Dear Fellow Owners,
The following needs to be urgently completed by all owners if not already completed.
- ART 51 please see below.
- Application to EVN for direct connection. The instructions will be sent in a couple of days.
- If you know of any owners who are not receiving our newsletters, please ask them to register using the link at the end of this newsletter.
- Support the SRIOC financially so this work can continue.
The SRIOC would like to wish you and your families a Happy New Year.
The SRIOC would like to inform all owners that the SRIOC only want the best for the resort, and make no personal financial gain.
The aim being direct utility connection, transparency for all MM and repair and renovation accounts also honest management of which owners can be a part of.
We are aware of the newsletter sent out on the 29th Dec 2022
The authors Ivalina Parusheva and Petya Mihova under the name of sunset resort owners.
We would like to clarify the information and mis-information given in this message.
We would like to strongly point out that the SRIOC does not run or operate any business in Sunset Resort.
From the recent information that came out under the name of “Sunset resort owners”.
Owners need to decide who they believe, the people that operate business in Sunset Resort or owners who are working voluntarily for the owners’ rights and truth.
Ask yourself why are these parties looking for you to pay MM fees that are not due?
Why would any owner be foolish enough to pay MM fees to a company named KONDO management, which from their own admission have closed down the resort and has not given owners proof of accounts of where your MM fees and roof charges have gone over the years.
Our response to utilities points made in their emails in BOLD
They quote the following:
“E: Discussion with EVN – EVN Trading South East Europe – the company, to which Sunset Resort Ltd. is in debt for the used electric energy
The contract of supply of electric energy to Sunset Resort was terminated unilaterally by EVN Trading.
Due to that fact, the debt of Sunset Resort was transferred to the Billing Department of the same company. This department collects the obligations of clients in default with terminated contracts. The debt of the complex amounts to approximately BGN 770 000.”
THIS IS A TOTAL LIE AND IS FABRICATED. IN RECENT WEEKS SUNSET AND BOYAN HAVE REQUESTED THE AMOUNT OF 770,000 LEV. BOYAN WANTS OWNERS TO PAY FOR ALL THE UTILITY BILLS FOR 2021-22 WHICH HAVE ALREADY BEEN PAID TO EVN AND VIK.
WHY IS IVA AND PETYA SAYING THAT OWNERS OWE THESE AMOUNTS WHEN THERE IS ONLY A BILL OF 245,542 LEV OWED TO EVN AND 78,806 LEV OUSTANDING FOR THE WATER COMPANY VIK. TOTAL OF 324,348 LEV BUT BOYAN WANTS US TO PAY 770,000 LEV JUST FOR EVN’S BILL WHICH IS 524,458 OVER WHAT IS OUTSANDING TO EVN.HERE WE GO AGAIN ANOTHER RIP OFF.
WHY ARE IVA AND PETYA STATING THESE WRONG AMOUNTS?
THE ONLY WAY THEY RECEIVED THESE FIGURES WERE FROM BOYAN.
USING THEM TO DO HIS DIRTY AS HE IS NOT PAYING HIS STAFF TO DO IT ANYMORE.
SO, WHO IS WORKING FOR WHO??
YOU CAN RESEARCH THIS FOR YOURSELF BY SEARCHING IN YOUR EMAILS FOR management@sunsetresort.bg WITH THE DATE OF THE 4TH NOVEMBER 2022.
- We received a number of emails from owners asking us if we passed on their email addresses to Ivalina Parusheva. We are confirming to all owners that we have not and will never pass on owner’s details without the owner’s permission. We are led to believe that email addresses came from Sunset Resort as some owners who contacted us confirmed that the only people who had their email address was Sunset resort management.
- As stated, we will work with all owners and parties on the best way to receive owners’ direct connection to power and water.
- We passed on Iva and Petya’s email to our solicitor and he has confirmed the following. What was stated in their email in relation to Art 51 is not true and is pure nonsense,This is on-par with what Sunset Resort management sends out in their newsletters on a regular bases. Just because they say it’s true does not mean it’s true and certainly not the law.
- WE ARE BEYOND BORED OF REPEATING OURSELVES BUT HERE WE GO AGAIN. ART 51 IS THE LAW CONFIRMED BY THE HIGH COURT DECISION ON THE 20/10/2021 PLEASE SEE RULING AGAIN BELOW.
- IT CAN ONLY BE CHANGED BY THE BULGARIAN GOVERNMENT THROUGH LEGISLATION AND IF AND WHEN THIS HAPPENS, WE WILL INFORM ALL OWNERS.
