The history of Costa Paradiso
Edited by Giovanni Faure Ragani
Summary
3) The cards on the table are changing
4) The transition to the Municipality
5) the situation is getting worse
7) The Restoration of the Community
1) Introduction
To identify the root of the problems affecting the area called "Costa Paradiso" it is necessary to analyze the aspects of ambiguity and criticality that have characterized and continue to characterize the overall management of the area itself and in particular the role played by:
there Subdivision cooperative "Costa Paradiso";
there Community of the Costa Paradiso area;
The common of Trinità d'Agultu and Vignola.
The ambiguous and misleading condition that has been kept alive for over thirty years has made it possible to avoid the legal regulations that regulate the life of a Communion of goods, simply by ignoring its existence and superimposing an apparently similar structure, under the label of "Community ", but that it could operate without having to respect the constraints and majority" quorums "provided for by a Communion.
2) The signed agreements
Assignments of lots of land begin in November 1967 after the signing by the Cooperative of the subdivision agreement with the Municipality (All.1) and the constitution of a Regulation ( All.2 ) which governs “the use of common things and services. In each deed of assignment ( Annex 3 ) the following are indicated:
an exclusive property title - the lot on which to build
a title of co-ownership , expressed in ten thousandths, of undivided common ground of about 500 hectares in total
which cannot be sold separately ( Annex 3 ).
Each buyer accepts, with the deed of assignment, is the Convention that The rules.
The Convention of October 1967 ( Annex 1 ) with the Municipality defines the mutual contractual commitments:
the Cooperative undertakes to carry out all primary urbanization works - residential streets and aqueduct - and to the free transfer of the same to the Municipality, as soon as this will be requested;
the Municipality undertakes to provide, at its own expense, for the maintenance of the same, after the acquisition;
and requires compliance with the Allotment Plan (PDL 1967) which provides for a maximum number of 2107 housing units on the 695 lots in the district.
In October 1971, It is held there first Assembly of Communion Participants ( Annex 4A ) of the Costa Paradiso Territory, and these elect the administrative bodies:
Board of Directors (BoD)
College of Representatives (CoR)
Technical-Artistic Commission (CTA)
3) The cards on the table are changing
In June 1974 - is approved by the Municipality and the Region, a new Tourist Allotment Plan (PTL 1974) and in the implementing rules for Costa Paradiso the maximum total number of housing units that can be built in the district is no longer fixed!
It is difficult to think that the absence of such a decisive fact is accidental: and certainly so the most solid barrier against building speculation is removed with all foreseeable effects.
The following year, the August 1, 1975, the Cooperative and the Municipality stipulate a new Convention ( Annex 6 ) that requires compliance with the new development plan and recognizes that:
"... they turn out already carried all the primary infrastructure works: roads, waterworks, water distribution network, electricity network, telephone network, ... "( Art.3 )
but then extends the burdens on us:
"... after the transfer of ownership to the Municipality, the maintenance costs of these works will be borne of the owners for a period of (further) 10 years "( Art 3, page 10 ).
BECAUSE' ?
The Convention must be considered nothing why the Cooperative is not legitimized to undertake commitments and obligations for all of us owners, as:
the mandate entrusted by the majority by the assignees of the lots (those who purchased within 1972) to the President to act in their name and on their behalf it became extinct on 12/31/1972 as shown in the deed of assignment ( Annex 3 )
the Cooperative it has been in voluntary liquidation since December 1973 and now holds only a small share of lots in the area; it is, in fact, a member of the Communion like each of us, nothing more.
Meanwhile, speculation takes hold.
ISVITUR (Institute for Tourist Development) arrives, which has purchased land to build tens of thousands of cubic meters, and begins the construction of large villages, for which it has to build a special sewage-purification system: which it regularly does.
And more and more ISVITUR people, from the Cooperative and local people with strong economic interests in Costa and in a position to exert significant influences also at the level of the Public Body.
