PLEASE NOTE WE WILL BE SENDING OUT ANOTHER NEWSLETTER EARLY NEXT WEEK PETITIONING THE MAYOR AND THE EU 🇪🇺
ON THESE UPCOMING AGMS.
Yet again the SRIOC states that all owners should check their facts before posting untruths on WhatsApp. Just because these posts say “it’s true” doesn’t mean “it’s true”.
The SRIOC sends out a newsletter with the information that the SRIOC supports and not on any other platform.
The SRIOC is swamped with tasks at the moment. We cannot and will not be putting out these stupid fires.
Now onto the real business.
As you are aware, at our owners meeting in Dublin and in our newsletters, we said we would work with all parties in resolving the utility issues.
We made it very clear that the utility bills owing to EVN (electricity company) and Vik (water company) are largely down to Sunset management, Sunset’s rental and Sunset commercial bills and not owners.
The SRIOC have been in touch with Iva and Petya from Elite homes (selling and rental agents of properties in Sunset Resort) a number of times by phone, text and email.
Below please see our recent email to them and their reply.
The SRIOC’s stance on Elite homes AGM is no doubt with Boyan’s support.
We cannot support this AGM for the following reasons.
1. We don’t support paying all the utility bills which are not ours.
Ask yourselves why Iva and Petya have put this on the agenda?
Not for the majority of owners. But only for one owner.
If owners support this AGM and pay these bills, they will still not receive direct connection and there will be no incentive for Boyan or EVN to do so.
They will just keep blackmailing us into paying.
If we get direct connection, we can use our properties all year round and pay for our usage. If Boyan stops paying his share of utility bills again then we will be cut off again. This way all owners need direct connection which is separate from Boyan’s commercial business supply.
We ask Iva and Petya to not give him the tools to do this. Don’t let Boyan win again!
It is pure madness to try and get a resort open this Summer with the Ukrainians and Russians not being able to travel.
The owners we represent will not pay anymore bills for Boyan Bonev’s companies and do not support this on the agenda.
Owners are happy to take the pain now and leave the resort closed until owners get control of their utilities.
2. On their agenda Iva and Petya give the right to take legal action against owners who don’t pay these bills. As stated, they are not our bills.
We would like to know who will be giving the financial support to take hundreds of owners to court?Elite homes we doubt that.
3.Iva and Petya want owners who invoked Art 51. to pay past MM fees.We can’t support this on the agenda either.
Sorry, this is the law as the Bulgarian high court ruled an AGM can’t change Art 51.
We believe Iva and Petya have done a deal with Boyan.
Boyan, offered us the same deal last March at our meeting in sofia and as recently as last September on the phone. Boyan wanted us to get owners to pay all their MM fees and the unpaid utility bills and then he might open the resort. This is Blackmail! The SRIOC refused this on the basis they are not our bills and Art 51 is the law.
Over the next week we will send copies to owners of what we offered in relation to budgets and MM fees to Boyan. We sent these in September 2021 and March 2022. He refused our proposal.
Why? Because he got others to do his dirty work for him.
We could win if Iva, Petya and the SRIOC joined forces.
This didn’t suit them, as they want to open the resort so they can sell your apartments at bargain basement prices.
Big profits for them and Boyan!
That’s why they have organised an AGM for April when owners can’t attend.
IMPORTANT OWNERS MUST COMPLETE THE FOLLOWING.
We now ask all owners to fill in and copy the text below and send by email to Ivalina Parusheva and Petya Mihova at the following addresses.
ip.bg02@abv.bg and
petya.mihova@gmail.com
copying in
srioc@hotmail.com
START COPY
To Ivalina Parusheva, Petya Mihova,
I would like to express my disagreement in holding a general meeting in April 2023.
Due to events taking place in the world, most of the owners from Russia and Ukraine will not be able to take part in this meeting. Since the next meeting will contain decisions that may affect the future of the resort and our property, we must allow the majority to take part in it.
The large proportion of the owners, to whom the fate of our complex Sunset Resort based in the European State of Bulgaria is not indifferent, are residents of Ukraine and Russia. Due to the current political climate known to all, a large proportion of the owners (50%) are unable to attend the general meeting planned for April.
People of Ukraine have a lack of means of traveling at the moment, owners from Russia are not allowed to travel. Owners from Ireland, rest or Europe and the rest of the World have no direct flights into Burgas until the Summer season begins, so would it would be problematic to represent their fellow owners from Ukraine and Russia.
I believe that a general meeting planned for April 2023 therefore, would compromise the position of the owners of deciding the faith of their apartments.
I request that the general meeting proposed for April should be cancelled and Moved to the Summer time or until online voting comes in, thus allowing all owners can vote.
(TYPE your own name and apartment number)
END COPY
Russian and Slovakian translation by clicking at the top of our newsletter.
Please below recent correspondence with Iva and Petya.
We have contacted Iva by text for a follow-up call but no response.
Iva and Petya,
Further to our email.
Petya, you stated that you know you can’t get the majority of owners on your own to win an AGM which we all know well.
Boyan said that he would bring his votes to support you, if you got enough owners onboard.
As the 2 main groups in Sunset of owners we can win an AGM without Boyan with the agenda below which can still be discussed further.
So, why not wait for a couple of months when online voting should be voted in, in Bulgaria?
This means no need for poa’s and for the paying of solicitors or owners not needing to travel to Bulgaria to carry their vote.
