Apparently two members of the Administrative Council have returned to their previous pattern of suppressing information, to whit: the announcement on the bulletin board at La Marina directing inquiries regarding finances not to the Treasurer the third and equal member of the Administrative Council and the one who has the most financial information, but to the secretary...only. Isn't this filtering of information what we've been dealing with for nearly four years, now? Wasn't this pattern of with holding information, providing inaccurate information, suppressing significant details, glossing over serious problems, what got La Marina into the current financial crisis that led our past board president and current Administrative Council President to exclaim "not passing a new budget would be financially irresponsible?" Of course, no one was able to examine that budget and had no idea what it entailed. Is it any wonder there are numerous questions?
And if questions are becoming burdensome to Luis, what kind of solution is requiring "soft and hard copies" of requests to the secretary? Why isn't all the financial information posted on the bulletin board rather than edicts from two members of the Council who are not even responsible for the financial information? Talk about taking steps to be obstructive! If homeowners had the information it wouldn't be a problem, would it?
Is this sensitive information? You bet it is! Every homeowner has a right to know exactly how our money is being spent, who is spending it and why. It should not be necessary to beg and plead for this information. It should be readily available to each and every homeowner. There should be no secrets! The new regime requires us to make all our financial decisions at the annual meeting and then we have to live with those decisions until the next meeting. Only a thoroughly and completely informed ownership can render the proper decisions. We must have ALL the information to make the proper decisions.
Let's learn from past mistakes, keep everyone in the loop and avoid posturing.
Friday, December 22, 2006
Monday, November 20, 2006
Some Reflections on the November Assembly Meeting
By now most owners who couldn't make it to LM for the Special Assembly must be wondering what it was all about and what happened. I hope more 'beneficiaries' and owners will share their perceptions, because the meeting was extremely complicated, disorganized and as frustrating and confusing as the last meeting in March. Some of the frustration and confusion ensued as a result of one of my pet peeves-not following procedures such as parliamentary rules and voting procedures. The ostensible purpose of the meeting was to make LM legal and remove the basis for any legal challenge to LM operations and condo fees an owner might make. There are many of us who aren't sure we can claim all was handled properly after such a poorly run meeting. Although much pain was taken to call the meeting legally (i.e. the bank represented, a quorum of owners/beneficiaries, a properly elected president of the Assembly, etc, etc.), no steps were taken to verify condo ownership or proxies. The first officer elected had to step aside because he had no trust in his name.
The voting was highly questionable. All votes were counted as 1 (no 1.8 for two bedroom units).There were 68 condos represented and counts were made by counting raised hands and fingers. Couples were actually seen to both cast a vote for their single unit and at least one vote count came to 40-39. You do the math.
We were told we had to hurry and vote to make our condominium a legal entity, rush to vote in a new structure, vote new people to the council (which is now the new structure), vote on a name for a corporation to handle the finances, name the same officers for the new corporation, elect a Committee of Vigilance, among other things. The chaos, questions and repeated vote counting were exacerbated by the bank representative whose attendance was necessary for the meeting to be legal. She was 45 minutes late and could only stay until 12:30. Therefore, when the subject of a new budget came up, there was no time to discuss why a new budget was necessary or why the new budget would raise condominium fees considerably without replacing the reserves or ensuring our obligations to retiring employees.
When members objected and moved to continue with the current budget recommended by our Board of Directors last March until a new budget could be carefully formulated and reviewed by the membership, the new Council President (who was the former president of the board) had the shocking gall (my opinion) to charge it would be financially irresponsible not to pass the new budget (which no one saw until the meeting)! Where was this great sense of fiscal prudence last March and later in the spring when many owners begged the board and administrator to reconsider the expensive pool project and work to replenish the reserves first?
Meeting outcomes: We no longer have an administrator. Our Council of Administration will be in charge of seeing that the new corporation properly maintains LM and is made up of a President, Secretary and Treasurer (Dave Lewis, Nula Fales and Gail Hudson, respectively). The Committee of Vigilance exercises oversight over everything and is made up of Adriana Gloekler, Barry Hudson, Jeff George, Luis Gomez, Don Vandergon and Wendell Stroud. The annual meeting will now be held in November so that a yearly budget can be approved before the start of the fiscal year, but the March meeting will be held as scheduled to clean up the details of the new legal/corporate entity that was created.
It was confirmed by our attorney that LM has not been operating within the condominium laws of Sinaloa since it was formed; occupancy fees, parking fees and other fees and special assessments are illegal; and there are very specific laws regarding penalties for non-payment of the monthly condo fees. The Georges and others have been saying this for years, but many at LaMarina refused to believe it or even investigate these issues until forced into it by Jeff George legally refusing to pay any fees. The denial of our leadership, administrators and various owners/beneficiaries has cost us all dearly. As a result of their inaction, the Georges cannot be legally made to pay the past due fees. Will anyone be held accountable for this negligence?
If anyone who was at the meeting has corrections or clarifications to my recollections, please add them.
The voting was highly questionable. All votes were counted as 1 (no 1.8 for two bedroom units).There were 68 condos represented and counts were made by counting raised hands and fingers. Couples were actually seen to both cast a vote for their single unit and at least one vote count came to 40-39. You do the math.
We were told we had to hurry and vote to make our condominium a legal entity, rush to vote in a new structure, vote new people to the council (which is now the new structure), vote on a name for a corporation to handle the finances, name the same officers for the new corporation, elect a Committee of Vigilance, among other things. The chaos, questions and repeated vote counting were exacerbated by the bank representative whose attendance was necessary for the meeting to be legal. She was 45 minutes late and could only stay until 12:30. Therefore, when the subject of a new budget came up, there was no time to discuss why a new budget was necessary or why the new budget would raise condominium fees considerably without replacing the reserves or ensuring our obligations to retiring employees.
