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PRESIDENT-REPORT Rapport du Président · 2026-12-31

Résumé exécutif du président — AGE mars 2026

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Type de document Rapport du Président president-report
Date 2026-12-31 (30 décembre 2026)
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1 SEÑORÍO DE ALOHA — Extraordinary General Meeting (MARCH 2026) Executive Summary from the President Dear Owners, Please find attached the notice convening the Extraordinary General Meeting to be held on 5 March 2026, at the Hotel NH San Pedro (C/ Jerez, 1). I would like to encourage you to attend or vote by proxy, as it is important that decisions adopted reflect the broadest possible consensus. Conjunto Señorío de Aloha now faces a decisive moment in its history. After more than two decades of legal, technical and administrative complexity, we finally have the clarity, professional guidance and cost visibility necessary to address the structural and infrastructural problems affecting our community. This proposal is not about optional improvements or extensions — it is about protecting the safety, legality and long-term value of our homes. Independent technical assessments confirm that key elements of the buildings — particularly the garages and façades — have reached a stage where comprehensive intervention is inevitable. At the same time, proceeding with these works will allow us to advance the regularisation process for the affected buildings, removing a historical barrier to permits, mortgages and buyer confidence. The plan has been designed to balance technical necessity with financial viability. Works will be carried out in phases over several years, prioritising safety and buildings that can proceed immediately, while providing flexible financing options so that owners can choose between staged payments or participation in a community loan. In simple terms, this programme achieves three critical objectives:

  1. Ensures safety and structural integrity throughout the development
  2. Preserves and enhances property values by resolving known defects
  3. Brings the long-awaited legal certainty to the community Delaying action will only increase costs, prolong disruptions and risk further deterioration. Approving this proposal allows us to move forward with a clear roadmap, professional oversight and a fair financing structure. I believe it would be most appropriate to form a small group of owners to assist with the oversight of these important works; please register your interest. I encourage all owners to carefully review the appendices and participate in the vote. This is a collective decision about the future of our community — one that will shape its condition, reputation and value for decades to come. Additionally, another important matter for the Community will be discussed: tourist rentals. A proposal is presented to adapt the current situation to applicable legislation, with the aim of balancing the rights of owners who rent their properties and those who do not. A benefit to the community overall is a 10% increase in community fees for short-term rental properties that reflects a partial cost recovery rather than a punitive charge. For purposes of transparency, I confirm that it is my intention to vote in favour of both proposals. John P Riley President SdA

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2 A) Proposal for Structural and Infrastructural Repairs Throughout the Community

  1. General Description of the Proposal The President proposes approval of a multi-year repair and rehabilitation programme throughout the community that includes: • Structural works and waterproofing of three underground garages • Façade remediation in all five buildings • Replacement of pergolas on floors 4 and 5 • Associated structural and safety works • Complete community repainting in a contemporary palette Cost summaries, schedules and technical reports are provided in Appendices A–C.
  2. Development Background and Legal Context Señorío de Aloha was constructed in 2000 by General Contractor FCC comprising 250 apartments in five buildings (Triana, Giralda, Doñana, Alhambra, Mezquita). Only Triana and Giralda received Full Urban Planning Approval and building permits. The remaining buildings were affected by 1998 planning irregularities, subsequently falling under the AFO regime, leaving them suspended in a long-term legal and administrative process. Key implications: • Historical demolition orders (5-year validity) expired in 2010 but this was never certified by the courts • Only after judicial certification can full legal regularisation begin with the Urban Planning Department of Marbella Town Hall • Certain safety works require special execution order pending full regularisation