We will then be able to get the majority without Boyan.
This way all owners will have their say in how they want their resort to be managed.
We really don’t understand what the rush is to open Sunset this year as most owners would rather take the pain now and get the problems sorted correctly without jumping back into Boyan’s bed again.
Our group, as well as many other owners with whom we communicate, want the complex to work this season! Our plan provides such an opportunity! If Boyan takes our proposals positively, we will avoid appealing the decisions from his side!
Online voting is a dim prospect. The law needs to be changed. We have not had a functioning Parliament for 1.5 years now. It is not known if we will have one soon. Only the Parliament can change the law! The majority do not want to wait for this moment! When the changes become a fact, we will take advantage! Now we have to work according to the current rules!/
Your agenda is exactly what Boyan wants and is not in favour with what owners want. That’s why we can’t support your agenda.
We agree to revise the agenda, but the additions and amendments must be thoughtful, clear and feasible. You cannot support the budget because you think it is in Boyan’s interest. If this is the interest of the majority of the owners, will you support it, regardless of the fact that the interests of Boyan and the majority of the owners coincide. In Bulgarian, such a position of yours would sound: “I will set my house on fire so that the neighbor’s barn will burn.”
Don’t be fooled – you are being used by Boyan for Boyan’s good and not for owners with this agenda.
The agenda you are offering, that owners pay Sunset utility bills is not feasible and as I explained repeatedly what other bills has he not paid, that he will pass onto you as manager that he hasn’t informed you about?
Remember he didn’t pay for his staff for 3 months so who else has he not paid?
80% of the owners won’t or can’t pay and that includes Boyan as he has stated to us. He will be last to pay or will not pay at all to a new management company.
Boyan, offered this same deal to the SRIOC last March and up to last September called us with the same offer again. Boyan stated that he would support us for a new management company if we got owners to pay the utilities bill and stop owners invoking Art 51.
But we told him no way.
Boyan, is playing games and owners are too clever to fall for them again. That’s why he is now using YOU to organise these games.
It is difficult for someone to manipulate us for anything. We know the history of the complex from the very beginning and all the participants in it. Until now, we have only heard allegations that Bojan did not pay. There is no evidence! If there are, show them! The new Manager will prepare an audit and present it to the owners! The next actions will depend on the result ! He did not offer us any deal. Our actions are initiated by the interest of the owners we represent. It turned out that we also have many supporters among owners with whom we have not had communication until now. /
Let’s hold off holding an AGM as what you’re proposing to vote in is going to cause a major rift between owners which is exactly what Boyan wants.
Owners won’t pay you, which means you won’t be able to pay these bills. EVN won’t turn on the power, so seriously how are you going open Sunset this Summer? Which you are promising owners.
/Тhere is no way to postpone the meeting. Many of the owners have purchased tickets and are preparing their trip to Bulgaria. We suggest that you also think in this direction. Many owners expect to hear at the meeting your position and proposal to solve the problems / Different from “closed “for many years complex. This, in our opinion, is the right way to show unity. Prevents the possibility of “games”. / .
Where are you then getting the money to take all these owners to court for not paying these bills which are not theirs?
Take owners to court for invoking Art 51 – which is the law?
Ask yourself the question – why do you think Boyan hasn’t done what your proposing?
Reason is. IT CANNOT BE DONE.
We , the members of the SRIOC always and still do want the best for the resort but we can’t be going backwards.
So, we ask you both to think about what we have said and hold off with an AGM until online voting comes in and we can agree on a new agenda. This AGM is only going to cost us all money. By you calling the AGM’s, you taking owners to court that won’t pay and the SRIOC appealing these AGMs in the courts. So, no one wins only Boyan!
As stated at the beginning of this email we all want the best for the resort which we know can be achieved with a little common sense.
Please let us know your thoughts.
Regarding Art. 51 ……. you know our position. We have done the necessary consultations and our position is fully justified! What Boyan did or did not do is not decisive for us. Funds for lawsuits will always be found. Take it from experience. You obviously care about the lawsuits. Ok. But this time ask the owners “Do they want these cases” as we do. Count how many members you have and subtract them from the total number of owners in the complex – 980 units. owners – SRIOC MEMBERS /100+?/ = 880 pcs. owners whose interests are violated when you appeal the meetings. From here you can get an answer about where the funding of the cases against non-paying neighbors will come from. Below I will attach to you the basis for our position in the manner of application of Art. 51(2).
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Our attitude to the way of application of Art. 51(2) of the Condominium Law is based on:
1. Article 57(2) of the Constitution of Bulgaria /main low/ states: “The abuse of rights, as well as their exercise, is not allowed if it harms the rights or legitimate interests of others.”
2. In the Property Law /main law/ – Section IV Condominium – Article 41 says: “Each owner, in proportion to his share in the common parts, is obliged to participate in the expenses necessary for their maintenance or restoration, and in the useful expenses for the execution of which a decision was taken at the General Assembly.
For this reason, we believe that the application of Art. 51(2) of the Condominium Low /additional law/ outside the period according to Art. 51(3) is incorrect. Only the systematic consideration of the two imperative norms from the Condominium Law fulfills the norms of the Constitution and the Property Law that I described in item 1 and item 2. This should have been explained to you by your lawyers!
There is no reason why the Bulgarian court should not accept such an interpretation as legally and realistically justified!