10 May 2020
Official Complaint
Copy of the Letter sent 10 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 write on behalf of the Club Los Claveles to complain about you allowing work to be done on the Resort, committing large expenditure, without the proper authorisation. I will deal with this in detail later in this letter but firstly I have to identify serious communication problems with yourself.
I have attempted to contact you by all of your email addresses that are known to me and especially the email address you have included in your correspondence to members of the DOA. All of the emails I have attempted to send to you have been rejected. It appears that you have deliberately blocked me from contacting you in this way. I have asked my Committee Members to pass on emails but they have been blocked also. I am aware from other members that they have no problems in contacting you by use of your many email addresses and therefore there can only be one conclusion and that is that you are making it impossible for me to communicate with you in a timely manner.
I have written to you at your home address in the UK. I have had the communication returned to me by Royal Mail. Royal Mail inform me that the letter had been opened and the envelope had been written on “RETURN TO SENDER INCORRECT ADDRESS” This is also a deliberate act to ensure I cannot communicate with you in a timely way. The address is correct as it had been earlier verified by yourself.
The address you have given for me to use is an address that is used by WimPen. Is this so that WimPen Onagrup can continue to advise you on replies purporting to be from yourself? You are fully aware that it can easily take weeks for letters to reach the address you have given. All in all, it is obvious to anyone that you are, at the very least, attempting to frustrate any kind of communication between the Club and yourself. I look forward to hearing from you how you intend to improve communication without the involvement of WimPen Onagrup with whom the Club has a legal dispute and therefore a conflict of interest.
Now turning back to the Official Complaint. I have received many complaints from Club Members. As you are aware that as Club Chairman I represent around 85% of the Resort. The complaints refer to your social media claims that you have authorised WimPen to make changes to the swimming pool. This will involve considerable expense and the use of Club funds.
I am aware that you use the excuse that the work to the pool has to be done to comply with legal regulations. You mention the Munich system. I am aware of the Munich filtration system. This system ONLY applies to new developments and is NOT a requirement to existing pools. I anticipate that you continue to take advice from WimPen with the use of Onagrup lawyers. As you are aware WimPen Onagrup have a conflict with the Club and refused to return funds to the Club. If you have evidence that there is a legal requirement that applies to Los Claveles please supply me with a detailed copy of the legislation.
The use of Club funds in order to avoid returning the funds to the Committee is a very serious matter. I advise you that your reliance on WimPen Onagrup for advice, considering the conflict, is extremely serious and leaves you open to litigation on a personal level. However, I would be surprised if you did not have an agreement with Onagrup for them to indemnify you against litigation. Of course, any such indemnification would not cover you for criminal charges.
As regards to your statement that the pool expenditure is in the 2020/21 budget of the DOA (Development Owners Association) Please advise when this budget was approved by members and also provide me with a list of those members who attended the meeting.
I require you to inform me as to the exact funds available to the DOA as Ernst and Young, accountants have analysed the funds to show what funds belong to the DOA, Escritura and the Club respectively. As you have access to this information I also require you to inform me of the amounts allocated to the Club by Ernst and Young.
Finally, I submit that you allocating funds and approving the expenditure of the work on the pool is wrong, unnecessary and illegal. It may well be that other expenditure you have authorised has been done inappropriately and will require proper investigation. I will reserve my judgement on these other matters.
This letter will be relied on in any litigation and court proceedings.
I am making a copy of this letter available to Club Los Claveles members as it involves their funds.
I will pass this letter on to someone who may be able to send this letter to you by email as well as posting to you to the address stipulated.
Yours sincerely,
Albert Fletcher
Chairman, Club Los Claveles