Sunday 14 July 2013

June Newsletter

June Newsletter
11 July 2013 @ 07:56


Hacienda Riquelme Golf Resort
President’s Newsletter – June 2013

Regrettably, this newsletter is going to concentrate on some of our financial challenges.

Your committee continue to strive to work with Resortalia to manage costs and optimise revenue from our debtors but are unable to report success in one key area.

Polaris World.
 As we all know, PW are in dire financial straits. In discussion with them, it is acknowledged by PW that they are not able to pay their creditors, of which we are one but they continue to insist that it remains their intent to pay all our community fees. It is a fact that sales at Terrazas de la Torre are buoyant so it just may be that they are starting to see some net revenue which would enable them to make good on their promise.

The word on the street is that a number of creditors have initiated Court Action against PW whose response appears to have been that they will see the creditor on Court – which is likely to be in five years’ time. In the meantime, the creditor’s account sits at the bottom of the list for any potential payments so the net effect is that the creditor has fronted up legal fees and taxes which have no chance of reaching any beneficial conclusion for five years. Of course, the creditor has the feel good feeling that they have initiated Proceedings – but that is it.

Then, of course, we have to consider that even when we win our claim, would PW have the wherewithal to pay us?

This is the position we are in. We can either continue to communicate with PW and hope that if and when funds become available, they will pay us rather than anyone else or we can initiate Proceedings which may or may not yield a positive result in five years’ time but we will have to throw good money after bad to do it.

It may be that by taking Action we eventually force the sale of PW’s assets here on HR – and the sooner the better as the new owner will have to pay the last two years community fees. If so, this is a positive reason for initiating Action. But – it is conceivable that the banks will foreclose on those assets long before the Courts get around to forcing their sale so we would have incurred the legal costs for no return.

At our last committee meeting, in applying the thoughts outlined above, the committee decided to suspend any decision on suing PW for the debt pending the promised June payment. We will, of course, be monitoring the situation very carefully but can assure you that despite some opinions, we are not sitting idly by and simply doing nothing.

Bluntly, our options are limited to:
Do we sue and send good money after bad? or
Do we continue our discussions with PW?

Throughout my business career, I had a philosophy that I would only ever go in to a battle that I knew I would win. If I did not think I would win, I sought an alternative solution. In these circumstances, I think that any ultimate result would be a pyric victory so, personally, I have no desire to commit our community to prolonged and costly Proceedings.

Other debtors
 We used to contract a company called Community Fees Ltd to collect our UK and Irish debt but for some time have been concerned about their abilities. Accordingly, we have approached to alternative debt collection partners in the UK and I am delighted to report that initial impressions are very favourable.

In the first instance, debtors will hear from a company called CCDR who will endeavor to negotiate payment of the arrears including costs and surcharges. Normally we will accept payment plans that yield the full amount of the outstanding debt plus all current payments within an agreed period.

If the debtor will not enter in to such an agreement or defaults on it, we use a firm of solicitors called Welbeck Law to go to the UK Courts to gain an European Order of Payment.

We understand that some owners have made payments to CF Ltd which C F Ltd have not advised us about and have not forwarded to ourselves so we have initiated Proceedings against them through Welbeck Law. If you have made any payments to Community Fees Ltd , please check with Resortalia to ensure that we have received them. If we have not received them, we need evidence of the payment so that this may be added to the claim against C F Ltd.

We make no apology for taking a hard line with debtors and are actively considering how we may go about forcing the sale of debtor properties. We know we are unlikely to be paid out of a forced sale but at least the new owner will have to pay for the last two years’ debt and we will have stopped hemorrhaging funds as the old debtor continues to default. And, yes, we are considering PW in this option.

MC will provide the quarterly debtor report after the July committee meeting

Cash flow
 Because of the decrease in revenue due to the increase in debtors (PW being by far the largest) we are generating substantially less cash than was forecast. Accordingly, we have embarked on an austerity program and are only spending on existing contracts plus essential repairs to maintain our security and infrastructure. Although we budgeted for 100,000€ for long term repairs and renewals, our cash flow means we would be “unwise” to consider committing to expense when we cannot be sure that we will receive all our budgeted revenue.

Holidaymakers
 June, July and August are the months when those owners who rent their apartments seek to optimize their revenue so that HR resembles a holiday resort.

Unfortunately, too many holidaymakers are attracted by some of the extremely low rentals that can be had here but who do not understand that apart from the golf course, there is little else to do. If the holidaymaker does not have access to a hire car, their options are decidedly limited.

We have already had a serious incident when one of a group of teenagers renting a second floor apartment apparently tried to jump off the apartment wall. He failed to walk away from his misguided attempt. This same group had earlier been smashing glass on to the road and had an altercation with our security.

If you rent, please make sure that your tenants understand the limitations of our facilities. HR was designed as a 5* golf resort and is just not suitable as a general holiday resort.

Our owners and renters must also appreciate that they have no rights to enter the golf course area, which includes the buggy paths unless they are actually playing the course. Any unauthorised person who is on the golf course is trespassing and there at their own risk. If they, or worse, their child, are hit by a golf ball, they would not be covered by insurance and the golfer would have no liability for the injury.

Phase 7 storage area
 Owners on Phase 7 are understandably upset about how the storage area is being used by contractors which causes them varying degrees of nuisance depending on their position. Successive committees have recognized this and endeavored to improve matters for Phase 7 but, regrettably have had little success. It would appear that some Phase 7 owners believe that the committee does not care about this issue but nothing could be further from the truth.

The problem lies with the issue that there is nowhere else for our contractors to use that is remotely as effective as the storage area. The alternative areas for contractors to use are both outside our perimeter so would need to be secured before they could be used. One of these areas is adjacent to the pump house to the left of the road to Sucina and the other is outside our security fence opposite the end of Phase 6. We understand that both these areas are owned by PW or IRM so the golf course machinery could be moved to these areas but our gardeners would have no right to use these areas. This would mean that we have nowhere for our gardeners to base themselves.

Moving these operations will involve costs which, eventually, would be passed through to us – either in increased golf course costs or increases in gardeners’ costs.

For these reasons, the majority of the committee has not been supportive of the idea to force the contractors to move although we have tried to have the contractors reduce the nuisance of the storage area and to reduce its adverse visual impact.

Some owners on Phase 7 have now had enough and are taking matters in to their own hands by initiating legal action to have the contractors removed. The majority of the committee is not prepared to support the action because they believe that such an action would not be in the best interests of the HR community as a whole.

We should also have a concern that the golf course is owned by a consortium of banks who have no choice but to take a tough commercial line. They have already told us that they are making a loss on the HR course with no sign of an improvement until they can source cheap water. We need to be mindful that if we push them in to a corner they could choose to close the course. I have had the benefit of being in communication with IRM so have a very real fear that this could well be their response so have this comment to say to the good folks on Phase 7: “Be careful what you wish for”

End on a high!
 I continue to receive feedback from visiting owners that they are agreeably surprised at how well the resort has developed since their last stay. I am fully aware of all the areas that, ideally, we would like to improve but have to agree that the general look of the place is better than ever.

The fairways are recovering well from the outbreak of alien grasses which are now dying back though the greens have recently been treated so are not yet at their best but look as though they will be fantastic within a week or so.

NB
President,
Hacienda Riquelme Golf Resort

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