requires that through this instrument I should legalise the Statutes of "MI SOL PARK Community of Owners", which she has handed over to me and are recorded after the aforementioned certificate, including along with this certificate eight pages issued on the front side only and signed by her, which were approved at the aforementioned Meeting of Owners. And I, the Notary, accepting the request, legalise the aforementioned Statutes, which are attached to this instrument.
By her choice I allow the party appearing to read this entire instrument and the attached documents, and finding them in order she accepts and signs them with me, the Notary, and to all of the above, issued on this single folio of Legally Stamped paper, I bear witness. = S. L. Jones = Signed and Sealed: Salvador Perepérez. Stamped with official approval.



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ATTACHED DOCUMENT.
I, Sarah Lena Jones, née Donaghue, Vice-president and Secretary of the Board of Directors of MI SOL PARK, COMMUNITY OF OWNERS, certify:
That in the minutes book for which I am responsible there appear the minutes of the Meeting of Owners summoned and held in accordance with the formalities provided for in the Statutes and by Law on 13 November 1977, at 12 noon and at the second summons at which, inter alia, the following resolutions were duly approved:
1.) The appointment or renewal of the Board of Directors, with Mr. Ivan Henry Myall, being appointed President and the undersigned Vice-President and Secretary.
2.) To change the name or title of the camping area, which will henceforth be called "MI SOL PARK, COMMUNITY OF OWNERS", abandoning the previous name of "Mi Sol Caravan Park".
3.) To approve the new Statutes, which will regulate the Community of Owners, which are the ones which are transcribed below, recording that such Statutes were unanimously approved in accordance with the first norm of Art. 28 of the same, since the owners were properly summoned and the agreement adopted by those present was reported authentically and in detail to those who were not present, because they were all bound by the agreement, which is enforceable since the period of one month has passed since the notification was sent, without anyone having declared an objection or disagreement, I likewise certify that by virtue of the decision of the Board of Directors of the aforementioned Community, at its meeting of 25 March 1978, I was designated, because of my positions, to issue by myself the appropriate certificates and to appear before a Notary to request legalisation of the Statutes approved by the Meeting of Owners referred to above.
And for the record I issue the present certificate in Torrevieja, on 25 April 1978. - S: L. Jones.
I.) GENERAL PROVISIONS.
Art. 1. – MI SOL CARAVAN PARK, Community of Owners, is a tourist camp of a private nature, duly delimited and fitted out to facilitate living in the open air, and in which people will spend the night in army tents, living trailers or any other similar elements which are easily transportable. It is located in Spain, Alicante Province, specifically in the district of Torrevieja, previously Orihuela, the area of La Loma.
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Its boundaries are established in the 1:1,000 scale drawing previously referred to, legalised on 4 January 1973 and identified by the number 5.
Art. 2.- The plots making up the camp constitute a community of owners, each one including a single and exclusive right of ownership to the area which is sufficiently delimited, which is its respective plot and at the same time, co-ownership with the other owners of the elements, appurtenances and common installations and services of the camp. It will be governed by these Statutes and by the decisions of the Meeting of Owners, and insofar as provided for in them, by Law 49/1960 of 21 July, to the extent that it is applicable to the specific nature of this community of owners.
Art. 3.- Its infrastructure, that is to say its installations and services, will have, as a minimum, the conditions established by the Ministry of Tourism and Trade for this kind of camp.
Art. 4.- The camp will be intended for the exclusive use of the owners of the plots and persons who by virtue of a real or personal right have the use, enjoyment and utilisation of the same, their relatives and persons accompanying them. The Meeting of Owners may resolve by a majority vote that the camp may be used by any other person, for a price, under the rules governing lodgings in a public tourist camp, in which case the norms of the Ministry of Tourism and Trade for this kind of enterprise will be observed. The Meeting itself, when adopting the resolution, shall approve the norms of use of plots capable of being used by the public. Owners of plots who have not attended the Meeting and those who have voted against the decision, shall retain the utilisation, use and enjoyment of their plot under the rules governing private tourist camps, being exempted from the higher costs caused by the carrying out of the Meeting's decision. At any time they may accept the decision of the Meeting, paying the part corresponding to their plot in the aforementioned expenses.
II) RULES GOVERNING PLOTS
Act. 5.- Each owner has the single and exclusive right of ownership of his plot, but no works or constructions of any kind may be carried out on them. Only army tents, habitable trailers and any other similar elements which are easily transportable may be set up on them, to facilitate living on it in the open air in the manner proper to a tourist camp and the only possible use.
