|ALBERT FLETCHER’S STATEMENT TO DOA MEETING, 9 JANUARY 2022|
I wish everyone a Happy New Year regardless of any difference of opinion. The last two years have been very difficult with Covid, and I hope we have a much better time this year.
This meeting is advertised as a Special General Meeting. There is no such provision in the Statutes. Article 6.6 of the Statutes state ALL General Meetings other than an AGM shall be called Extraordinary General Meetings and this should be for emergencies ONLY. I submit that in any event the topics for discussion are not of an emergency nature.
An AGM was held on 28 November last year. This was not in compliance with the Statutes as AGM’s must be held in the Resort close-down which is in May. Even if the AGM was regarded as competent you cannot seriously consider holding another AGM in a matter of weeks.
This meeting seeks to amend the Statutes. The Statutes at 11.1 clearly state that amendments can only take place at an AGM, which has to be held in May. This meeting is NOT an AGM.
A very important consideration is that of use of the Club’s Register of Members. The Register is the property of the Club and WimPen and Mr Barrow have no right to use this in any respect, including calling a meeting.
Snr Castro commissioned a financial report from EY, formerly Ernst and Young Accountants, which would give useful information in this and perhaps many other financial matters. This report has to be the property of the DOA, Escritura and the Club. I have asked for a copy of this report but it has been denied.
LAW OF HORIZONTAL PROPERTY
This is the Law that governs organisations relating to the Resort.
Chapter 111 Section 24 b). I quote, “The adoption of resolutions for which the law prescribes qualified majorities shall require, in turn, a PRIOR appropriate majority at the general meeting of EACH ONE of the communities belonging to the master community.”
It goes on to say:
“The powers of the governing bodies of the master community shall only cover common immovable elements, roads, installations and facilities or services. Their decisions shall in no event impair the powers of the governing bodies of the component communities.”
I was in a Tenerife Court in December last year as a witness in an action claiming that a previous DOA meeting was to be ruled ‘Null and Void’, due to irregularities. The judgement is awaited and may affect future meetings such as this one today. It would be wrong to proceed until that judgement is handed down.
It is for all the reasons I have specified that I ask you to rule that all the resolutions submitted for this meeting are incompetent and should be withdrawn.
RESOLUTIONS VOTED UPON
The Club has previously used its voting power at DOA meetings. The representative of the Club, today it is me, should be allowed to cast all the votes for all the weeks that it owns. It is wrong for these votes not to be counted. It is not correct for individual Club members to vote separately. The last DOA AGM in November will be challenged in this respect.
If I am proven wrong, at some point in the future, in relation to casting all the Club votes, which I do not anticipate, I have been wrongly denied proxy votes that have been submitted.
I can see that Snr Castro and Mr Barrow have voted.
In relation to the votes cast for WimPen. These votes are not legitimate as WimPen are no longer Club members and therefore have no right to cast votes belonging to the Club since their membership was cancelled for non-payment of Club invoices.
There are issues in relation to other Club votes cast. Weeks that the Club knows are “Cancelled Weeks”. Weeks that are controlled by the Club Committee. These weeks can not be used.
The Law of Horizontal Property is clear. For major changes to the Statutes, and I challenge anyone to say they are not major changes, there has to be a UNANIMOUS acceptance of the changes. In other words, a majority of any kind is not sufficient.
These resolutions cannot be carried as they do not comply with the law.
Statement of Albert Fletcher.
9 January 2022