When members objected and moved to continue with the current budget recommended by our Board of Directors last March until a new budget could be carefully formulated and reviewed by the membership, the new Council President (who was the former president of the board) had the shocking gall (my opinion) to charge it would be financially irresponsible not to pass the new budget (which no one saw until the meeting)! Where was this great sense of fiscal prudence last March and later in the spring when many owners begged the board and administrator to reconsider the expensive pool project and work to replenish the reserves first?
Meeting outcomes: We no longer have an administrator. Our Council of Administration will be in charge of seeing that the new corporation properly maintains LM and is made up of a President, Secretary and Treasurer (Dave Lewis, Nula Fales and Gail Hudson, respectively). The Committee of Vigilance exercises oversight over everything and is made up of Adriana Gloekler, Barry Hudson, Jeff George, Luis Gomez, Don Vandergon and Wendell Stroud. The annual meeting will now be held in November so that a yearly budget can be approved before the start of the fiscal year, but the March meeting will be held as scheduled to clean up the details of the new legal/corporate entity that was created.
It was confirmed by our attorney that LM has not been operating within the condominium laws of Sinaloa since it was formed; occupancy fees, parking fees and other fees and special assessments are illegal; and there are very specific laws regarding penalties for non-payment of the monthly condo fees. The Georges and others have been saying this for years, but many at LaMarina refused to believe it or even investigate these issues until forced into it by Jeff George legally refusing to pay any fees. The denial of our leadership, administrators and various owners/beneficiaries has cost us all dearly. As a result of their inaction, the Georges cannot be legally made to pay the past due fees. Will anyone be held accountable for this negligence?
If anyone who was at the meeting has corrections or clarifications to my recollections, please add them.
Monday, October 30, 2006
Would you operate a business without liability insurance?
At the March Assembly meeting, the membership voted to "authorize the administrator to purchase a general liability policy for $800 for a two million dollar coverage." We have just received word from Lic. Juan Chong that La Marina has "no coverage for liability, no coverage for the building." This is totally unacceptable and subjects us all to great and needless risk.
Saturday, October 14, 2006
Legal Matters
On 10/14/06 11:35 AM, "Carlos Laguette wrote:
On April 2006, I requested from a Notary Public, to notify the Administrator that the resolutions of the March 9 Assembly, based on less than 75% favorable votes for a new pool to be paid equally by 103 units, were illegal and invalid, based on Article l9 of the Condominiums Law of the State of Sinaloa. He (the notary) refused, stating that it was not in his position to notify anyone of a violation to Laws and that besides the legal term for declaring the Assembly nullified, had probably expired, and recommended a Lawyer I could consult this with. I phoned the Lawyer and he said that, based on ŒMerchandise Associations Laws‚ the legal term was 15 days. The Notary Public was Humarán Castellanos and the Lawyer Rodrigo Llausas. The very same that are now the present legal advisors to our board and for which we are paying a monthly assessment on which we were not consulted, just charged without any votes taken.
I then summoned the services of Lic. Juan F. Huerta Robles to proceed in the courts against the resolutions. He agreed that they were illegal and invalid and that there was no expiration date. Only a dozen co-owners responded to my request for funds to proceed with a suit. The funds were returned to owners by Adriana because we considered that at least 25% of owners should be acting together so that in case of losing the suit we could proceed with a Special Assembly.
I respectfully submit that the November l4th Assembly be limited to a resolution on the name change only and for questions and answers on what the lawyers have concocted for us with the support of the present board and administrator on which I do not have any confidence at all. Several months should then be allowed for proper appraisal and decisions on the course that La Marina should take in the future including correction of malfeasances.
On April 2006, I requested from a Notary Public, to notify the Administrator that the resolutions of the March 9 Assembly, based on less than 75% favorable votes for a new pool to be paid equally by 103 units, were illegal and invalid, based on Article l9 of the Condominiums Law of the State of Sinaloa. He (the notary) refused, stating that it was not in his position to notify anyone of a violation to Laws and that besides the legal term for declaring the Assembly nullified, had probably expired, and recommended a Lawyer I could consult this with. I phoned the Lawyer and he said that, based on ŒMerchandise Associations Laws‚ the legal term was 15 days. The Notary Public was Humarán Castellanos and the Lawyer Rodrigo Llausas. The very same that are now the present legal advisors to our board and for which we are paying a monthly assessment on which we were not consulted, just charged without any votes taken.
I then summoned the services of Lic. Juan F. Huerta Robles to proceed in the courts against the resolutions. He agreed that they were illegal and invalid and that there was no expiration date. Only a dozen co-owners responded to my request for funds to proceed with a suit. The funds were returned to owners by Adriana because we considered that at least 25% of owners should be acting together so that in case of losing the suit we could proceed with a Special Assembly.
I respectfully submit that the November l4th Assembly be limited to a resolution on the name change only and for questions and answers on what the lawyers have concocted for us with the support of the present board and administrator on which I do not have any confidence at all. Several months should then be allowed for proper appraisal and decisions on the course that La Marina should take in the future including correction of malfeasances.
Thursday, October 12, 2006
Questions about Assembly of November 14, 2006:
All La Marina owners were sent notice of an Assembly meeting being called on November 14, 2006.
According to information we have received, these meetings are necessary in order to bring our condominium into compliance with the Mexican Law.