4) The transition to the Municipality
In July 1985 happens the Taking of Possession of the primary areas and infrastructures of the district by the Municipality, in accordance with the provisions of the 1975 Convention and the Law.
Taking possession is recorded with official document on 29/07/1985 ( Annex 9 ) and relative communication to the Cooperative (prot. 3744, same date). This pivotal act, it comes concealed to the owners: WHY?
In summary, at the end of 1985:
all infrastructures have been made and taken into possession by the Municipality, as required by laws 1150 of 1942 and 765 of 1967
in the deeds of assignment of each of us there is no mandate FOR THE STIPULATION OF FURTHER AGREEMENTS and / or the assumption of further commitments;
From that date, therefore:
no charge is borne by the owners (according to the 1967 Convention)
the maintenance costs remain the responsibility of the owners until July 31, 1995 (according to the 1975 convention, which in any case we continue to consider nothing)
but we paid a lot because we didn't know these things !!!
5) the situation is getting worse
The power of the "usual suspects" - increasingly inserted in the administrative bodies of the Community - consolidates and manifests itself through:
assemblies convened instrumentally in the most unhappy times of the year (for those who live on the Continent) to have a minimum of - non-local - presences
disproportionate and uncontrolled use of proxies which allows 20 - 30 people - always those - to deliberate on behalf of over 1500 owners;
disinformation and concealment of important decisions: the most serious example, for the damage it is causing (the case of the '92 Conventions) we see below in detail;
continuous denigration against anyone who dares to criticize the work of the Community Board of Directors.
Speculation gallops. The infrastructures cost - especially the sewer - and therefore it is necessary to unload the maximum possible costs on IGNARIAN and INATTENTIVE OWNERS.
The great “director” then comes to the fore and starts a floor for ensure continuation “Sine die” of the burden of charges borne by the owners! A three-step plan:
Phase 1: take charge of the maintenance of the current system.
Phase 2: have the extension of the plant approved (at our expense) at a future meeting.
Phase 3: to have the “indefinite” assumption of the management and maintenance costs of all the infrastructures approved in the shareholders' meeting.
And here is the sequence of events.
PHASE 1
On the same day, (July 30, 1992), TWO CONVENTIONS are stipulated, which are carefully drawn up HIDDEN to all of us owners. Can anyone deny it?
In the first ( Annex 12 ):
"... the ISVITUR Company yields the ownership of the sewage - purification system free of charge to the Municipality that , through its legal representative, accept (Art 2); "
In the second ( Annex 13 ):
"... The Municipality entrusts the community with the sewage system with purifier ... "
and the Community (Art: 3 and 4)
"... undertakes to meet all charges maintenance, operation and management ... without asking the Municipality anything ... until 01/08/1995. "
"... undertakes to plan the upgrade of the sewerage system and purifier ..... and submit the above program to the approval of the Assembly ... "
What admirable generosity! BECAUSE'? It's a "creepy" convention, null and illegal as:
there person - who cheerfully undertakes commitments for all of us owners - she has not no mandate from the Assembly - which knows absolutely nothing about it !!
the Community - which is one Communion - He can not, By law, manage third party structures (i.e. the municipal sewer system).
PHASE 1: CONCLUDED
The discovery of the two Conventions - three years after the signing - produces a profound bewilderment for the very heavy negative consequences for all of us, and for the ruthlessness and arrogance of behavior that surpasses all imagination. Naturally, complaints to the judiciary were made, but to no avail.
However there is a truth: THE FULL OWNERSHIP OF THE SEWER - DEPURATIVE SYSTEM HAS PASSED TO THE MUNICIPALITY. Isn't this one valid reason for the concealment of the two Conventions?