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The Meeting of Owners may resolve on a voluntary or obligatory basis that sunshades or other fixed installations with a similar purpose should be installed on plots, at the expense of their owner, or that plantings of ornamental and shade trees and shrubs should take place, it being required in all cases that the conditions previously established should be complied with, and that they provide propriety and harmony in the field.
All owners who wish to carry out any of the modifications mentioned in the preceding paragraph must report the fact to the camp's Management, which will inspect these works in order to avoid possible breaks in water or electricity conduits and, in general, in order to see to the carrying out of norms on this matter contained in the present Statutes. Exception is made of the plot on which shall be located, inter alia, private installations and services such as supermarket, restaurant/bar, cafeteria and kiosks, and on which will be erected (whether or not they are on the plan, or different from them) the fixed and permanent constructions necessary for such services or other purposes which, as the case may be, their owner may freely apply and modify, and on which shall be carried out the profit-making activities proper to said installations. On the plan the above plot is the one which is irregular in shape, and is identified by the names of newspapers, food shops, bar, restaurant, and the one where swimming pools and other installations are indicated.
Art. 6.- Every owner may freely transfer his plot, without any right of priority purchase existing in favour of the other owners or of the community. Transfer will not release him from the obligations he has contracted with respect to the community and are awaiting performance. Transfer of the plot will of necessity include the co-ownership of the common elements, installations and services, which constitute their inseparable annex. The provisions of the preceding three paragraphs shall also apply to the setting up of real and personal rights on the plot. Transfer of plots and the setting up of real and personal rights must be reported, by registered letter, to the Board of Directors, for it to become effective vis-á-vis the community of owners.
Art. 7. -.Plots are indivisible; but on the other hand, they may be grouped with adjacent ones.
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The lodging capacity of each plot will be determined by the ratio between its area and the number of campers at it, according to the norms fixed by the Ministry of Tourism and Trade. Plots are fifty, sixty and seventy-five square metres in area, with the exception of the one provided for in the last two paragraphs of Article 5. each one being specifically that shown on the plan of the field and the purchase title of the owner.
Art. 8 - The owners' obligations shall be:
1) To respect the common elements, installations and services.
2) To observe proper diligence in the use of the plot and common elements, installations and services.
3) To be responsible for and compensate damage which may be caused to the community and other owners and accompanying persons through their own actions, those of their relations and accompanying persons, as well as those of persons to whom a real or personal right has been granted which gives entitlement to use of the plot.
4) To keep the plot in a good state and the conditions which are decided upon at any time by the Meeting of Owners, carrying out any works on it which might be necessary at their expense.
5) To permit essential access to the plot for the installation repair or modification of common services.
6) To contribute to general expenditures for proper maintenance of the field, its services, taxes, charges and responsibilities which are not capable of being assigned individually.
The plot of each owner will be allocated to payment of these expenses and this credit in favour of the community will have priority over any other, although third parties acquiring the plot or those who acquire any real right over it, or those obtaining attachment notices in their favour will only be responsible for the said expenses occurring during the last year and the part due of the current annual payment, without prejudice to the personal liability, as the case may be, of the owner of the plot.
Expenses will be deemed as general which are not imputable to one or several plots, without the non-use of a service providing exemption from performance of the corresponding obligation.
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7) To devote the plot solely and exclusively to the purpose provided for in these Statutes. It is categorically forbidden to carry out any other activity on it, and, of course, those which are immoral, annoying, dangerous, which cause discomfort, are unhealthy or are of an agricultural, industrial or commercial nature except, with regard to the latter, as provided for in Article five. Nonperformance of this obligation will give rise to a warning to the owner or, as the case may be, the occupant of the plot. If the owner or occupant fails to heed this warning, the Meeting of Owners may prosecute and through judicial proceedings obtain deprivation of use of the plot against the former and those who are with him. Such deprivation shall be fixed at the discretion of the Judge for a period no greater than two years, depending on the seriousness of the offense, without affecting other proprietary rights and the obligations of the owner. The Meeting will also have a case against an occupant who is not an owner to obtain eviction by the Judge or termination of the contract, as the case may be; but it may only exercise it when the owner has not done so within the reasonable period fixed for him in the authentic injunction.
8) He will not be able to obstruct normal use of the common elements, installations and services by the community and other users.
9) He will not have animals of any kind which are loose.
10) He may not carry out jobs or any work in the common elements, installations and services, although it may be in the community's interest. Only in case of pressing urgency, or in order to avoid imminent damage may he do so, reporting this immediately to the Administrator.
