Co-ownership chairman's messages

02/06/2021 - Comment about counting of the votes during the last General Meeting:

We have received many questions about the counting of the votes shown in the minutes of our last General Meeting, and this requires explanations.

The minutes show the list of votes « Opposants à la résolution adoptée » (Opponents to the adopted resolution) and « Abstentions » for each resolution.

In the list of « Opposants à la résolution adoptée », it should be understood that the list counts the owners who have voted in opposition to the decision of the assembly.

Therefore, « Opposants à la résolution adoptée » are those who:

- Have voted « Against » a resolution whereas the majority has voted “For”

- Have voted « For » a resolution whereas the majority has voted “Against”

03/06/2021 - The Co-ownership Council has met the legal trustee:

Two members of the Co-ownership Council have met the legal trustee Mr Michel Bernard, who has annouced the soon sending of the 2021 General Meeting minutes and the call for fees. (See Council meeting minutes dtd 03/06/2021).

Mr Bernard details:

Michel Bernard

Cabinet D'expertise Immobilière Michel Bernard

8 Avenue Victor Hugo

73200 ALBERTVILLE

Téléphone fixe : 04 79 37 12 72

Téléphone mobile: 06 82 23 47 15

Mail : michelbernard.expert@gmail.com

21/05/2021 - Further to the failure to choose an agent and to the action of the Co-owners Committee through a lawyer, the Court of Justice of Albertivlle has nominated a legal trustee for the management of the Residence:

The President of the Court of Justice of Albertville has nominated Mr Michel Bernard from Albertville as legal trustee in order to:

- Collect archives from CIS Immobilier.

- Takeover the control of bank accounts of the co-ownership.

- Manage the co-ownership until an agent is elected during a new General Meeting.

- Call ASAP for a new GM for the above reason.

His mission will cease as soon as an agent is nominated.

PS : We ask you to wait for the instructions of the legal trustee to proceed with the payment of your fees.

29/04/2021 - No agent elected during the last General Meeting !

The most important resolution of that last General Meeting was the election of the agent.

Two agents were proposed to the vote: the current agent (CIS) and a new one (ASE). The result was almost identical: CIS obtained 29281 “tantièmes” and ASE 29209.

Unfortunately, because of the high number of owners who did not vote and because of the choice of others to abstain, the required level of 33334 “tantièmes” was not reached to allow a second round.

Because of this, we are therefore left without any agent since last Monday at 23:59, which was the time where CIS contract terminated. CIS is now unable to release the General Meeting minutes by registered mail. It should nevertheless be available on CIS website in the next days.

CIS refused to call immediately for a new General Meeting although it was still possible to avoid the resulting situation.

This is what is going to happen during the next weeks and months for our residence:

The President of Albertville court was seized by a lawyer, assigned by the Co-ownership Council who settled in advanced incurring expenses. The President will assign a legal agent who will be tasked to gather all documents currently held by CIS, continue the administrative & financial management of the residence and to set up a new General Meeting in the next months in order to elect an agent.

Engagement of all will be needed for this next General Meeting in order to avoid extending that situation which already took place about ten years ago.

Counting on your support, the Co-ownership council remains at your disposal for any enquiry.

PS : All residence accounts are now freezed since the end of CIS contract, we ask those who have not yet paid the fees for the second quarter to wait until the legal agent is in place.

24/03/2021 - Visioconference meeting organized on 13/04 in order to present all items of the next General Meeting agenda.

Given the fact that the next General Meeting will not allow physical attendance and will only allow ballot voting, a visioconference information meeting will be held on 13 of April at 09:00 to allow co-owners to question the agent and the co-ownership Council about the items of GM agenda.

Use the link provided by our agent (within the invitation to the GM) to get connected to the visioconference.

27/03/2021 - Message from the co-ownership Council about the importance of voting at the next General Meeting because of the renewal of the contract for our agent.

