Condominium Laws
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Whatever the CC&R laws are, I am sure there are a majority of us who would vote to change them if necessary to retain a FAIR HOA assesment based on size and/or square feet/ or bedroom number. For the small units to pay the same as a Casa is absolutely ridiculous as all other HOA's on the beach would agree!!!
Posted on: 9/7/2009 8:24am
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Re: Condominium Laws
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Thank you for the input.
“Whatever the CC&R laws are, I am sure there are a majority of us who would vote to change them if necessary…” There is no doubt, the majority of the owners, want to move away from paying the uniform assessment rate to paying a variable rate. - GHR “… to retain a FAIR HOA assesment based on size and/or square feet/ or bedroom number….” Fair or not the CC&R’s state uniform rate and they have not been amended. - GHR “…For the small units to pay the same as a Casa is absolutely ridiculous…” Again, ridiculous or not, the uniform rate is what we bought into, what we have been paying for over 5 years and what the CC&R’s state. GHR “…as all other HOA's on the beach would agree!!!...” The Mexican Condominium Regime Regulations provide for both a variable assessment rate and vote value. We have been advised that our documents are not filed in accordance with the Mexican Law. We have also been advised that there is only one complex on the beach that has filed documents that are 100% in Compliance with Mexican Law. Most have it partly right and only 3 have it completely wrong and we are one of the 3. So, yes since most of the others are partly in compliance and the Law provides for a variable rate, most if not all would be paying a variable rate. The fact is that our documents, which provide for a uniform rate, are not in compliance with the Mexican law that provides for a variable rate. In my opinion, our existing documents are at best, an interim document. Again, in my opinion, the only way to legally have a variable rate is to file in accordance with the Mexican Condominium Regime Regulations. This would get the majority what they want – a variable rate. It would also get those what pay more, what they expect – a variable vote value. - GHR Thank you Graham
Posted on: 9/7/2009 10:41am
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Re: Condominium Laws
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From: dan dimovski <danddimovski@yahoo.com>
Date: Sun, Sep 6, 2009 at 11:29 PM Subject: Re: Las Palmas HOA Fees To: Ann Marie Wiley <rockypointlovers@gmail.com>, Jerry Petty <JerryPetty@cox.net>, Jaana Ponzio Las Palmas HOA <jaanaponzio@yahoo.com>, Dan Dimovski <DanDDimovski@yahoo.com>, Sandee Bennett <oatmanbear@aol.com>, daand88@yahoo.com, Bruce Turner <yumacop1@yahoo.com>, Corey & Joe <jcnoriega@cox.net>, Jeanette Reavis Villa 13 <jreavis22@aol.com> Cc: Ross Anfuso <mugslv@gmail.com>, Ross Anfuso <mugslv@cox.net>, Las Palmas HOA <hoa_laspalmas@yahoo.com> Hi Jack, The Board is being transparent and communicating in a responsible manner. It is the boards role to represent the owners and their best interest. It is the Board's belief that a resolution in the case is what the majority of the Las Palmas homeowners want. As you know we are not a large Association and we are very open to recommendation during our meetings. Anytime someone has something they want to bring forward the board will bring to the membership. Unfortunately, some of the communication coming from Graham is all over the place. The information regarding anything that I can verify is at best half truths. It is difficult to respond to some of this stuff. Our board acts as a collective and requires 2/3rds to make decisions or act in official capacity. As you mentioned, we are all owners and all want to protect our investment regardless if its a condo or villas. The CCR's are clear regarding making amendments to them. We are not the first. HOA's to make them. For example, the Sonoran Spa made an amendment to have their Rental company be exclusive to that resort and it was passed after they had a majority vote. In my opinion ( speaking for myself only) it becomes very difficult to come to a resolution outside of the one we are working on currently. I am not sure exactly what the issues is beside the fee structure or what the alternatives are. We have had villa owners delinquent requesting hearings on something that hearings are not consistent with our situation and may be receiving advise to act in this capacity for whatever reason. These situations are few, however do to one specific person muddying the waters we are spending additional time effort and money confirming the amendment to our CCR's to be valid and ensuring that this amendment is what the the majority wanted when the vote was passed on January 31,09. To be honest I have called several owners in the past regarding the result of the last vote and I have spent hours talking specifically to Graham, respectfully hours that are hard to come by when we are busy with work and other obligations. I respect all owners and ran on the platform for making Las Palmas a better place for all condo and villa owners. I have received