Dear Fellow owners,
We would like to share with you, the most recent updates from the SRIOC we ask you to please take the time to read this newsletter.
The SRIOC, through the funding of our members have appealed the recent AGM’s of Alpha, Beta, Sigma and Delta buildings through the courts.
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 owner should be charged at residential rates which is a much cheaper rate.
We will keep you posted on these cases going forward.
SRIOC’s petition to the EU on the right to direct connection to electricity by EVN
SRIOC’s petition to the EU has been sent and registered. We are now awaiting acceptance.
Petition title
Connect Bulgaria: Ensuring Universal Service Obligations for Individual Access to Electricity in Bulgaria.
Reference no:3967
Once this is received all owners will be able to support this though the EU website.
Clare Daly MEP has committed to pass this petition onto her counterparts in the EU.
Once we have more details, we will inform you.
This is a big step, as we feel we are just going around in circles with the legal and political system in Bulgaria.
Our case needs to be highlighted further in the EU.
We ask all owners from other EU states to do their part by highlighting the noncompliance of Bulgarian companies and authorities in connecting all Sunset Resort owners to utilities.
Which are our basic property rights according to Bulgarian and EU law.
If there are any owners who are solicitors, we ask that you contact us asap.
This will strengthen our case in Europe.
If you can help with this please contact us for all information you might require at srioc@hotmail.com.
ETA building update
ETA building AGM decisions have now been halted by the bailiff on behalf of Trem OOD which is Boyan Bonev’s company.
So, this means that all decisions passed at the ETA AGM cannot be enforced until it’s decided by the courts. This is a pity as Boyan did state that if a building received the majority at an AGM he would leave it with them – obviously this is not the case – surprise surprise!
Until then we ask all owners not to send any money to Bulgaria until we receive further information from the courts.
As all owners know too well when money goes to Bulgaria it disappears and is very seldom ever retrieved.
ETA roof charges case
ETA roof charges case is back in the courts this Monday 29th May.
We will update owners once a decision is decided by the courts.
We advise All ETA owners to contact Manol at manol@sunsetresort.bg and request their roof charges as promised to be returned ASAP. Please provide your bank details to him for the returned funds and copy the SRIOC at srioc@hotmail.com
Sigma AGM appeal of June 2021.
Please read the information from our solicitor below of the final decision of Sigma’s June 2021 AGM appeals.
All owners were illegally charged MM fees in the formula that was set by Sunset Resort management (Kondo EOOD). The formula they used i.e., Per user was deemed illegal by the court.it should have been collected in the following format i.e. If you have a 1-bedroom apartment and 2 persons live in it you are charged for 2 persons, if you had a 2-bedroom apartment and had 1 person living in it you are charged for 1 user or if you had a 2-bedroom apartment with 5 persons living in it you pay for 5.
By the law the maximum users that can be charged for any property is 5 users regardless how many persons are residing in the property.
You cannot just put a figure on it like Sunset did i.e. -1 bedroom 3 users, 2 bedrooms 4 users and 3 bedrooms 5 users. This was deemed illegal. So, this means if any owner paid 2022 and 2023 MM fees they can legally request these funds to be returned from Manol Manolov the manager. He can be contacted at manaol@sunsetresort.bg this is for the owners who didn’t take the advice of the SRIOC and invoked ART 51.
The above just proves yet again why owners need to stick together and make correct and informed decisions instead of rushing into AGMs like Elite Homes did, just to get the resort open. Remember this was done for the owners who Elite Homes sold to last year by jumping fences and selling apartments knowing too well that the resort was not going to open.
We discussed and pleaded with Iva and Petya to hold off holding an AGM until we could all could come together and come up with a well thought-out, forward-thinking collaboration for all owners which was rejected by Iva and Petya and after thousands of euros spent on all sides nothing has been achieved. Sunset remains closed as we stated it would be and also Boyan, stated the same, everyone is in court again and owner is against owner which is exactly what Boyan’s main objective is..
