WolfgangMaerz
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This means Anfi UK club is defenitly split into two parts, happy and unhappy members making or planning a claim.
Those who are happy want to keep Anfi alive and allow Anfi to solve the legal issues and at the same time satisfy the members.
Those who are unhappy want to leave Anfi, have no alternative plan and do not care about those who want to stay.
For what stands the club for? I think this is also a question of the other European clubs.
Copy of email from JLCA Lawyers:
Dear Members,
Further to our email on 2nd June regarding the SGM Notice (ABC, Puerto and Monte Anfi)
We understand that the members’ Club are recommending that their members vote FOR Resolution 1.
JLCA do not agree with this recommendation as we do not believe it is in the best interests of our clients in respect of making a claim.
JLCA advice is to vote against all three of them.
We would therefore advise our clients that if they intend to use their votes, to vote against any change to the existing contracts, i.e, against all three proposed Resolutions.
Should you decide to vote we would ask that you have a proof of the vote you have actually made (whether by email, fax or other method) to ensure that the vote cast on your behalf is the vote you actually made. For example if an email proof, then the email itself would need to say that you are voting against, not just an attached document.
Our lawyers are preparing a letter which will detail the implications for claimants, which I will be able to provide on Monday.
Kind regards,
JLCA & As.-Lawyers
I am not Richard, but the resolution says clearly that at the end of term the then existing members have the option to enter a free of cost new contract for a further 50 year period. So i think it’s quite clear.
This means you must at any date before the end of the term transfer your using right by decision or by your will to your children. To have your children on the list of the certificate helps but is not required if you include them in your will.
I think this should be possible and Anfi cannot handle it in a different way because at the end of the term Anfi can only deal with the then existing members.
Wolfgang
Andew, with the resolutions this is only possible with resolution 3 which by all means is not likely to succeed. Resolution 1 does not cope with floating weeks. On the other hand this issue MUST also be solved.
New contracts could be restricted to fixed weeks which optionally can be exchanged.
Anfi could offer members with floating weeks new contracts with allocated week and apartment number or simply fixed week replacement contracts which can be exchanged as before.
Wolfgang
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Now let’s discuss the impact of the three resolutions:
I believe that even with the resolutions still all existing contracts after 5th January 1999 can be, for one or up to three reasons, declared illegal at court. Furthermore resolution 1 & 2 does not solve the floating week problem.
If this is true, Anfi may offer to replace or amend existing illegal (illegal at court) contracts free of cost to legalise them.
Those who refuse may still have after the SGM a valid claim, but I am not sure. Anfi may argue with resolution 1 that the option to prolong free of cost is in practical terms the same as in perpetuity so members do not have a disadvantage at all. The judge may decide that the contract is illegal but because there is no disadvantage compared with resolution 1 the claimant may not get (much) money back.
One concern is also if resolution 1 is legally valid. There are two obstacles. First, the public deed of adaption 12th December 2000 to law 42/1998 still says that the timeshare regime is in perpetuity. Second, at court the judge may see the free of cost option as a tricky circumvention of the law bypassing the 50 year term:
The law says that all contracts end after 50 years ‘without compensation’. But the free of cost option may be just seen as a hidden compensation.
Resolutions 2 & 3 seem to be legally valid but are highly unlikely to come through (80 percent of all certificates are needed). Even if they come through members may have a right of compensation (50 years term instead of in perpetuity). Members who refuse a new contract may even still have the chance to make a claim.
These all said my main point is: if all this is true at court there would be no way out for Anfi to escape the mess. I simply cannot believe that the Spanish legal system drives a company, trying it’s best to ‘solve the legal problems’, into bankruptcy with no possibility to escape.
Wolfgang
We know as already said by Richard that CLA is approaching its clients not to vote or to vote over a CLA proxy, one of their lawyers, in the SGM. I have information that they even approach members who are not their clients.
What I assume is that the main goal of CLA is to be as a proxy part of the SGM to have the answers of their ‘legal’ questions in the official minutes of the meeting. They may hope that they so can be able to exploit this answers in future court trials where the resolutions are checked if legally correct.
Wolfgang
This is the answer the comittee members have just received from Anfi:
“… The voting papers for CPA have already begun to be received via post into the Customer Services Dept just 8 days after having been sent out. The documentation for ABC has already been received in various countries, leaving CMA to be received by the end of this week. All documentation was sent out 21 days before the meeting is to take place and was sent out by priority mail courtesy of Anfi Sales SL.
Members who wish to vote, we would please ask them to be a little more patient and once they receive the paperwork ask them to send their vote in as soon as possible. ”
Wolfgang
Please read the recommendation of the club:
“Voting Instructions
1. Vote by nominating ‘The Management Company’ as your proxy by an X in that box.
2. Sign and date where it says ‘Members Signature’.
3. Turn over the paper. Vote by signing (not the traditional British X!) in the boxes on the back FOR Resolution 1, Against Resolution 2 and Against Resolution 3”It’s also at News on this website.