However, how are we, the Owners, to have sufficient knowledge of all the facts involved in order to make wise, and informed decisions at these upcoming meetings?
How many owners will be able to make last minute plans to journey to Mazatlan in order to participate fully in the decision making?
How many owners will give their proxy to friends, and not know exactly what they are voting for, or why?
Actually, there are 2 meetings being called--the first under the name of Don el Guia, with an Agenda, and the second under the name of La Marina Tenis and Yate Club, A.C., with its own separate Agenda.
The Don el Guia Assembly Agenda calls for “Election of Board to conduct the meeting”. I am wondering how this will be accomplished? Will there be nominations from the floor? Can anyone throw his or her hat in the ring?
Then there will be an analysis of the legal status of the Condominium Regime. Again, how many Owners have enough knowledge in order to make a decision? In this matter, perhaps we must depend upon the expertise of the attorneys involved.
Then there is an appointment of Support Committees………I am wondering what this means? Who can be on these committees?
Then we Owners will establish the fees for Administration and Maintenance and the Reserve Fund.
Our Reserve is to be at least $100,000. The Balance Sheets that are prepared monthly do not give a clear picture of the exact financial status of the condominium. Perhaps we will be asked to replenish the reserves? How much will that be?
Next, because of our present financial predicament, perhaps there will be an additional assessment asked for, to make up for the shortfall?
Then, we will appoint Legal Representatives and grant power to pursue actions for the benefit of the condominium. Who could that be?
Then there will be General Matters. Who will present these General Matters, and what will they be?
This meeting will then be adjourned.
The next meeting, that of La Marina Tenis y Yate Club A.C. will be called to order.
Again, another Agenda…………….
When it comes time to appoint Directors, may any Owner be nominated? How many will there be?
Then the Agenda indicates “Corporate Bylaws, changes and corrections.”
Will the Owners be asked to vote on bylaws, without previous knowledge?
The by-laws committee of 2005-2006 was reviewing carefully the changes that were previously made, and were making corrections and changes to be presented to the Owners to review. This committee was never given a chance to finish its work.
Aside from that, all Owners should have the right to review and discuss any changes that might be made to the By-laws. The committee would be even more effective if there were Owners represented according to their various differences in residence at La Marina, and with the advice and council of the Notary Public.
In addition, By-law # 60 is clear on how the voting is done on by-law changes. It is more stringent than other voting requirements.
To push changes through at this meeting, which already will be long and tiring is an unwise decision, would you agree?
What will be covered under General Matters? Can anyone bring up items for vote?
Why is the notice ended with a seemingly self-appointed Administration Council, comprising of only the current President, Vice-president and Treasurer?
Perhaps we Owners deserve to have more information before we are asked to vote upon all of these important issues?
Your fellow Owner, Barbara Richard #701
All La Marina owners were sent notice of an Assembly meeting being called on November 14, 2006.
According to information we have received, these meetings are necessary in order to bring our condominium into compliance with the Mexican Law.
However, how are we, the Owners, to have sufficient knowledge of all the facts involved in order to make wise, and informed decisions at these upcoming meetings?
How many owners will be able to make last minute plans to journey to Mazatlan in order to participate fully in the decision making?
How many owners will give their proxy to friends, and not know exactly what they are voting for, or why?
Actually, there are 2 meetings being called--the first under the name of Don el Guia, with an Agenda, and the second under the name of La Marina Tenis and Yate Club, A.C., with its own separate Agenda.
The Don el Guia Assembly Agenda calls for “Election of Board to conduct the meeting”. I am wondering how this will be accomplished? Will there be nominations from the floor? Can anyone throw his or her hat in the ring?
Then there will be an analysis of the legal status of the Condominium Regime. Again, how many Owners have enough knowledge in order to make a decision? In this matter, perhaps we must depend upon the expertise of the attorneys involved.
Then there is an appointment of Support Committees………I am wondering what this means? Who can be on these committees?
Then we Owners will establish the fees for Administration and Maintenance and the Reserve Fund.
Our Reserve is to be at least $100,000. The Balance Sheets that are prepared monthly do not give a clear picture of the exact financial status of the condominium. Perhaps we will be asked to replenish the reserves? How much will that be?
Next, because of our present financial predicament, perhaps there will be an additional assessment asked for, to make up for the shortfall?
Then, we will appoint Legal Representatives and grant power to pursue actions for the benefit of the condominium. Who could that be?
Then there will be General Matters. Who will present these General Matters, and what will they be?
This meeting will then be adjourned.
The next meeting, that of La Marina Tenis y Yate Club A.C. will be called to order.
Again, another Agenda…………….
When it comes time to appoint Directors, may any Owner be nominated? How many will there be?
Then the Agenda indicates “Corporate Bylaws, changes and corrections.”
Will the Owners be asked to vote on bylaws, without previous knowledge?
The by-laws committee of 2005-2006 was reviewing carefully the changes that were previously made, and were making corrections and changes to be presented to the Owners to review. This committee was never given a chance to finish its work.
Aside from that, all Owners should have the right to review and discuss any changes that might be made to the By-laws. The committee would be even more effective if there were Owners represented according to their various differences in residence at La Marina, and with the advice and council of the Notary Public.
In addition, By-law # 60 is clear on how the voting is done on by-law changes. It is more stringent than other voting requirements.
To push changes through at this meeting, which already will be long and tiring is an unwise decision, would you agree?
What will be covered under General Matters? Can anyone bring up items for vote?
Why is the notice ended with a seemingly self-appointed Administration Council, comprising of only the current President, Vice-president and Treasurer?
