COMUNIDAD DE PROPIETARIOS DE HACIENDA ELVIRIA

President Report 30 January 2.010

Reference: Painting issues raised by Peter Roos (B32 Ap4)

On the 18th January 2010, Peter Roos sent an e-mail to numerous owners of properties in Hacienda Elviria, Titled ; “Important to all owners who have not replied plus photos” It should be said that this communication was not sent to any of the board, all of whom are owners and whose e-mail addresses are known to the author.

This e-mail had attached to it 40 photographs that presumably he had taken showing various aspects of the painting project being undertaken in Hacienda Elviria below, in this report we will go into each one giving complete information about the content and implications.

We wish to emphasise that we believe we have put in place a good contract with necessary safeguards as described in my recent publication to owners, let me remind you that from the total cost of one block the 10% is kept one year for unforeseen defects.

We wish to emphasise that we are not defending the painting company, contrary to the many e-mails from Peter Roos that have implied this.

We believe that the involvement of the Peter owner list “ POL “ they named “action group” at the outset was constructive.

We on the board are all owners too and want the best for our community as well as for ourselves.

We now believe that the leader of that “POL”, Peter Roos, is going far beyond the original intentions of the group. In our view, as you can see below some examples, he is supplying owners with inaccurate and misleading information about the painting project. Most of these owners are not actually here to form their own view of the work and are therefore inclined to believe everything that Peter wishes to put into his communications.

The truth is being massaged for what intent? We believe that the POL group are moving for a change of management and as Peter has already stated, he is willing to be vice president. Why not the president? By the way, we had a meeting in August (Terry, Peter, Dave C and me) in the PUB of Alanda Resort and he asked to be with me also vice president.

If at the AGM the owners wish is for a change in management so be it, we will gladly respect the wish of the owners and stand aside. It is not as if we are highly paid executives, we are just owners who also wish the best for our community and ourselves. Why would we wish to manage a project to the detriment of ourselves? We also believe that the POL group were somewhat disappointed that we did not choose one of the companies that they obtained quotes for. Our methodology and reasons for selecting the present company were completely transparent and made public, we must point out that one of the members of the “Selection Team” was suggested by POL group. Yet in at least one e-mail circulated on the 11th January by Peter Roos there was a carefully guarded innuendo as follows;

BUT not one of the companies we had found were invited to attend the interview...and the contract was awarded to pintugarvi, who had suddenly dropped their first quote by over 100,000 euros. Make your own suppositions on that.!!!!!

We clearly take exception to such a suggestion that any of us have benefited financially in any way from either the awarding of the contract or the acceptance of anything than the proper execution of the contract terms. We shall continue to monitor any such suggestions with vigilance.

It would be thought, that to get a discount is something to be celebrated but on the contrary it is suggested there is something in the shadow. Of course the “crisis” helped us, to understand the process. Just as an example, imagine you are right now trying to sell your apartment you will face a very high difficulty for selling and you have to offer a discount of more that 20%, but you are selling your apartment not another with poor quality.

We also believe that Peter Roos has adopted this hostile approach because of his personal dislike of Senor Manuel Ramirez, the person chosen to supervise the day to day activities of the painters and the security of our products as well as communication back to the board on such matters. We also believe that this is not just Peter´s view alone and that it is driven by others around him. So be it. We were elected to manage your affairs to the best of our ability for one year and that is what we are doing. We shall answer for our actions at the next AGM with complete openness and pride.

There is much more to managing a community than just one project as our successors, if that is what happens, will soon find out. It is a shame that one man has taken on the role of bringing unrest to the community and finds it necessary to manipulate the facts in order to do so. Is this a man for future office?

It seems that the sun returns: it has been raining from December 18, 2009. The works have been delayed; some repairs will be needed due to filtrations and floods. When the Meeting is celebrated I hope that everything continues well.

"See you soon".

Felix Diaz

And here we have the set of photograph with the comments.

The board of management have looked at these photographs and for ease of identification we have numbered them and put them under various subject headings as follows:

1. Alleged bleeding and shade differences.   11 photographs
2. Flakes, peeling and blisters.   7 photographs
3. Workmanship.   8 photographs
4. Cracks, bandages and chips.   6 photographs
5. Painting and preparation of green ironwork.   3 Photographs
6. Other matters.   7 photographs.

