18 May 2018 – Help Us to Help & Protect You

Note: This is an information sheet intented to be handed out at the resort to reach out to as many owners as possible and to ask them to make contact with the Committee if they have not previously done so.

A downloadable copy can be found Here. The Club Committee will make arrangements for its distribution but help is always welcome.
Please Help Us to Help and Protect You
It is vital that the Committee continues to collect up to date information regarding Club members, and what they own, as this information is not forthcoming from WimPen/Onagrup. 
Please contact the Committee if:
• you are reading the Committee’s account of events for the first time and/or have not provided the Committee with your details

• your contact details, i.e. email address, postal address, phone number, mobile have changed or need to be added

• you have bought and/or sold Club weeks since 1 August 2015

• you want more information about anything regarding the Club, the constitution or the dispute
Email the Committee  communications@losclavelesowners.eu
Or phone a Committee Member:
Albert Fletcher albertejfletcher@msn.com +44(0)121 350 3326
Carol Parkinson carol.parkinson@ntlworld.com +44(0)1159 145940
Roger Lindsayrogerlindsay123@btinternet.com+44(0)1874 731124
Terry Smith terry.w.smith@blueyonder.co.uk+44(0)121 531 9353
Mac Farquharmacfarquhar@btconnect.com+44(0)131 664 3914
It’s very straightforward to register on the website.
Just type https://www.losclavelesowners.eu into the address bar of your internet browser and this will take you to the public home page of the website. There you will find the “Register” tab immediately below the picture of Los Claveles. When clicked this will provide you with step-bystep instructions on how to register, and if you get stuck there is a “Website Help” tab as well. You can also email siteadmin@losclavelesowners.eu for assistance.
What you may have missed
The long and drawn out arbitration proceedings, instigated to protect owners/members by resolving the dispute between WimPen (now owned by Onagrup) and Club members, have now concluded. None of the points of appeal made by WimPen were upheld by the Judge enabling the Arbitrator’s judgments to be enforced in full. There have been no grounds for WimPen to collect maintenance fees from Club owners since the management contract ended in May 2017. However, the delay in completing the arbitration proceedings was an excuse they have used for them to continue to do so, albeit illegally. Onagrup, under the name of WimPen, continues to contact Club owners using the Club database despite having been instructed to hand it over to the Club Committee as part of the arbitration decisions. WimPen also continues to make unfounded threats to Club owners about suspending Club membership if maintenance payments are not made to WimPen. WimPen refuses to abide by the Club Constitution,which was put in place at the creation of the Club nearly 30 years ago to provide a legal framework and protection for Club owners/members.
The Committee realises that there is a significant number of owners who do not use the internet, and many whose details it does not have, and those members may still be unaware of all of the facts regarding the dispute which in summary are:
• Attempts were made to resolve the dispute with WimPen/Onagrup but the discussions reached a ‘stalemate’
• Arbitration proceedings were initiated by the Club to resolve the dispute and entered into freely by WimPen/Onagrup
• A condition of arbitration is that the decisions of the Arbitrator are binding on all parties and yet WimPen appealed against a number of aspects of the arbitration process, significantly delaying the conclusion and incurring additional costs.
• To date, WimPen/Onagrup has acted in defiance of the legal process and failed to comply with with any of the Arbitrator’s awards
• The Arbitrator ratified the legitimacy of the Club Committee and the legitimacy of the AGMs and SGMs called by the Committee since the dispute began, therefore all decisions made at those meetings are legal and legitimate.
• At the AGM in September 2016, in anticipation of WimPen’s management contract expiring the following May, a new Administrator was appointed – Hiro Bulchand who is a Spanish lawyer.
• WimPen has continued to illegally collect maintenance fees from Club owners, despite its management contract with the Club ending in May 2017 and refuses access to their accommodation without this illegal payment. WIMPEN HAS NO AUTHORITY TO DO THIS
• WimPen claims that the fees must be paid to the ‘Communidad Los Claveles’ (Community of Owners) because this is who pays the expenses for running the resort i.e. wages, utilities, maintenance, refurbishment etc. Whilst it is true that it is the Community of Owners that is responsible for this. The correct process should be that the maintenance fees are paid to the Club and then the Club passes the appropriate portion of the fees to the ‘Communidad Los Claveles’ to cover the agreed invoiced costs. (The balance of fee income is, and has always been, intended for investment in the resort).  Despite many requests to the President of the ‘Communidad Los Claveles’, Ivan Pengelly, to invoice the Club for its contribution to this account none has been provided and he continues to maintain a joint account for Club and Escritura which is illegal.
• As WimPen has no right to collect maintenance fees or refuse access, but continues to do so, the Committee has tried to find ways of assisting Club owners to gain access to their accommodation but constitutionally cannot recommend, allow or condone the payment of maintenance fees to an organisation that does not have a contract with the Club. Whilst owners may see it as pragmatic for them to do so, and so resolve an immediate problem, it would be a breach of the Constitution which the Committee, and Club members, are legally required to abide by. Club members must continue to pay their maintenance fees to the Club’s Administrator to avoid falling into default with the Club.
Your elected committee will continue to work with you to win back control of our resort. It has been a long, hard few years but we have won the most important aspects of the arbitration proceedings and once these are enforced we are all in the position, along with the Club Administrator, to manage Los Claveles jointly with Escritura owners.
More information is available from the owners website https://www.losclavelesowners.eu
 AEJF Signature
Albert Fletcher
Chairman, Club Los Claveles

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