Fellow Owners,
After a lot of discussion with many owners from various countries with properties in Sunset Resort the following AGM agenda has been drawn up.
We would like to thank these owners for their valuable input to ensure Sunset Resort is managed and operated in a fair and accountable way as well as working for all owners and not just one.
We feel that this is a fair agenda for all owners.
We hope that Iva and Petya will revise and update their agenda taking in our points.
We do not want to go down the road of appealing this AGM but if the AGM is favouring one owner over all owners, we will have no choice but to do so.
We ask all owners to copy the agenda below and send it to Iva and Petya (Elite homes) cc. srioc@hotmail.com stating that you’re in support of the SRIOC’s agenda.
This needs to be sent today before midnight for it to be included in the agenda. Don’t leave it to others to do this for you.
You are responsible for your investment.
Email addresses to be sent
Please copy from here
From: SRIOC COMMITTEE <Srioc@hotmail.com>
Sent: Wednesday 1 March 2023, 11:17
To: Iva (Elite) <ip.bg02@abv.bg>; Ivalina Parusheva <sunsetresortowners@gmail.com>; Petya Mihova <petya.mihova@gmail.com>
Subject: Proposed alternative agenda from the SRIOC
Dear Iva and Petya,
Please see the SRIOC’s alternative AGM agenda below.
We feel our membership will back this going forward
and we will also recommend a number of owners as controllers and managers if agreed.
Please let us know your thoughts.
Kind regards,
SRIOC
Proposed agenda for the General Meeting.
Item 1. Election of chairman of the General Meeting of building
Item 2. Election of minutes-taker of the General Meeting of building (Independent Legal representative) (anyone connected to these roles in any previous SR AGM is excluded)
Item 3. Report by the Manager of ‘Kondo Management’ specifically to include all financial records and accounting undertaken by Pomorie Hotel Management EOOD who operated under a full POA to act as Condominium Manager where monies provided by owners for management and maintenance were provided to him were spent because the entire responsibility for the management of the condominium is borne by the elected Condominium Manager and so it is their duty to present full, accurate and transparent implementation/non-implementation of the budget voted for at the AGM which outlines the book-keeping of the condominium, which is separate from the accounting of the revenue and expenditure of any other connected companies. The Budget must only reflect and include the cost of maintenance of the condominium and not the management or rental of any privately owned property.
Item 4. Voting for dismissal of the acting Manager of the Condominium – ‘Kondo Management’ and for the dismissal of any or all Power of Attorney documents provided by anyone representing or acting on behalf of the Condominium Body be declared null and void, with immediate effect.
Empower the new Management Body on review or in the absence of full accounts to seek legal recourse to recover condominium funds where is has not been used to benefit or for the purpose described under Condominium Law (ZEUS) as maintenance of Sunset Resort.
Item 5. Election of a Management Body (MB) consisting of 7 owners, 5 from residential ownership not connected to anyone related to the commercial property ownership or management and 2 from the commercial ownership or representing Boyan Bonev to act as Condominium Manager of the complex.
Item 6. The Management Body (MB) are provided with authority to employ a Management Agent (MA) of international standing unconnected to the commercial operations in Sunset Resort and a professional experienced property professional to act in their interests if required, employ a book-keeper, auditor and legal representation and all previous employees/ contractors/ companies with any relations to previous Condominium Managers or the commercial entities operating previously or currently in Sunset Resort are permanently excluded.
The Management Body will be responsible for the creation of an annual expenditure budget with assistance of the records of previous elected Condominium Managers held by Ms. Mariya Teriiznavona, who functioned as the Condominium Accountant and who is easily accessible in Sunset Resort and works for Boyan Bonev and must include provision for an independent book-keeper, auditor, legal representative & potential legal costs plus an allocation for professional advice and a potential employee who would be professional property expert to co-ordinate between the MB and the MA
Item 7. Establishment of Repair and Renovation Fund pursuant to art. 50 of the Condominium Management Act. The meeting also votes to empower the Management Body to review the repairs to the roofs under previous Condominium Managers and the financial accounts around the collection of these funds and conduct an analysis of whether it received value for money and all the funds collected were spent on the work they were collected for to include the power to legally recover any monies which weren’t to add to the new fund; the fund should represent 5% of the annual budget, be a maximum of 50% of the annual budget value (€1.697M) and be maintained in a separate condominium bank account and used only following approval of a majority vote of owners.
Item 8. Specifying the date 20 December of the relevant calendar year as the new date for payment of 50% of the due management and maintenance fees, the balance of 50% by June 20th at the latest to include the payment of the installments to the Repair and Renovation Fund which must be ring-fenced in a separate condominium bank account used only for the items described under law.
As the Rental Company is responsible for payment of the owners following years fees and payment of rent falls on November 30th the year before then, they must pay 100% of the due fee to the Condominium bank account by December 20th and not just the 50%.