STEP 2
The plan continues with the most "greedy" piece: do approve the expansion of the plant in the Assembly (where the term extension is an euphemism, since the plant will have to be at least tripled) at the expense of us owners. The Board of Directors entrusts the design task to a technician who is part of the Technical-Artistic Commission. The project receives the OK from the Municipality and then it is APPROVED by the Community Assembly of 30/01/1993
STEP 2: CONCLUDED
Of course in the vote was not reached majority qualified prescribed by law (Article 1108 of the Italian Civil Code). For this reason the ATCP contested the resolution in court asking to declare its nullity (which the Court will grant in August 2000, as we will see later) But the morsel was too succulent and could not be missed: for our administrators the resolutions must be valid even in the absence of the "quorum" required for Communion, and therefore
the Community defines itself, ( All.15 )
ASSOCIATION NOT RECOGNIZED ex art. 36 cc
.
a much more comfortable garment, free from any constraint on the percentages required to deliberate .. Well done!
How strange life is: however: - only four months earlier - in December 1992, in a judicial proceeding (not against us of course), but at the Temple Court itself, ( All.16) the same lawyer stated:
"... the Community, as we will demonstrate, is a super-condominium ..." (beautiful chutzpah!)
and spent the next three pages, with learned quotes, to do it !! And a super-condominium has the rules of Communion in terms of qualified majorities to deliberate, so what? What is the legal status of the Community? Variable depending on how it suits us? But 1995 is coming, the year of the cessation of our duties, and therefore the Board must start PHASE 3.
STEP 3
Not at all intimidated by the general protests and numerous warnings, the Board of Directors of the Community goes on its own way and, certainly on the basis of specific agreements with the Municipality, convenes a Assembly of Participants for the 16/17 December 1994 in Olbia with the following agenda:
Stipulation of the Agreement with the Municipality for the exercise of the concession by the Community of services and facilities
without informing us owners in advance about the contents of the agreement
without mentioning the Conventions concealed of 1992
on a date that aims to have the minimum of unwanted presence of owners
with all due respect to transparency! Upon appeal by the ATCP, the Tribunal of the Temple orders the suspension of the meeting. The Assembly is not held.
But Phase 3 must be closed! A year passes and what had failed with the failed assembly of December 1994 succeeds January 27, 1996. The Participants' Assembly APPROVES: ( Annex 20 , Annex 21 and Annex 22 )
* THE ENLARGEMENT OF THE SEWERAGE AND THE RELATED EXPENDITURE - AT OUR CHARGE
* THE MANAGEMENT OF THE MUNICIPAL SERVICES FOR AN INDETERMINATE TIME - AT OUR RESPONSIBILITY
The Plan is completed!
Naturally the ATCP, as it had done on the occasion of the assembly of '93, grips the resolutions in court asking to declare its nullity (which the Court will declare in April 2000, as we will discuss later).
We close this chapter with a "gem" that is incredible: the administrators of the Community, in the years between '93 and' 96, in the continuous desperate attempt to prove that we are not a Communion, they come to support that we owners DO NOT OWN undivided commons!
It is against all evidence: there are almost 500 hectares of undivided common land, as reported in the deeds of assignment and in the Regulation itself ( Annex 2 And Annex 3 ). And they don't say it at the bar, this is stated in documents presented in the Temple Court.
Here are three examples:
Presidential Audience pursuant to art. 737 cpc dated 28/07/1995
"Memory of response and constitution for the Community [...] towards [... pag.7 ...] [...] the Communion exists when the property or other real right belongs in communion to several persons and in this case the 1300 owners [...] they have no real estate in common. "( All.23 )
Appearance of the constitution and responses dated 01/22/96 in the interest of the Community [...]
"[... pages 8 and 9 ...] the 1300 owners of the lots sold by the Costa Paradiso Coop they have no good in common [...] "( Annex 24 )
Hearing for the appearance of the parties of 11/06/96
"[... page 11 ...] the owners have nothing in common [...] "( Annex 25 )
The stubbornness of these gentlemen to deny the reality of Communion leads them to deny reality!