11) He will immediately inform the Administrator of any action or event which may cause damage or loss to the community or to another owner.
12) He will allow the carrying out of works within his plot which are necessary for the installation, repair and preservation of the common elements, installations and services.
13) Other obligations established in these Statutes, and in resolutions of the Meeting of Owners, and in current legislation, and those which result from living together and mutual respect or respect of one's companions.
Art. 9.- Occupants of plots who are not owners and the holders of real and personal rights must comply with all obligations which may be imposed on owners to the extent that they are compatible with the use and utilisation and nature of their right and with the exception of those which, because of their contents, only affect ownership.
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III) RULES GOVERNING COMMON RIGHTS, INSTALLATIONS AND SERVICES:
Art. 10.- Common elements, installations and services shall be as follows:
the streets or roads of the camp, intended for traffic; the ground; the woodland; the toilet facilities; washing place kitchen sinks; the building intended for reception and first-aid station; the drinking water, telephone and lighting Installations, the services dealing with surveillance, the collection of rubbish, the collection and delivery of correspondence; and any other necessary for the suitable use and enjoyment of the field. The plot and constructions where the Bar, Restaurant and Supermarket are located shall not be common but rather will be private property.
Art. 11.- No owner may require new installations, services (or) improvements not required for the suitable preservation and inhabitability of the field.
Art. 12.- The common elements, installations and services may not be used to the benefit of properties and persons outside this camp, if it is not with the express consent of the Board of Directors or, in its absence, the Administrator of the Community.
Art. 13.- A percentage of common elements, installations and services, in the total value of the camp and in the general costs, corresponds to each property in a percentage equal to that of the others, whatever the area of each. With regard to this, it shall be as provided for in the decisions of the Meeting of Owners with regard to the joining up of two or more plots. The contribution corresponding to the plot, constructions and buildings indicated in the last two paragraphs of Article five shall be that which would correspond to all average-size plots which, approximately, would fit in it.
Art. 14.- Owners and users of plots may not, without justified cause, be deprived of the use and utilisation of the same, as well as the installations and services for the enjoyment of the community, but those who may wish to make use of the said installations must pay the additional contributions which the Meeting of Owners may decide with regard to the same and by way of maintenance.
Art. 15. - While the community of owners continues to exist, the common elements, installation and services are indivisible as are access ways to the plots which make up the camp.
IV) ORGANS OF THE COMMUNITY OF OWNERS
Art. 10.- The Organs of the Community of Owners are: a) The Meeting of Owners;
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a) The Meeting of Owners:
Art. 17.- The Meeting of Owners is the Supreme Organ for forming the collective will. It may be Ordinary or Extraordinary.
Art. 18.- With the exception laid down in the last paragraph of Article 4, decisions of the Meeting of Owners, duly summoned and constituted and adopted by the quorum provided for, are obligatory for all owners, even those absent and dissenting.
Art. 19.- The Ordinary Meeting shall take place during the fourth quarter of each year and its object will be to approve and criticise the management of the other organs of the community, the balance-sheet, the profit and loss account and the report for the financial year, as well as to fix the amounts which owners must pay to the community for payment of general expenses, as well as additional contributions under the heading of individual consumption of water and electricity, for those plots which use these services. Matters within the competence of the Extraordinary Meeting may be included on the Agenda of the Ordinary Meeting.
Art. 20.- The Extraordinary Meeting shall be summoned by the Board of Directors when it considers it necessary and, in any case, when it is requested by a fourth of the owners, or a number of the latter representing at least a fourth of subscriptions.
The Official Summons will be made by the Board of Directors and, in its absence, by those calling for the meeting.
Art. 21.- The following shall be within the competence of the Extraordinary Meeting:
1) Appointment and removal of persons who are to make up the other organs of the community.
2) The duties which are to belong to each one.
3) Alteration of the common elements, installations and services, alteration of the structure and shape of the camp, amendment of these Statutes and the fixing of new subscriptions for supplementary services and plots.
4) Dissolution of the Community of Owners.
5) Any other matter which may be submitted for deliberation and decision.
Art. 22.- The Meeting of Owners will meet in Spain or outside of Spain, subject to the decision adopted at the Meeting immediately preceding and shall of necessity be summoned fifteen days in advance, stating the place, hour and date of the meeting and matters included on the agenda.
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Notice of the Meeting shall be sent by registered letter, sent to the domicile which each owner has previously reported for such purpose or, in its absence, to the camp itself. In addition, it shall also be published, with the advance notice indicated, in the newspapers of the city of Alicante.