Alleged bleeding and shade differences

We agree that there should not be any bleeding or shade variations at all. We do not know when these photographs were taken although we are fairly sure that they relate to work done or being done at the beginning of the project in blocks 31 to 34 in that order.

Following publication of these photographs we shall be conducting an inspection when the weather allows and we shall report our findings. If we find the photographs are representative of the current situation this would be unacceptable and correct remedial action will be insisted upon. Remember we hold 10% of the cost for just this sort of eventuality.

Flakes, peeling and blisters.

This subject is similar to the one above. However there is one difference. Since the 18th December 2009 we have experienced almost continual heavy rain, so much so that all the reservoirs are now full. This is unheard of. Peeling and blisters to paintwork nearly always occur from underneath the paint by the existence of water or damp. Therefore there must be ingress of water that is causing this problem. We shall inspect such areas if they still exist and try to discover the cause.

Now whether that cause falls within the remit of the painting contract we shall have to wait and see when the conditions for proper inspection are available. Photographs 13 and 15, shows flaking on the top surface of a garden wall. This subject is already known to the board and is due to the top surface being finished with apoxy resin. The weather influence and the way of painting or even the painting material is under consideration and a remedy is being sought. Again, just the sort of reason why the retention of 10% was part of the payment protocol of the contract.

Workmanship

All 8 photographs demonstrating this issue clearly indicate a standard of workmanship that is well below that expected. We are convinced that the painters themselves would have to agree this too.
However we do not know at this moment in time at what stage of the project these photographs were taken and whether these situations still exist. We shall investigate and report accordingly.

Cracks, bandages and chips

The four photographs submitted do seem to indicate matters to be looked into. However, we have to separate out the 3 subjects from each other.
Cracks; There are two different sorts of cracks, structural and superficial. With structural cracks, usually the larger ones, these are knocked out and filled/rebuilt.
With superficial these are filled with the SIKA products.
Of course some smaller cracks can be missed but where detected they will be redone.
Bandages; Bandages can be an acceptable repair in certain instances, but many if not all of the bandages that were previously applied to the current painting project are being removed and the crack repaired under the criteria above. This especially applies to the bandages that were applied and painted white by Thomas Graham. Our painters who are experts in their field will decide which other bandages are to be removed or are satisfactory.
Chips; Damage occurs to buildings especially the edges and corners of walls at any time. That does not mean that the painter caused them.
With some of the photographs that Peter has submitted relating to chips, it is known that these were caused during work in the penthouse of block 32 after the block had been painted. This has been previously discussed at meetings with Peter and Dave Chacksfield and was explained that these would be repaired and repainted at the cost of the owner. However the weather has so far not allowed all these snags to me done. We believe that it is misleading and mischievous of Peter to have included such photographs just to try and emphasise his cause, whatever that maybe.

Preparation and painting of green ironwork.

As far as we are aware the 3 photographs published by Peter Roos are of his own apartment.

He and David Chacksfield brought this subject to our attention almost as soon as the work had been done.

As a result of an inspection immediately after this, it was recognised that the paint we were using by recommendation, was not drying properly. As a result a new more expensive paint was identified for use on this contract. Peter and Dave were informed of this together with the fact that it had been agreed that all areas painted with the faulty paint would be re done. This has also been advised to all owners. Yet peter insists on sending out old photographs with no explanation of the meetings and decisions to which he was present and informed. We are waiting for the correct weather conditions for the re-painting to be done.

In principle with iron work it should not be necessary to completely strip off the old paint and the primer beneath. It is sufficient to identify which areas of the ironwork are in poor condition, especially joint areas where rust can show. These areas should receive special attention in the re-preparation and renewal of the primer before painting. Ironwork painted with the new paint has not shown the same symptoms and is producing much better results.

We should also point out that the painting of garage doors was not part of the specification. The garage doors were painted less that two years ago with same principle as described above and we do not recall one complaint about that work.

Other matters 7 photographs

The first 4 photographs are of an area above the garage entrance to blocks 31-34. This matter was discussed face to face with Peter and David very early on in the project.

The subject was immediately pointed out to the painting contractor and corrected. Why now in late January is Peter including such photographs in his communication with owners?