So, we have to ask ourselves is this really what we want owner against owner??
We understand all owners anger, especially the owners who have only recently bought their apartments. This anger should not be directed towards the SRIOC whose only goal is to achieve a resort run in a fair, honest, professional manner and all owners have independent use of their property which can only be achieved by individual meters.
All owners want to pay their fair share of MM fees and the usage of their utilities but when owners have not been shown any audited accounts for our MM fees, rental of Swimming pools of over 750 thousand euros across the resorts 2.2 million euros in MM fees with no proof of where it was spent for a resort that was only really open 4 months of the year. All owners in Sunset paid utility costs every day they stayed in their apartments, which was also way over the national Bulgarian average. This is why the SRIOC’s members have taken a stand. Direct connection is the only key to reduce costs and have full control over your property. You would not accept this in your own country or so why take this in Bulgaria?
Remember a lot of SRIOC’s members have put up with these unfair treatment for the last 14 years.
This is why we are taking a stand in not being ripped of again. Our members want direct connection and are prepared to live with the consequences of Sunset being closed until this is achieved.
As, it is the only way forward.
The SRIOC’s are now asking all owners whichever side of the fence you are on to now pull together and sign up to the SRIOC by registering on our website www.srioc.com this way you will get access to all our previous our future newsletters. This way you will be kept informed of what is going on from our side. What have you to lose and but we guess much more to gain.
Please note the SRIOC’s is made up of volunteers working for ALL owners interests free of charge. The SRIOC no other vested interests other than a fair deal for all owners and our basic property and human rights in Bulgaria.
We are not trying to takeover, we are not wanting to sell your apartments, we are not wanting to rent your apartments.
Like you we invested our hard earned money in Bulgaria to either holiday or rent and just want a fair deal which can be achieved by all owners pulling together.
Remember.
KNOWLEDGE IS POWER, POWER IS WISDOM, WISDOM IS UNDERSTANDING
Please note also Elite Homes put forward managers and controller in buildings who are all estate agents. Sergey Romanenko, put forward as manager in Beta and Eta, Ivalina Parusheva (IVA Elite homes) in Delta and in Beta Ursula O’Neil all estate agents.
So, ask yourselves did they want to open the resort by us paying Sunset resort management utility bills, for you as owners? Or to yet again another company wanting to make money on selling your apartment with their business partners at fire sale prices. This AGM was called with no forward thinking and collaboration which has left owners in a bigger mess.
Our solicitors brief on Sigma’s June 2021 AGM appeal
Dear Owners,
We hope this message finds you well. As legal representative appointed by the committee of owners, I am pleased to share vital information regarding the recent legal case concerning the calculation of management fees in our condominium. Our objective is to ensure that the management complies with legal requirements and establishes a fair and transparent fee structure for all owners.
The court ruling unequivocally emphasizes the illegal nature of the current budget for Sigma building. It is essential to note that the proposed budget by Mrs. Ivalina Parusheva suffers from similar flaws. In light of this, we have formulated recommendations aimed at aligning our management practices with the law.
1. Consider Actual Occupancy Numbers: The court ruling highlights that the current budget erroneously assumes a specific number of users based on the premises’ potential capacity, rather than the actual number of occupants. For instance, a six-bedroom apartment may house only one occupant, and it would be inappropriate for the budget to impose charges for multiple occupants based on hypothetical scenarios. To comply with the law, the management must collect fees based on the real occupancy data provided in the condominium ownership book.
2. Maintain an Accurate Condominium Ownership Book: In accordance with the relevant provisions of the Condominium Law (ZUES), it is imperative to establish and maintain an up-to-date condominium ownership book. This book should contain comprehensive information about owners, occupants, and members of households residing with the owner or occupant. It should accurately reflect their usage patterns and any agreed-upon rights and obligations concerning the management of common areas. The management bears the responsibility of ensuring the accuracy of this book by regularly updating occupancy data for each unit.