Perhaps we Owners deserve to have more information before we are asked to vote upon all of these important issues?
Your fellow Owner, Barbara Richard #701
Some Thoughts on the November Meeting
Since receiving my notice of the upcoming November meeting I have been thinking of what I could say on this blog that would be meaningful while still being respectful to the members. This is easily the most important event to take place since I became an owner in 1998. We will have the opportunity to determine our future for many years to come or we will fall back into the same mistakes which have brought us to the brink of financial ruin and to our current legal difficulties.
We need to fix the problems which have created these crises. We must become completely legal in the eyes of Sinaloa Condominium law and we must address our financial problems. The two are not unrelated. We have financial problems from poor budgeting and because the George's are not paying. They are not paying because our association has been operating out of compliance with Mexican law. Fix this problem completely and their grounds for withholding payments will be removed, thus helping our financial situation.
This brings up a second, and more delicate point. If you took your car in to be serviced and it came back to you in worse shape, would you go back to that mechanic again? If you received a bad haircut, would you return to that barber or stylist again? If you owned a professional sports team and that team kept losing, would you have the same coaching staff back the next season? If a business in which you owned shares kept losing money, would you want the same management team running that business? If you bought food from a market and that food made you sick, would you buy from that place again? The answer to all these is probably not. Why then should we even consider placing the same people who led us into this mess back into office after we become "legal"? I do not question their love of LaMarina or their good intentions and dedication. I do, however, question their ability to handle the problems we now face. They were warned repeatedly over the last three years that our legal standing was in question and that our finances were in disarray. We are where we are now because of their leadership. We are making a new beginning and we need new leaders to take us there. Leaders who are familiar with Mexican law and speak some Spanish. Leaders who are willing to fairly and openly consider all points of view. Leaders who have business management experience. Leaders who are willing to devote many hours to the task including during our busy season, the summer months. We need new leadership.
Steve Richter, 503
We need to fix the problems which have created these crises. We must become completely legal in the eyes of Sinaloa Condominium law and we must address our financial problems. The two are not unrelated. We have financial problems from poor budgeting and because the George's are not paying. They are not paying because our association has been operating out of compliance with Mexican law. Fix this problem completely and their grounds for withholding payments will be removed, thus helping our financial situation.
This brings up a second, and more delicate point. If you took your car in to be serviced and it came back to you in worse shape, would you go back to that mechanic again? If you received a bad haircut, would you return to that barber or stylist again? If you owned a professional sports team and that team kept losing, would you have the same coaching staff back the next season? If a business in which you owned shares kept losing money, would you want the same management team running that business? If you bought food from a market and that food made you sick, would you buy from that place again? The answer to all these is probably not. Why then should we even consider placing the same people who led us into this mess back into office after we become "legal"? I do not question their love of LaMarina or their good intentions and dedication. I do, however, question their ability to handle the problems we now face. They were warned repeatedly over the last three years that our legal standing was in question and that our finances were in disarray. We are where we are now because of their leadership. We are making a new beginning and we need new leaders to take us there. Leaders who are familiar with Mexican law and speak some Spanish. Leaders who are willing to fairly and openly consider all points of view. Leaders who have business management experience. Leaders who are willing to devote many hours to the task including during our busy season, the summer months. We need new leadership.
Steve Richter, 503
Monday, October 09, 2006
November Assembly
According to a statement from the Administrator in the LaMarinaville just received (actually, we didn't receive it, but someone forwarded it to us), there IS to be a homeowner's assembly November 14. We are told it is important because we must legally change our condominium name as a first step to resolve the Jeff George issue. We are given no further information regarding the agenda which must be sent to us 30 days in advance of the meeting. This is BARELY more than 30 days away.
There is also a statement at the end of the newsletter encouraging communication; quote "if you have questions or concerns... We believe communication is important." This strikes me as one of those statements that is made to be politically correct, but is really hollow when it comes to reality. Last April I sat in on a meeting with the Administrator and 25-30 owners communicating their concerns and absolutely nothing changed. In fact, the concerns the owners expressed have all come to pass, i.e. financial difficulties, legal difficulties, inadvisable expenditures, improper procedures, etc. Owners have been asking for information on financial records, voting procedures, decision making regarding expenditures; making suggestions regarding planning for the building, and on and on. The only responses have been to deny access to information, ignore the requests/inquiries or to make assurances that all is fine and there are just a 'few disgruntled owners" causing trouble.
The President sent out an email last April 13 with assurances that the By-laws were followed, and procedures at the March meeting were proper according to the by-laws, etc. This was reported as the opinion of an expert attorney who spent 1.5 hours examining the meeting minutes and whatever else was provided by the President and Administrator. How does that reconcile with the current situation? Did the attorney actually have all the information needed to render an opinion? Apparently not. We are not even legally registered in Mexico!
It is fine to make statements about communicating, but 'the proof is in the pudding,' as they say. Why were we not forewarned about this meeting. Were we given an opportunity to contribute to the agenda? The by-laws require the agenda to be set 30 days prior to the meeting. Is this a good way to avoid allowing homeowners to add agenda items that concern them? Does anyone believe that the name change is the only reason for this meeting? What about the financial crisis caused by poor budgeting and financial mismanagement? If this meeting is important enough to call, it should be used as an opportunity to take La Marina in a new direction including operating properly and wisely.
I am formally requesting that the following items be added to the agenda of the November Assembly meeting.