Item 9. Adoption of a resolution that only once items 4 – 8 on the agenda are enacted that any owner, user, or resident must pay their annual fee (M&M). The fee is calculated on a per bed basis as per the prior court decision and the rate for commercial properties such as restaurants, bars, cafes will be as per the number of seats (covers) they can host and not bed spaces. (Not applicable to their operation). Items such as the Recreation Center, Pools (indoor and outdoor, Underground Carparks, Boulevard Villas, Gymnasiums, Wellness Center, Offices, Retail Units etc. at a multiple of 5 times the highest residential (bed) rate struck.
Item 10. Voting for the right of the Management Body via their legal representative to undertake all legal actions provided for by the Condominium Management Act, about which all previous and current AGM’s has adopted a resolution with the necessary quorum, for collecting through the court the funds of the Condominium accrued by the debt of the all owners, who have not paid the maintenance and management fee or misappropriated funds, provided false accounting information or used monies paid to any previous elected Condominium Manager as well as other debtors of the Condominium, if any. The owners agree that no legal action can be considered against any owner who legally declared Article 51 for any previous year.
Item 11. Vote to start the procedure for opening individual electricity and water meters in all 5 buildings and enforce the Declaration of 22.07.2021 provided by Boyan Bonev as Manager of Sunset Resort AD, the landowner which is required for the installation of electrical infrastructure which he has undertaken to transfer to EVN to include the rights to lay cables and the right to build on in order to achieve direct connections to all residential and commercial owners, compelling him to take the necessary legal steps which authorise EVN to initiate construction enabling direction connections to the national grid for all property owners.
This must also include providing the Management Body via their appointed legal representative with a legal undertaking withdrawing Boyan Bonev original application to EVN describing Sunset Resort as a single operated entity declaring it as a residential complex owned by multiple individuals.
Item 12. Engage a Charter Surveyor and/or necessary property experts to record and report to the Management Body that all chargeable property within the Condominium of Sunset Resort is accounted for and has been paying annual fees. Any deficit discovered by this process be passed to the legal representative to recover by any legal means going back to 2007 so that the new Management Body can have confidence that all property is account for when setting the annual maintenance fees.
Item 13. That all fees for the management and maintenance of Sunset Resort for the current and all past and future years are now paid into a new condominium bank account.
Item 14. The amounts, transferred by owners with debts to the Condominium, are to be recognized as payments of their obligations to the Condominium for the period they have been due.
Item 15. The owners vote to maintain and fund Sunset Resort as a 365 all day, year-round, open complex for residential use at a minimum.
Item 16. On the adoption and legal implementation of item 11 (above) the condominium of owners will agree to pay from condominium funds the outstanding Sunset Resort Management electricity bill to EVN once and not before ;
EVN provide irrevocable enforceable legally binding undertakings within a defined time frame to connect owners to the national grid directly. (Boyan Bonev as representative of the company(s) who own the outdoor pools, indoor pool, gymnasium and wellness center or Aquapark transfers full ownership of some these to the condominium by way of a legal document controlled by the Management Body as security against his future actions – these acts must be completed before the Condominium can pay off any outstanding debts so the speed at which Boyan Bonev/EVN act will determine the opening of the resort and the addition of some of the facilities listed to the Condominium not only reduces annual fees (not more renting of pools) and adds value to owners resale value.
(Once irrecoverable access to any asset owned by Boyan Bonev has been legally provided to EVN and they have provided legally enforceable guarantees to provide direct connections to residential owners, the area’s representing common areas and separate metering for the privately owned commercial properties, the bill can be paid (subject to prudent cash flow) and his asset(s) returned to his ownership.
As compensation for paying Boyan Bonev’s companies outstanding electricity bill and prior to releasing his asset back to him, he will provide the condominium with an irrecoverable enforceable legal agreement allowing all owners for blocks A, B, C, D and E unrestricted free access to all outdoor swimming pools in Phase 1 for a period of 5 full years (60 months) starting on the day the Condominium transfer of full payment to EVN.
Item 17. The Management Body while accepting Article 51 is legal will undertake in its first 6 months to agree a solution which respects Bulgarian legislation but allows for a reasonable reduced contribution based on a sliding scale of usage based around daily usage charged at (1%) of the annual fee owed up to a maximum of 30% providing the residential apartment is not used for more than 30 days in any given year.
Item 18. The Management Body will within 6 months establish a project for the examination and installation of alternative electricity provision reducing our dependency on EVN and our future condominium costs; this is clearly enhanced by the all the remedial work to the roof spaces undertaken by previous Condominium Managers in the last few years and helps promote the complex as eco-friendly, adding value to its rental and resale potential and value.
Item 19. The condominium takes a view that it is not legal for anyone to resell electricity or water, without an official license specifically to do so and any promotion or solicitation, offering or proposing of the signing of Utility Contracts will be a breach of Internal Rules and Regulations (to be added to the existing version when updated) and will immediately lead to the Management Body filing complaints with the competent authorities and enforcement agencies.
Item 20. That all future AGM’s, in Sunset Resort will be inclusive and the Management Body will ensure they communicated in the 3 major languages of the owners (English, Russian, & Bulgarian) and that regardless of current or future Bulgarian legislation all owners will be facilitated, by the use of online technology allowing them to be represented, participate and vote and this will be enshrined in the rules of the resort.
End copy
Thank You
SRIOC