- IT CAN NOT BE CHANGED BY SUNSET MANAGEMENT, MANOL MANOLOV, BOYAN BONEV, IVALINA PARUSHEVA OR PETYA MIHOVA.
- There is no period of time involved in informing Sunset you are invoking Art 51. – So, this information in the last newsletter by Iva and Petya is not correct.
- Art 51 cannot be changed by an AGM
- The link below covers the years 2020, 2021, 2022 and 2023. This can be edited to cover the years that you did not use your apartment for more than 30 days. Please note that MM fees all years previous to 2019 are not due. This is due to court cases won by the SRIOC against Sunset Management.
- We strongly advise ALL owners to invoke ART 51 ASAP. Please see link and instructions below.
High Court rules that Article 51 is mandatory on the 20/10/2021.
HIGH COURT RULING ON ART 51.
The interpretation of the norms of Article 51(2) and (3) of the Condominium Act is unequivocal – decisions on the management and maintenance of the common parts are generally taken by the general assembly of the condominium, in which each owner is obliged to participate in proportion to his share in the common parts, except for the exceptions provided by law. The general assembly determines the amount of the monetary contributions for the management and maintenance of the common parts of the building, but with regard to the range of persons who may be exempted from payment of these expenses, its powers are limited by the mandatory nature of the norm of Article 51, paragraph 2 of the Condominium Act, according to which the owners, users and occupants are exempted from the obligation to pay monetary contributions for the management and maintenance of the common parts if they reside in the condominium for no more than 30 days within a calendar year, i.e. i.e. the condominium residents in the hypotheses of Article 51, paragraph 2 of the Condominium Act are exempted from all expenses (costs and fees) in connection with the management and maintenance of the common parts of the condominium, without the need for a decision of the general assembly, except for a special regime of management of the common parts (Art. 2, paragraph 2 of the Condominium Act). The provision of paragraph 2 regulates an exception to the general rule of Art. 51 para. 1 of the EULA on the allocation of costs between owners, users and occupants and the members of their households, and should therefore be interpreted restrictively, and decisions taken by the general assembly in breach of those requirements do not give rise to obligations for the owners of units in the condominium, as it is beyond the powers of the general assembly to determine the range of persons who do not pay the costs of the common parts.
Решение № 60181 от 20.10.2021 г. на ВКС по гр. д. № 86/2021 г., IV г. о., ГК, докладчик съдията Борис Илиев
ART 51
We advise that all owners invoke Art 51- if not you will be liable for MM fees.
Remember Boyan Bonev, the biggest owner of apartments and commercial units in Sunset Resort has admitted that he is invoking Art 51.
What is Art 51.
Art. 51. (1) (amend. – SG 57/11) The cost of management and maintenance of the common areas of the condominium shall be distributed equally according to the number of the owners, users and occupants. (2) (amend. – SG 57/11) The costs referred to in par. 1 shall not be charged for children up to 6 years of age, neither to an owner, user or occupant, residing in the condominium for not longer than 30 days within one calendar year.
So if you do not or have not rented or stayed in your apartment for more than 30 days you are not liable to pay MM fees.
The SRIOC do not agree with this law but we are using it until Sunset management provides owners with
1: Audit accounts
2: Appoint owners to the controller board
3: Owners are connected to their owner’s utility meters
The link below covers the years 2020, 2021, 2022 and 2023.
Art. 50 FOR 2020, 2021, 2022 & 2023
What you need to do.
1. Print out Art 51 (from the below link).
2. Write name(s), email address, Block and Apt. No. in BLOCK CAPITALS.
3. Sign the document, take a photo or scan it then attached it to an email.
4. Email the Art 51 document to the following email addresses.
management@sunsetresort.bg(General email for the management company)
manol@sunsetresort.bg(The condominium manager Manol Manolov)
Nikolay@sunsetresort.bg(The Owners dept manager)
boyan@sunsetresort.bg (Sunset resort’s developer and commercial owner)
mayor@pomorie.bg mayor@pomorie.org (Mayor of Pomorie Ivan Alexiev) As he seems to be involved in all our business in Sunset
Make sure you BCC The SRIOC at srioc@hotmail.com This is so we have a record that you invoked Art 51.
You should state in your email that you are informing the condominium manager Manol Manolov, Kondo Management EOOD and the related shareholders of Sunset Resort that you are invoking Art 51 for the years 2020, 2021, 2022 and the coming year 2023.
We also recommend that all owners post a copy of your Art 51 by registered or recorded post to Sunset management at the following address:
Manol Manolov
Manager of Kondo management EOOD
1 Chaika Str
8201 Pomorie
Bulgaria