Wolfgang
One word more: With resolution 3 (and 2) members may (will) want ‘compensation’ as a replacement for 50 years instead of in perpetuity. Say 5,000 Euro per week. This would sum up with 30,000 weeks to 150 Mio Euros, more than the value of Anfi del Mar – driving Anfi into bankruptcy. So this is also a reason that resolution 3 is unlikly.
With resolution 3 Anfi would be turned upside down. No trusty is necessary any more because floating weeks would be turned into fixed weeks where each week has a week number and a apartment number. Means owners would have a direct link to their share.
Fixed weeks would be optionally exchanged on a yearly basis.
But as said …
Resolution 3 is the only resolution which solves all problems with one stroke one for all, in perpetuity and floating weeks. It changes not only the constitution but also the timeshare regime (public deed in the land registry) to allow this.
It overides all contracts so that claims are not possible any more. The law allows this by at least 2/3 majority of all certificates. Why Anfi chooses 80 % I do not know. I believe that the illegal contracts must still be replaced or amended to become legal.
But it is not realistic. To archive it 80 % of all shares of all members (certificates) are necessary. That is impossible to archive. Many will simply not vote, make a mistake at voting, or are simply against it because they loose in perpetuity.
So it is better to have as “first step” resolution 1 which solves not all problems but is realistic.
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This reply was modified 8 years, 2 months ago by
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I want to quote Richard here from Facebook Group Anfi del Mar (ADMF):
“Your committee members of Beach, Monte and Puerto have met with management and solicitors and implore everyone to vote for no 1. It does not answer all the problems but your committee members are working hard to influence Anfi and it’s management to reach a solution to the problems presented by the act of law. Suing Anfi is not the answer. Almost all members are happy members. We need to find a solution that satisfies the law, the members and keeps Anfi in business. Let your committee members work for you to resolve the problems that face us.”
I cannot write it better.
Wolfgang
Angus, I have overlooked your post, sorry.
If you have paid a deposit within 10 days after signing the contract and if you have bought floating weeks in points without subject of contract (week number and apartment number) you have an invalid contract in Gran and you can let the contract be declared illegal at court. If you are not happy with Anfi.
Please discuss this with Julie in the other threat. The thread here is only for voting in Beach, Puerto, and Monte.
Wolfgang
I have already received my voting paper for Puerto two days ago and it says on the top of the front page that I have in this club 2 weeks, means two votes. This explains all.
Because of the unsold weeks in procession of Anfi Sales, Anfi can also vote and reportedly has more than 10 % of the shares (weeks). At our meeting with the management Anfi always said that they would follow the interest of the members, means resolution 1 (because of the option.)
Yes, they also exchange own weeks over RCI.
Floating weeks have the same voting rights as fixed weeks. You have to understand that this weeks are listed in the internal inventory (books held by the trusty) also with week and apartment number (the member does not know but required now by the Supreme Court). The Spanish Timeshare law does not know floating weeks, only fixed weeks which can be exchanged.
I do not know if bi-annual weeks can be voted. They are not covered by the law (!?).
Coming back that you do not have received your voting papers we must understand that voting on 3 clubs together with almost 20,000 timeshare using right owners is a big logistic problem posting all this letters. Better it would be to have much more time for the voting but the current constitution says that it must be done within 3 weeks.
It is not only the missing logout. I have with the smartphone also the problem that posts in the forum can hardly be read because there are TWO columns where the first column with the name and date of the poster takes half of the place and so there is not much left for the second column with post text. The text of the first column should be over the second column. This seems to be not possible in the responsive template design.
But I noticed with other forums based on Joomla! that there is also a usability problem. Integrated forums in CMS systems seem to be not so user-friendly as dedicated ones.
Facebook groups are much more user-friendly.
This does not work for me (Samsung S8 , Android 7). I do not see a person icon at top right. So I cannot log out and even one day later if I return to the site I am still logged in! No automatic log out!
On the desktop version I see log out in ‘My Club’. In the mobile version it’s different. Under the three lines ‘My Club’ top right starts with 10-Minute-Tour (even I want to leave and not to start) and I do not see the normal menues of this page as in the desktop version.
Wolfgang
I do not know if I have something overlooked but I found no possibility to log out in the mobile version.
Wolfgang Maerz
I hope that the delay of court decisions has nothing to do with something coming out at Anfi with impact to claims.
I confirm that I retire for private reasons. I thank all Anfi UK members for their support. Of course I will continue to be an active Anfi UK member …
I assume that Anfi Norway will support (again) John Meykel (Dutch, president ADMF – Anfi del Mar Friends, Facebook group ADMF). Anfi Norway has recently introduced here a Anfi Norway member with name Lise they want to be elected.
Wolfgang Maerz
I do not know what you mean with renovation (painting, small repairs?). Complete renovation (with tiles) is planned (not decided) in 2018, but Richard may know more.
Wolfgang Maerz
You will take it as a joke but it is true: In the shower cabin of the bathroom.
Wolfgang Maerz
Yes, I will ask if and when the pool is heated.
- Wolfgang Maerz
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This reply was modified 8 years, 2 months ago by
