http://www.laspalmashoa.com/f/CCR_Las_Palmas.pdf">http://www.laspalmashoa.com/f/CCR_Las_Palmas.pdf

(pages 33 & 34 paragraphs 6.6.1 and 6.6.2 state the assessments shall be “….at a uniform rate per membership…” .

 I do not know this to be a fact but we have been told, that of the units in Puerto Penasco only one complex has their documents filed 100% according to Mexican Law:  

1)         Apparently the Las Palomas has documents on file that are 100% in accordance with Mexican Law

2)         Most of the other units have theirs partially correct.

3)         Only 3 have totally wrong documents on file and we at Las Palmas are one of the 3. 

I don’t think we have a choice in this, I believe we must file according to the Mexican regulations. On top of us then being in compliance, the regulations also provide for a Variable Rate for the assessments. It is this paragraph that indicates there is a variable rate. “…5)   The nominal value assigned to each apartment, living quarters, house, premises or area, and its percentage over the total value, also nominal, of the areas of the condominium….” 

It is our understanding: 

1)         The “nominal value” is not established solely on square footage.

2)         Each and every unit would be surveyed and appraised.

3)         Each and every unit would be assigned a nominal value and a percentage, using a calculation based on the value of the complex as a whole, would be assigned.

4)         This percentage would then be used:           

             a)         to determine the variable rate of dues           

             b)         to determine the vote value

5)         Each unit would be responsible for all of its utilities, including Water. 

The above is our understanding.  There is an English version of the complete regulations  available and I have not read it. 

Thank you

Graham H. Robins

Email to the HOA August 23, 2009 

As you are aware the CC&R’s http://www.laspalmashoa.com/f/CCR_Las_Palmas.pdf">http://www.laspalmashoa.com/f/CCR_Las_Palmas.pdf (pages 33 & 34 paragraphs 6.6.1 and 6.6.2 state the assessments shall be “….at a uniform rate per membership…”  

If there is any doubt about the meaning of "Uniform" in these documents, it is explained here - Page 33 - Paragraph 6.3http://www.laspalmashoa.com/f/CCR_Las_Palmas.pdf">http://www.laspalmashoa.com/f/CCR_Las_Palmas.pdf "...shall be the amount obtained by dividing the total budget of the Association...by the number of units....”  

At the January 31, 2009 AGM there was a ballot issued and a vote held to change from charging the Uniform rate per unit to charging a Variable rate per unit. 

There are several issues with the process: 

1)         The voting procedure was flawed – there were more ballots issued than there were eligible voters. 

2)         The ballot was wrong – it should have been to change the CC&R’s from charging the Uniform Rate to charge a Variable rate. 

3)         The project documents filed in Mexico are not at all in compliance with the Mexican Condominium Regime regulations. http://www.laspalmasowners.com/modules/newbb/viewtopic.php?topic_id=261&forum=41">http://www.laspalmasowners.com/modules/newbb/viewtopic.php?topic_id=261&forum=41 which I believe contain the solution as there is provision for charging a variable rate. 

I believe you have to immediately, before the next quarter fees are due, do two things: 

1)         Have everyone pay as per the CC&R’s – The Uniform Rate  

2)         Immediately start the process to properly file the documents necessary to Comply with the Mexican Condominium Regime regulations. 

I don’t now that we have a choice in this - it is the Mexican Law.           

There are at least 2 advantages to filing the correct Project Documents:           

a)         It gets the Las Palmas Project Documents in compliance with Mexican Law           

 b)         It gets us the Variable Assessment Rate 

Thank you

Graham H. Robins