31st March 2018 – An Owners’ Letter to WimPen and the reply

This letter of 31 March 2018 from owner John Thorpe is published with his permission. It is addressed to Montse Navarro of WimPen’s.Accounts Department. Mr Navarrow’s reply of 2 April 2018 has been added.
31 March 2018
Good morning Sn Navarro (may I call you Montse?)

We appreciate your timely reply to our email and are pleased that you have acknowledged and noted our intentions. 
I will address your other points but firstly it would be most helpful if you would confirm that you accept that we actually owe nothing, at the moment, for the present year as the first payment of 300 euros does not become due until the 1st June as this is the required number of weeks before week 29 (our first ownership week at the resort) – please confirm this is the correct understanding. 

Turning to your other points – firstly can you point out to me where I can find the role of “acting administrator” in the constitution or elsewhere? It does seem such a strange term given the clarity of the ruling of the Scottish Court. 

I am sure you are more than aware of all the legal discussions that have been taking place regarding the resort – I happen  to read all the updates I receive both from the Club Committee and also from Ivan Pengelly and of course German Castro. It is so kind of you all to keep the owners updated with your interpretation of the decisions handed down by the courts. In your emailed response you remind me that the payments that I have made to the Club do not contribute to the running of the resort – I do understand this important point but I am also reminded of various letters sent by the Club to Mr Pengelly, who is the President of the DOA and responsible for producing a budget to cover the maintenance of the common areas, asking for invoices to be sent through reflecting the agreed budget for the common areas and thereby ensuring the resort remains top notch and Gold Crown. As far as I understand the situation the Club is more than willing to pay its way. I am sure you are aware of these letters dated 26th April 2017, 28th June 2017 and finally 21st November 2017 (these have been shared with all the Club owners) – it seems very odd to me that the Club has not even been offered the courtesy of an acknowledgement, let alone a reply – to me as a retired person simply seeking to enjoy my holidays this all seems bizarre and totally unnecessary.

I am really looking forward to the day when this whole situation is cleared up and that the rightful and lawful decisions are accepted by all parties. 

If you could respond to me about the points raised, especially the amounts owing, I would be most obliged.


John and Jan Thorpe

2 April 2018
Dear Mr Thorpe,

Thank you for your email.

We realise your dilemma in paying the fees for 2017 & 2018 but we are the acting Administrators of the Complex until all the Owners of the Community legitimately choose an Administrator. We understand that a minority cannot decide for the totality of owners about the future of the Community.

We consider the Club meetings are invalid, and the members of the Committee not legally valid, since they have not been voted by all the members of Los Claveles.

Obviously if you wish to occupy, would require payment of 2017 and 2018 fees into the account of  Comunidad Los Claveles to guarantee your entry on arrival to the Resort and enjoy your vacation without complications. I can confirm that the due date for your week 29 2018 will be 1st June 2018.

Regarding the legal discussions that have been taking place, I am aware, and we recommend that until this is resolved, you continue paying your fees as in the past, to Comunidad Los Claveles to guarantee your occupation.

Your sincerely,
Montse Navarro

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