Chairman’s Bulletin Board – Nos 61- 70
Bulletin No 64 – Everything in Lockdown, 14 October 2020
You may be wondering why I have been so quiet. The reason is simpIe, there is little to say!
The court case involving FNTC has been put back to an unknown date. Other matters in Scotland are awaiting the Courts to determine. The Scottish Courts are being run from the judges’ homes by video conferencing and there is little happening where witnesses are required as these are normally in a court building.
The court cases in Spain are awaiting notifications from the Courts. Spain is one of the worst hit countries and their lockdowns are severe. The Courts are slow to non-existent.
The Committee has weekly video conferencing and we keep our lawyers up to date.
Work is progressing apace with the Club’s new website and management information system, and we will update you soon on these developments.
The Resort is open but with severe restrictions and there is a reluctance for owners to travel, especially as there is an automatic quarantine for 14 days on return to the UK.
Please be assured that when we hear, you will hear. Thank you for your continued support in these difficult times.
Best Wishes and Stay Safe.
Bulletin No 63 – Important Information for Club Members wishing to bank their weeks, 24 July 2020
The Club President, Carol Parkinson has negotiated a deal where Club members can bank their weeks to use on other resorts. If you are interested then this opportunity can only be accessed via the President. This unusual deal allows for unused weeks to be returned to the owner for use at Los Claveles at a future point. Please contact the President directly for further information.
Tel: +44 (0)7931 778886
Bulletin No 62 – Further Update and Reminder, 26 February 2020
Club Members and the Committee are bound legally by the Club Constitution which was formed under Scots Law by Wimpey Construction, the developer of Los Claveles.
The Club Chairman has to operate to the Constitution as a guardian of the rules. This means that the Committee are legally bound to collect maintenance fees and the Club members are legally bound to pay the Committee.
The Provincial Court of Santa Cruz – the Appeal Court – took a decision on misleading information supplied by WimPen/Onagrup. WimPen/Onagrup had convinced the Appeal Court that the Club had taken part in the 2018 DOA meeting that had appointed WimPen/Onagrup. The reality is that Mr Barrow, on the advice of an Onagrup lawyer, refused the Club Chairman to vote on behalf of the Club even though the Chairman had been authorised by the Club AGM to use over 4,000 votes at the DOA meeting. Unfortunately this could not be explained to the Appeal Court as no representation in person was allowed.
The Superior Court of Las Palmas, Gran Canaria – the High Court of the Canary Islands – had previously ordered that the Arbitration, ordering WimPen to hand back all property, including keys, money, books, etc. was enforceable and there is no appeal against this. However, enforcement has to be carried out by the lower court in Arona and will take time. It would have been sensible for the Superior Court to have taken account of this and I cannot understand why they did not. Quite obviously there is no choice but to appeal to the Supreme Court in Madrid. We are in the process of making this application.
Regarding Mr Barrow’s Newsletter that arrived this week, my previous Chairman’s Communication dealt with this, however it is worth noting that Mr Barrow is not a Club member but is a director of a WimPen/Onagrup company and takes advice from the Onagrup/WimPen lawyers. His address for communications is the WimPen Head Office in Adeje, Tenerife. He has refused to accept and has returned letters addressed to his home in the UK. I have written to Mr Pengelly when alive, and Mr Barrow at all the addresses, many times, asking for an invoice for the Common Parts Service charge and my letters have been ignored.
Finally, as a reminder:
- The Club comes under the jurisdiction of Scots Law.
- The Arbitration held in Scotland ruled that WimPen does not have a contract with the Club.
- WimPen will not stop collecting payments from Club members prior to the Arbitration Award being enforced by the lower court in Arona, date to be advised.
- Club members who continue to pay Onagrup alone are colluding with, and supporting this corrupt regime against fellow Club members.
- There is a contract between the DOA (Common Parts) but the Club was refused participation in the DOA meeting.
- The Superior Court (Appeal Court) thought that we had participated when we had not.
- The Club is appealing the Superior Court’s decision (that grants the DOA permission to collect payments directly from Club members) to the Supreme Court.
- It remains to be seen if WimPen will attempt to continue to collect payments from Club members after the enforcement of the Arbitration Award, and until the Club’s appeal to the Supreme Court is heard.
- The Club has impugned the 2018 DOA general meeting. This is due in court next month and if successful it will null and void the decisions taken at that meeting. It will lead the way to the recognition of Club members’ right to take part in DOA meetings, to fresh elections and to the approval or otherwise of the grand plans announced in Mr Barrow’s newsletter.
Continue to pay the Club Committee your maintenance fees and justice will eventually prevail.
Bulletin No. 61 – Spanish Appeal Court Ruling Update, 7 February 2020
Further to my recent communication informing you of the Court of Appeal decision which overturned the Arona Court adjudication to prevent WimPen from collecting maintenance fees, I can confirm that the advice we have received from our Spanish lawyer is that the Appeal Court decision is flawed and is contrary to Spanish law in various aspects. The lawyer acting on behalf of the Club is analysing the decision in detail and preparing an application to appeal. The appeal will be to the Supreme Court in Madrid. The appeal has to be lodged within a short time and I will not be delaying matters by involving the lawyer in further discussions and therefore I am unable to go into detail on the issues involved. It would also not be prudent to give WimPen notice of our specific intentions. Although this intended appeal will mean a further delay ( I do not yet know how long) it will conclude this issue as no further appeals are possible.
I am fully aware that everyone is frustrated and disappointed at the recent development. However, we need to have confidence in the successes we have achieved up to this point and further confidence that justice will eventually prevail.
As always the Committee is working tirelessly on your behalf. I can disclose that there is a back-up plan. As from today Mr Barrow and WimPen will be aware of resolutions that have been submitted to them by members which have to be dealt with at the Development Owners Association meeting which by statute has to be held in the Resort close down. There will be more news on this as it develops.
Your Committee remains strong and is of the opinion that the Club will win through but only if it retains the support of members, financially and by voting in support. This is your Resort and will remain your Resort if you are prepared to fight for it.
I will give you more news when I am able.
Breaking News – 4 February 2020
I have heard today that the Appeal Court (Superior Court) in Santa Cruz has handed down its judgement in relation to the case that was heard in Arona, Tenerife in December 2018. In that case the Judge ruled that WimPen could not collect maintenance fees from Club members, and could not prevent owners from entering their property. The Judge stated that Club members must pay the Committee in line with the Constitution. Unfortunately the Appeal Court has now ruled that the Development Owners Association (DOA) can collect maintenance fees for all users of the Resort. At the time of writing our lawyer in Spain has not had the time to read and consider the full judgement. I am aware that the Statutes of the DOA do not allow the DOA to collect fees directly from members, either Escritura or Club. The Constitution of the Club is also clear as to the collection of fees.
As soon as our Spanish Lawyer has considered the matter in detail and reported to me I will make a further statement. At this time an appeal to the Supreme Court in Madrid can not be ruled out.
This is a setback but it can be overcome.