3. Revaluate the Budget Structure: Given the revised understanding of legal requirements, it is necessary to revaluate the budget structure. The new budget should be based on real occupancy data rather than rigid assumptions that link the number of rooms to maintenance fees. By adopting a fair and transparent fee structure, the management can demonstrate its commitment to compliance with the law and equitable treatment of all owners.
4. Transparent Communication: Open and transparent communication between the management and owners is paramount during this transitional period. We recommend organizing a meeting or disseminating a written communication to discuss the court decision, its implications, and the proposed recommendations for compliance. This will provide an opportunity for owners to fully comprehend the changes and address any concerns they may have.
Our primary aim is to foster a harmonious living environment within our condominium where the rights of all owners are safeguarded and respected. We firmly believe that implementing these recommendations will ensure a fair and lawful distribution of management fees.
We greatly appreciate your trust and support throughout this legal process. As your legal representatives, we remain committed to diligently safeguarding your interests and advocating for a well-managed and compliant condominium.
Should you have any questions or require further clarification, please do not hesitate to contact us. We are here to address your concerns and provide guidance as needed.
Thank you for your attention and cooperation. Together, we can uphold the principles of justice and fairness within our community.
Warm regards,
Annex: Translation the most important paragraph from court decision for sigma building:
According to the court in the established budget it is stated explicitly and up front that certain premises are used by a specific number of users – the number of users is not the number of actual users occupants of the premises, but in relation to how many occupants could the premises could accommodate in the ordinary course of its use and occupation. From its nature, this decision takes into account and is dependent on the area of the area of the premises and is not based on the actual number of occupants. Thus a six-bedroom flat could have only one occupant and should not
the budget to set a charge for this unit from the outset in view of the possibility in more than one occupant and, moreover, should not create an obligation for the owner to pay in the future the
fee on the basis of a predictable number of occupants.
What is needed to comply with the law? According to the Art. 7 of the ZUES (Condominium law)
a condominium ownership book shall be created and maintained, in which, on the basis of Art.
7(2)(3) to (7) of the EULA, detailed and detailed information on the owners, occupiers, members of households living in together with the owner or occupier, the time during which these persons use
or not using the premises, including the existence of the agreed the rights and obligations between the owner and the occupier concerning the management of the common parts of the building. In those circumstances, the Court finds that the condominium ownership should have information on the number of occupants in the each unit, and the determination of any predictable number of occupants does not consistent with the rule of Article 51 para. 1 of the ZUES (Condominium law)
Теодор Шейков
адвокат
Theodor Sheykov
Attorney at law
UTILITY CONNECTIONS
Please see information on the procedure on applying for direct connection to EVN below and VIK will be sent out Monday from our solicitor.
Please note there is no charge for these application. Owners just need to apply themselves.
These companies need to know we are serious about receiving direct connection so we ask all owners regardless of your politics to complete this asap.
This is one thing that everyone is in agreement Iva, Petya (Elite homes) and Boyan Bonev who states he is in full agreement with this and passed over transformers last year to EVN on the request of the SRIOC and Clare Daly MEP.
This is the only way Sunset is going to open and owners regain full control of their properties once and for all.
Water connection with VIK
Our solicitor has drawn up a procedure for applying for direct connection for water.
We will send this in a separate email which will be sent to all owners on Monday.
PROCEDURE AND APPLICATION FOR EVN CONNECTION
As discussed in our previous newsletter all owners need to apply to EVN electricity company for direct connection NOW if you have not already done so.
All owners need to apply ASAP. We need to show EVN that all owners are serious about receiving their own electricity meters.
This is the only way owners are going to reclaim their property rights over their apartments.
The following needs to be completed as soon as possible.
Please note that this process is free of charge and no money is needed until EVN commits to your direct connection.
