Dear Participants,

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in view of the assembly for the renewal of the elective positions of the Community, scheduled for 10 August 2016, ATCP considers it necessary to present itself at this important appointment with a program of change for the Community's innovation, aimed and open to all Participants, without no foreclosure. Those who share its contents are asked to express their adhesion either by signing it explicitly, or by voting (or by issuing the proxy) in favor of the list supported by ATCP.

This document, which describes it, is divided into three parts. The first, which constitutes the premise, reports a brief analysis of the current problems and the identification of the causes and responsibilities that determined them. The second sets out the lines of the program with an indication of the initiatives and interventions necessary to solve the problems, which the new Board of Directors undertakes to implement. The third, not yet defined, but which will be announced a week before the meeting, will present the lists of candidates to the three representative bodies of the Community.

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PART I.

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   1 THE PROBLEMS TO MANAGE AND SOLVE

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The subdivision of Costa Paradiso, born in 1967, had started with the papers in order and with the best prospects to implement the correct tourist development of the territory: agreement between private individuals and the Municipality with subdivision agreements according to the law, with specific obligations borne by both ; strict respect for the natural environment; good building standards, consistent with the environment; adoption of a regulation of the territory, compulsorily accepted by all at the time of purchase, aimed at guaranteeing both the civil coexistence between the owners of real estate units, and the observance of the technical standards and the building and landscape restrictions established in the Territorial Allotment Plan (PTL); development of collective and urban planning services. In short, a settlement intended to represent an urbanization model for tourist-residential purposes, in which the buildings should have been harmonized with a natural environment of extraordinary beauty, without devastating it.

Well, in the last fifteen / twenty years that model, good on paper, has been progressively disregarded and distorted!

The subdivision agreement, whose temporal effectiveness is, by law, ten years (see on the website www.atcp, it - History section), has ended up becoming a timeless and unregulated implementation tool. Upon its expiry (01.08.1985), or, if desired, also on the extended date of 1 August 1995, the Municipality of Trinità was obliged to take charge of the urbanization works carried out and the integrated water service. He did not do so, thus failing to comply with his task of governing the territory that is due to him by law. On the other hand, despite the absence of an extension / renewal of the agreement, it continued to grant building permits, without collecting primary urbanization charges from the builders; charges, which would have allowed him to carry out the provision of financial resources to be allocated to the enhancement of existing works, so as to adapt them to the protracted building development, even after the expiry of the subdivision agreement.

In the absence of this provision, the Municipality argued that the costs of upgrading the urbanization infrastructures, and in particular the sewage system, should have been borne by the owners of Costa Paradiso, even adopting tax resolutions, which ATCP challenged at the TAR of the Sardinia. In turn, all the boards of directors that have followed one another over time, including the one that has just expired, have fully acquiesced to the position of the Municipality, even if in contrast with the interests of the Participants. Therefore, not only have they decided to finance the drafting of the project for the expansion of the sewer system (as foreseen in the convention n.8401 / 1992) but also have invested the Community with the role of proponent of the realization, at the public bodies responsible for approval of the project, although without a specific title of legitimacy.

In this scenario:

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• The owners of Costa Paradiso have been burdened with undue burdens and expenses and, at the same time, damaged by the loss of value of their real estate investment both for the economic crisis that has occurred in the sector, and for the type of building development imprinted on the territory: he natural environment has suffered injuries that all can see, while community services have remained at a minimum, not to mention absent;

• the legal qualification of the Community and, consequently, the social purpose, the rules and the management system of the Community remained uncertain and never defined; a system that has become increasingly expensive and, however, inefficient, with deplorable episodes of the disappearance of funds from the social fund and with high levels of arrears;

• the sewerage project was supported by the Community not so much to safeguard the natural environment, but to support a building development, which went well beyond the technical rules and limits established by the subdivision plan;

• there is no idea of Costa Paradiso for the future that would enhance its great potential as a long-stay tourist settlement, which goes beyond the bathing season in the strict sense.

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   2 CAUSES OF PROBLEMS AND RESPONSIBILITIES

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Excluding the intention to make trials in the past and to formulate accusations, but for the sole purpose of identifying the most suitable solutions to the problems highlighted above, it is necessary to analyze the causes and the subjects who contributed to them.

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As for the causes, they must be identified:

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1. in the poor attitude of municipal administrators to guide and govern tourism development in a shrewd and far-sighted way, so as to safeguard the natural heritage, on the one hand, and the development of adequate urban services, on the other, to make the effects of this development lasting ;

2. failure to comply with the building rules provided for in the PTL and in the territorial regulation, which has led to the construction of all types of buildings, outside the established standards, transforming an area, once of considerable tourist value, into one of the many bad settlements combined, because they lack an overall project;

3. in the disinterest of the mass of Participants / owners to take care of the management of the Community, delegating the destinies of the territory to a few people, whose interest was to:

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• take full advantage of the development of construction activity;

• defend a model of self-management of the Community not limited to common goods, as provided for by the Regulation, but extended to the private management of urbanization works, the integrated water service and other urban services, on the (wrong) assumption that it would have ensured levels of better service than those that the Municipality of Trinità would have been able to guarantee, but which in reality had, essentially, the purpose of favoring the development of building activity.

