Los Claveles Development Owners’ Association
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What’s New
Updated 5th October 2024
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October Resale List now available
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Founder Members’ Open Meeting -
Hopefully you all received the Minutes of the Open Meeting. If you didn't receive please let me know.. You can download the minutes and auditor’s report here.
Just to reassure you, all legitimate owners were invited, without exception, to attend and/or vote. Voting was independently verified against the full owner database by Deloitte, a well known and reputable auditing company. Their report is included with the minutes.
WHAT HAPPENS NOW?
The next stage will be for the Founder Members to convene a Special General Meeting for all owners to elect a new Chairman and Committee.
ANY QUESTIONS?
If you have questions, please contact me rogerbarrow@losclaveles.eu
ENGLISH Open meeting minutes | ENGLISH Deloitte audit report
Procès-
DEUTSCH Offenes Sitzungsprotokoll | DEUTSCH Deloitte Prüfungsbericht
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Club Constitution as amended 2014
You will have often heard reference to the club constituion, usually in emails and letters from Mr Fletcher
To avoid any confusion, I can confirm that the only legal and valid constitution is the one amended in 2014. This constitution sets out the rights of the Founder Members, Wimpen.
All subsequent amendments to the constitution were ruled invalid by the second arbitration. The new constitution published on 13 Augustr 2023 is also invalid.
You can download a copy of the current legal constitution here
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Sr German Castro
I have been informed that Sr Castro, Managing Director of WimPen, is leaving.
He will be replaced by Ignacio Barrau from OnaGrup. (known as Nacho) he speaks good English so that will be very useful.
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Founder Member’s Letter Update
Thank you to all owners who signed and returned the Founder Members Letter. Wimpen have been able to forward letters representing 2,000 weeks to the Trustees.
Message from Los Claveles Founder members,
German Castro and Ana Martin of WimPen. . . .
Dear Owner,
Please find attached a letter issued by the Trustee of Club Los Claveles, HUTCHINSON TRUSTEES LTD, in response to the letters recently sent to them by owners of the Club.
In this letter, Hutchinson confirm that they have not transferred the trusteeship to any third party and has formally opposed the writ that the Club and five other individuals (members of the current Committee) have filed in the Sheriff Court of Edinburgh to compel it to transfer the trusteeship to whomever they designate.
We draw your attention tothe fact that Hutchinson warns in its letter that the Deed of Trust regulating its role as Trustee (dated 04/05/1990) stipulates that the Trustee must remain indemnified from the legal costs and expenses that may arise in such proceedings, even covering these costs against the properties of the Club. This demonstrates, once again, the reckless nature of the action taken by the current Committee against the Trustee, as the risk to the owners is evident.
Finally, it should be ted that WimPen is not a party to the mentioned procedure (writ), neither in its capacity as Founder Member of the Club nor in its capacity as administrator of the DOA, as this is a claim made exclusively by the Club and the members of the current Committee against Hutchinson. Therefore, we cannot guarantee what information we can provide you about said procedure.
We remain at your disposal for any queries you may have
Regards,
Hutchinsons Trustees
DOWNLOAD TRUSTEES’ LETTER TO OWNERSJ
Some of you may have received Mr Fletcher's latest letter which refers to an invoice for 'Maintenance'
We don't know what happens to the money the club receives, but nothing is ever passed to the Community to pay towards maintenance of Los Claveles
Maintenance fees should only be paid to the Community in the account managed on our behalf by WimPen where all resort expenses are paid.
A Successful AGM Thank you
Roger Barrow re-
Mr Fletcher’s ‘factual’ report of the AGM was very short of facts. See our response here
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IF YOU ARE UNABLE TO USE YOUR VILLA BECAUSE YOU ARE IN DEBT TO THE COMMUNITY, HERE IS YOUR CHANCE TO COME BACK AND HAVE FULL USE OF YOUR VILLA.
Pay your fees to the community this year, your debt will be suspended and fees previously paid to the club will be subject to a future audit to determine the fees received and expenses incurred by the club.
Contact me for more information or write to Judith Hague, owner@wimpen.com.
See attached letter from Sr Castro at WimPen
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The Bar Claveles Team