1. Financial record keeping/reporting, budgeting procedures, and planning input.
2. Structuring the association according to Mexican condominium law; establishing a Committee of Surveillance, etc.
3. Replenishing the reserves required by law.
4. Report on the pool project; why it is different from what was approved; deck furniture, shade, etc.
There is also a statement at the end of the newsletter encouraging communication; quote "if you have questions or concerns... We believe communication is important." This strikes me as one of those statements that is made to be politically correct, but is really hollow when it comes to reality. Last April I sat in on a meeting with the Administrator and 25-30 owners communicating their concerns and absolutely nothing changed. In fact, the concerns the owners expressed have all come to pass, i.e. financial difficulties, legal difficulties, inadvisable expenditures, improper procedures, etc. Owners have been asking for information on financial records, voting procedures, decision making regarding expenditures; making suggestions regarding planning for the building, and on and on. The only responses have been to deny access to information, ignore the requests/inquiries or to make assurances that all is fine and there are just a 'few disgruntled owners" causing trouble.
The President sent out an email last April 13 with assurances that the By-laws were followed, and procedures at the March meeting were proper according to the by-laws, etc. This was reported as the opinion of an expert attorney who spent 1.5 hours examining the meeting minutes and whatever else was provided by the President and Administrator. How does that reconcile with the current situation? Did the attorney actually have all the information needed to render an opinion? Apparently not. We are not even legally registered in Mexico!
It is fine to make statements about communicating, but 'the proof is in the pudding,' as they say. Why were we not forewarned about this meeting. Were we given an opportunity to contribute to the agenda? The by-laws require the agenda to be set 30 days prior to the meeting. Is this a good way to avoid allowing homeowners to add agenda items that concern them? Does anyone believe that the name change is the only reason for this meeting? What about the financial crisis caused by poor budgeting and financial mismanagement? If this meeting is important enough to call, it should be used as an opportunity to take La Marina in a new direction including operating properly and wisely.
I am formally requesting that the following items be added to the agenda of the November Assembly meeting.
1. Financial record keeping/reporting, budgeting procedures, and planning input.
2. Structuring the association according to Mexican condominium law; establishing a Committee of Surveillance, etc.
3. Replenishing the reserves required by law.
4. Report on the pool project; why it is different from what was approved; deck furniture, shade, etc.
Monday, October 02, 2006
Special Assembly?
We've heard a rumor that a Special Assembly may be called for November to be held in accordance with Sinaloa Condominium procedures. If that were to happen, it would be extremely important for as many owners as possible to get to the meeting. Unfortunately, many of us need more than 30 days to make plans to get to Mexico. Does anyone know anything more about this?
Tuesday, September 19, 2006
Where we are at Lamarina and where we need to go
Luis asked me today. well what does the Administor do if he or she doesn't have the right to do a special assessment.. i said first of all we set a budget , and the past 2 years l can see that was not done correctly... and then we set a reserve fund that is 1/4 of that budget and in March the owners agree or not for that.. hopefully they say yes .. and that is when the facts need to be true and listed for them and given to them way ahead of the meeting .. ( we need to sent the facts out so everyone knows what we need.. and THAT IS where the boards work comes in ... they list the issues the owners have asked for and then add any other needs for our building... Say.. the painting..it would be on the list and the postives on one side and negatives on the other and the costs of that and then the owners vote and we then set the reserve and the budget for the next year... Then if the management runs into trouble he or she goes into the reserve with the board oking it....the reserve that is used for the problems that come up has to be replaced in the next budget... This system makes the management stay in control and not over spend as they have for the last 5 years.... Also our bank statements are issued to our web site so everyone knows the facts of where we are and this keeps any fraud down.. and this is done monthly... along with the income and expense sheet with the balance sheet... We must change to a cash system for we have not be able to control our books with the acural system... ( it makes the management think we have more money then we really do) Like this year saying Jeff pays when he hasn't and paid his fine's when he hasn't...So now Dave Lewis is trying to get money somewhere... who knows how.. but they blew it when i told them to stop the pool and put it on hold ......and they also blew it in the March meeting when they broke for lunch and the reserve fund was never talked about after that ,,, and l know the pool people told them to stop talking that way or the new pool would have died.. That was the mistake they are paying for now and l must say everythng is breaking down here now!! the pumps , the hotwater tank, the boiler, the paint is peeling off faster then they can repaint, the elevators again today stopped working, the hurricane and the rain storms this year proved that the cracks in the beams in the main parts of the building are causing big problems..The termites are eatting away and they sprayed in the lobby once and they are back again... and in other units.... the washer and dryer are just hanging on... the rebar needs some serious rebuilding and making the lower first floor columns widen and bigger with added larger rebar forms and cement... But all of this MUST BE DONE WITH A CONTRACTOR OTHER THEN THE POOL ONE..I KNOW WHENEVER I TALK ABOUT THAT I GET PUSHED ASIDE.. but today l finally showed Luis how bad things really are there.. for one the builidngs they put too much sand in the cement mixture ( this was done by hand ) and the corners and walls are flaking away by just a touch of the hands.. and l showed Luis as it flaked away in front of his eyes. l showed him the tiles that was already cracked , broken and pieced together like a mess... l showed him how the heat pumps will not have enough air to pass around them to make them work at there best system.... and l showed him how the drain pipe drains right back on the deck.... l showed him how the steps in the hot tub was an after thought and now the raisers on them are so off that when you stand back each step is a different height.... l showed him all the cracks in the cement and the poor workmen ship...l told him the cememt was fine when the cement truck dropped it off but it was how they worked with it the week following and that day.. never cured it and that is why it cracked all over the place... i told him the only way now to get the rust spot of the cement is with micr-acid.... i told him that we need our palapas back $3000.00 to rebuild them and they should have never been distroyed.. we have no shade .... and what a waste to distroy them..... i told them that the building should have a texture color cement as the last coat on the buildings so we never have to paint again... i told him we should have put glass blocks all along the beach side of the bathrooms so we don't have to have the lights on all day to see in them...it all adds up to the maintance and costs for upkeep.... and the next years budget....i told him why wasn't there holes recessed down ready for the raiilings to be recessed in for a more secure hand rails? ,the bathrooms will barely handle a wheel chair... and the ramp to get back up to the firstfloor should be more level....He seemed to see all this and said he was going to ask and find out why.. I told him the lawyers agree this is a mess and we should be getting a 5 year warrenty on the work...So these are some of the ways we are dealig with issues. Luis also should not have work on a bank account where he can not even pay our bills on time... that is not right and very stressful for him...We do need to stop and think and have a better 5 year plan , stop the beauty look , get into the repair and rebuilding of the building..
