Dear Fellow Owners,
WE WON’T GET FOOLED AGAIN.
DON’T EXCHANGE ONE MASTER FOR ANOTHER.
ART 51 IS THE LAW DON’T BE FOOLED.
Bulgarian ladies Ivalina (Iva) Parusheva & Petya Mihova of Elite Homes claiming to hold 200 POA’s for residential owners mainly from Russian owners, appear to have finally come out of the closet, pushing Mr Bonev agenda of transferring his company electricity costs onto your Condominium. At least they are now openly acting as his proxies, similar to Mr Boyan’s previous proxies over the last 16 years, the Steering Committee, Dobrev the former Condominium Manager, Erica, Manol – the current Condominium Manager, Yani and Nikolay, in order to protect and maintain their own resale and auctioneer business at every residential owner’s expense. (BNG 700K EVN bill)
Ivalina Parusheva, of Elite Homes and an owner of an apartment in Delta has recently issued several newsletters to all Sunset Resort owners (presumably using a database provided by a friend in Sunset) in which she stated:
- The contract of supply of electric energy to Sunset Resort was terminated unilaterally by EVN Trading. (It was not. Mr Boyan did not terminate his contract with EVN in September 2022. SRM (Mr Bonev company) just refused to pay their bill. If Mr Bonev or EVN had cancelled the application (contract) then it would no longer be a bar to EVN, as then it would not be a single owner operated entity in Sunset Resort and residential owner’s applications for independent access to electricity to each of our residences would have to be legally conceded by EVN.)
- The debt owed to EVN by Sunset Resort Management EOOD (SRM) has been passed over to their collection department, but Mr Bonev is attempting to wriggle out of paying it by having this debt paid by your Condominium which Elite Homes are pursuing on his behalf (6 months has elapsed and EVN have taken no legal action to enforce payment, even though SRM holds millions of Euros in assets.)
- They express their belief that Mr Boyan’s commercial companies have paid their share of expenses. (Bank statement posted online showed that the bank account of the Condominium Manager is managed by Mr Boyan Accountant and bank statements prove that owner’s funds are transferred out within 24 hours to another company under the control of Mr Boyan (Pomorie Hotel Management EOOD)
Many individual owners have attempted to persuade Iva/Petya that the best option for all independent residential owners (which represents 65% of the condominium in Sunset Resort) is to claim Article 51 in 2023 for now, cutting off funds for Mr Bonev until he stops using his commercial shareholding to manage Sunset Resort for his overwhelming personal gain or declining to paying all his companies bills.
We have been made aware that the 2 ladies are proposing an AGM circa April 3 to 5, 2023 (only the elected Manager can do this (an employee of Mr Bonev) potentially using the Power of Attorneys mainly from their Russian owners that Iva controls, to vote in proposals which do not benefit the residential owners they sold apartments to, with their proposed agenda.
- That all independent owners abandon their legal right to claim Article 51 (using apartments for less than 30 days a year) for 2021 & 2022 and they are also advocating that all independent owners not seek protection by not filing an Article 51 Declaration in 2023. This would financially assist Mr Bonev to re-open his rental business in Sunset Resort.
- They advocate that the electricity debt of SRM (owned 100% by Mr Bonev) should be borne by all residential owners who paid their 2021 and 2022 M&M fees but that these same owners, be requested to make an additional payment towards Mr Bonev’s 2022 outstanding electricity bill which arose from his commercial property in Sunset Resort and possibly his 100% owned Sunset Waterpark, in the amounts of
– €1,000 for a 2-bed or 3-bed
– €800 for a 1-bed
– €600 for a studio - They advocate that those residential owners who pay their M&M in 2023 (many owners will not) but what they don’t advise is that if you pay then, you will also be liable for paying the excess of all the others residential owners, who legally declared Article 51 for 2023.
- Please note that the portion of VAT on the EVN bill has already been recovered by Mr Bonev’s companies or has been offset against VAT owed by Mr Boyan’s other companies, so you are getting fleeced again.