Art.23 - 0wners of plots, which are recorded with the Board of Directors and those who by pubic deed .justify their right to the Meeting of Owners itself may attend the Meeting of Owners.
Owners may confer their representation in writing and specially for each Meeting.
Art. 24.- The Meeting shall be chaired by the President of the Board of Directors and the person who is secretary of the said Board shall act as such of the Meeting.
Before decisions are adopted, the list of those attending who are present and represented shall be drawn up.
Art. 25 - .If a number of plots belong to the same owner, the latter shall be entitled to a single vote. Holders of real and personal rights shall not be entitled to vote.
If any plot should by undivided ownership belong to several persons, the latter shall of necessity appoint one representative to vote at Meetings.
Art. 26.- Decisions of the Meeting shall be reflected in a Minutes Book, numbered and stamped by the District Court of Torrevieja or processed by the Notary of this city. Decisions shall be drawn up after the Meeting or at the latest within thirty days, and they shall be signed by all owners present who wish to do so and, in any case, by the members of the Board of Directors who were present or, in their absence, by the Secretary and President. If more than two opinions have been produced at the Meeting, and at the request of anyone amongst those present, the Meeting will designate one owner to sign for each of them.
Art. 27 - The Meeting may take place at any place different from the place which had been agreed and without the need for a notice, if all owners are present and unanimously decide to hold it.
The Meeting itself shall regulate its functioning in matters not laid down in these Statutes.
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Art. 28 - Decisions of the Meeting of Owners shall be subject to the following norms:
1) The unanimity of those present for the validity of those implying an alteration of the structure and shape of the camp and the common things, or amendment of the rules contained in these Statutes. Owners who, having been duly summoned, did not attend the Meeting shall be notified in an authentic and detailed manner of the resolution adopted by those present and if within a period of one month as from the said notification they have not declared their disagreement in the same manner, they shall be regarded as bound by the decision, which will be executory until the said deadline passes unless their agreement is previously declared.
2) For the validity of other decisions, the vote will suffice of the majority of the total of owners present who, in turn, represent the majority of participation shares.
If a majority cannot be obtained at the first notification because of a lack of attendance on the part of the owners, the Meeting shall be postponed until the hour fixed in the second notification, in which case decisions adopted by a majority of those attending shall be valid, provided that the latter, in turn, represent a half plus one of the value of shares of those present.
When a majority cannot be achieved by the procedures established in the preceding paragraphs, the Judge, at the request of the party pleading, in the month following the date of the Meeting and hearing both parties, after a summons has been given, in court, shall give a decision in a fair manner within a period of twenty days, counted as from the petition, making a judgment on the payment of costs.
3) When owners representing at least a fourth of participation shares believe that the decision of the majority is seriously prejudicial to them, they may appeal to the Judge, to decide on the legality of the same. The Judge's decision shall be executory and non-appealable, without prejudice to the right of the parties to bring suit in the courts insofar as they may be entitled to.
4) Decisions contrary to Law or to the Statutes shall be objected to before the judicial authority by any dissenting owners, but the decision shall be provisionally executory unless the Judge orders its suspension. The suit must be brought within thirty days as from the holding of the Meeting, even though the person objecting may have been absent.
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5) The Judge competent to take cognizance of the disputes to which numbers two and three of the present article refer shall be the District Judge of Torrevieja
b) The Board of Directors:
Art. 29 - The Board of Directors is the organ of representation, administration and management of the Community of Owners and shall be made up of a President, Vice-President, Secretary, Treasurer and a minimum of two Members (1 and 2)
Art. 30 - Members of the Board of Directors must of necessity be owners and their appointment shall be for a maximum term of Three years and they may be re-elected indefinitely.
By way of exception, renewal of the first Board of Directors shall take place in the year of its appointment only with regard to the Vice-President, Treasurer and Member No. 1 (or odd-numbered Members) at the Ordinary or Extraordinary Meeting to be held once a year has passed from their appointment. The first renewal of the positions of President, Secretary and Member No. 2 (or even-numbered Members) shall take place at the Ordinary or Extraordinary Meeting held in the year following the preceding renewal. Subsequent renewals shall take place in this same partial manner, with new offices being appointed at the Ordinary or Extraordinary Meetings held the year following the Meeting at which they were appointed.
Art. 31 - The Board of Directors shall meet whenever it is summoned by the President and, in his absence, three of its members, subject to notification five days in advance (except in cases of urgency). The notification to meetings of the Board of Directors may be made either by registered letter or by telephone, if the circumstances so advise, without its publication in any newspaper being necessary. The Board of Directors may also meet in accordance with the first paragraph of Article twenty-two with regard to the place of its holding. Previous notification shall not be necessary if, all members of the Board being present, they unanimously decide to hold it.
