Dear Fellow Owners,
As previously stated, Art 51 is Bulgarian law which was proven when challenged in the high court in Sofia October 2021.
More good news on this front from cases recently taken by the SRIOC on the appeals AGM’s of 2021.
GOOD NEWS ON ART 51
As part of the SRIOC’s AGM appeal cases Sunset solicitors tried to challenge ART 51. As a result of this the courts ruled in our favour and confirmed that Art 51 cannot be changed by an AGM. Which has been stated by other groups. (FAKE NEWS)
So, yet again we repeat ourselves ART 51 IS THE LAW.
What is important from this case is YOU MUST NOTIFY SUNSET RESORT MANAGEMENT COMPANY.
WE STRONGLY ADVISE YET AGAIN THAT ALL OWNERS WHO HAVE NOT INVOKED ART 51 TO COMPLETE ASAP (See instructions below)
WhatsApp messages passed to ourselves are stating you don’t need to complete Art 51 because the resort is closed.
As you can see, Sunset are still sending out emails requesting MM fees that they state are still owed. If you have invoked ART 51 these fees are not due legally.
So, they are still operating and you have access to your property. The law could still say they are in their right to claim MM fees, So, protect yourselves invoke Art 51.
COURT DECISION AND SOLICITOR COMMENTS
SOLICTIOR’S COMMENTS: The court decision means that even if the decision of AGM is legal by conforming to the legal procedure that does not affect art 51.
So that means the manager has the right to collect the fees according to the budget. But every owner has the right to file art. 51 declaration (if he complies with residency less than one month) and by that he can be freed from payment.
If there is no declaration of art. 51 then the owner has to pay according to AGM.
Court decision
by virtue of the law – art. … support.
As for the complaints that the decision under item 4 contradicts the norm of art. 51, para. 2 of the EU Law, which establishes the imperative rule that costs for management and maintenance of the common parts of the condominium are not paid, the costs under para. 1 for children under the age of 6, as well as from an owner, user and resident who resides in the condominium for no more than 30 days within a calendar year, it should be noted that the text of the decision lacks content that to create obstacles or limit the opportunity provided for in the above provision for apartment owners in the event that they do not use their property for more than 30 days to be exempt from the obligation to pay the annual maintenance and management fee. In addition, the norm of Art. 51, para. 2 of the UEES is applicable not by decision of the General Assembly of the EU, but by application of the relevant apartment owner who decides to take advantage of it, for which he should notify the Management Board or the manager of EU.
Based on the stated considerations, the court finds that the claim is unfounded.
WHATSAPP AND OTHER GROUPS INFORMATION
We are aware that a lot of information is going out from these groups. As stated at our meeting and recent newsletters the current committee is not on these platforms and cannot guarantee the validity of what is discussed.
We believe these are good forums for owners to share ideas but we have not the time to get involved in these groups.
The SRIOC will only communicate to owners by newsletters or through our email srioc@hotmail.com.
KONDO MANAGEMENT RECENT NEWSLETTER.
Not much to say here, only that we feel sorry for the owners who paid MM fees and utility charges which were not due and according to Manol Manolov will not be reimbursed these funds of their MM fees for 2023 until all owners have paid their 2021/22 fees. How fair is that?
At least they are admitting that they have received owners ART 51 stated below from their newsletter:
Notifications under Art. 51, para. 2 of Condominium Ownership Management Act submitted by property owners for 2023:
As of January 25, 2023, a total of 1014 users submitted a Notification under Art. 51, para. 2 of the Condominium Ownership Management Act (COMA), which represents 28% of the total budget of the Condominium.
RENT NOT PAID AGAIN THIS YEAR.
As expected no owners received their rent money this year – WHY?
Boyan Bonev, is the owner of the rental business along with Tobor Panayotov. They rented owners apartments last year as the resort was full of guests – so why did they not pay you?
They robbed your money plain and simple!
Some owners think this is to do with owners not paying their MM fees. This has nothing to do with owners paying their MM fees. These fees are for the upkeep and maintenances of the resort and not for rent payment.
This proves our point that all along Boyan has being using the condominium MM fees to fund his holiday business. This scam that has being going on for years.
SO DO NOT BLAME YOUR FELLOW OWNERS WHO DIDN’T PAY MM FEES FOR YOU NOT RECEIVING YOUR RENT AS THEY ARE TWO DIFFERENT ENTITIES.
If the owners who rent with Sunset would have only read their rental contracts, they signed they would see that Boyan had his get-out clause stating he would only pay for the nights your apartment was used.
We know your apartments were used last year but Boyan will say they weren’t.
We have repeatably informed owners over the last couple years that Sunset travel were not signing these contracts and if they had been signed you could have gone to court and won with major penalties and interest which owners had previously done.
If any owners think that Boyan has any loyalties to them, even the ones who rent with him and give their vote to him against their fellow owners – you are clearly mistaken!
WE STRONGLY ADVISE ALL OWNERS WHO HAVE BEEN IN THE RENTAL POOL TO INVOKE ART 51 FOR THE LAST 3 YEARS. WE HAVE A STRONG FEELING THE TRAVEL COMPANY DID NOT PAY YOUR MM FEES TO KONDO MANAGEMENT. THIS WILL LEAVE YOU OWING THESE FEES AS YOU DO NOT HAVE A SIGNED CONTRACT