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The Bar Claveles Team
The Escritura Rep responds to
Mr Fletcher’s latest email
and purported SGM minutes
Following Mr Fletcher’s ‘DOA minutes’, there are many items of concern in his recollection of events and some of his statements. As owners I think his comments should concern us all and I’ll leave it up to you to decide his motivations and his fitness for the role he still proclaims to hold.
These are not the official minutes
His minutes are incredibly selective regarding events at the meeting.
The first area of serious concern is that he has basically rubbished a high court ruling regarding the rejection of his injunction. As I understand it there were many reasons why this was rejected. One of them being the legalities behind his limited company and any link to the actual resort itself. Please refer back to the second arbitration and the ruling there which overturned all actions from his club AGMs.
What should concern us all here is that in both cases he has told people that these legal professionals are wrong. That would be a Scottish arbiter, several lawyers, a barrister and now a high court judge. Clearly he thinks they should bow to the greater knowledge of the JP with no legal training whatsoever.
He states there were 29 owners in attendance and only recounts 2 owners speaking. That wasn’t the case. There were repeated questions and challenges as to why he was continuing legal actions when the money could and should have been spent on the resort.
Further challenges
There were further challenges on his contacting people despite the fact they had never supplied him their details, and further challenges as to why he has refused to call a club SGM despite over 2200 votes calling for one.
The room was very supportive of all these challenges. Yet Mr Fletcher avoided giving real answers.
Given the huge support from individual owner voting in favour of the proposals, and previously a call of no confidence in Mr Fletcher plus a call for a club SGM, the statement Mr Fletcher makes about his right to ALL individual club votes makes a mockery of all our democratic rights.
Voting, Use of Block Club Votes
In his minutes he states:-
‘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’
I will leave it to you all to decide individually what you feel regarding his statements and his actions.
At the meeting I said, ‘the resort belongs to all owners, but is not owned by any single owner or elite group’.
That is a basic principle that Mr Fletcher needs to remember and why it is and will continue to be important that as owners we all continue to exercise our rights to vote.
Implications
Mr Fletcher’s posting on the owners’ website regarding the implications of the SGM contains a number of false assertions
- Under article 8.6 of the DOA Statutes, the DOA is obliged to maintain a database of owners
- Wimpen will not refurbish the villas without approval from owners.
- A 2/3 majority is required to change the statutes.
- The second arbitration has not beein impuged, the club’s appeal failed.
- The DOA AGM has not been impugned.
- The first arbitration is unenforceable until ruled upon by the provincial court in Arona.
- Club owners were invited to vote so have been fully consulted on the changes to the statutes
Keith Lear
Escritura Owners’ Representative
escritura.rep@losclaveles.eu
16 January 2022