To show the electricity company EVN that “Times – they are a changing “and as independent apartment owners, we are applying for our full property rights of opening individual accounts on mass.
THIS WILL INCREASE THE VALUE OF YOUR APARTMENT.
PLEASE SEND, THE BULGARIAN VERSION. JUST FILL IN THE BLANKS MARKED IN RED and COPY the message, PASTE it into an email and send to info@evn.bg please BCC the SRIOC.
The English and Russian versions are below so you can understand what you are sending.
They say they will respond within 48 hours.
FILL IN THE BLANKS AS FOLLOWS;
YOUR NAME. APARTMENT NUMBER. BUILDING AND YOUR TELEPHONE NUMBER.
COPY FROM HERE
Уважаеми Евн,
Моето име е .(I) YOUR NAME…………… …….………..
Притежавам апартамент (II) YOUR APARTMENT NUMBER………………………..
в сграда (III) BUILDING………….. на Sunset Resort с адрес ул. Княз Борис I 219 в Поморие 8200.
Желая да подпиша директен договор с Вашата фирма за неограничена доставка на електрическа енергия, измерена по показания на електромерите на битови цени.
В процес съм на предаване на моето пълномощно на адвокат, който може да ме представлява пред вашата компания за откриване на сметка за електричество на мое име, но реших да потвърдя искането си директно от моя имейл адрес. Моля, отпечатайте този имейл и го добавете към моя файл за кандидатстване заедно с пълномощното на моите адвокати, копие от нотариалния акт за собственост на моя апартамент и копие от паспорта ми, когато ги получите.
Моят телефонен номер е (IIII) YOUR TELEPHONE NUMBER……………………..
Много благодаря и очаквам с нетърпение да бъда ваш пряк клиент, за да постигна сигурността на доставките, която ще ми осигури.
В момента платецът на тока на курорта е предупредил собствениците на апартаменти, че не е в състояние да плаща сметките за ток и вода.
Имейл, получен от офиса на собственика на Sunset Resort до друг собственик на апартамент в сграда ETA на 8 септември, съдържаше следната информация….
„ Уважаеми *****,
Благодаря ви за вашия имейл.
Рецепцията на собствениците е информирана за вашия престой за период
******.2022г.
Имайте предвид, че най-вероятно след 15 септември 2022 г. предоставянето на комунални услуги в сградите в Сънсет Ризорт ще бъде прекратено от компанията доставчик на електроенергия, тъй като няма налични средства за плащане на битовите сметки (вода и електричество) за сградите в Сънсет курорт след 15 септември 2022! “
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< >>xtagstartz/p>
“Dear Evn,
My name is …………. ……………
I own apartment ………… within building ……………………….of Sunset Resort with address of 219 Knaz Boris I Street in Pomorie 8200.
I wish to sign a direct contract with your company for the unrestricted supply of electricity measured by meter reading at residential rates.
I’m in the process of passing my Power Of Attorney to a solicitor that can represent me in front of your company to open up an electricity account in my name, but I thought I would also confirm my request directly from my email address. Please print this email off and add it to my application file along with my solicitors Power Of Attorney, copy of my apartment title deed, and copy of my passport when you receive them.
My telephone number is …………………
Many thanks, and I look forward to being your direct customer to achieve the security of supply it will give me.
Currently the electricity bill payer of the resort has warned apartment owners he is incapable of paying the electricity bills and water bills.
An email received from Owner’s Office of Sunset Resort to another apartment owner in in Sunset on 8th September contained the following information….
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
“Dear *****,
Thank you for your email.
Owners` reception has been informed for your stay for period
******.2022.
Please note, that most likely after 15 September 2022 the providing of utilities in the buildings in Sunset Resort will be terminated from the electricity supplier company as that there are not available funds to pay the utility bills (water and electricity) for the buildings in Sunset resort after 15 September 2022! “
<xtagstartz<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
Regards
SRIOC