But in the meantime the Community was carrying out what was gradually deliberated in the Assembly. Since 1993 he had started asking for sums of money e started the works of expansion sewerage, ignoring complaints, requests for clarifications, criticisms of a technical nature, but above all ignoring the fact that the common
- had not launched a public tender
- had not issued any building permit ( Annex 17 )
- had not informed the Department of Environmental Defense
and on 9 May 1995, following repeated reminders from the ATCP lawyer, the Department took a stand against the "lightness" of the Mayor, obtaining that the bulldozers stopped temporarily! But here is that a end of summer 1996 the bulldozers start again with excavation and pipe laying works: who authorized the works? With which building permit? Are they able to do it? what guarantees do they offer? who is responsible for any damage? Is the current extension owned by the municipality, privately, or ... mixed?
It is not known. What will be discovered is that on July 9, 1997 a will be released by the new Mayor new building permit for the extension of the sewer: to whom? to the Community! And the public procurement? And the guarantees?
LET'S SAY IT ONCE FOR ALL: the sewer problem Yes is magnified in time because the hygienic-sanitary norms foreseen by the PTL 1974 and the Convention of '75 have not been respected for decades which require that ( Annex 6 ):
in the case of isolated houses, the disposal of sewage is carried out through septic tanks
in the case of collective housing, in addition to the septic tanks, a suitable and sufficient artificial biological purification plant is built
Therefore who built (and builds) multiple housing units was (and is) obliged to create an adequate sewage system for sewage disposal! Just as ISVITUR did for its villages: the ISVITUR sewerage Cooperative certainly did not build it!
So:
why have the administrative bodies of the Community not imposed compliance with these rules?
why did the municipality issue building permits for homes that did not respect these constraints?
Does the Board want to answer us? Does the Mayor want to answer us?
6) Spring in Prague
Nauseated by these behaviors, the Members of the ATCP decided to appeal to the Temple Court to obtain a Judicial Administrator. The Court ascertained - through two Technical Consultants appointed by the court (Naturally at the expense of ATCP) - that i common goods consisted mainly of land, for about 487 hectares, which fell under the juridical status of Communion and the January 13, 1999 appointed a Judicial Administrator of the assets in question ( Annex 26 ).
The Community lodged an immediate appeal and the Cagliari Court of Appeal, by decree of May 7, 1999, accepted the complaint, revoking the Judicial Administrator, but confirmed the juridical status of Communion ( Annex 27 ).
The following year, the same Court of the Temple, accepting the two appeals of the ATCP mentioned above, declares the resolutions adopted in the Shareholders' Meetings of January 30 '93 and January 27' 96 null and void because without a qualified majority foreseen by the norms of Communion ( Ann. 28 And Annex 29 ).
Never say: our administrators cannot accept it, and of course they appeal for both procedures. At the same time, they also call (All.30), for the day April 13, 2001, a Extraordinary assembly for reapprove all canceled resolutions from '78 to '96, and the assembly, with the usual insufficient majorities, approves. But on this occasion the President of the BoD officially declares that the juridical nature of the Community is that of "COMMUNION of undivided goods". Something has certainly changed: it is the beginning of one “Prague spring“! Indeed:
June 2001:
a Agreement Protocol ( Annex 32 ) between the Mayor of Trinità and the Board of Directors in which they are taken mutual commitments for the acquisition of infrastructures and the management of public services by the Municipality.
October 2001:
the first meeting of the Communion Board is held (Annex 33 )
November 2001:
the BoD formally communicates to the Mayor ( Annex 34 ) the unanimous decision to cease the management of the municipal sewer and purifier by 31 December 2001.
It's all too good to be true! The logo is changed, the signs are changed, the statements and the attitude of the Board change, even the attitude of the municipal administration seems to change, ......but........