• The management of the Community was therefore influenced by the need to protect these interests, while leaving the aforementioned burdens and problems to the Community of owners.

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The results show that, in the end, everyone lost us, with the consequence that:

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• The territory, which was supposed to be a naturalistic asset for everyone, to be protected in every way, has suffered irreversible damage;

• Building contractors, who, in their heyday, made big profits, even at the expense of their buyers, find themselves having to pay the bill not only for an economic crisis, which has almost paralyzed their business, but also for design , wrong, to want to transform Costa Paradiso into a place of welcome for mass tourism, moreover concentrated in two summer months;

• The owners, who have not only suffered the loss of value of their investment, but who are still called upon to face ever greater management costs and to finance urbanization works, which are not their responsibility;

• The Municipality that has not been able to prevent the degradation of a place, which, if it had been managed and protected by responsible people, oriented to create the conditions for widespread and lasting well-being, could have remained a small paradise, even for future generations.

As for the responsibilities, it is clear that they must be shared, albeit to a different extent, among the aforementioned subjects.

PART II. - A change program for the innovation of the Costa Paradiso Community.

In the face of what has been said in the introduction, there is only one way to go, which should be shared by all, or at least by the most responsible majority of the Participants: that of reversing the course and giving a change to the administration of Costa Paradiso:

• clarifying the state of the subdivision, the role of the Municipality and the urban planning services of the territory;

• promoting the reform of the Community to improve its management;

• protecting the territory to prevent further tampering;

• working to give substance to a different vision of Costa Paradiso.

   3 THINGS TO DO, A REAL CHALLENGE FOR THE NEW BOARD

    3.1 Give a definitive structure to CP from the urbanistic point of view and clarify the role of the Municipality.

Beyond the outcome of the appeal to the Regional Administrative Court against the Municipality, in order to implement this line of action it is necessary to activate a discussion and negotiation table on the OO.UU. with the Municipality. The comparison must be aimed, in the first instance, at verifying:

1. The state of the obligations assumed by the Municipality through the subdivision conventions signed by it, regarding the urbanization works;

2. The transfer to the Municipality of Ha 85.28.64 corresponding to the areas intended for urbanization works, through the supplementary deed of 09.12.1975 to the agreement of 01.08.1975 and the validity of the deeds that have transferred the current sewage system to the Municipality ;

3. The possibilities of a shared solution Municipality / Abbanoa and the CP owners regarding the project for the new sewage system, including the modification of the (wrong) forecasts of the PTA, which, if not modified, would entail the obligation to adapt the Savi project to 19,500 pop / eq.  ;

4. interventions to protect and safeguard the territory.

Once these checks have been carried out jointly between the Community and the Municipality, it is a question of examining the possible solution hypotheses, both in relation to the sewage system and in relation to the other OO.UU., according to an agreed plan.

There is no doubt that, according to the signed agreements, the Municipality of Trinità must acquire all the works from its unavailable assets, also taking care of their maintenance. It will then be up to the Municipality to evaluate and decide whether to implement direct management, or to entrust it in concession to private subjects, in the ways provided for by law, financing it both through local taxes of municipal competence, and with the application of the tariffs provided for the integrated water service.

As for the sewage and purification plant, the expiring Board of Directors unlawfully resolved to carry out the works on the first lot of the Savi project. The illegitimacy derives from the fact that the aforementioned works "are based on the incorrect assumption of the existence of a duty of the Community and / or the developers to build and manage the plant, without in any way considering that the works must be carried out by the Municipality as owner of the infrastructure and of the network ... According to the overall agreement, the bond on the part of the Community remained in existence only until 1 August 1995, so that the same is neither entitled to carry out the works, nor the entrant of the management of the same ". Despite this, the Community forwarded the payment request to the participants, justifying it as implementation of the resolution of the Participants' Assembly of 28 May 2011, although in the aforementioned resolution the Assembly only approved the program to upgrade the sewerage and purification system. , not its realization, in line with the obligations assumed by the Community in Convention no. 8401/1992 stipulated with the Municipality of Trinità d'Agultu.

Pending the decisions of the Regional Administrative Court, the questions to be submitted to the next meeting of the Participants on 10 August will therefore concern: a) the legitimacy of the Community as the proposing subject and as the implementer of the project for the expansion of the current plant; b) the need for revision of the project itself, following the verification process carried out by the Community consultant. In any case, the new BoD will have to complete (if not completed) the maintenance interventions already started on the existing plant, to bring it up to standard and then formally transfer it to the Municipality.

    3.2 Promote and initiate the process for the reform of the Community in its legal framework e                 organizational.