That is what matters here and should be in the front of any wish list...Gail
That is what matters here and should be in the front of any wish list...Gail
Monday, September 18, 2006
Joan,
Thank you so very very much for your interest in this.. it has been a real hard year for all of us at lamarina. I have a long letter l will try to download to you to explain more of the matters at hand.. It has been very hard for me the past 6 month here at lamarina and it is long to explain all the legal in's and out's and is very involved. So l hope i can make sense to you for everyone, l feel, should know as much as they can about the problems we are having. There are different ones but the Jeff George issue is not all about money, it is about the owners rights, the laws being carried out as the law states. The reason the fees are not getting paid by Jeff is because his lawyer feels that the problems have been over looked in the past years, even after he has written many letters about the by-laws not being done correctly, the meetings not held right, the fee's collected when the homeowners had no say or vote in some of them .. the name not getting filed ... and then more rules and by-laws changed that were not done in a legal way ...He had to come up with some method to finally get the
attention of the management to make the changes that NEED to be corrected... It is, I am sorry to say, not a petty issue, but ensuring the laws that really protect you and your investment are followed ... the things they want ARE for the better of your investment.. It keeps you safe from someone raising fee's in the middle of the year for A BUDGET THAT MIGHT HAVE RUN way over or for say ... some one who wants to park a bus in the parking lot.. or say take your vote away for say the management wants to buy a new boat with your money... this are just examples ... but the bottom line is, if Jeff did not hold back his payments, there would be no effort to correct things. for he had asked the board before and they just said, oh well, and went on their merry way... I have studied the laws now and some of the issues we will have to go though to get this corrected and as i told our Lawyers just tonight and they agree 100% it is going to be a hard road and much easler to walk away and do nothing... but we must%2
Thank you so very very much for your interest in this.. it has been a real hard year for all of us at lamarina. I have a long letter l will try to download to you to explain more of the matters at hand.. It has been very hard for me the past 6 month here at lamarina and it is long to explain all the legal in's and out's and is very involved. So l hope i can make sense to you for everyone, l feel, should know as much as they can about the problems we are having. There are different ones but the Jeff George issue is not all about money, it is about the owners rights, the laws being carried out as the law states. The reason the fees are not getting paid by Jeff is because his lawyer feels that the problems have been over looked in the past years, even after he has written many letters about the by-laws not being done correctly, the meetings not held right, the fee's collected when the homeowners had no say or vote in some of them .. the name not getting filed ... and then more rules and by-laws changed that were not done in a legal way ...He had to come up with some method to finally get the
attention of the management to make the changes that NEED to be corrected... It is, I am sorry to say, not a petty issue, but ensuring the laws that really protect you and your investment are followed ... the things they want ARE for the better of your investment.. It keeps you safe from someone raising fee's in the middle of the year for A BUDGET THAT MIGHT HAVE RUN way over or for say ... some one who wants to park a bus in the parking lot.. or say take your vote away for say the management wants to buy a new boat with your money... this are just examples ... but the bottom line is, if Jeff did not hold back his payments, there would be no effort to correct things. for he had asked the board before and they just said, oh well, and went on their merry way... I have studied the laws now and some of the issues we will have to go though to get this corrected and as i told our Lawyers just tonight and they agree 100% it is going to be a hard road and much easler to walk away and do nothing... but we must%2
Friday, September 15, 2006
A Change in Perspective
Many La Marina homeowners continue to wonder why we are in this predicament where one of our own is refusing to pay fees and assessments. It might help to step back and try looking at it differently.
Imagine you're a homeowner in the US and a lot of foreigners buy up property in your community or condominium. There are lots of them and only a few US citizens such as yourself. Now that is fine for awhile but then the foreigners decide to start governing the community according to their own procedures and laws instead of according to US laws. What if you tell them that isn't right and they say "the majority wants it this way?" But, you say "that isn't legal here." But they have a legal expert (not in US law but in their foreign law) who says it IS okay to operate this way, so most of them think they can go ahead and ignore US laws and do what they want as long as they have enough of the community agreeing with them.
Suppose you decide, "Okay, you do what you want, but I operate according to US laws." Then they start making laws that conflict with US laws, and you ignore those laws. So they start to threaten you. You must follow their laws or they will penalize you.
Would you become angry and indignant? How long would it take before you would stand up to them and say, "there may be more of you, but you still must follow US laws when you are in this country!"? Then suppose the foreigners say, "You have to follow our laws because we are the majority." Would you be within your rights to say, "You can't make me follow your laws, because they don't apply in my country?"
