CHAPTER I. Name, Intention, Domicile
Article 1
ASOCIACION DE DEFENSA DE LOS PARCELISTAS PARTICULARES DE LAS URBANIZACIONES MAS NOU Y MAS SEMIS DE CASTELL_ PLATJA D'ARO is the name of the new-founded union, acting according the ley for registered groupings and associations.
Article 2
The intention of the association is to defend the interests of the private owners and beneficaries of properties in the urbanisation Mas Nou and Mas Semis in Castell-Platja'dAro. The Association does not defend any economic interests of promoters.
The Association is not-for-profit.
Article 3
The registered office is Calle Gujadalest, no 181 in Urb. Mas Nou, Apart. Correo 40 in Platja d'Aro
The activities of the Association are closely connected to the community of Castell-Platja d'Aro.
CHAPTER II. Members of the Association, their Rights and Obligations
Article 4
Every natural or corporate body who is owner, co-owner, usufructuary of a property in Mas Nou or Mas Semis in Castell- Platja d'Aro may join the Association. People who are working or are involved -directly or indirectly- in constructing, promoting, buying, selling or renting houses or parcellas will not be accepted.
The member is asked to give a copy of the Registro de la Propriedad to the secretary of the Association.
Article 5
The members of the Association have the following rights.
to take part in the meetings of the General Assembly and vote
to elect or be elected to present or exercise his duties
present facts and aims
intercede in activities and services of the Association according to the Ley and the Estatutos
propose ideas to the Association or the committe that might ameliorate or contribute to the realisation of our aims
apply for and receive explications about administration and official business of the managing board and the elected officers of the Association
hearing in cases of sanctions
information about activities of the Association
use of general services established by the Association
taking part in working groups
own a copy of the Estatutos
consult the books of the Association
Article 6
Obligations of members in the Association
members should
be very involved in the aims of the Association and fight for these aims
contribute to the support of he Association by paying the suscription, expenses, and other contributions fixed by the Estatutos
fullfil any obligation which results from the Estatutos
pay attention and fullfil the agreements established by the managing board of the Association.
Article 7
Reasons for leaving the Association
the written declaration of the member, given to the managing board of the Association
not paying the subscription
not fullfilling the rules of the Estatutos
the loss of conditions that allowed him to enter, f.e. the member is no more owner, co-owner, usufructary of a property in Mas Nou or Mas Semis.
CHAPTER III .The General Meeting
Article 8
The general meeting is the supreme institution of the Association, endowed with natural and irrevocable authorization by their members.
The members of the Association decide in the General Meeting with majority vote about matters that belong into the competence of the General Meeting.
All members are obliged to follow the agreements of the General Meeting, also those who had been absent, of different opinion or by abstention from voting.
Article 9
The General Meeting has the following rights:
modification of the Estatutos
elect and deselect members of the institution and control their activities
approbation of the anual budget and the annual profit and loss account, as well as the amount of subsciption for the support of the Association and the discharge of the board
decide about the dissolution of the Association
to enter in or separate from other associations
apply for common public interest
permission of the rules of internal procedure
admission for leaving or excluding of members
being informed about members who enter and leave because of different reasons
discuss and solve questions that are not attributed to members.
The description of the competences is only an enumeration and does not limit the power of the General Meeting.
Article 10
The General Meeting takes place once a year, between july and september.
The board is always enabled to call a meeting, whenever it seems to be necessary or at the request of 10% (minimum) of the members within 30 days.
Article 11
The invitation to the General Meeting by the board gives place, date and hour and the agenda.
The date will be given to the members 2 weeks before ( as a minimum) by post or e-mail.
Article 12
The General Meeting is formed by the members who appear in person or send a representative.
A representation can be given only to another member. No member can take more than 2 representations.
The General Meeting may not pass or adopt agreements about matters that do not appear in the agenda; the only exception is the general character of the agreement or the agreement refers to a new General Meeting.
Article 13
Each member of the Association has one vote in the General Meeting. If the property belongs to many owners, usufructuaries f.e., all the owners have only one vote together that means they have to specify the person who will vote for their property to the board.
The simple majority of the members in person or representated decides about the acceptance.
In resolutions passed in the General Meeting a majority of two thirds is necessary in order to exclude members, changing of the Estatutos, liquidation of the Association, fusion with other associations or a pass-over into an existing association.
If some members make a run for the managing board, the relative majority decides.
If the board is authorized specifically by the members, it may give adress, telephone number and e-mail adress on request.
CHAPTER IV Managing Board
Article 14
The board leads, manages, administrates and represents the Association, it consists of the president, the vice- president, the secretary, the treasurer and speakers. These jobs are to be done by different persons.
The members of the board who have to be members of the Association, are to be elected in the General Meeting. After having accepted their vote they start working in their function.
The nomination and resigning from office have to be certificated by the secretary and the president and have to be announed to the Registro de Associaciones.
The Association 's members work is unsalaried.