Art. 32 - Minutes of all meetings of the Board of Directors shall be kept in a Minutes Book, validated for such purpose, which shall be signed by all those present. Decisions shall be made by a majority of those attending and in case of a tie, the President shall have a casting vote.
**It is to be proposed at the 1981 AGM that the maximum term of
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Art. 33.- The Board of Directors is responsible for actions of management and administration of the common elements, installations and services, the powers which the Meeting of Owners has conferred upon it, the preparation of the balance-sheet of profits and losses, the report for the financial year and judicial representation as broad as may be required in law.
Art. 34 - It is up to the President execute the decisions of the Board of Directors and of the Meeting of Owners, except when the Meeting itself designates another member for such purpose. The President may delegate and grant special powers to another member or to the Administrator of the Community, if this should be necessary for the carrying out of the decisions ordered by the Meeting (or Board).
Art. 35 - It is up to the Secretary to take care of the documentation of the Community and to issue, with the approval of the President, a certification of decisions of the Meeting of Owners and of the Board, and other documents and records which are in his possession.
c) The Administrator or Manager:
Art. 36 - The Administrator or Manager may or may not be an owner and shall be appointed by the Board of Directors for the period and with the powers which the Board itself may decide, and the latter may decide on his dismissal at any time. He is responsible for .watching over the normal running of the camp, its installations and services; for this purpose to give the appropriate warnings and summonses, seeing to preservation and maintenance, ordering ordinary repairs and as to extraordinary ones, adopting urgent measures, reporting immediately to the Board of Directors, carrying out decisions adopted with regard to works, keeping the books, making payments, and collecting money which may be in order.
Art. 37 -The Administrator or Manager is the only organ of the community which receives remuneration and his payment shall be that decided upon by the Board of Directors. His existence does not exclude that of other persons such as watchmen, gardeners, etc., to whom the Community of Owners is linked solely by a work relationship.
V) LEGAL PROVISIONS:
Art. 38 - The financial year shall begin on 1 April of each year and shall end on the following 31 March.
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The balance-sheet, profit and loss account and report for each financial year will be prepared by the Board of Directors during the third quarter of each year and always thirty days before the holding of the Meeting for whose approval they will be submitted.
Art. 39 - Owners may at any time request certification of decisions of Meetings of Owners and the Board of Directors, or information concerning accounts and documents and other records of the Community. The balance-sheet, profit and loss account and report shall be at the camp at the disposal of the Owners for their examination for fifteen days prior to the Meeting.
Art. 40 - For all matters which may arise between the community and owners, the Courts and Tribunals of Torrevieja shall be competent, with a waiver of litigants' own jurisdiction.
Art. 41 - The Meeting of Owners shall, at the appropriate time, decide upon the internal norms and regulations of the camp.
Art. 42 - These Statutes are obligatory for all owners of plots, present or future. In any deed of transfer, sale or encumbrance, the purchaser, or the person in whose favour any right is constituted, shall be required to accept them and will be obligated to carry them out, without which requirement the community will not recognize him as the holder of transferred or constituted rights.
Art. 43 - The owner or owners of the plot referred to in the penultimate paragraph of Article 5, and of those proceeding from it, may divide them up and make separate parts or groupings with them. The subscriptions of the new plots they form shall be determined in accordance with the second paragraph of Article thirteen.
VI) TRANSITORY PROVISIONS:
Art. 44 - The "MI SOL CARAVAN PARK" camp consists of two phases, according to a design whose promoter was D. Justo Antonio Quesada Aniorte.
It is the wish of the Community of Owners not to add other plots, as a consequence of a possible expansion, to those already existing in the last design of 4 January 1973, whose numbers are: from 1 to 404, both Inclusive; from 407 to 600, both inclusive, from 601 to 635, both inclusive; and 643; 649; 652; 656; 660; and 674. With numbers 601 until the last one mentioned as yet uncompleted.
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However, the promoter may at any time submit the design to the Meeting of Owners for a possible expansion to be subject to its approval. All pages are signed and stamped.
IT IS A COPY of its original which, with the number indicated at the beginning, appears in my general records for this year, where it is noted. And for "MI SOL PARK, COMMUNITY OF OWNERS" I issue it in seven class 7 sheets of paper, series 1C, 1,051,677 and the six following numbers in order, in Torrevieja, on the day of its granting. I SO ATTEST.- (with confirmation of corrections made in the text).
(signed and stamped)