As we reported in Friday’s Letter From America, Anfi held a Special General Meeting at the H10 Hotel in Meloneras, Gran Canaria, the subject was the change in contracts to bring them into line with the law.
There were three resolutions on offer,
Voting on Resolution 1
To establish occupancy periods for a maximum of 50 years duration, with an option to extend for further recurring occupancy periods of 50 years.
This will bring the contracts in line with the 50 year rule established in Spanish timeshare law, but it allows you to extend voluntarily to another 50 years.
Voting on Resolution 2
To limit the duration of the Timeshare Scheme to a maximum of 50 years.
The same as resolution 1 without the option to extend to another 50 years.
Voting on Resolution 3
Total change of Timeshare Scheme to adapt to Spanish Act 4/2012.
This adapts the contract to “Rotational Enjoyment Rights” Anfi explains it thus:
“Every current holder of a membership certificate shall be allocated a number of rotational enjoyment rights, equal to the number of membership certificates they currently hold and which will entitle them to enjoy the same week of use as they currently hold”.
The preliminary results are as follows, (these are not confirmed):
Anfi Beach Club
Resolution 1
- In the favour: 4342 votes
- Against: 140 votes
- Abstention: 34 votes
Result: Approved
Resolution 2
- In the favour: 2750 votes
- Against: 1696 votes
- Abstention: 119 votes
Result: NOT Approved
Resolution 3
- In the favour: 2750 votes
- Against: 1657 votes
- Abstention: 115 votes
Result: NOT Approved
Club Monte Anfi
Resolution 1
- In the favour: 2604 votes
- Against: 245 votes
- Abstention: 38 votes
Result: Approved
Resolution 2
- In the favour: 1106 votes
- Against: 1629 votes
- Abstention: 161 votes
Result: NOT Approved
Resolution 3
- In the favour: 1105 votes
- Against: 1635 votes
- Abstention: 156 votes
Result: NOT Approved
Club Puerto Anfi
Resolution 1
- In the favour: 2358 votes
- Against: 131 votes
- Abstention: 29 votes
Result: Approved
Resolution 2
- In the favour: 1287 votes
- Against: 1142 votes
- Abstention: 88 votes
Result: NOT Approved
Resolution 3
- In the favour: 1304 votes
- Against: 1126 votes
- Abstention: 86 votes
Result: NOT Approved
Resolution 1 has been accepted for all three resorts, which is:
“To establish occupancy periods for a maximum of 50 years duration, with an option to extend for further recurring occupancy periods of 50 years”.
So how does this affect you?
Quite simply it doesn’t, it will only affect new contracts, the owners club does not have the right to change a bilateral agreement that was signed between you and Anfi. It will only affect you if you agree to and sign the new contract. If you do not accept the new contract your existing one remains in force, which means your contract is still a perpetuity one, which is still illegal under Spanish timeshare law.
This obviously means that you may claim back the purchase price and have the contract declared null & void. For those who do have claims underway in court, this is crucial they do not sign, as it would then make the claim invalid.
It is obvious that Anfi want you to change, it will save them a lot of problems in the courts, but it is your decision, not theirs!
As more information comes in we will publish so you have the facts.
Since publishing we have received the following facts from Canarian Legal Alliance, they have contacted us with these figures and the latest judgment:
On Friday 23 June the HIGH COURT in Las Palmas announced the latest sentence against ANFI, with the contract being declared null & void with over 10,000€ being awarded back to the client. This was for a contract in perpetuity.
These are real figures direct from the Canarian courts along with real payouts. They are real sentences which are all ready to be executed (naturally all these amounts and sentences can easily be verified as they are public record), with many of these sentences published as news on this website as they happened. (search Supreme Court, High Court and First Instance).
So far overall court achievements from CLA against ANFI
• pay-outs to our clients from ANFI cases so far 1.133.560,06 €
• won cases ( all closed and ready for executions ) in the Supreme Court , High Court , and First Instance Courts with orders against ANFI for payments are 3.269.547,02 €
• On top of this CLA has 323 live cases in court and 279 soon to be presented.
So contrary to the spin Anfi try to put on all this, the courts are finding for clients, with Anfi having to lodge the money with the courts. The truth is out there for all to see, not just against Anfi but other resorts as well.
The post Anfi Special General Meeting, The Vote is In. appeared first on Inside Timeshare.