Imagine you're a homeowner in the US and a lot of foreigners buy up property in your community or condominium. There are lots of them and only a few US citizens such as yourself. Now that is fine for awhile but then the foreigners decide to start governing the community according to their own procedures and laws instead of according to US laws. What if you tell them that isn't right and they say "the majority wants it this way?" But, you say "that isn't legal here." But they have a legal expert (not in US law but in their foreign law) who says it IS okay to operate this way, so most of them think they can go ahead and ignore US laws and do what they want as long as they have enough of the community agreeing with them.
Suppose you decide, "Okay, you do what you want, but I operate according to US laws." Then they start making laws that conflict with US laws, and you ignore those laws. So they start to threaten you. You must follow their laws or they will penalize you.
Would you become angry and indignant? How long would it take before you would stand up to them and say, "there may be more of you, but you still must follow US laws when you are in this country!"? Then suppose the foreigners say, "You have to follow our laws because we are the majority." Would you be within your rights to say, "You can't make me follow your laws, because they don't apply in my country?"
Wednesday, September 13, 2006
Answers to questions about Trust Information
ANSWERS TO QUESTIONS ABOUT TRUST INFORMATION
From Luis Peraza, Manager
Here are my answers to your questions in blue color.
Dear Luis,
In the La Marinaville received this month you wrote information about meeting with the LM attorney. Would you please tell me?
1. What will the Attorney do with my Trust Information? We just want to make sure what bank you use for your trust.
2. What will the Bank do as the Trust Owner? Nothing really, the bank will confirm us if the information you are giving us is correct, as you know many people have made a new trust extensions of 20 or 50 years and the bank might give you an new contract number.
3. Have I given permission to anyone to use my information, and exactly how is it to be used? I have not received any authorization from you on how I should use your information. But we sent an explanation why we needed this information; we have solicited the cooperation from the home owners to take care of this legal problem. I am sure you understand the problem.
4. Will there be a Homeowners meeting called, or is this a small meeting with La Marina (who?), Bank, Attorney, Notary, and will I have any say on who will represent the Home Owners? We still have not met with Mr. Humaran the notary, our attorneys are trying to have a meeting and explain him what we want to do. Mr. Humaran will tell us what type of meeting will be, Mr. Humaran and our attorneys will also tell us who will represent the home owner, so far they have said that an owner could represent them or the same attorneys or the bank but again this is nothing official. We hope to get these answers soon.
5. What does it mean when you say "the objective of this meeting is to revised the information you have sent about your trust make sure everything is ok"? there are some trust that are not under the new owners name yet, (Why? I do not know but this is what we have found out so far) there are some trust that are not current paid for the annual fee, there are some trust who are not with Bancomer they are with HSBC (before Bital) or Banamex and more banks we have more information we need to get from those banks and inform them about our meeting. Being the bank the key in this legal process to have this meeting done.
I feel too much is happening with my Trust, Property, and investment that I do not understand, and have no control over.
You feel free to contact me any time you have a question and I will be happy to answer your questions or direct your questions to our attorney so you feel good about what we are doing. I can understand how you feel with all the information is going around. But believe me we are working with people who knows what they are doing. Mr. Humaran, Mr. Juan Carlos Becerra and Mr. Rodrigo Llausas have told me that this case will be taken care we just need to be patient.
I hope you understand my questions........I am concerned about my property. It is now September 9th. Have you met with the Attorney? I have met with them and we want to meet with Mr. Humaran to then send a separate mail to all the home owners where we explain what is next. We do not want to have the home owners out off this YOU are all important and the communication in the future days should be the best we have ever had.
Barbara, I hope I have answered all of your questions and if you have more please contact me one more time.
From Luis Peraza, Manager
Here are my answers to your questions in blue color.
Dear Luis,
In the La Marinaville received this month you wrote information about meeting with the LM attorney. Would you please tell me?
1. What will the Attorney do with my Trust Information? We just want to make sure what bank you use for your trust.
2. What will the Bank do as the Trust Owner? Nothing really, the bank will confirm us if the information you are giving us is correct, as you know many people have made a new trust extensions of 20 or 50 years and the bank might give you an new contract number.
3. Have I given permission to anyone to use my information, and exactly how is it to be used? I have not received any authorization from you on how I should use your information. But we sent an explanation why we needed this information; we have solicited the cooperation from the home owners to take care of this legal problem. I am sure you understand the problem.
4. Will there be a Homeowners meeting called, or is this a small meeting with La Marina (who?), Bank, Attorney, Notary, and will I have any say on who will represent the Home Owners? We still have not met with Mr. Humaran the notary, our attorneys are trying to have a meeting and explain him what we want to do. Mr. Humaran will tell us what type of meeting will be, Mr. Humaran and our attorneys will also tell us who will represent the home owner, so far they have said that an owner could represent them or the same attorneys or the bank but again this is nothing official. We hope to get these answers soon.
5. What does it mean when you say "the objective of this meeting is to revised the information you have sent about your trust make sure everything is ok"? there are some trust that are not under the new owners name yet, (Why? I do not know but this is what we have found out so far) there are some trust that are not current paid for the annual fee, there are some trust who are not with Bancomer they are with HSBC (before Bital) or Banamex and more banks we have more information we need to get from those banks and inform them about our meeting. Being the bank the key in this legal process to have this meeting done.
I feel too much is happening with my Trust, Property, and investment that I do not understand, and have no control over.
You feel free to contact me any time you have a question and I will be happy to answer your questions or direct your questions to our attorney so you feel good about what we are doing. I can understand how you feel with all the information is going around. But believe me we are working with people who knows what they are doing. Mr. Humaran, Mr. Juan Carlos Becerra and Mr. Rodrigo Llausas have told me that this case will be taken care we just need to be patient.