hundreds of e-mails about Graham and what he is saying and what he is doing. Not one e-mail about how well we have managed the resort this past year and how much money we have saved noted in our last report to the owners. We have kept our common fees down and implemented long term cost saving measures that will make us more efficient for years. If we continue this path our fees will go down again next year as long as nothing unforeseen happens. This makes our product more competitive in the marketplace for both condo and villa sales. It is unfortunate that the focus has been so much on Graham and how he thinks he has not been treated fairly and claims that he only wants to help us make sure we are doing things right and following the proper processes. After several long discussions with him, it is my understanding that he wants to pay the same as all owners when it comes to common fees regardless of size or area of his unit. If he cannot, then he has suggested that he receive more voting representation to reflect the fees or even proposed for the resort to have individual services for his villa and the other villas separate from everyone else so that he would pay for his own water and maintenance. Although these are all things that are not consistent with our CCR's not to mention extreme, he can still bring these things forward and even bring them to a vote Although these are items that would benefit his position and require amendments to our CCR's. they had very little to do with how this was going to benefit the HOA in general and how this will keep Las Palmas as one community. To conclude, if there was any doubt in the process to amend the CCR's on January 31,09 then the board has decided to hold a vote on the processes specific to the the fee structure as to owners agreeing with the result or not agreeing with the results. I can assure you and the rest of the owners, the board has taken extra steps to ensure this vote and process is completed in accordance with our CCR's. The vote will be processed in the presents of an attorney as well as a notary public. Let the chips fall where they may. the results will give definitive direction on the Board moving forward. It is my request that we as owners focus on what we need to do and do not allow one person to become a distraction to the point where this person is not a reflection of our reality. If there is anything that you can add or help us with to assist in any resolution I will be in Phoenix Monday and Tuesday then will be in Penasco Wednesday to Saturday. Please feel free to call me at my Phoenix number 1 602 449 - 0576. Perhaps we can meet to discuss further. Thank you for the information and your help. Hope to see you and all of the rest of owners assisting the board at the meeting. Dan Dimovski HOA Board Member Las Palmas
Posted on: 9/7/2009 5:25pm
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Re: Condominium Laws
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From: Graham Robins Sr. [mailto:ghrobins@aacb.com] Dan, I would like to clarify a few things: 1) You and I have not talked since March 1, 2009, when you called me to discuss the audit of the vote, and it was not for “hours”. Not one single conversation with you since March. 2) There is no amendment, on file with the Sonoran Records Department, to amend the wording of the CC&R’s to allow a variable rate assessment. 3) If you can show me an amendment that has been filed in accordance with the Sonoran State Condominium Law, I will stop talking about the CC&R’s and move on. Thank you Graham H. Robins
Posted on: 9/7/2009 5:26pm
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Re: Condominium Laws
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Dan, Thank you for replying to the last of several comments I have made concerning Las Palmas CC&R's, fees, voting and compliance with State of Sonora Condominium Law. Also noted are substantial HOA cost savings required by lower than projected income. However I must restate facts as follows: 1. No owner meeting, board or administrator may change, by amendment or fiat, the regulations of State of Sonora Condominium HOA's that are contrary to the law. 2. No section, article, paragraph or sub-paragraph within Las Palmas regulations (CC&R's) provide for a fee change schedule that is in compliance with the law. 3. The above statement applies to weighted voting by owners. 4. No management can, regardless of the dispute, permit the organization to become entangled in an ever expanding roil created by lack of understanding. Graham has stated several regulations impinging upon the last and upcoming fee change vote. All of his statements that I have read have been on point, courteous and factual. 5. Neither Graham nor I would enact or even propose all of the chapters, articles and sections of the State of Sonora Condominium Law, however, every HOA within the State must, I repeat must comply. I and other are ready and willing to assist in resolving the flawed documents that lead to unnecessary discord within the Las Palmas owners. Just as ignorance of the law is no excuse failure to become compliant after the fact is unacceptable. Read the law! Jack Wiley
Posted on: 9/8/2009 4:10pm
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