Owners’ Comments

 



The following are Owners' Comments which have been made available for public dissemination.

The articles are published with the full permission of the Owners and the Club Committee.

 

Owners Comment 2 June 2019

 

Many thanks to Club Member Edward Crisp for making this contribution to ‘Owners Comments’ which we hope will be the first of many. Please email if you have something you would like to share.

 

Fake News or Credible Threats to Los Claveles? 

In response to claims by Committee supporters of the possible long term threats to Owner control of Los Claveles posed by Wimpen/Onagrup, Roger Barrow, purported President of the Owners Association, labelled these threats as ‘FAKE NEWS’.  All of the ‘FAKE NEWS’ concerns itself with what Wimpen may do or probably would do in the future; in other words potential threats to the future of Los Claveles.  Is that really fake news or just prudently making people aware of the down side of maintaining the status quo and the possible threats from that?

When Roger Barrow talks of Wimpen it is misleading in itself, for it is really now Onagrup, or more accurately Clubotel La Dorada, the parent company.  Onagrup is not a company, just a trading name, a brand of Clubotel La Dorada.  Long gone is the familiar trusted Wimpen of old.  Wimpen will now only do what their parent company Clubotel La Dorada instructs them to do, as would happen with any company when a takeover occurs.  Onagrup (Clubotel La Dorada) has a proven track record of badly treating timeshare owners at its other resorts that it has acquired, which make this ‘fake news’ justifiable.  Moreover, these claims of what Onagrup (Wimpen) could do have also been made by lawyers and other timeshare forums that have experienced it at Onagrup’s resorts such as Ogisaka Gardens, Cala D’Or and Cala Pi.

 

Alleged ‘FAKE NEWS’ 1 is the claim that Wimpen will increase fees to such a level that owners will be forced to hand their weeks back. 

At the 2011 AGM Ivan Pengelly warned us of such a threat by other less reputable maintenance companies, does Roger Barrow regard that as FAKE NEWS?

There are many claims by timeshare owners at other resorts, some by owners at Los Claveles who have experienced it themselves, where fees were raised to such a level that there was no other option but to give up their week.  Do not forget that these ‘other resorts’ also had committees and AGM’s but the increases still went through.  Also, the Los Claveles Committee already have signed evidence from club members of Wimpen taking back owners’ weeks.  The decision of whether to take back weeks obviously depends on the system operating at the resort.  Where Onagrup have moved owners onto floating weeks (which is illegal in Spain), it is in their interest not to take back the weeks for the very essence of floating weeks is to enable the lucrative ‘High season’ or ‘Red’ weeks be rented out, whilst the owners of floating time are offered the ‘Low season’ weeks which are more difficult to rent out.  Where there are fixed week ownership, either escritura or club, then it can be more lucrative to take back the weeks.

On their websites https://abogadodemultipropiedad.com and https://www.denuncioestafa.com  timeshare lawyer Francisco Claros Flores and Alberto Mondragon, respectively, particularly target Onagrup with claims that Onagrup will raise maintenance fees due to deliberate ‘derramas’ or budget overspends whereby funds are unnecessarily spent or work unnecessarily done which creates a funding shortfall.  These claims are also repeated by numerous timeshare owners on other internet forums.

 

Alleged ‘FAKE NEWS’ 2 is the claim that Wimpen want to take over the resort so that they can sell it for development or convert it to a hotel.  

While Roger Barrow is correct that title deeds are held by the trustees or escritura owners, Onagrup have previously removed the Trustee at one of their resorts, saying that Onagrup has no need for a trustee, totally ignoring the wishes of the Club membership.  Wimpen have already created ‘Holding Companies’ for escritura owners to pay to transfer their escritura into it. These Holding Companies are owned by Wimpen, and while the escritura owners have a contract guaranteeing all their rights and preventing Wimpen taking ownership of the weeks, at some point in the future, the number of individual escritura owners will be in the minority, especially at AGM’s where even their current participation is so low that Wimpen’s vote carries the resolutions.

For the Club to be wound up only requires a 75% majority at an AGM, and given Wimpen’s recent history whereby it purportedly ‘sold’ 1200 Club weeks to companies that research found to be linked to Onagrup and were controlled by people of dubious integrity, it would be quite feasible that Wimpen could achieve that majority.

Additionally, a new product Onagrup are marketing as a holiday/investment package is Ona Condohotel, http://www.onacondotel.com/en/  whereby each apartment has an outright owner of the 52 weeks per year.

A 2014 article in Preferente revealed that the Cala de Mar (Cala D’Or) resort Onagrup had acquired would now be marketed as a hotel and not timeshare, and that they were in the process of moving into the Canary Islands.  It also states that whilst management was Onagrup’s first option for growth, it did not rule out a purchase if the opportunity presented itself to enhance its hotel brand. https://www.preferente.com/noticias-de-hoteles/onagrup-compra-a-lion-un-resort-de-diamond-en-mallorca-246745.html 

 

Alleged ‘FAKE NEWS’ 3 is the claim that Wimpen want to get rid of the restaurant franchisee so they can take over the catering and profit from the restaurant.  

Whilst Roger Barrow is technically correct in saying that Wimpen have no expertise in catering, Onagrup most certainly do through another one of their many brands, namely ONA FOOD through which they ‘carry out complete gastronomy projects in a hotel environment, in order to turn stays at our establishments into extraordinary gastronomic experiences’.

Also, at Ona’s Alanda Club Marbella, a supposedly high end resort, the La Despensa Restaurant website is operated by Clubotel La Dorada and states that the restaurant is part of Onagrup.

A 2014 article in Hostelur states that the company [Onagrup] has diversified into other lines of business than hotel management, becoming an operator of restaurants, supermarkets and wellness centres. https://www.hosteltur.com/180130_ona-corporation-nombra-nuevo-director-marketing.html 

Additionally, the profile of a “Second restaurant Manager in Onagrup” who operates in the Marbella area can be found on LinkedIn.

 

Alleged ‘FAKE NEWS’ 4 is the claim that Wimpen want to spend all the money so there is nothing left for the club if they take over.  

The first point to make is that Roger Barrow has made no mention that Wimpen should first seek owners’ approval for the improvements, which it most certainly has not. It has arrogantly gone ahead with all the work, from the conversion of the Manager’s house into a show home to the changes in the Bar without any approval from owners.  Such is their disdain of owners’ wishes.

Comments on the sinking fund cannot be proven one way or the other without a proper audit.

 

Alleged ‘FAKE NEWS’ 5 is that Onagrup are making fortunes out of Rentals. 

Whilst Wimpen’s commission may only be 15% there has been no breakdown of rental income for unsold or blocked Club and Escritura weeks, we only have Onagrup’s word on that.

 

Alleged ‘FAKE NEWS’ 6 is that the Courts have found in the club’s favour and Wimpen are acting illegally.  

It is not fake news that the courts have found in the club’s favour, that is FACT, the only thing preventing their enforcement is Wimpen’s constant time wasting appeals as witnessed in the arbitration case which it entered into, accepting the terms and conditions, but when the conclusion did not go their way they refused to accept it.

 

end faq