Click on the link beside for access to the message

21/03/2021 - Message from the Council about the floor heatiingle sol

We have received many complaints about collective heating expressing the extreme cold felt in the apartments.

We have focused on understanding the reasons for this and identifying solutions while preserving the original goals of economy and equity.

We discussed these findings and propose several actions: (detailed in the document below).

Click on the link beside for access to the message

03/03/2021 - The General Meeting 2021 will take place on 23/04/21

Due to the health emergency and related governement measures, physical attence of the owners will again not be possible. After approval by the co-ownership council, CIS, the co-ownership agent has recommended a vote excusively by mail (letter or e-mail). The General Meeting will therefore consist only in a counting of received votes. Only the voting grids with the list of all resolutions will be allowed, the "power of attorney forms" will not be allowed.

Important: A preliminary videoconference meeting will be organized about ten days before the official General Meeting day. All owners will be invited to attend. All resolutions listed on the agenda will be presented and discussed during that videoconference.

These modalities will be soon detailed....

09/11/2020 - The 2020 General Meeting will take place on November 27th at 10:00 without physical presence of the owners!

You have likely received the invitation sent on October 26th for the 2020 GM which will be held on 27/11. But due to the sanitary emergency and related governement measures, physical attence of the owners will not be possible. After approval by co-ownership committee, CIS, the co-ownership agent has just released a memo specifying procedures for remote voting and with annexed message from the co-ownership committee.

Click on the link beside for access to the CIS memo and annexed message from the co-ownership committee (In French)

Short translation of the CIS memo:

"Dear sirs,

You have received the invitation for the next General Meeting taking place on 27/11/2020 at 10:00.

Latest sanitary measures do not allow the physical attendance of the owners.

A decree released on May 2020 allows for a special procedure without the physical attendance of the owners. After consulting the co-ownership committee, it has been decided that the next General meeting will be held as per this decree.

You can therefore:

-Attend the GM by video conference (you have to send a mail before Nov 23rd to syndic@cis-immobilier.com with indication of the Email address you want to use for the conference).

-Use the traditional power of attorney form and send it with your signature by mail to CIS or to the proxy of your choice who will be attending the video conference.

-Use and send the ballot form annexed to the invitation to CIS before Nov 23rd by mail

We recommend sending your power of attorney to a proxy who will be able to attend the videoconference with a good internet connection and used to attendance to GM’s.

S. Bernard

CIS

21/10/2020 - General meeting delayed

Expected date of 6 of November is now compromised, CIS not being able to release the agenda in due time. We are now expecting a new date in a complicated environment.

Chairman's message dtd 26 September 2020 (Newsletter) :

Hi,

As usual, after every summer season, let’s summarize the main events, since postponing the General Meeting and health context have generated a lack of information for the owners.

•The summer season was marked by an operation in “Covid” mode, both at the pool (access monitored by a supervisor) and by a high frequentation during July & August. The health measures have been strictly observed at the pool with no major difficulty. Feedbacks about the supervisor where mainly positive, since, besides the initial goal, the supervisor allowed to stop access from foreign frequentation and to enforce usual pool rules. Demand is unanimous for repeating the supervisor position during next years, with or without health requirements. This point will be discussed during General Meeting.

•The General meeting initially planned end of April, must take place before the end of this year, in order to approve, among other items, the provisional budgets for 2020 & 2021 and to be able to determine the call for fees and to cover our running costs. As of today, excluding new health requirements and potential schedule issues, the meeting date is planned on November 6th. In order to reduce risks of contamination and to avoid lack of majority required for several decisions, it is recommended to vote by mail. Voting by mail is now possible further to the government decree dated 2nd of July. This decree allows everyone to legally express his voting intentions on the resolutions listed in the GM agenda without attending.

