Mrs H ——- (Jorge — , Wk — ) stated that she had done her will and her family did not wish to inherit and it was her understanding that upon death the week could be handed back to MRL. The Chairman advised that the resolution, if passed, would give the Committee the discretionary power to take back a week into the Club on a case by case basis.
Mr J ——— stated that there had been situations where there were no heirs and an estate could not be wound up. Mrs H——— asked if Mr J———– was saying that if there are beneficiaries to a will then MRL can stop the estate being finalised unless provision is made for the timeshare and MRL will sue the estate for payment of fees. Mr J——— advised that Mrs H——— was a member of the Villacana Club and not MRL and it would be the Club who would sue anyone for the payment of management fees. Presently deceased owners estates remain liable for the management fees which was one of the reasons the Committee and MRL were looking to find a solution to assist owners in exiting the Club. He stated once again that the proposed resolution was to give the elected owner representatives the power to take back weeks into the Club on the death of the last surviving owner. Mrs Houmell stated then that what Mr J——- was saying was that presently an estate has to keep on paying the fees indefinitely. Mr ———- confirmed this to be the case although he didn’t necessarily agree with Mrs H——— other views. He explained again that the resolution would give the Committee powers it currently does not have to assist in the future.
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Mrs W——- (DP –, Wk 1 & DP –, Wk –) stated that she had been in correspondence with the resort and the Committee for a number of years and had specifically asked that the sinking fund to extend the land around the pool. She had also been in contact with TATOC who had advised that the Club should not use owner funds for leisure extension on land belonging to MRL. She stated that she had looked at the Constitution and the sinking fund should not be for the use of leisure facilities or for redundancy payments which should have come out of wages. The Chairman advised that time had been spent at the Committee meeting discussing this matter and it was for the Committee to make decisions as to what was spent from the sinking fund. Mrs W——— stated that the sinking fund should only be used for the refurbishment of the apartments and asked why MRL were not paying for the leisure area. Mr S—— stated that Clause 12 of the Constitution clearly stated what owners contribute to in terms of the gardens, pathways, facilities and amenity areas, and he read out the sinking fund statement from the accounts. Mrs W——– disagreed. Mr S—– stated that MRL were giving up the use of a tennis court for the benefit of Villacana owners to make an additional garden space for owners to use. Mrs W——— stated that in her opinion MRL should pay for this. The Chairman thanked Mrs W——– for her points, although noted that the Committee did not agree with them. Mrs W——— stated that this should have been voted upon by all owners. Mr S——- disagreed and stated that the owner representatives are elected to make decisions on behalf of all owners.
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MRL’S QC advice might sound good for them, but I think that under different legal advice that some of the changes that they want might not be 100% correct, I think possibly even you know that.
After all the Owners Committee are there for us the Owners,and we have 3 members & MRL only has 2 on the Committee.
Also under the Constitution:
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6B Notwithstanding any other provisions of this Constitution:
(a) In the event of the Founder Member of the Club and/or the Founder Member’s nominee being or becoming the holder(s) of all the Holiday Certificates in issue in respect of an Apartment, the Committee (with the consent of the Founder Member) shall be entitled by notice given in writing to the Custodian Trustee of the Club to request the Custodian Trustee (and/or the relevant holding company, as appropriate) for a nominal consideration of £1 (and without any further consents, approvals or procedures) to convey ownership or procure the conveyance of ownership of the relevant Apartment to the Founder Member or its nominee together with such amenity ground pertaining thereto, and such services, servitudes, common rights, access rights, fittings and fixtures, equipment, furnishings, plenishings and utensils as are necessary for the Apartment being conveyed to function adequately and independently from the Club property as the same shall be agreed by the Committee and the Founder Member and, failing such agreement, as determined by the decision of a single expert, to be agreed between the Committee and the Founder Member or in default of agreement to be appointed on the application of either the Committee or the Founder Member by the President for the time being of the Law Society of Scotland, to act as an expert and not an arbiter whose decision shall be final and binding. The Custodian Trustee shall not be obliged to accede to a request, given to the Custodian Trustee pursuant to this Article 6B, to convey ownership or procure the conveyance of ownership of an Apartment to the Founder Member or its nominee unless a majority of the elected members of the Committee (i) support the request and (ii) intimate to the Custodian Trustee, in a form and substance satisfactory to the Custodian Trustee, that they consider (and the reasons why they consider) the proposed conveyance to be in the interests of the Club and its members as a whole.
(b) There is no limit on the number of occasions on which the provisions of this Article 6B may be implemented and no limit on the number of Apartments that may be conveyed pursuant hereto.
(c) Any conveyance pursuant to this Article 6B shall be by means of an escritura under Spanish Law (or by any other appropriate means) and shall contain all normal and usual clauses (including in respect of rights and obligations) for conveyances of this type, as the same (together with any necessary ancillary documentation) shall be agreed by the Committee and the Founder Member and, failing such agreement, as determined by the decision of a single expert, to be agreed between the Committee and the Founder Member or in default of agreement to be appointed on the application of either the Committee or the Founder Member by the President for the time being of the Law Society of Scotland, to act as an expert and not an arbiter whose decision shall be final and binding.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk