|An owner’s letter to the Club Chairman, and his reply of 2nd April 208|
Mr Robert Burford’s letter of 1st April 2018
I have posted this on both the Los Claveles Tenerif and on the Los Claveles Independent Owners Facebook pages where it has been suggested that I send it directly to you for consideration. Let me assure you that there is no hidden agenda behind the proposal – I am just keen to see how the current stalemate can be resolved without either side having to back down or lose face. I cannot attend the AGM so am not in a position to ask for it to be put on the agenda or raise it from the floor – and it also deserves careful consideration and backing from the Committee for it to be successful.
I believe that irrespective of whether you blame the Owners Committee or ONAWimPen or both for the current situation and whether you support the Committee or not we are all frustrated with the current impasse, for problems at Los Claveles reception, for issues related to maintenance fees and for the progressively worsening of relationships between individuals and groups of owners. The fact is that the current problems are likely to continue for years with increased legislation costs, creating stress and bad feeling, and spoiling the holidays of Owners. We need a way of resolving the current situation and getting back to concentrating on improving Los Claveles and avoiding spending so much negative effort on arguing the pros & cons and legality of the Committee and ONAWimPen’s actions. What is in the past is in the past – we need a way of moving forward.
I believe a possible solution could be based on the following which does not involve either the Committee or ONAWimPen admitting liability or challenging the legality of past actions. I believe each step could be undertaken as a new action without rescinding or challenging any previous decisions taken by either party
1. The Club Constitution is returned to the version that existed prior to 31 March 2015
2. All excommunicated Owners and Committee Members are reinstated
3. Wimpen is retrospectively provided with a management contract for 2 years dated from when their previous management contract with the Club expired
4. Maintenance Fees collected by the Club are returned to Owners
5. Outstanding Maintenance Fees are paid to Wimpen
6. Wimpen to send out notification and papers related to the 2019 AGM to all owners on the Owners Register at the appropriate time
7. At the 2019 AGM the following are placed on the Agenda
– A new Constitution drawn up by the Committee
· – Nomination of the Administrator and award of the management contract for the following 3 years with Wimpen allowed to stand as a candidate
8. Wimpen agree to pass the Owners Register and audited accounts to the new Administrators.
Obviously the solution would need to be acceptable and agreed by both parties – but as representatives of the Owners I would like to see the Committee taking the lead in resolving the current impasse outside of the Courts. A decision to follow this or a similar course of action could be taken at the forthcoming AGM.
The Chairman’s reply of 2nd April 2018
Dear Mr Burford,
I have no problem in trying to resolve issues without further court action. This is why I organised a meeting with Mr Castro and offered an olive Branch. Unfortunately, prior to the meeting a statement was made that Mr Castro will not give up the Club (quite clearly he was intimating that he owned it). The Committee’s starting point, made at a Committee meeting was that Mr Castro should honour the Court decisions, especially the Appeal that they instigated. As you know this meant handing over the member register and property.
The proposals you suggest are extremely one sided and do not reflect the decisions of members made at legitimate general meetings. You are suggesting that the Committee should ignore the wishes of members. It is my duty to appose a hostile take over and to protect members.
Your idea of trusting WimPen who have no concern for members, threatening to take their weeks from them and by doing so committing a criminal offence and disobeying court orders I find bizarre. Have you considered questioning OnaWimPen’s motivation?