Deutsche Français Nederlands

 

CLUB LOS CLAVELES

 

CHAIRMAN’S COMMUNICATION TO MEMBERS, 17 February 2020

 

The Committee is trying a new initiative to attempt to communicate with as many Club members as possible.  This involves sending this note directly to you by email without the necessity for you to visit the members’ website.  However, only limited information can be sent out in this way, therefore for more details you will still need to visit the owners’ website https://www.losclavelesowners.eu  and you are urged to do so.

My last communication dealt with the situation that we face as a Club now that the Appeal Court in Spain has handed down its judgement.  Before I go into this further I must first comment on a Newsletter that is being sent out on behalf of Mr Barrow.  If the Newsletter is being sent out by Onagrup/WimPen by using the Club’s Members Register/Database it is in contravention of a court order that stated that the Register must be handed back to the Club Committee.  The Club cannot compete with a situation where a glossy, colourful newsletter is sent by post at significant cost.  What I can do is tell you the truth by the means we do have available.

It is true that Onagrup/WimPen have continued to run the Resort and admit members to the apartments if the members have paid them the maintenance fees.  It is true that Onagrup/WimPen have refused to admit Club members to their apartment if they have only paid the Club.  The court in Arona in December 2018 came to the conclusion that it was only the Committee that could collect maintenance fees from Club members based on the Club Constitution.  The Club Constitution being recognised by Spanish Law in the Deed of Adaptation filed in Spain by Mr Pengelly, on behalf of the whole Resort, in 1998 and 2000.

The recent Appeal Judgement was based on written submissions only and NO opportunity was given to make representation or for judges to ask questions.  The Appeal Court decided that it would base its decision on the Deed of Adaptation (and nothing else) but only the DOA (Development Owners Association) aspect of the Deed.  The court had received minutes of a DOA meeting supplied by Onagrup/WimPen which convinced the Judges that Onagrup/WimPen had been appointed as Administrator for the whole resort.  In coming to this conclusion, the Judges assumed (wrongly) that the Club had been part of the decision making process at the DOA meeting and that the Club had not challenged in any way the decisions reached at the DOA meeting.  The truth is that the basis of the DOA meeting had been challenged by our Spanish lawyer but due to the time these things take in Spain the challenge had not yet been heard by the court (This is expected in March 2020).  As part of this, the minutes of the DOA have also been challenged.

The truth is that on the advice of at least one Onagrup lawyer Mr Barrow refused to allow the Club Chairman to vote at the DOA meeting on behalf of over 4,000 Club members.  You will recall that the Club AGM of 2018 gave the Club Chairman authority to vote on behalf of the Club at any DOA meeting.  It is true that I, as Chairman only gained access to the DOA meeting with a proxy from an Escritura owner.  As you can see the Club Committee, on your behalf, has no choice but to challenge the Appeal Court decision to the Supreme Court in Madrid.

Mr Barrow, in his latest Newsletter, praises Onagrup/WimPen for doing an “excellent job”.  He chooses to ignore the fact that they have refused to comply with court orders (including the Appeal Court in Scotland - the home of the Club Constitution) and supported Onagrup/WimPen in refusing legitimate  instructions from The Club Committee and myself as Chairman.  Mr Barrow continues to prop up an illegal occupation of the Resort and did not condemn Onagrup/Wimpen’s actions when members were faced with armed security outside reception.  Mr Barrow has not insisted that Onagrup/WimPen comply with the Arbitration ordering Onagrup/WimPen to return all the assets, books and money to the Committee.  

Please ask yourself, why do Onagrup/WimPen continue to fight to keep control of Los Claveles?  Why do they spend so much on an army of lawyers and the best QCs that money can buy?  Why are they insisting on collecting fees and threatening to take ownership away from members?  Do you believe that they do this because they have owners best interests at heart as Mr Barrow might wish you to believe?  Do they do all this to keep a measly €183,000 yearly management fee?  There are many answers but I will leave you with a comment that Mr Castro has previously made to me in earshot of others.   “We own the Resort and we are not leaving”

The truth is that if the Committee do not retain the support of Club members and succeed in gaining control of the Resort then Onagrup/WimPen will eventually own the Resort  – Onagrup has clearly stated in their business strategy that they will seek management contracts and subsequently acquire resorts which are of interest to them.   In which case, Members who continue to use the Los Claveles Resort will be forced to pay the price that will be dictated to them.

Mr Barrow, who is clearly batting for Onagrup/WimPen is now asking everyone to support him and Onagrup/WimPen at DOA meetings.  It is now realised by Mr Barrow and Co., that by the Appeal court in Spain stating that Onagrup/WimPen are the Administrators of the DOA and therefore are in control of the Resort, that this puts them in a weak position.  As stated earlier the Appeal court in Spain erroneously assumed that the Club had voted for Onagrup/WimPen as the Administrator at a DOA meeting.  As this is not the case they will be looking to hang on to control of the DOA by any means.

Resolutions have been submitted by Escritura owners for inclusion on the Agenda for the next DOA meeting.  These resolutions, if passed, will end the Onagrup/WimPen administration.  These resolutions have been sent by multiple owners.  It is the truth that a letter addressed to Mr Barrow has been returned by the post office Royal Mail as “refused”.  An email to his published address on the DOA website has been returned as “user unknown” which can only mean that the sender has been deliberately blocked.  If the resolutions are not on the Agenda OR the meeting of the DOA does not take place OR members are refused a vote the people concerned could be facing criminal charges.

I will close now by reminding everyone that at the Club’s last Annual General Meeting an Onagrup/WimPen employee tried to use 1,200 proxy votes.  When the weeks were investigated it was found that these weeks had been issued to 9 companies, including companies registered in Morocco and Luxembourg and many of the weeks were recorded by the Committee and WimPen as being owned by the Club.  There was no record of the weeks being sold and no record of maintenance being paid.  WimPen have never been given authority to sell or transfer weeks owned by the Club.  You can see from this that Onagrup/WimPen will use any tactic, legal or otherwise in order to gain control of your Resort.  With your help and support the Committee will not let this happen.

I am sorry that everything is taking so long but that is the tactics that we are up against, hoping that you will get tired of ‘the battle’.  The Committee remain strong and continue to work hard on your behalf but they can only do this with your support.

 

Your Chairman,

AEJF Signature THE TRUTH, THE WHOLE TRUTH
AND NOTHING BUT THE TRUTH.

A.E.J. Fletcher J.P.