Dear fellow owners,
We would like to provide some updates regarding Sunset and our comments on Ivalina Parusheva’s email. We kindly request that you go through the entire newsletter. We appreciate your patience.
We will be sending out another newsletter early next week with information from our solicitor.
Firstly, the ETA case on roof charges is currently awaiting a decision. It may take a couple of weeks, and we will keep you informed once we receive any updates.
We have received multiple emails from various owners, with the latest response coming from EVN. Based on these emails, it is evident that Sunset Resort was established as a single entity for power connection. EVN has confirmed this fact. It is important to note that the owners are not the sole investor, but rather these were signed contracts with Sunset Resorts investors. Therefore, the bills received are not the responsibility of the owners. It is incorrect for Iva or Manol to claim that these bills are solely the responsibility of the owners which is incorrect.
EVN email to owners see our comments in bold
Complex “Sunset Resort” was connected to the electricity distribution network in 2005-2006 as a single site, according to the request submitted by the investor (BOYAN BONEV not owners) / contracting authorities, which are indicated in the construction documents. The joining was carried out at the boundary of the property, in accordance with the regulations and the wishes of the investor (BOYAN BONEV not owners) and the contractors of the construction. In this regard, “Electrical Distribution South” has fulfilled its obligations to connect the site to the distribution network. This is also confirmed by KEVR’s inspections of the company based on customer complaints in 2016, 2020,2021and 2022. (By REQUEST OF SRIOC) Each of them concluded with the decision that “Electric Distribution South” had connected the site according to the approved construction papers and contract with the investor(BOYAN BONEV) What happened was a violation of both the law and the energy act. It should not have occurred, considering our apartments are strictly residential. Thus, from the point of view of “Electrical Distribution South”, this case study is not an energy one, since the company has provided power up to the property line of the “Sunset Resort” complex, in accordance with the application for joining and complying with the legislation in the country. This is also the connection point for every citizen with property in the complex who wishes to become a customer of “Electric Distribution South”.
In cases that represent a complex co-ownership of buildings, engineering and technical infrastructure, changing the technical conditions for joining is permissible only after the written consent of the owners of the independent objects in the complex and the owner of the technical infrastructure in the landed property. For this purpose, it is necessary for the applicant of the service to have the relevant documents, construction documents and projects, sketches, right-of-way, easement rights, according to national legislation, the Territorial Planning Act and the accession procedure, which are relevant for all customers. (Our case is being taken to the EU by the SRIOC as the following statement does not comply with the Energy Act in Bulgaria or the EU.) The matter mentioned above was challenged in the high court and was ultimately successful.
Here are our thoughts on the email sent by Ivalina Parusheva comments in bold.
Dear owners,
I hereby wish to inform You regarding the current state of the complex and about the separation of the individual measuring of the consumed electricity and water for each one of us, the consumed electricity and water for the common parts and the commercial premises in the building of Sunset Resort.
Regarding Water and Sewerage Company: You received detailed information from me in March of 2023 regarding the procedure for the separation of the water meters, the necessary taxes and documents which are required by us the owners.
The liability towards the Water and Sewerage Company until 27.02.2023 is 39342.03 leva.
We are aware that the bill covers the apartments previously included in Sunset’s rental pool. Our curiosity lies in the whereabouts of the funds collected and what happened to the payments made by the residents who have already settled their utility consumption. We also wonder about the commercial units, which seem to have been overlooked.
There is a daily communal fee charged to the apartment owners in Sunset Resort for their personal consumption, which is significantly higher than the direct connection fee. This raises the question of how the excess money is being utilized. The management team of Sunset Resort oversees the amenities such as swimming pools, spas, restaurants, commercial showers, and toilets, and is thus responsible for settling the bills related to these facilities.
On 22.05.2023, I conducted a meeting in the town of Plovdiv with the managers of ‘EVN Electrorazpredelenie YUG’ JSC, ‘EVN – Elektrosnabdyavane Yug’ JSC, and ‘EVN Trading Southeast Europe’ JSC.I was accompanied by two experienced lawyers in the EVN matters.
Were you not informed by the experienced solicitors that these bills do not belong to the residential owner of Sunset Resort? So, it is not clear why you are assuming the role of a debt collector for Boyan and EVN.
The conclusion of the meeting is as follows:
- Separation of the electricity meters for each real estate and for the common parts of the building is possible (Agreed)
- The procedure required technological time for a technical survey, coordination, approval, and execution. At the moment, this term and the expenses for that can’t be determined. A team of lawyers and technicians must participate in the process. (Agreed)
- The unification of all owners and Boyan Bonev for the execution of the necessary actions regarding that is mandatory. According to Bulgarian and EU law, individual owners have the right to a direct connection, so it is not necessary for all owners to agree.
