|Club Success in the English Courts|
|On 1 April 2019 the Club defended itself in the English Court against an action brought by a Club member who was supported by evidence supplied by Mr Roger Barrow, purported President of the Los Claveles Development Owners Association (DOA) and by WimPen/ Onagrup.|
The member arrived in court with two other Club members, who are known supporters of WimPen/Onagrup and who have campaigned against the Club and especially the Club Committee, its President and Chairman.
Previous to the hearing, both the member and the Club had supplied documentation to the judge. The member had supplied letters of support from Mr Barrow. The Club had supplied a copy of the Constitution and copies of previous adjudications.
The Judge dismissed the member’s claim without the necessity for the Club to make representations in its defence.
The judge recognised the following:
* The member had admitted that under the Constitution he was required to pay maintenance fees to the Club. The judge confirmed that this was in fact correct.
* The Club could not be expected to make a contribution to the running of the Common Areas (DOA) without having an invoice and without having a properly negotiated amount/ agreement. (The Judge had been made aware that the Chairman of the Club had requested the President of the DOA, several times, in writing to communicate regarding the upkeep of the Common Areas).
* Not making a contribution to the Common Areas did not prevent the legal entitlement for a member to access and use his apartment.
* WimPen did not have a contract with the Club to provide any services.WimPen did not have any legal right to demand money directly from members.
* WimPen did not have any legal right to prevent members from accessing their apartments.
* The Club could not be held responsible for the actions of WimPen.
The Judge completed his findings by advising the member that he had taken the wrong defendant to court and the member should consider taking action against WimPen for demanding money and preventing use of the apartment without legal entitlement.
* The Club was represented by the Club Chairman and there were no legal costs.
* The Club has now defended itself successfully in Scotland, Spain and England. This would not have been possible without continued member support. * All three countries cannot be wrong.
Chairman, Club Los Claveles