Hurra, etter mange dagers venting hadde undertegnede endelig møte med Presidenten, som gav full tilslutning til vårt forslag som er vedlagt. Han ønsket også snarest forslag til kommiteemedlemmer i modifikasjonskommiteen. Jeg forsto ham også slik at han var posetiv til alle de forslag som ikke ble enstemmig vedtatt på møtet 2. oktober,og at kommiteen kunne ta disse opp på nytt for i neste omgang å anbefale disse til ham.Han hadde lite til overs til det han hadde opplevd på møtet 2 oktober.! Olav Lunde
Mar Menor II Golf Resort
MODIFICATIONS – APPROVAL
We feel it necessary to sum up our conclusions and recommendations after the extra ordinary General Meeting April 2.
· We have today 40 – 60 owners that have made modifications which are not in line with the approved Guidelines.
· A large number of owners have been waiting for the amendment to the approved Guidelines at the General Meeting April 2, before starting their modifications.
· Starting legal actions against a large number of owners will be costly, time consuming and detrimental to our image as an attractive golf resort for new owners.
· In this connection we have to point out that our large and costly pending guarantee claims against Polaris will add to our problems. It was not touched upon at the General Meeting April 2, but we are seriously worried that Polaris is not willing to, or financially able to meet with their guarantee responsibilities and that they have no alternative but to fight us in a lengthy court battle. We believe that it is only a matter of time before owners and potential buyers realize this.
· Our present General Articles could have worked if the small minority had been responsible and also respected the majority’s interest and had been exercising their unanimous protection in a responsible way. However, this seems unlikely based on the latest experiences.
· We are convinced that it could be a length process to change our present Articles to a democratic majority decision process. We should of course try this avenue in parallel with other possible alternatives. But we must in the meantime make sure that we are not ending up with chaos, lawsuits and internal fights.
· IRM has the most to lose and has to take the initiative to find an interim solution. In this connection we find it constructive to point out that the other Polaris resorts have fought with these problems for many years and that they have found a solution that works.
Based on this we propose the following:
· The President appoints an advisory Modification Committee to assist him in evaluating new modification proposals. Handling the proposals the committee will have 3 alternatives:
1. Recommend the President to bring up the proposal at the General Meeting for approval.
2. Work with the owner to adjust the proposal before recommending it to the President.
3. Inform the owner that the Modification Committee is not in favor of the proposal. In this case the individual owner is of course free to present the proposal as a private proposal at the General Meeting. Going ahead without such approval could result in legal actions.
· The Modification Committee can afterwards check up whether or not the owner has followed agreements made.
· Realizing that it could take some time before we are able to change the General Articles we suggest the following interim solution.
1. The Modification Committee may inform owners of their recommendations to the President and that the owner may start the proposed recommendation at his own risk and responsibility pending final approval.
2. The Modification Committee will approve modification proposals which are acceptable to a majority of owners at previous General Meetings, including those proposals made at the General Meeting April 2.
Mar Menor II 2011-04-11
Olav Lunde Torsten Cegrell Knut Johnsrud