2 January 2019 – Fact File: False Accusations against the Club Chairman

Fact File, 2nd January 2019 – False Accusations against the Chairman
CLAIM: The Chairman’s New Year message is a clear intent by the chairman to remove owners’ right to determine the future of their resort.

Reality: This is a gross misinterpretation of the Club’s strategy to protect members from Onagrup.
CLAIM: Mr Fletcher has repeatedly changed the constitution to suit himself, rejected votes against him and even suspended owners who disagree with him.

Reality: The Club’s strategy, supported by the vast majority of members that the Committee can reach, despite Onagrup’s deliberate withholding of the Members Register, is to regain control of the resort and achieve independence for the Club as an incorporated company limited by guarantee. In other words, to provide greater protection for members by democratically changing the Club Constitution to remove the conflict of interest of a management company being able to vote for its own contract that the independent Arbitrator questioned in his report, and to prevent the unwelcome and illegal practices that Spanish Court Judges have ordered Onagrup to stop.

The claim is an insult to the intelligence and wisdom of members who recognise the current vulnerability of the Club as an unincorporated association with a constitution that does not fully protect them. The claim is a completely unjustified and irrational personalisation of the management of change that the Club as a democratic community is leading through its general meetings. The claim is basically accusing the Club Chairman of being an all-powerful dictator which is completely unsustainable given the documented evidence of Club Committee Meetings and Club Members’ General Meetings.

Anyone who knows the Club Chairman knows that he follows the Club Constitution to the letter. The claim that he rejected votes against him without due cause is untrue. The votes in question arrived after the deadline for receipt and were rejected for that reason alone.

Member suspensions are made for reasons that are clearly explained to them for bringing the Club into disrepute. Suspensions are Committee decisions, not the Club Chairman’s decisions, and are made strictly in accordance with the Club Constitution (section 11.5.4)
CLAIM The chairman’s intent is to claim 4000 votes as a block of all club weeks for his own purposes. This is not only undemocratic it is also unethical.

Reality: A resolution to address the unfair and unreasonable denial of Club members having any say in the way that the Development Owners Association (DOA) is budgeted for and managed was democratically approved by members at the 2018 Club AGM. The resolution was specific –
“This meeting is concerned about the lack of representation at meetings of the Development Owners Association.  It therefore authorises the Club Chairman or his proxy to vote on behalf of the Club members at DOA meetings.  All of the Club members’ votes for certificates of use, in excess of 4,000, are to be used by the Chairman for the benefit of the Club.  The Chairman is also authorised to use the voting capacity to call a meeting of the DOA whenever deemed necessary by the Committee”

The Club Chairman and the Club Committee have always taken direction from members, and been accountable for the delivery of their decisions, at Club General Meetings.  The above resolution is no different. It is the members who decide which direction the Club will take, not the Chairman or the Committee. To say otherwise is an attempt to undermine the Chairman and the Committee. 

CLAIM: Those 4000 votes he is trying to claim are contrary to the arbiter’s report, they are unsold weeks and also yours and my voting rights. This is a clear attempt yet again to override and deny the wishes of legitimate owners. He has no right to claim something that doesn’t belong to him and something he has never had your permission to have.

Reality: It will be obvious to Club members, having read the explanation above of the democratic process the Club always follows, that this claim is completely unjustified.  Club members have an equal right with Escritura owners to vote in DOA AGMs. WimPen/Onagrup/Mr Barrow have constantly stated that the only way that this can be done is for the Trustee who holds members’ voting rights, via 5 companies, to place those votes as directed by members from a resolution approved at a Club General Meeting, or for the Club Chairman to do it, as in the resolution passed at the 2018 Club AGM. Mr Pengelly has used these votes in the past without the Trustee giving the votes.  Under Spanish law the user (Club Member) has the right to vote.  WimPen/Onagrup/President of the DOA did not invite the Club to the DOA Annual General Meeting. This is patently unfair and the injustice against Club members will be righted by their continued democratic resolve to change it, and the unswerving support of Veranne Wilkinson, Managing Director of Trustee-in-waiting Hutchinson, as soon as the Club’s legal action to remove the discharged Trustee FNTC is successful.  

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