Another photograph number 37 in the attached appendix titled “How can we be signed completed" shows the retaining wall coming up from the entrance to blocks 31 and 32. As you will see considerable work has been done to this wall to make it suitable for painting.

Again a meeting was held with Peter and David at this wall in mid December and it was explained that the wall had not dried sufficiently for the wall to be painted. Also the terraces were also being repaired at that time to rectify the cause of the water getting into the wall in the first place.

Peter and David were content at that time with this explanation, since when it has rained virtually continuously and so it still has not been painted. This photograph actually demonstrates the amount of preparation that the painters are doing. So why has Peter included this photograph to the owners about the painters alleged bad work?

Photograph number 38 shows a small step in the terrace leading to the entrance to all apartment blocks. The edge of these steps was painted yellow about a year ago to indicate a safety hazard to pedestrians. The re-painting of the yellow forms no part of this ongoing contract at all, so why are owners being asked to form a view about the painters on something they have not done.

Photograph 39 demonstrates a broken tile to a terrace of a garden apartment. The innuendo is that this was broken by the painters we presume. This is a very bad assumption to make unless Peter has actual first hand knowledge as to how the tile was broken. Why does he do this?

Lastly photograph number 40 is titled “used as a paint store now lock broken”. It shows the corner of the outside cupboard door to the water metres where I agree the painters did store their paint after work each day. The part of the wall keeps breaking because the frame of the door is not fixed securely into the wall, causing vibration. In fact the painters have repaired this wall more than once with the same result. It is up to us the committee to repair the frame of the door not for the painters to be accused of poor workmanship as this photo implies.

Peter Roos Painting issues.

Part 1 Alleged bleeding of paint and shade differences.11 Photographs of unidentified areas. Presumably in,the region of Blocks 31 to 34.

	Photo 1 Two Shades
	Photo 2 Two shade of Pink
	Photo 3 Contrast in Colour
	Photo 4 More bleed through
	Photo 5 More contrast in colours
	Photo 6 More white coming through
	Photo 7 Pink paint where should be white
	Photo 8 Speaks for itself 2
	Photo 9 White coming though to interior
	Photo 10 Speaks for itself.
	Photo 11 Front of my balcony

Peter Roos painting issues

Part 2 Flakes, peeling and blisters. 7 photographs indicating this factor

	Photo 12 2nd time blistering white paint between 3 & 4 block32
	Photo 13 Flake & Peel all along garden wall
	Photo 14 Blistered Paint
	Photo 14 A White coming through
	Photo 15 More flake and peel
	Photo 16 Pillar apt2 Block 32
	Photo 16A White blee

Peter Roos painting issues

Part 3 Workmanship. 8 photographs

	Photo 17 Sloppy work
	Photo 18 Paint splodges not cleaned and bleeding
	Photo 19 More missed spots
	Photo 20 Paint not cleaned up
	Photo 21 Looks poor
	Photo 22 Not fully painted white missed.
	Photo 23 very poor pillar base
	Photo 24 Also looks poor

Peter Roos painting issues

Part 4 Cracks, bandages and chips. 6 photographs

	Photo 25 Cracks not filled
	Photo 26 Bandage sticking through
	Photo 27 Half way up post caused by painter.
	Photo 28 More untreated cracks
	Photo 29 One of many chips
	Photo 30 Many chips caused by painters hoisting to penthouse.

Peter Roos painting issues

Part 5 Painting and preparation, of green ironwork. 3 photographs

	Photo 31 Two colours on my grill
	Photo 32 Rust on my grill
	Photo 32A Bubble and rust on my grill

Peter Roos painting issues

Part 6 Other matters.    8 photographs.

	Photo 33 Two Shades of paint above garage 31-34
	Photo 34 Above garage door Blocks 31-34
	Photo 35 Over garage door Blocks 31-34
	Photo 36 Garage door not painted and pink
	Photo 37 How can we be signed completed?
	Photo 38 Not painted at all
	Photo 39 Broken tile in front of empty apartment
	Photo 40 Used as paint store now lock broken

Marbella, 16th of December 2009

Minutes of Meeting 28th September 2009

Dear Owner,

PAINTING PROJECT
"Evaluation of estimates"