15 March 2021 – It’s All a Matter of Trust

Dear Club Members,
When the Committee gave Ona WimPen notice of contract termination in March 2015 it was fundamentally about a breakdown of trust.
Now, 6 years later, it is still ‘all a matter trust’. Owners will be well aware that the Committee always provides evidence to back up it what it says. Ona WimPen and Mr Barrow never do, which is why they are not worthy of owners’ trust. Not then, not now.
Mr Barrow was recently asked by an objective, fair-minded Club member to point him to the specific reference in the legal ruling stating that Ona WimPen has the right to invoice Club members directly for their annual maintenance fees. He declined to do so, saying that he had nothing to add to his statement that Ona WimPen was legally entitled to do so.
Would you trust someone who refused to show you precisely what the legal position is?
The same Club member asked Mr Barrow why neither the late Mr Pengelly, when he was President of the Community of Los Claveles, nor himself, would explain why Ona WimPen, as the Community Administrator, was not complying with the Community statutes to invoice the Club Administrator for the common parts service charge. (The Club has its own Constitution which legislates for its administrator to collect annual maintenance fees from Club members, and to pay the common parts service charge invoice on their behalf.)  And why neither Mr Pengelly nor Mr Barrow would reply to repeated requests from the Club Chairman for the Club’s common parts service charge invoice? He didn’t get a reply.
Would you trust someone who would not explain why he was not complying with the legal statutes?
What’s more, would you trust someone who then compounded both of these untrustworthy behaviours by misleading owners into believing that the Club was deliberately not paying into the Community funds when, in fact, it had not been invoiced for the sums of money that were due to be paid?
I didn’t think you would. Neither did the Club member who asked Mr Barrow to be straight with him and to back up what he said with solid evidence. Neither does the Club Committee.
You will find translations of Spanish court rulings, a definitive statement about the legal position on invoicing, and copies of Community Statutes and the Club Constitution, on the owners’ website to verify what Mr Barrow appears reluctant to tell you.

And while we’re here, would you trust an organisation (Ona WimPen) that, without consultation, stops the decades long practice of producing verbatim minutes of Community AGMs, and removes the item to approve the minutes from the agenda so that owners have no way of challenging them?
And would you trust a new president (Mr Barrow) who ignores the late previous president’s minuted agreement to send Club members the annual accounts for approval, and says it’s “not relevant” when challenged about it?
Of course you wouldn’t, and neither would I.
Stay safe and strong.
Albert Fletcher
Chairman, Club Los Claveles

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