- They are proposing that the full amount of residential owner’s funds would be remitted to the escrow account of a Pomorie based Notary Public (Ms Gergana Nedina, a friend of theirs and Mr Bonev) and not an official Condominium Bank account under the Condominium Act controlled by the residential owners?
Examination of their proposals means prolonging the process of recovering control over your investment and worst of all provides encouragement to Mr Bonev that residential owners will indefinitely pay all his personal and company bills and underwrite all his commercial privately owned businesses and property investments elsewhere. Their agenda is counter to what is required to give residential owners a pro-rata share of control over the finances in our resort and should be rejected by residential owners.
A pro-rata share of control over the finances of the resort means that residential owners would have control over the processes of managing the maintenance of their resort, would have the necessary funds and authority to enforce the payment of the commercial fees without collecting excessive money from residential owners, transparency and control over the items included in owner’s expenses reducing considerably our current excessive M&M fees, ensure maintenance was conducted in line with best practices.
Cutting the cost of ownership and initiating preventative and proactive maintenance will have an immediate and positive impact on the value of owner’s properties and the separation of the commercial and the residential roles and costs in Sunset Resort can only be a positive for all residential owners and so it is in no owners best interest to re-open Sunset Resort in 2023 or any other time until residential owners who make up 65% of the ownership reclaim control over where our money is spent and that it is spent only on the resort and they can control this under current Bulgarian legislation. This pro-rate share of control is nearly in your hands.
Even if residential owners were foolish enough to pay Mr Bonev’s unpaid electricity bills, do you truly think it would be the last time you would end up paying his bills?
Summary
- Every residential owner would welcome Sunset Resort opened in 2023 with control over your own electricity but we recognise that the longer it remains closed, the more Mr Bonev needs, to meet residential owner’s fair demands.
- The utilisation of Article 51 (Bulgarian law) by ALL residential owners for 2023 is locked into an enforceable and binding legal agreement.
- The outstanding EVN bill was run up accommodating tourists in Mr Boyan rental company, not residential owners. Residential owners pay their daily electricity charge when they used their apartment already.
- We continue to call out any party or individual who decides, covertly or otherwise to push the sole agenda of Mr Bonev personal interests against the interest of residential owner’s, such as allowing him to transfer his business costs to your condominium to pay.
- Owners cannot move forward without the appointment of an independent Condominium Manager, not an appointee/employee of Mr Bonev
- The approval of a Condominium Budget which only address Condominium expenses and a desired sinking fund, not the costs of Mr Bonev’s rental company or external projects.
- A new format should be initiated of constructing the condominium budget which includes all the cost of the common areas, must be based on who benefits most from it and funded accordingly.
- Anything to do with the pools, Spa, underground garages (3) or recreation area which are 100% privately owned by Mr Bonev, so lifeguards, pool boys, cleaning and material charges, repairs to them, and staffing of (700 staff identified in the auditor’s report), utilities (separate metering should be imposed on Mr Bonev for these areas), phone calls, commercial garbage (as owners are not using this service).
- The condominium law allows for the commercial entities to be charged at a rate of up to 5:1 of a residential owners and this needs to be enforced in Sunset Resort.
- A Management Committee of (7) owners need to be initiated who act to provide oversight on a contracted Condominium Manager – the commercial and hospitality operations run by Mr Boyan, entitlement should not exceed more than 2 (of 7) members plus one each from the 5 buildings.
- A separate Condominium bank account established under the supervision of the Committee of owners elected at the AGM.
- Sunset Resort and Sunset Family (Phase 2: buildings F, G & H) are treated as separate condominiums. Presently, Mr Boyan/Condominium Manager newsletters appear to deliberately mix up the resorts information to confuse Phase 1 owners.
The SRIOC are the only owner group that have not and will not sell out the interests of residential apartment owners in Sunset Resort. We have no business interest to protect or have no need to gain operating privileges in Sunset Resort from Mr Boyan.