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The fundamental objective is to give the Community a certain and defined legal identity, defining its social purpose in a definitive way; the interests of the Participants; the legal qualification most suitable for achieving the corporate purpose and protecting the aforementioned interests. On these basic elements, the founding acts of the new legal entity must be prepared, namely the articles of association and the statute (regulation) . These issues have been preliminarily dealt with in the document “Legal nature and organizational model of the Community of C. P” by Mulas & Angeli (see on the website www.atcp, it - Section of the President's Corner). In this document, the various judgments on this issue were examined, oscillating between the qualification of communion and that of an atypical urbanization consortium (sentence no. 29755 of 2011 of the Court of Cassation). From the latter it appears that the relevant and decisive element for the legal qualification of the Community of Costa Paradiso, a prerequisite for the correct identification of the discipline to be applied, is the assessment of the interests involved and, consequently, the identification of the legal form that best protects such interests.

Now, the interests involved can only be those inferred from the Territory Regulations, such as the administration and use of common goods and services; the respect of the obligations and the protection of the rights, both real and personal, of the owners, through the application of the rules concerning: the characteristics of the buildings; urban planning, environmental and landscape protection, construction, hygiene and health; the correct distribution of expenses.

On the other hand, the Regulation does not contemplate in the social purpose the management and construction of primary urbanization works and the services connected to them, typical tasks of a classic urbanization consortium. Therefore, the fundamental interests, which the atypical obligatory consortium (to use the qualification of the Court of Cassation), today called the Community of the Territory of CP, is destined to pursue, are identified with those typical of a communion of goods. This does not exclude that the members of the Community want and can protect further interests, such as the enhancement of the common territory and the promotion and improvement of the collective and urban services of the district, thus extending the scope of the social purpose provided for by the current regulation and , consequently, the tasks of the Consortium-Community.

To do this, a specific deed of incorporation of a new legal entity - the Costa Paradiso consortium - is required which can include, among its purposes, the management of collective services and the implementation of interventions for the enhancement of the common heritage, to be submitted for approval. the assembly of participants; obviously with the majorities required for this type of resolution.

In short, it is a question of carrying out a reform of the Community that can combine the twofold mission: 1. of the management and improvement of common goods; 2. the development of services in the area, to encourage stays over a period of time that goes beyond the summer season. In this perspective, the new BoD will have to entrust sector experts with the development of the best organizational solution, working on the hypothesis of establishing a new legal entity, adequate for this.

      3.3 Create a management system that is more efficient, more transparent and cheaper than the current one

(wasteful and inefficient), capable of containing management costs, avoiding waste, minimizing the phenomenon of arrears, but also abuses.

The tools and methods to achieve this fundamental objective will have to leverage on a new budget structure and on a management and accounting information system capable of keeping under control all the relevant elements for the purposes of sound administration. The most evident result of the new management tools must be transparency, knowledge of expenditure and the breakdown of the same by specific cost centers, so as to allow an analysis of the same by type and destination. The objective is to reduce the management fees charged to each participant, which is considered a priority commitment.

    3.4 Protect the natural heritage as a factor of development and enhancement of the territory.

At the base of this line of action, which obviously includes the defense of the territory and the respect of urban planning, building, landscape and public hygiene constraints, there must be a vision of Costa Paradiso projected into the future: that of a tourist settlement in seaside destination, which could extend the season up to seven / eight months a year, thus becoming a sort of health resort. To this end, it will be necessary to stimulate and promote, with the help of the Municipality, adequate initiatives to develop both urban planning services to the community, typical of an urban agglomeration, and various types of tourist attractions and attractions connected to the peculiar characteristics of the territory, not only of Costa Paradiso. , but also of Sardinia.

It is, in fact, now a widespread opinion that insisting solely on mass tourism concentrated on 2-3 months a year is uneconomical and is a cause of degradation to the environment and ecosystems. This type of tourism, however, is in contrast with a demand, increasingly oriented towards a quality holiday, shorter but repeated during the year, which favors choices towards environments that preserve their natural characteristics to the maximum. Furthermore, a longer season gives more profitability and security to the tourist activity and greater impetus to the necessary reconversions and redevelopments, offering, on the social level, higher employment opportunities. In this context, Costa Paradiso could start by supporting the community and regional initiatives already in place to increase tourism in the high season, such as April, May, June and October. The seasonal adjustment would also create favorable conditions to guarantee the village an ASL medical service, a pharmacy, a qualified shopping center, a self-service, a collective transport service, new sports and leisure facilities, a reorganization of the parking lots, of the marina. o and bathing areas.

This approach requires a decisive change of direction in the management policy of the area, which must aim to enhance and promote the unique characteristics of the territory and to ensure absolute compliance with the constraints established by the PTL and the regulation, protecting the territory and repressing abuses.

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Participants who recognize themselves in this program and share the objectives and lines of action to achieve them are requested to sign up, by voting on the lists supported by ATCP at the next meeting or by issuing a specific proxy for the vote to the president of ATCP (Ferdinandc Mulas), by sending it to the following e-mail address:

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delega@atcp.it

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In this second case, it is essential to use, after scanning the original, the model sent by the Community, which contains a bar code that identifies the delegator, together with a photocopy of an identity document of the delegator himself.