All MRL Clubs under threat.

Dear J***

The information you are requesting will be available to all owners through the accounts submitted in the AGM pack and at the AGM.

In regards to your Resolutions:-

Resolution 1 will not go forward on the basis that it is not compatible with the provisions of the Constitution as amended at the SGM.

Resolution 2. Will be split. As the two recommendations are not compatible, and owners should be allowed to vote on these as two separate issues.

The AGM pack will present:-

Resolution I Committee Conference calls

Resolution 2 limiting Committee members to 6yrs service

Resolution 3 Change to article 17

If you have any further questions will you please contact B**** or R****** as I don’t know when I will have access again.

Kind regards

W****

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No reply on paper

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B****,

I am writing to you in line with W*****’s e-mail below.

I really do not understand what Wendy is saying here. My Resolution 1 was a rewrite of Article 19 with the purposes of transferring the benefit of apartment surrenders by those entitled to exclusive occupation from MRL to the exiting beneficiaries and the Club.  Whilst this is a significant change to the constitution, the precedent for this type of proposal has already been set by the Committee in supporting the MRL inspired changes.  Accordingly, can you please explain why this resolution has been censored?

J***

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The silence is defending now, yet the ruse continues.

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I have received a copy of ARTICALE 19 which has been given to the club committees for consideration. The MRL offer was discussed and the Beautiful twist in that the purported fair offer was reversed.

That offer was utterly rejected by the committee and they are hell bent on progressing the taking of consumers fixed weeks. Those weeks are equity based and belong to consumers yet those supposed independent committees member.

I can use the phase as they is exactly what the club intends to do see below.

No matter what you the member of the club wants MRL via your club committee think they can do what they want with your asset. I am very sure they courts will have something to say on the matter.

Join the MRL action group by e mailing, legal@timeshareconsumerassociation.og.uk

For the worlds eye only

What the owners of LEILA PLAYA want

RESOLUTION 1

PROPOSED REPLACEMENT OF ARTICLE 19

This clause should be replaced with the following

19       Removal of Apartments

Notwithstanding any other provisions of this Constitution:

(a) In the event of the  Club being or becoming the holder(s) of all the Holiday Certificates in issue in respect of an Apartment excepting those held by the Founder Member in respect of a weekly period given over for maintenance purposes and exempt from the obligations and duties, or having control of the right to sell the Holiday Certificates the Committee 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 an agreed consideration, such consideration having regard to the open market value of the Apartment, (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 or any other person or body 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  The Custodian Trustee shall not be obliged to accede to a request, given to the Custodian Trustee pursuant to this Article 19, to convey ownership or procure the conveyance of ownership of an Apartment 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 19 may be implemented and no limit on the number of Apartments that may be conveyed pursuant hereto.

(c) Any conveyance pursuant to this Article 19 shall be by means of an escritura under Spanish Law (or other appropriate means) and shall contain all normal and usual clauses (including in respect of rights obligations and burdens) for conveyances of this type, as the same (together with any necessary ancillary documentation) and shall be agreed by the Committee

(d) All members of the Club and the Committee shall be deemed to agree and approve any conveyance pursuant to this Article 19 and to agree and approve the Custodian Trustee (and/or the relevant holding company, as appropriate) executing or procuring the execution of, and the delivery of, the agreed or determined form of conveyance (together with any necessary ancillary documentation) such that the legal and beneficial title to and ownership of the relevant Apartment be transferred to and vest in the Founder Member or its nominee or such other person or body as appropriate.

(e) Following any conveyance of ownership of an Apartment pursuant to this Article 19, neither the Club nor its members shall have any claim on or over the Apartment and the Club and its members irrevocably waive the same.

(f) In the event of a conveyance of an Apartment being granted pursuant to this Article 19, all the Holiday Certificates in respect of the Apartment including those held by the Founder Member and/or its nominee  in respect of a weekly period given over for maintenance purposes and any unallocated days under Article5(c) shall be automatically cancelled and thereafter be void and of no effect and for the avoidance of doubt, all past, present and future rights and obligations attaching or relating to such Holiday Certificates and/or unallocated days, howsoever arising, shall be irrevocably extinguished.