- The liability of the complex until 25.05.2023 is 794151.67 leva + 21328.98 leva
Total liability: 815480.65 leva /I remind You that the amount was 736608.71 leva until 20.12.2022/
We ask ourselves the same question: WHO WILL PAY THE LIABILITIES?
Could you kindly review the EVN and VIK bills that you sent? It is stated on the bills that the liabilities belong to the employees of Boyan Bonev as follows. Please ask your experienced lawyers who owe these bills.
We are sure they would agree it is the following people.
SUNSET UTILITY EOOD
1, CHAYKA ST.
8200 POMORIE
e-mail: maria@sunsetresort.bg
Attn.:
TODOR VELIKOV PANAYOTOV
The position of SRIOC: They do not wish to pay their ММ fees for the years 2021 and 2022 (the collected funds are to be used to pay off the debts). The efforts they exert to shift the owners’ focus away from quickly solving the problem confirms it. The statute of limitations for the collection of their debts by court cases according to Bulgarian law is 3 years, i.e. in 2024, it will not be possible to collect any debts for the year 2021 via a court case.
Our experienced solicitors, over the years, have previously explained that the aforementioned is legal, as well as Article 51. We assume that your solicitors have also shared this information with you. The law also prohibits us from funding companies that do not provide proper documentation for their expenses and deposits. Furthermore, we have discovered that there is no condominium account set up, which is also mandated by law. We understand that you recently spoke with Boyan about collecting outstanding bills and a million euros to open the resort. Perhaps you could ask Boyan about the funds collected for roof charges in ETA during your next conversation. In addition, we kindly ask you to request the bank account details for all management and maintenance fees paid to Kondo EOOD by owners, including Sunsets Commercial contributions. It is great that you are promising Boyan such support.
We understand that your estate agency relies on Sunset opening, and while a quick fix may be suitable for you, it is not the best solution for us until all owners are connected to independent utility connection.
It is obvious that they wish to appeal all the decisions of the General meeting of the condominium, including the latest ones as well. They buy time so that their liabilities can be terminated due to the limitation period. Boyan Bonev has appealed the latest AGM as well.
You were requested to add our members to the management council and controller board for transparency, but you declined. Furthermore, the AGM agenda included plans to pursue legal action against owners for unpaid MM fees even though they invoked Art 51 which is the law and to take responsibility for EVN and VIK bills, even though they are not registered under our names.
As indicated in our previous newsletter, the information still remains the same.
Our solicitor has advised that we should appeal all decisions of these buildings except for one agenda point, that being on EVN direct connection.
Item 11. Adoption of a resolution to start the procedure for opening individual accounts/files for the Condominium building with cadastral identification № 57491.509.24. in Sunset resort, individual accounts/files for the apartments/ independent units in the building and individual accounts/files for the common parts of the building, for the purpose of reading the actually consumed electricity and water by each independent unit and common part, as well as mounting of individual measuring devices.
We can always change our minds on this further down the road if a compromise can be reached with all parties involved in Sunset.
We have to protect all owners, so no more unjust rules, regulations and costs are put into action in Sunset Resort until all owners receive direct utility connection.
Then ALL residential owners will be able to use their apartments without being blackmailed into paying for bills that are not fully theirs, or utility bills charged at commercial rates when in fact all owners should be charged at residential rates which is a much cheaper rate.
The position of Boyan Bonev: On 29.09.2022, we were informed where he stands with a Letter from the e-mail: management@sunsetresort.bg sent to us – the owners /please, read the letter again/. It was officially announced in article 6 of that letter that Mrs. Ivalina Parusheva and SRIOC have conducted meetings with Boyan Bonev and the two parties have different visions about the future operation process in the complex. No secret meetings, no secret arrangements… My position has always been the same – that individual contracts for management and maintenance are the only way to prevent the possibility of a denial of payment of the stipulated management and maintenance fees in these contracts. The procedure for collecting the liabilities by means of the court pursuant to the contract from the owners who don’t pay is short in terms of time and is very effective. The procedure disciplines, I assure You.
Even more now, when it is clear that the separation of electricity and water meters will take time, the contract is the only option through which the complex will operate simultaneously with solving the problem with EVN and the Water and Sewage company.
What Iva is discussing is a closed complex where all owners are required to sign a management contract with a company. Unfortunately, getting out of the contract is only possible through legal action, which has been criticized as a form of slavery. Long-time residents of Sunset will recall having to sign these contracts upon purchasing their apartments, only to later cancel them with the help of a solicitor because the management company failed to fulfill their obligations. Additionally, this arrangement eliminates the opportunity for owners to have a say in Annual General Meetings, leaving them voiceless and subject to a dictatorship. Therefore, we strongly decline this offer. Of course, Boyan would agree with this.
Until now, all my actions are directed toward the execution of that plan. We must unite at least 500 owners for the plan to be successfully executed. We have to pull Boyan Bonev to our actions. SRIOC to admit that funds must be paid for the maintenance of a complex in which they have a property.
