Information has been passed to Inside Timeshare from 3 sources which we have agreed not to identify, that Anfi Sales SL has called for a Special General Meeting in Gran Canaria on 23 June 2017.
At this meeting there will be three resolutions for members to vote on:
Resolution 1: To establish occupancy periods for a maximum of 50 years duration, with an option for further recurring occupancy periods of 50 years.
Resolution 2: To limit the duration of the Timeshare Scheme to a maximum of 50 years.
Resolution 3: Total change of the Timeshare Scheme to adapt to Spanish Act 4/2012.
As far as the law 42/98 is concerned it stated that no contract was to be for more than 50 years:
“all pre-existing schemes shall have a maximum duration of 50 years which shall be calculated from 15 December 1998, unless they have a shorter lifetime or their continuance has been expressly confirmed in a relevant public deed of adaptation to be for an indefinite or a specific period of time”.
Anfi claim that theirs is covered by the “Deed of Adaptation” which was granted to them in October 2000. But from our reading of this the word “Existing” is those sold before the enforcement of the 42/98 law. Any contract sold after that date should have been in accordance to the relevant law and be no more than 50 years.
This is exactly how the Supreme Court has seen it and ruled upon.
Now according to Resolution 1, the termination of the first period of 50 years is to be week 52/2048, as the timeshare law 42/98 was passed in December 1998.
So this now begs the question if you only purchased say in 2010, then surely your 50 years should be ending in 2060 not 2048?
So this brings us to Resolution 2.
The timeshare scheme shall have a maximum period of occupancy of 50 years, now the end date to this is week 52/2048. All the club members existing at that time will automatically stop holding rights of occupancy. The rights will revert back to the founding member.
Again, the question needs to be asked what if you purchased years after 1998, say in 2010, does that mean you will lose 12 years of what you paid for?
Also under resolution 2, the termination of the contract will not entitle any member from receiving any consideration or amount from the company (Anfi Sales SL), the management company, Anfi Resorts SL or the club.
Resolution 3, is a vote on the adaptation to law 4/2012, where schemes must be in the form of Rotational Enjoyment Rights, with a maximum 50 years duration. Under this scheme it reverts to the original fixed week fixed apartment system.
In this resolution every current member will receive a number of Rotational Rights equal to the number of membership certificates that they hold. Members will also cease to hold the right of use of apartments through the club and the trustee, they will hold directly a Rotational Enjoyment Right.
The majorities for the resolutions to be passed are:
- Resolution 1, 75% of all votes cast.
- Resolution 2; 80% of all membership certificates.
- Resolution 3, 80% of all membership certificates.
There is also another question that is being posed by resolution 3, are there enough of these fixed weeks and fixed apartments to go around the number of members, due to the floating weeks and points systems?
This does all look very confusing, it makes you wonder how the members, which are made up of many nationalities will be able to decide on how to vote and which one to vote on. This also looks like a way that Anfi is trying to get around the current wave of litigation it is experiencing and losing in the courts
It must be remembered that Anfi have always denied any wrongdoing, that all their contracts were legal and all the claims made about litigation were bogus. By coming up with these resolutions it looks to me they are actually admitting they were wrong, as the old saying goes “closing the stable door after the horse has bolted”,
And the reader might ask why this and why now? All this also comes as a direct result of Supreme Court rulings against the timeshare company which were won by the law firm Canarian Legal Alliance, who are specialists in timeshare claims. These rulings set groundbreaking precedents to protect timeshare consumers, with many receiving back their purchase price and having the contracts declared null & void.
Another company Holiday Club also tried the same thing, changing contracts in order to avoid litigation. That didn’t work either, the courts are not stupid. One has to wonder how many how many others have done the same so you are then unable to get back what is rightfully yours?
Again, there is a very good question that must be asked, how can the majority vote decide on the individual terms of contracts?
Each of you signed the contracts without knowing the fact that your contracts were essentially illegal, why should the you vote and protect Anfi?
They are not protecting you the members, they are protecting themselves, they know what they have done and are coercing you into saving them from past wrongdoing, a fact which they have always denied.
Inside Timeshare has followed the Anfi story for a long time, publishing many articles on them and the history of conflict between the partners, the many court battles and most recently the debacle over the Anfi Tauro Beach Project. That story is not over yet.
In the end the only losers in this will be the members.
I would suggest that you do not reply to this convocatory, and definitely do not sign it accepting the changes. You should ask yourself if this benefits You or Anfi… You can guess on what I think….
DO NOT REPLY TO IT, DO NOT SIGN, DO NOT PROTECT ANFI.
Below is the letter sent out by Anfi to members