Article 15
1. The board officiates for 4 years, no matter, whether it will be re-elected or not.
2. A resignation before is possible in the following condition:
voluntarily in a written declaration that gives reasons
inability because of illnes
cancellation of the membership
punishment because of mistakes in realizing decisions, fixed up in the Estatutos in Article 13.3.
death and frequent absence of physical persons
3. The vacant position will be occupied in the next General Meeting, in the meantime another member, named by the president will do his job
Article 16
The board has the following power:
represent, lead and and manage the Association with the maximum legal authority, as well as accomplish the resolutions of the General Meeting in harmony with the Estatutos
making agreements that are necessary in cooperation with public institutions by using all legal possibilities
propose the defense of the interests of the Association to the General Meeting
propose the contribution rate of the members to the General Meeting
call the General Meeting and control the agreements
present the annual balance and the balance sheets and the acceptance of the budget for the coming
year to the General Meeting
engage assistants for the Association
form groupings in order to be able to follow and realize the aims of the Association in an efficiant way
enumerate members of every group to present their results
be in negotiation with public institutions to realise subventions and utilisation of rooms and buildings
making accounts in every bank and dispose of the money, as presented in Article 29
solution of problems that are not given in the Estatutos and are to be presented in the next General Meeting
every activity that is not connected with a member
Article 17
The board will be called within 3 months regularly to a meeting by the president or the vice president
two members of the board may propose an extraordenary meeting
Article 18
The board has the quorum when meet half of the members plus one.
The board is obliged to join every meeting, and they need an important reason for beeing absent. The president and the secretary or their representatives have to be there always.
The board decides with simple majority of the present.
Article 19
The board is allowed to give tasks to various groups with a majority of 2/3 of votes.
The same majority can give authority to necessary activities in special cases.
Article 20
A note is made of the agreements of the board and has to be signed by the president and the secretary.
In the beginning of each meeting the notes are to be read and confirmed or corrected.
CHAPTER V, Presidency and Vicepresidency
Article 21
The president has the following functions:
to lead and represent the association, authorized by the General Meeting and the board
to chair and lead the meetings and General Meetings
to give the last and decisive vote if the score is even
to call a meeting and the board
to screen the certifications and memorandums written by the secretary
to propose additional authorisations given to him by the general meeting or the board.
In case of absence or desease the president will be represented by the vicepresident or the .oldest member of the board
CHAPTER VI , treasurer and secretary
Article 22
The treasurer controls and supervises the means of the Association, works out the budget , the balance sheet and the closing of accounts, furthermore he is responsible for the cash amount book, he signs the receipts of subscription and other documents, pays the bills accredited by the president, and pays the surplus into a bank account.
Article 23
The secretary has to supervise the documents of the Association and keep them safe, he creates and signs the protocols of the General Meetings and the Board Meetings, he develops and allows certifications if necessary and guards the register of members.
CHAPTER VII The Commissions or Working groups
Article 24
The creating and constitution of a commission or working group can be done by the members of the association, but they have to explain their aims and activities to the board.
The board controls the different commissions and groupings whose representatives are obliged to give a monthly , detailled report of their activities.
CHAPTER VIII Asset management
Article 25
The Association does not have any assets of a foundation.
Article 26
The financial entries of the Association are:
the regular payment of the members, fixed by the General Meeting
private or official subventions
donations, inherencies, legacies
income of property or any other entry
Article 27
All members are obliged to keep the Association going economically, by membership entry or extra paying in the way the General Meeting has established according to the proposal of the board.
The General Meeting may fix an entry payment as well as periodical payment ( monthly, every quarter, six- monthly ) and extra payment.
If a property has various owners, co-owners or usufructarios, and all , or a part of them , are members, one entry is to be paid by all of them to show solidarity.
Article 28
The financial year is the natural year and ends the 31st of december.
Article 29
The giros or passbooks of the banks have to be signed by the president, the treasurer and the secretary.
For having an amount at one's disposal, two signatures are necessary, one has to be of the president or the treasurer.
CAPITAL IX
Article 30 Disciplinary Procedure
The administrative body may punish offences, f.e. the failure to fulfil obligations. These failures can be light, serious, or grave. The punishments reach from admonishment to expulsion from the Association, as told by the rules of the internal administration.
The disciplinary procedure starts as a consequence of an information , a complaint or report or ex officio. Within ten days the board nominates a person to examine the case and to present a proposal within 15 days, after the disciplinary hearing of the defendant. The final judgement will be given by the majority of two third of the board within 15 days.
In cases of serious or grave offences the concerned persons may object he judgement before the next general meeting, if this is according to the internal rules.
CHAPTER X The Dissolution
Article 31
The Association may be dissolved with the consent of the Extraordinary General Meeting, called in for this purpose.
Article 32
After the decision of dissolution the General Meeting has to take proper actions according the propertyand the rights of the Association as to the actual activites.
If necessary the General Meeting may institute a commission of liquidation.
The members of the Association are free from every personal charge. Their responsibility is limited to voluntary duties.
The remaining capital will be directly tranferred into an official or private institution, that has no economic interest and is close to the aims of the Association.
The liquidation and the carrying out of the further procedures are under the authority of the board, the General Meeting can establish a commission for the liquidation, too.
