|1 September 2017|
|CHAIRMAN’S UPDATE, 1 SEPTEMBER 2017|
The Club Constitution and Maintenance Payments
Whilst most Club Members treat communications from Snr Castro, on behalf of Onagrup and WimPen, with scepticism there are those that are taken in by the letters that he illegally sends out by use of the Club’s Members’ Register. The Castro letters contain threats and the use of bullying tactics in order to try to maintain their illegal stance of collecting maintenance fees and denying access to owners of their villas. I write to give you the facts.
Members should continue to pay their maintenance fees to the Club, not WimPen, and are encouraged to make payment as early as possible.
The Club is governed and managed by a Constitution which includes a Management Agreement and a Deed of Trust. The Constitution is a contract between the Club and its members. The Committee, the members and especially the Chairman have a legal obligation to comply with this contract. If anyone does not comply with the Constitution, this includes myself, then they are in breach of contract. I point out some specific extracts of clauses in the Constitution for your ease of reference. This document is available for you to view or download from the Owners’ Website https://www.losclavelesowners.eu
11.1 The business and affairs of the Club shall … be managed by a Committee of not more than 5 persons.
11.4 The Committee shall have the power to do all things that may be necessary for carrying out the objects of the Club.
11.5.2 (The Committee) To make by-laws at any time for the proper regulation of the Club and such bye-laws shall be binding on all members.
11.5.4 At any time cancel or suspend for a reasonable period of time the membership of any member who in the reasonable opinion of the Committee shall have committed a substantial breach of this Constitution or Bye-laws …. The Committee shall be entitled to treat a member as having committed a substantial breach of the provisions of the Constitution or Bye-laws or Regulations made under the Constitution if the member fails to pay any Maintenance Charge levied on the member by the Committee within 60 days from the date of being given notice …. A further letter will be sent 60 days later confirming cancellation ….
11.5.8 To bring, (The Committee) defend, agree to be joined, settled or compromise any proceedings or claims of any kind….
11.6 The Committee shall maintain, or cause to maintain, a register of names and current addresses of Members ….
12.2 The Committee shall have sole discretion in deciding what monies should be spent ….
You will see from the extracts that it is the Committee that has the responsibility to collect maintenance fees and to decide how they are spent. It is accepted that the Annual General Meeting of the Club can instruct the Committee on these matters. It is important for you to note that the previous Administrator, WimPen, has no power or authority to undertake the collection and expenditure of your maintenance fees. You will also see that WimPen has no authority to suspend or cancel any Club Member’s weeks or prevent occupation by the Member. WimPen / Onagrup / Snr Castro are acting illegally. WimPen is extorting money from owners by bullying and illegal tactics. Snr Castro is writing to you at your cost by the illegal use of the Members’ Register that is the property of the Club. WimPen / Onagrup / Snr Castro are acting illegally by refusing to comply with the Awards of the Arbitration.
Whilst the Committee is taking the appropriate action, this all takes time and money and there is only so much we can do. What is vitally important is that you, the Member:
1. Hand the Resort Receptionist a written complaint about this intimidation and extortion to pay at the Resort to gain access to your villa, and a demand for your money to be returned. (Copy to me please). Note: this is in addition to requesting a Tourist Board complaint form from the Resort Receptionist, completing it and receiving a copy to retain.
2. Reply to any threats by WimPen / Onagrup / Snr Castro letters to suspend or cancel your membership stating that they do not have the authority to do this. (Copy to me please).
3. Continue to support the Club and the Committee in the actions they take on your behalf.
WimPen/Onagrup / Snr Castro have argued that the Committee was not legitimate and therefore WimPen was managing the Resort. The Arbitration has ruled that the Committee is and has always been legitimate. This is, however, immaterial as WimPen was ordered by the Committee back in March 2015, prior to Arbitration, to hand everything back to the Committee. At this time, all delegations to WimPen were removed. WimPen has never argued that the Committee was not legitimate at this time. WimPen has always been obligated, under the Constitution, to comply with the Committee’s instructions. WimPen has defied, and continues to defy, the wishes of the Club even when backed up by legal Awards.
Finally, please remember that you are legally obligated by the Constitution (Your Contract) to comply with, and make all maintenance payments to the Committee who act on behalf of the Club. You have no choice to pay and I have no choice but to insist. Thereafter, the process is that the Committee’s Administration Team will contact Club Members a week to 10 days before their occupation date to consult with them privately, and ease any concerns they may have, prior to their arrival at the Resort.
Although the payments must be made at least 6 weeks in advance of occupation the last General Meeting of Owners recommended that you pay as far in advance as you are able in order for the Club to obtain sufficient funds to continue the proceedings to secure your ownership for years to come.
The Committee continues to take proceedings in order to make WinPen / Onagrup / Snr Castro comply with Orders and Awards. We will be taking proceedings to regain the payments that they have extorted from Members but please help us by taking the actions in 1-3 above.
I am sure I can continue to receive your help and support.
Club Los Claveles