To Mr A J Fletcher JP
Chairman, Club Los Claveles
Dear Mr Fletcher
With the Club having so many judicial matters ruled in their favour I find it alarming that Mr Cooke has proposed resolutions for the forthcoming Club AGM that seek to not only ignore those said rulings but also reinstate WimPen as Management Company.
I do not now see any difference between WimPen and Onagrup. It is not the WimPen of old, the only face to face contact owners have with WimPen is primarily at the resort, but that is with staff that are employed and paid for by Los Claveles owners through the Development Owners Association (DOA). The real decision makers of WimPen are not Ian Crane and the late Ivan Pengelly but directors and managers installed by the shareholders of Onagrup to do what Onagrup wants.
As such I find that I must respond accordingly and urge members not to vote in favour of these resolutions.
Resolution 8 proposes a vote of no confidence and seeks to replace the entire Committee, no doubt with one much akin to Onagrup’s wishes, but should that not transpire as they wish and the new Committee not to be of Onagrup’s liking, what then, another vote, and another until they get what they want?
I personally have every faith in the Chairman and Committee and applaud them for what they have achieved so far.
Resolution 9 seeks full disclosure of the Club’s finances but at this stage in the dispute to do so would only play into Onagrup’s hands by revealing the extent of the resources available to the Club in their legal fight with Onagrup. Not only that, but the resolution is erroneous in stating that the Club has been demanding maintenance fees for the last four years when I personally have only received invoices for the period following Onagrup’s admission that the contract between WimPen and the Club ended May 2nd 2017. With that admission by Onagrup it is then only natural for the Club to collect those fees itself. It is WimPen’s failure not to invoice the Club for fees relating to and due to the DOA that is the real problem.
Resolution 10 attempts to award WimPen a ‘temporary’ 2 year contract. But how temporary would that be, given Onagrup’s total refusal to abide with legal rulings and Club members’ wishes. The Resolution also seeks an SGM chaired by the President of the DOA or some other ‘independent’ person. I have no faith in the former and the latter could not be any more independent than the Arbitrator who Onagrup have already sought to over-rule with their appeals.
These resolutions, if successful, would achieve everything sought by a small group of owners known as ‘Los Claveles Independent Owners’, for whom one of their most vocal supporters has recently said on social media that “it (the Club) is well past its sell by date”; and whose manifesto publically states that they seek to do away with the Club and Timeshare Community altogether and replace them with one Community. But that is not possible under Spanish law as the Timeshare Community is governed by the Spanish Law of Horizontal Property and the Club is not, as often stated by Ivan Pengelly. A Spanish Court has also previously ruled that a timeshare Club is not governed by the Spanish Law of Horizontal Property.
I have conducted an enormous amount of research into Onagrup and its history in timeshare and as a result I again urge members to vote against these resolutions.
I am happy for my letter to be published on the owners’ website and sent to owners.
Edward Crisp (Villa 56 & 45, Week 14 & 32) sent by email 24th March 2019