No matter the company which manages the complex, its activity ought to be guaranteed financially so that the complex can look the way it used to look when each one of us bought their property: the swimming pools, gardens, security, indoor common areas…
We are in agreement that our goals could have been achieved if our members were accepted onto the control and management boards and if we had worked together instead of taking on bills that were not our responsibility. It is important to note that we are not accountable for Boyan’s swimming pools, as those are his personal property. We paid Boyan over 700,000 euros annually for a period of ten years to rent the properties across phase1 and 2, which was illegal, given that the money ought to have been spent towards maintaining the resort, as it was part of our MM fees..
The stipulated maintenance and management fees in the contract ought to be paid for the complex to operate until the moment of resolving the matter with the individual electricity and water meters of EVN and Water and Sewerage companies.
Covered above
And we’re back to the payment of the liabilities of the complex.
You will be able to contribute to the trust account for collecting the voluntary contributions /1000 euros for a 2-bedroom apartment, 800 euros for a 1-bedroom apartment, and 600 euros for a studio / to pay the complex’s obligations on the basis of a contract between me and each of you. For this purpose, I plead to each one of you who wishes to participate, to state that in writing via e-mail at sunsetresortowners@gmail.com. After that a contract will be drafted for you and you will be able to make a payment. The money will be collected for the payment of the liabilities towards EVN and Water and Sewerage companies, but only if all the conditions I described are achieved and we can have a guarantee that we will not get into a similar situation in the future.
The SRIOC operates with fairness and transparency, avoiding any dictatorial tendencies. Our aim is to work collaboratively and voluntarily towards securing equitable terms and direct utilities connection for ALL property owners. Iva, while our members are free to support your proposal if they choose to, we ask that you do not make the SRIOC accountable if some owners do not share your vision. Ultimately, it is up to each individual owner to make their own decisions in relation to Sunset.
If we do not reach an agreement on the overall solution to the problems in the complex, the funds from the Trust Account will be returned to the owners.
Regarding the financing of the activities for the execution of the plan I offered, each one of you must transfer the amount of 150 euro.
The two bank accounts are different. This way there will be complete transparency and accountability. You will receive the bank details upon signing the contract.
The deadline for payment of the contributions is 03.07.2023.
Who names are these accounts in?
Below please see a copy of EVN request for payment which we see the Iva, is now being copied The owners of independent units in Sunset
Resort Complex,
c/o IVALINA PARUSHEVA. It’s really amazing how generous Iva is being by taking on these bills. However, we’re still a bit confused as to why she’s doing it. Any ideas?
If Iva were to receive these funds, it could establish a precedent for future bill payments. It’s important to note that Iva and Boyan rely on us to cover these bills, as their businesses are dependent on it. Please take a look at the highlighted individuals responsible for these bills, as they are not associated with Sunset Resorts’ residential owners as owners do not have direct billing.
EVN
SUNSET UTILITY EOOD
1, CHAYKA ST.
8200 POMORIE
e-mail: maria@sunsetresort.bg
Attn.:
TODOR VELIKOV PANAYOTOV
CC:
The owners of independent units in Sunset
Resort Complex,
c/o IVALINA PARUSHEVA
Izgrev Complex, block 22, entr.2, 2nd floor,
apt. 4
8800 Burgas
e-mail: ip.bg@abv.bg
Contact: Atanas Kalinov
Telephone: +359 8828 34147
Date: 23.05.2023
Ref. No. TSEE-153
RE: Outstanding amounts for supplied electric energy to Sunset Resort Complex
Dear Ladies/Gentlemen,
In reference to the approach of the active summer season, we would like to inform you
that by the date of execution of this letter the amount due to “EVN Trading South East
Europe” EAD for supplied electric energy to the aforementioned site is in total of BGN
794 151.67 (seven hundred ninety-four thousand one hundred and fifty-one Leva
and 67 stotinki).
The aforementioned sum, besides the value of the supplied electric energy, includes the
due network services, taxes and interest for delay as of 25.05.2023, and, having in mind
the significant amount of the principle, this sum is increasing on daily basis.
We would like to remind you hereby that on the grounds of art. 123, par. 1 of the Power
Engineering Act we have requested the operator of the electrical energy distribution
network to temporarily suspend the electric energy supply for the site just because of the
nonperformance of the obligation of timely payment of all due amounts related to the
supply of electric energy, so that at present the complex is not supplied.
Please, bear in mind that if you pay the aforementioned sum, we shall forthwith request
the recovery of the electric energy supply, which could allow full value use of the complex
during the pending season.
Otherwise, we shall undertake the measures provided for by the law in view of collecting
said overdue debt.
Best regards,
Atanas Kalinov
Proxy of SD of EVN TSEE EAD