7) The Restoration of the Community
In December 2001, the Board of Directors learned from the Vice President of the unexpected resignations of the President for family reasons. In the following March the BoD convenes ( Annex 35 ) the Ordinary Assembly of participants in COMMUNION of Costa Paradiso, in first call on 31 May, and in second call on June 1, 2002. But something has changed again. Indeed :
the approval of the financial statements for the three-year period (1998/2001) takes place without the majority qualified
voting for corporate offices takes place with a plebiscite outcome: 5012 in favor, no contrary, no abstentions. No comment!
Furthermore, on the following August 31, the owners are sent the minutes of the ordinary meeting of participants (no longer than COMMUNION but ...) of the COMMUNITY ( Annex 36 ).
The disavowal of the state of Communion had occurred with surprising rapidity.
IT WAS RE-COMPACTING, WITHIN AND OUTSIDE THE BOARD, THAT POWERSHIP CORE THAT HAD ALLOWED ITS MEMBERS TO DOMINATE THIS COMPREHENSORY BY EVERY MEANS FOR MORE THAN TWENTY YEARS.
Any reference to the state of Communion - the logo, signs, etc. is deleted. The commitments made have become waste paper; the restoration of the community is total: the "Prague Spring" was over.
The script that went on for many years continues: at Ordinary Shareholders' Meeting of May 28, 2005 ( Annex 38 ) are present 25 people who vote for almost 2000 owners!
Without a qualified majority, approve the financial statements of the last three years and elect the new corporate officers - nineteen people between the Board of Directors, the Board of Representatives and the Technical Artistic Commission - exactly the same as in the previous three years (except one)! If this is not a regime!
8) From the courtrooms
In mid-2002, with sentence (No. 305) filed in October, the Court of Appeal of Cagliari, section of Sassari, confirms the nullity of the resolutions of the Assembly of '93 because in contrast with the norms of Communion ( All.37 ). We therefore won in 1st and 2nd grade. The new community has no choice but to appeal to the Supreme Court.
In November 2005, then, we are informed that the Court of Appeal Not has confirmed the nullity of the resolutions of the subsequent Assembly, that of '96, and, consequently, the ATCP appealed to the Court of Cassation on 10 December 2005. And the years of waiting begin.
Long last, in February 2008 the Supreme Court declares the appeal of the Community is inadmissible ( Annex 44 ); consequently, as the Court of Appeal had established, the resolutions of the 1993 Assembly are null and void and the legal nature of the Costa Paradiso area is that of Communion of undivided assets.
Nonetheless, in the ordinary Shareholders' Meeting of the following May 31st in Olbia, the financial statements are deliberated and approved quietly, in the absence of a "quorum". The ATCP appeals requesting the nullity of the resolutions. The lawsuit is still pending.
And to this day we are awaiting the decisions of the Court of Cassation on our appeal for the nullity of the resolutions of the '96 Assembly.
And the wait continues
9) What future?
The future of Costa Paradiso will depend on how much commitment and tenacity we continue to put into countering the actions of a handful of people who administer the District as if it were their exclusive property.
There Community it is a phantom body without a DEED of Incorporation or a STATUTE that justifies its existence. There is simply a regulation produced by the Cooperative e illegally modified (see Art.68) for the interest of a few.
Nonetheless, the reports of building abuses and the devastation of the territory (which are visible to everyone) unfortunately did not stop the phenomenon due to the strong economic interests at stake and the complicity and omissions on the part of public bodies. . We must not lose heart but change strategy, bringing the complaint to the media level and relying on those regional and national organizations that have the protection of the environment as their institutional aim. targeting both our administrators and the municipality of Trinità. What services does the municipality of Trinità provide to Costa Paradiso against the ICI it receives? How can it continue to fail to honor the commitments it has made in the conventions?
This is the direction in which we are moving, but we will not be able to act effectively if not expanding the membership base; not only to have more resources, but above all to raise awareness of which are the key points to be resolved in Costa Pardiso, to stop an unstoppable havoc that is detrimental to everyone.
..... AND THE HISTORY CONTINUES ....
Edited by Giovanni Faure Ragani