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Special General Meeting update
Report from Keith Lear, Escritura Owners’ Representative
I attended the meeting on 9th January 2022. It was surprisingly well attended given the current Covid situation. More than 50% of all Owners, club and Escritura, were either in the room or submitted proxy votes. Club members were able to vote as well as Escritura owners
Application for injunction refused
Some of you may be aware that CLUB LOS CLAVELES LTD applied for an injunction against Roger Barrow to prevent the Special General Meeting going ahead on Sunday.
At a hearing in the High Court the previous Friday, the application for an injunction was refused and therefore the Special General Meeting went ahead as planned.
The meeting
First of all, it’s been a really stressful time for Roger, but he has weathered all of Mr Fletcher’s challenges including an attempted court injunction of our meeting. Roger was absolutely brilliant at the meeting and I think he deserves all our thanks.
As far as the meeting went it was extremely successful. Roger stated quite clearly that he wanted it all to be respectful of the speakers and it was just that.
Roger and his lawyer gave a run down of the attempted injunction and the high court ruling to make everyone aware of the legality of the meeting.
Snr Castro then gave background as to the changes and Mr Fletcher and I were invited to speak, each of us given 3 minutes. Mr Fletcher protested for a large part of the 3 minutes that 3 minutes wasn’t enough so Roger gave him another 5 minutes.
Mr Fletcher then gave a 5 minute speech about his case for injunction and as to why the meeting shouldn’t be happening, He then tried to claim he should hold all of voting rights of club members. It was quickly nipped in the bud as we all have voting rights as individuals.
I then gave about 2 minutes as to why the proposals should be supported and how each owner should be allowed to vote individually.
This was followed by a period of questions from owners
During this question time, a series of corporate owners stood up a to complain about Mr Fletcher’s claim that they were not legitimate owners. However, corporate votes made no difference to the final outcome. Each time there were supportive comments for the proposals or challenges against Mr Fletcher’s actions to date, there was a round of applause.
Voting results VIEW
To avoid any future complaints from Mr Fletcher, WimpPen exceptionally also allowed votes from debtors who paid the club rather than the community but even then they could only muster just over 540 votes.
The votes in support of proposals were around 2275, so all changes to the statutes have been carried with around 80% of all voting.
Open Forum
There followed an open forum for owners to raise any other issues, only a few questions came up. These were the main points. . . . . .
Use of owners’ database
There was discussion about the clubs use of owners email addresses and the DOAs use of the database. Roger reminded owners that under the DOA statutes, article 8.6, WimPen are obliged to maintain a database of owners, so their use of that was perfectly legal.
Request for Club SGM
Mr Fletcher was asked why he had refused a club SGM as requested by over 2000 owners votes. He simply replied he could not verify the owners even though they had been verified by the Trustees and that under the club constitution he could not approve the request for an independent chairman
Conclusion
Roger pointed out that these changes in the DOA statutes ,approved by an overwhelming majority, now provide an opportunity for the DOA, Escritura and Club to come together and work in harmony, if Mr Fletcher was willing to accept the olive branch.
It was a very successful day and hopefully we will soon be in a position to approve proposals from WimPen to upgrade and refurbish the villas which WimPen said they would put forward for owners approval at the AGM
Keith Lear
Escritura Owners’ Representative
10th January 2022