•The Caretaker Mr Rey is in position from July 6th and has regained control over a situation with lack of care on the green areas and on individual’s behaviours (see below). Mr Rey was recruited with a permanent contract and a general site refurbishment can now be expected. His swearing-in should take place in the next weeks and he will be able to take action on the numerous stated cases of incivility.

•The number of cases of incivility increases each year. Samples of this year cases:

-Dogs with no leash walk down the residence, defecating everywhere (Blocks entrances, inner corridors, lawns … and without cleaning by their owners).

-Unfair and abusive parking continues.

-Unacceptable practices: Oil changes on main car park, festive evening parties (very noisy, drinking, wild waste dumping)

-Gardens and fences not maintained properly

We have asked the co-ownership agent to act severely against offenders and to strictly enforce GM decisions.

•A mail will be sent to the mayor to thank him for two decisions taken this year: for the new “La Ronde” shuttle stop close to our residence, and for free pedestrian’s access to the funicular during the summer. The extension of the cycling track toward Villaroger was also greatly welcomed.

•The next GM agenda should be sent in the next days. You will find in the agenda a mail from the owner who repeats unsuccessful appeals against the co-ownership from several years. He is asking again to add items to the agenda, among which, the buy-back by the co-ownership of his two apartments. Beyond the fanciful nature of his demand (including the deletion of his outstanding fees balance) let’s hope that this is a sign of his intention to leave and consequently the end of a period of costly and tiring legal proceedings that we have suffered during almost 10 years. Of course, he is bearing the financial consequences of his useless appeals and unjustified claims.

These are the main informations you needed to have before the next General Meeting. I hope this GM will be the launch point for essential maintenance works and for putting back or residence to good condition.

Sincerely

JP De Haro

Co-ownership committee chairman

Chairman's message dtd 8 August 2020 (Vote by mail for the next General Meeting) :

Hi,

The « Journal Officiel » (Official laws publication), dated 3rd of July 2020, announced a decree released by the Ministry of Justice detailing the format of the form for vote by mail for General Meetings. That form is now compulsorily sent together with the invitation to the General Meeting.

This document should allow everyone to express his voting intentions on the resolutions listed of the GM agenda and to participate without attending, to the decisions taken during the GM.

It is also a guarantee that everyone’s choice will be duly followed, which was not always the case with the procedure of sending the “power of attorney” form with indication of the voting intentions, the proxy having no legal obligation to respect the principal’s choice.

Consequently, a file containing this new form will be enclosed in the invitation mail for the next General Meeting and you will have to use that form to express your voting intentions by mail.

This GM should take place by end October, depending on epidemic evolution, and with an operation mode which will be described in due time.

I would like to remind you that it is very important to either attend the General meeting or to send your power of attorney, since some of the resolutions need a voting rate higher than half of the whole of the thousands to be applicable.

Thanks in advance for your contribution to the good operation of our residence.

JP De Haro

Co-owners committee chairman

Newsletter: 2019 February :

As usual upon every New Year, a few months before the General Meeting which is planned on Friday April 26th, it is the right time for an update.

The co-ownership committee as had a phone conference in order to prepare the GM agenda (which will be pretty dense again). Some new works projects will be presented for approval as a continuation plan of actions implemented in the past 7 years in the areas of maintenance, renovation and energy savings.

This year, after the long period taken for facades renovation, we plan to take care of internal hallways, which is essential to upgrading and maintaining value of our property. Addressing two upper floors at first will be suggested in order to avoid damaging of renewed hallways during the following works.

We plan to continue replacement of the lightings in the staircases (main buildings and garages) as well as other maintenance works in the walkways, green spaces…

As announced during the 2018 GM, implementing new parking places will submitted to the vote during 2019 GM.

Despite the number of requirements, the co-ownership committee endeavoured to keep the amount to be spent in line with the amount spent the previous years.

