Official Complaint

Copy of the Letter sent 14 May 2020

From:

The Club Chairman:  Mr A.E.J. Fletcher JP, 98 Bleak Hill Road, Erdington, Birmingham  B23 7BT  UK                

To:

The Development Owners Association President: Mr R. Barrow, Andorra, 2 Los Cristianos 38650 Arona Santa Cruz de Tenerife, Spain 

Dear Mr Barrow, 
 

I wrote to you on 10 May 2020 and you replied to me by email on 12 May 2020, however your letter was dated 12 March 2020.

I thank you for enquiring about the health of myself and my family.  We are all well and weathering the storm.  I hope that you and your family and friends are also well and coping with the restrictions here in the UK.

Firstly, I once again have to comment on the difficulty I have in communicating with you.  In your reply to me, you admit that you have blocked me from contacting you by email.  I find it astonishing that you replied to my letter using your official email address, rogerbarrow@losclaveles.eu but do not allow me to respond with the same email address.  This is obviously a one-way street.  I have not blocked you from contacting me by email and would welcome it.  In your letter you refer to a lack of communication between us but at the same time make it difficult, if not impossible, to achieve improved communication.  You say that I have encouraged Club members to write to you to harass you.  This is the interpretation you put on my suggestion to members that if they disagree with you then they should be able to contact you to express their concerns in relation to your actions within the DOA (Development Owners Association).  Please make an email address available to me so that we can communicate in a timely way.

You have given your contact address as above.  You are fully aware that post to this address is opened by WimPen employees.  You have been sent post to this address which has been signed-for, but no reply or acknowledgement from you has been received.  I come to the logical conclusion that your post is scanned and relayed to you by email to your home in the UK which breaches any kind of confidentiality.  This of course is very disturbing as the Club is in dispute with your agents.   When you write to me via the post you post your letters in the UK.  Although post is slow to get to Spain (Canary Islands) due to the pandemic it is also true that sending and receiving post from Spain has never been good.  I do not think it unrealistic to ask you to provide an address in the UK for me to write to you without the involvement of WimPen, Onagrup or their lawyers.  Please consider this request.

In respect of you having access to the Club members’ website.  It is a fact that only Club members are allowed access to the website.  As you are not a Club member and we have to observe confidentiality you cannot have access. I do not see the point you are making as my communication with you is in your position in respect of the DOA and you have no say in Club matters. Your footnote on your correspondence makes it clear that I should not publish your letters on the Club members’ website.  I will observe this.  However, I reserve the right to inform and copy any letters to Club members, that I write on behalf of Club members.  I have no objection to you publishing my letters to you on any website or format that you control.

On the matter of you using Club funds without authorisation.  This includes the use of funds for changing the filtration system in the pool.  I requested that you supply me with a copy of the legislation that you refer to.  You have not supplied this information.  Until you send me a copy of the legislation stating that existing pools have to have this work done I cannot agree that you have acted in the best interests of all the users of the Resort.

What I find amazing is that you take it upon yourself to decide what is in the best interest of Club members when you totally disregard the views of myself and the Committee by not even attempting to discuss matters with us. Even the work on the childrens pool, restaurant/bar refurbishment and other large expenditure has not been discussed with us.  You claim to represent everyone even though your election to President of the DOA is in dispute.  You obtained your position by refusing to allow the Club a vote and proceeded to be elected by less than 2% of the users of the Resort.  (Escritura only).  The majority of the 2% being WimPen Onagrup.  You have, without authority, committed Club funds for which you have no jurisdiction.  There can be no excuse for this kind of dictatorship with guidance from Onagrup, who know full well that they have a legal order compelling them to return the Club funds.  You have a duty to confirm this with Onagrup and seek a copy of the Ernst and Young report detailing the separation of funds from Escritura, DOA and Club.  Please obtain this and send me a copy by return.  

You say that there has to be a joint meeting of Escritura, DOA and Club for the Club money to be separated as it is a joint account.  This is of course nonsense as there is a legal order in place stating that they have to be separated and money returned to the Club.  It also follows, if your assumption is to be correct, which it is not, that there would have to be a joint meeting in order to spend the funds.  That has not happened, meaning that you have no legal right to spend the Clubs funds.  At this juncture, I point out the decision reached at the 2016 AGM.  The owners present, which were all Escritura as the Club and FNTC had not been invited, voted for the separation of the accounts and funds.  Mr Monedero, accountant for the Resort and WimPen employee agreed to separate the accounts.  WimPen have been reminded several times since 2016 but this agreement reached at the DOA AGM has not been implemented.  As you portray yourself as the person in charge of the DOA it is your responsibility to ensure that the decisions reached at DOA meetings are implemented.  This includes meetings that took place before you assumed office.  Please ensure this decision is activated without further delay.  I have to remind you that a further legal remedy will have to be sought if you do not propose an acceptable remedy.

It is worth repeating that I and the Committee would like to meet with you virtually at the earliest opportunity for a frank and open discussion, without pre-conditions.  Supplying me with a usable email address and a postal address in the UK would be of great help in assisting the process of discussion.

Yours sincerely, 

Albert Fletcher

Chairman, Club Los Claveles