(g) Any costs and expenses (including taxes) incurred (including by the Custodian Trustee (and/or any holding company) conveying ownership of an Apartment pursuant to this Article 19 shall be met from the proceeds of the sale.  The proceeds of the sale shall after expenses including but not limited to the costs of legal and or commercial advisers appointed by the Committee be distributed with half going to the Club and half going to the Holiday Certificate former fixed week holders for Holiday certificates in relation to the relevant Apartment and/or where the Club has acquired the Holiday Certificates from former fixed week holders of Holiday certificates in relation to the relevant Apartment or from Holiday Certificate holders where the Holiday Certificates have been acquired to provide sufficient points rights to allow the Apartment to be removed from the Club the Club to be shared equally for each time period after the deduction from the share to any Holiday Certificate owner of any monies outstanding to the Club.

PURPOSE OF THE PROPOSED AMMENDMENT

The amendments allow the Club to aggregate unwanted Holiday Certificates surrendered to or seized by the Club or promised by agreement to be available for transfer and then to sell the Apartment to the Founder Member or any other person or body at open market value.  The proceeds will benefit both the Club to offset future costs and past bad debts in relation to the shrinkage of the Club, and preserve some value and return for the owners leaving the club.  Opening up the range of prospective owners that can acquire the freehold of the surplus apartments overcomes the shortcomings to the Club of the previous “Way Forward” arrangement and requirement to deal with a monopoly transferee.

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. Is the deal that good? Is the deal ground-breaking. Will TATOC support the consumers they purport to represent?

Join the Action group legal@timeshareconsumerassociation.og.uk to take back you civil rights and claim damagers or specific performance of the contract you entered into. The resort belongs to you, why do we say this? Because MRL confirm it:-

All members of the Club and the Committee shall be deemed to agree and approve any conveyance pursuant to this Article 19 and to agree and approve the Custodian Trustee (and/or the relevant holding company, as appropriate

Has refused the above amendmenst and are pushing through the MRL proposal

Clause 19 Removal of Apartments

The founder members shall after consultation with the Committee be entitled at any time to remove the Apartments for the club provided the total points grading of all remaining apartments after the removal of any apartment exceeds the number of points rights in existence. The removal of any apartment shall be carried out in accordance with the following provisions:

The founder member shall be entitled by notice in writing to the trustee to require the trustee for no consideration (and without any further consents, approvals all procedures) to: (i) convey ownership (or procure the conveyance of ownership) of the relevant apartment block of apartments or part thereof (if the club owns the freehold of the relevant apartment or block of apartments) to the family member or its nominee; and/or (ii) grant (or procure the grant of) a lease of the relevant apartment (if the club owns the freehold of the relevant apartment or block of apartments or part thereof) to the founder member or its nominee; and/or (iii) surrender or assign (by deed of surrender, deed of assignment or transfer document as applicable and each surrender or assignments being hereinafter referred to as “an assignment” and the words “assigned” and “assigning” shall be construed accordingly) (or procure the assignment of) the lease all that part of the lease (if the club owns a leasehold interest in the relevant apartment or block of apartments or part thereof) granted in favour of the trustee which relates to the relevant apartment block of apartments or part of thereof to the founder member or its nominee, together with (in each case) such amenity ground pertaining thereto and the grass, conveyance, lease or assignment of such services, easements, rights and reservations,, and rights, access rights, fixtures and fittings, equipment, furnishings, plenishings and utensils as are necessary for the relevant apartment being conveyed/least/assigned to function adequately and independent from the club’s property, as the saying shall be agreed by the committee and a founder member and, failing such agreement, as determined by the decision of the single expert, to be agreed between the committee and a 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 as an arbiter, whose decision shall be final and binding on all members of the club, including the founder member and the committee.

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