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3 4. Technical Causes of Deterioration (See Attached Technical Report Appendix A) Independent technical assessments (2024–2025) identify: • Original façade design defects (metal terrace elements exposed to marine environment) • Long-term water infiltration from failures in planters and irrigation systems • Absence of effective roof drainage • Construction defects resulted in inadequate garage waterproofing • Long-term deterioration has been compounded by systematic failure to optimise annual maintenance. 5. Scope of Works 2026-2029 5.1 Garage Rehabilitation (Giralda, Alhambra, Mezquita) • Structural repairs to slabs, columns, beams and walls • Complete waterproofing of garage roofs located beneath gardens and walkways • Removal and reinstallation of upper landscaping • Reconstruction of ventilation ducts to prevent water infiltration • Interior finishes and repainting 5.2 Façade Remediation (All Buildings) • Removal of corroded metal supports from terrace/planter perimeters • Reconstruction of terrace façades and planters (study of potentially affordable cladding options) • Installation of non-metal structural solutions • Replacement of all corroded metal pergolas (floors 4–5) • Rationalisation of planter configurations and roof drainage 5.3 Additional Works • Localised structural repairs to walls e.g. Doñana garden wall; paddle court area walls • Safety works where required by authorities • Contemporary community repainting following façade completion 6. Project Governance and Key Professionals Senior Technical Architect: Francisco Manuel López Chacón • Structural diagnostics • Measurements and cost plans • Licensing coordination Contractor Tender: Three companies have quoted the works using the same Measurement Schedule to ensure comparability. Detailed tender comparisons are found in Appendix B.

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4 7. Programme Schedule (Indicative) 2026–2027 • Garage works at Giralda • Façade safety works at Doñana • Commencement of full works at Triana and Giralda 2028–2029 • Commencement of works in regularised buildings • Project completion target: end of 2029 8. Cost Framework and Schedule (Total Cost Approximations - Appendix C) Cost projections include: • Construction works • Professional fees • Regularisation costs • Insurance • Taxes (10% VAT on construction; Marbella ICIO 4% on construction) • Contingency provisions 9. Financing Strategy A mixed financing approach is proposed: • Community bank loan (approximate 10-year term at circa 4.8% interest) • Optional advance payments for owners wishing to avoid interest 10. Voting Requirements Approval requires only simple majority Owners may vote in person or by proxy (attached to convening documents). 11. Conclusion Technical, legal and financial analyses converge on a clear conclusion: • Works are essential and inevitable • Delay will increase costs and risk • The programme protects asset value, safety and legal certainty This proposal represents an opportunity to secure the long-term integrity of the community through value preservation. It eliminates a 21-year veil of legal uncertainty affecting Building Permits, Mortgages, Buyer Due Diligence. Failure to undertake these works will cause serious reputational harm to Señorío de Aloha.

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5 B) Proposal for Update to Community Bylaws and Article 5.3 of Community Regulations Relating to Short-Term Rentals

  1. Additional Article to Community Bylaws Article 18.1 Tourist Use Dwellings “The Owners’ Association expressly authorises the use of private dwellings for tourist purposes, in accordance with Decree 28/2016 of 2 February, which regulates Tourist Use Dwellings in Andalusia, and Article 17.12 of the Spanish Horizontal Property Law.” 1.a. Resolution The General Meeting agrees to empower the Community Administrator/President to maintain and operate a digital register of properties authorised for short-term rentals capable of generating a digital certificate of express authorisation to those owners who, in accordance with this resolution and the Bylaws, request to carry out the activity of holiday rental. 1.b Resolution The General Meeting RESOLVES expressly to empower the President, with the assistance of the Secretary-Administrator, to formalise the resolutions: Article 18.1 and 1.a in a public deed before a Notary and to carry out any actions necessary for their registration in the Property Register, for all appropriate legal purposes.”
  2. Update to Community Regulations: ANNEX 5.3- ADDITIONAL REGULATIONS APPLICABLE TO OWNERS AND TENANTS REGARDING SHORT-TERM RENTAL PROPERTIES. Article 1: Owners who rent/let their properties must submit FORM A “Declaration of Apartment Use SdA” (https://forms.gle/SNasLUNbDVr3mvJ2A) to the Community Administrator. Resubmission is required in the event of any change to the details contained therein. In the absence of submission of Form A, or a valid Tourist Licence from the Andalusian Regional Government (VUT) and a valid Rental Registration Number (NRA) from the Property Register requested therein, and where the administration has doubts about an “Apartment Use”, the Administrator reserves the right to contact the Authorities for clarification under the authority conferred by the Owners. If it becomes clear that an apartment is being rented short-term without having submitted Form A, the owner is deemed to be in breach of these community rules. On the basis of Form A submissions, the Community Administrator will maintain a public register of properties authorised for short-term rentals (https://docs.google.com/spreadsheets/d/1TaRIHA3ymx7OKpDNXxJZTQeDtXJfpxRs2Cl6-IDFWWU). In particular, such register shall be available for consultation by the local registrar for the purposes of determining whether to issue/revoke an NRA or for any other similar purpose. Any property not included in such register is expressly not permitted by the SdA community to be rented short-term. Each property in the register will incur an additional charge of 10% of current annual ordinary fees, payable with the third quarterly payment of such fees in each calendar year. This is intended to cover additional costs to the community in permitting short-term rentals and, where possible, to provide additional services to minimise any potential negative impact on other residents, including but not limited to the possibility of additional security personnel during the high rental season. Article 2:

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6 At the discretion of the President/Administrator, the community reserves the right to report to the civil authorities and/or pursue revocation of any rental licence granted to properties that fail to comply with the Regulations of the Señorío de Aloha Community and/or current applicable Andalusian and/or national legislation. Should a property/owner be found to be non-compliant, the owner will first be notified by the Community Administrator and issued with a period of at least one month to restore and/or demonstrate compliance. Non-compliance will result in immediate removal of such property from the register of Article 1(ii). At a later date and upon restoring and/or demonstrating compliance, the owner may reapply to the Community Administrator for the property to be (re)included in the register of Article 1(ii). Article 3: The SdA community will publish regularly, and at least annually, the percentage of properties declared as rented according to their inclusion in the register of Article 1(ii). The SdA Owners’ Association reserves the right to refuse to issue new rental licences should the percentage threshold agreed by the Association be exceeded. Such threshold shall be decided on the basis of the register of Article 1(ii), and any other information relating to the number of rental properties in SdA. Article 4: All SdA Community Regulations will be published in printed or digitally downloadable form (e.g. QR code displayed) on the property. Owners must make every effort to ensure that their guests do not violate the regulations, especially while in the common areas and facilities of SdA. This article does not exclude the requirement for Owners to make available other mandatory information as required by the relevant authorities. Article 5: Tenant Behaviour: Tenants/guests must remove all their waste to the public bins provided outside SdA. Under no circumstances may waste be left outside apartments or in common areas. The disposal of baby wipes and cosmetic cleaning discs in apartment toilets has been known to block SdA’s sewerage pipes and is strictly prohibited. Owners are encouraged to place signage in their bathrooms to discourage this practice. Pool rules are displayed at the pools together with opening hours and must be strictly complied with. No disturbances are permitted within or outside apartments between 22:00-08:00. Non-compliance will result in police intervention after reasonable warning. Use of other owners’ private parking spaces is strictly prohibited without their permission. Article 6: Landlord Behaviour: Overnight occupancy must not exceed the quota specified in the Tourist Licence, which must be consistent with the Property Note. In the interest of avoiding party groups and their reputation for disturbing the peace of the community, no property must be available for rental or advertised as such for less than 3 consecutive nights.

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7 No property must include means to broadcast and/or record images, video or audio of SdA community areas outside the property. Any broadcast and/or recording within the property itself must comply with local and national law. With the safety and non-disturbance rights of all residents in mind, it is the responsibility of the owner or their agent to comply with the mandatory requirement to register all tenants in the Ministry of Interior database. Article 7: Owners will be charged for cleaning and repair costs for any damage caused by their tenants to community property. Similarly, an additional charge of 10% of current annual ordinary fees will be levied on any owner in the event of three or more disturbances involving their tenants under Article 5 in any calendar year. If the owner does not pay voluntarily, the cost will be added to their community account as debt. Any property that has outstanding debt, for this or any other reason, will be deemed non-compliant with these regulations for the purposes of Article 2. Article 8: In light of historical problems caused by tourist groups generally referred to as “stag or hen parties”, best efforts must be made by owners and their agents to restrict rentals to family groups. Article 9: Any property used for short-term rentals must have adequate liability insurance covering the activity and potential damage to guests and third parties as required by local and national law, especially Decrees 28/2016 and 31/2024. Article 10. No commercial advertisement may describe SdA as an “Apart Hotel” or similar words implying that the community is anything other than a private residential community.

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