Further info on a few items development:

Caretaking (see the note dtd Sept of 2018 about difficulties in finding a caretaker):

Mr Marasco who covered the 2017-2018 winter season took again the position end of September after Mr Rey’s departure. He took advantage of the season transition period to proceed with the caretaker’s apartment renewal (which was a legal requirement), allowing some savings compared with the costs of these works if they had to be handled by a contractor.

Regarding the proceedings launched by the previous caretaker at the labour court, the case was addressed during a conciliation hearing last September with no successful outcome. Instructions were passed to our lawyer to assess costs and feasibility of an amicable settlement. Case is still ongoing.

2018 Works : Main regulating heating valves have been replaced. Main car park is now completed, including floor paintings with the exception of 4 locations because of car wrecks.

There are ongoing issues with the main gate and with no satisfactory fix so far.

Legal proceedings launched by one of the co-owners are progressing… at our judicial system pace.

The 2019 GM will be further burdened by the required re-voting of 2012 GM items. This GM was voided by the Court of Appeal because of mistakes on the attendance sheet in logging some co-owners with homonym names.

The whole of accounts have been checked last October and will be rechecked prior to the next GM.

Whishing you an happy new year and looking forward seeing many of you at the next GM in April,

Sincerely yours

The co-ownership committee

Chairman's message dtd 5 June 2020 :

“It is now time, after the 2nd step in containment break, to keep you informed on events that occurred during the containment period and details on how we shall return to our usual operations for the coming summer.

What happened from January 2020 :

Obviously, the General Meeting which was initially planned at end of April was cancelled. We have to plan a new meeting date as soon as the rules restricting the number of persons gathering to 10 will be stopped. We can therefore foresee a new GM by September at the earliest (Key issues being accounting approval and voting for 2020 budget). The year of 2020 will be almost a “silent” year in terms of works completed due to the impossibility to vote for such works during the spring season.

Our caretaker Louis Marasco has resigned at end of May. He was substituted by Mr Irwin Courant from May 11th, Mr Courant being also owner of an apartment in our residence. Thanks for welcoming Mr Courant in his new challenging position.

Mrs Lecrivain, our residence manager at CIS retired and is now replaced by Mrs Nicole Eudes who is still assisted by Mrs Camille Huiban.

Among other issues that need to be brought to your attention, I would like to mention the domestic fire that took place on May 25th evening in and apartment on the 3rd floor. This fire was of limited scale, with no incidence on common facilities (a survey is planned to confirm the first visual assessment). This incident highlights the requirement to not connect the cooker hoods to the CMV system. This is absolutely forbidden and failing to comply could lead to serious hazards such as the spread of toxic vapours in a full building involving the responsibility of the offender. Thanks to those who have such wrong connexion to quickly modify their installation and return to compliance.

Regarding the operation of our swimming pool during this summer, the Government has just allowed pools reopening as part of the second step in resumption after containment. Some operating modes are being experimented in about twenty pools in order to release health protocols. We are expecting the release of such new rules that should be enforced at Les Glières this summer.

Enjoy your holidays, take care and looking forward to meet you.

JP De Haro

Co-owners committee Chairman

Chairman's message dtd 26 June 2020 :

"Last minute…

Our lately recruited caretaker just announced his decision to put an end to his contract before the end of his trial period, i.e. on 11th of July 2020.

His is explaining his decision by the gap between his expectations and the reality of the position. Let it be so!

His selection was based on two main points: first, he was the only applicant after Mr Marasco’s resignation; second, he is owner in our residence, which was identified as a good argument for seriousness and involvement in the position.

As soon as his resignation was announced, CIS started to search for a substitute. Simultaneously, we, the co-ownership committee, got in touch with Mr Florian Rey who occupied the position in the past by two occasions. He approved a proposal for an open-end contract with a salary higher than the one attributed to Mr Bastian, the previous caretaker. His deep knowledge of our residence and the efficiency he demonstrated during the two past period in this job made us confident for the coming season.

Thanks for welcoming Mr Rey in this position.

JP De Haro

COUNCIL'S MESSAGES