I hope you understand my questions........I am concerned about my property. It is now September 9th. Have you met with the Attorney? I have met with them and we want to meet with Mr. Humaran to then send a separate mail to all the home owners where we explain what is next. We do not want to have the home owners out off this YOU are all important and the communication in the future days should be the best we have ever had.
Barbara, I hope I have answered all of your questions and if you have more please contact me one more time.
Monday, September 11, 2006
Just a few thoughts-Marian Russell
Posted at the request of Marian Russell.
hi gail....just a general idea here...
ELEVATOR - the one operating elevator stops automaticly at the fifth floor. there is no fan and some days are 39 degrees and humid. the elevator makes some strange noises.
ELECTRICITY - this needs replacement or repairs. many people believe that houses dont burn here because they are made of brick. WRONG there is a house in the lomas district that must be totally destroyed due to a fire caused from electric problem. it got so hot the rebar bent in the ceiling.. this can happen with any building here...
THE GEORGES - as they have lived here many years and are very familiar with mazatlan and mexico and how thing here are done or not done. they surely have an advantage over winter vacation people. i am not happy about paying an attorney to aid us in a losing battle.
How can we justify not taking care of unsafe elevators and electricity in favor of a hot tub . and bathrooms etc . the pool is not a swimming pool but just for getting wet. i cant believe the people who approved the pool ever swim..
About two miles north on the beach is a lovely project. the first floor units now are selling for about $150,000. and their monthly dues are $158.00 per month.
Why is gail hudson denied access to financial records etc???????
Living down here all year around for many years gives one a different perspective than just being here in the winter. I love la marina and have enjoyed it even in the hot humid summer. I feel right now a bit like i am living in a dictatorship that has no regard for my safety.
........marian
hi gail....just a general idea here...
ELEVATOR - the one operating elevator stops automaticly at the fifth floor. there is no fan and some days are 39 degrees and humid. the elevator makes some strange noises.
ELECTRICITY - this needs replacement or repairs. many people believe that houses dont burn here because they are made of brick. WRONG there is a house in the lomas district that must be totally destroyed due to a fire caused from electric problem. it got so hot the rebar bent in the ceiling.. this can happen with any building here...
THE GEORGES - as they have lived here many years and are very familiar with mazatlan and mexico and how thing here are done or not done. they surely have an advantage over winter vacation people. i am not happy about paying an attorney to aid us in a losing battle.
How can we justify not taking care of unsafe elevators and electricity in favor of a hot tub . and bathrooms etc . the pool is not a swimming pool but just for getting wet. i cant believe the people who approved the pool ever swim..
About two miles north on the beach is a lovely project. the first floor units now are selling for about $150,000. and their monthly dues are $158.00 per month.
Why is gail hudson denied access to financial records etc???????
Living down here all year around for many years gives one a different perspective than just being here in the winter. I love la marina and have enjoyed it even in the hot humid summer. I feel right now a bit like i am living in a dictatorship that has no regard for my safety.
........marian
Saturday, September 09, 2006
E-mail to Luis Peraza concerning meeting with attorney 9/9/06
9/9/06
Dear Luis,
In the La Marinaville received this month you wrote information about meeting with the LM attorney.
Would you please tell me:
1. What will the Attorney do with my Trust Information?
2. What will the Bank do as the Trust owner?
3. Have I given permission to anyone to use my information, and exactly how is it to be used?
4. Will there be a Homeowners meeting called, or is this a small meeting with La Marina (who?), Bank, Attorney, Notary, and will I have any input on who will represent the Home owners?
5. What does it mean when you say "the objective of this meeting is to revised the information you have sent about your trust make sure everything is ok"?
I feel too much is happening wiht my Trust, Property, and investment that I do not understand, and have no control over.
I hope you understand my questions....I am concerned about my property. It is now September 9th. Have you met with the Attorney?
Barbara Richard
Dear Luis,
In the La Marinaville received this month you wrote information about meeting with the LM attorney.
Would you please tell me:
1. What will the Attorney do with my Trust Information?
2. What will the Bank do as the Trust owner?
3. Have I given permission to anyone to use my information, and exactly how is it to be used?
4. Will there be a Homeowners meeting called, or is this a small meeting with La Marina (who?), Bank, Attorney, Notary, and will I have any input on who will represent the Home owners?
5. What does it mean when you say "the objective of this meeting is to revised the information you have sent about your trust make sure everything is ok"?
I feel too much is happening wiht my Trust, Property, and investment that I do not understand, and have no control over.
I hope you understand my questions....I am concerned about my property. It is now September 9th. Have you met with the Attorney?
Barbara Richard
stop hiding this from all
Can anyone tell me why we have not seen the books for July yet as it is Sept?? A board member has not even seen them after asking and asking.... The correct by-laws say we should get a report and have all books and files open to ALL OF US AT ALL TIMES!
l feel we should ALL have a copy of the books monthly and a copy of both bank statements!
We need to be a team and not hide things from each other... gail
l feel we should ALL have a copy of the books monthly and a copy of both bank statements!
We need to be a team and not hide things from each other... gail
E-mail to Owners dated August 21, 2006
August 21, 2006
La Marina Owner;
Are you aware that:
1. Your La Marina Board members are not communicating with each other, nor working as a team?
2. Your Board does not intend to meet this summer, despite the urgent problems that face us, as Owners, at this time?
3. Your administrator is not planning on going to Mazatlan this summer?
4. Your Manager has gone on vacation for a month, while the Pool project is in progress, and the project appears to have serious defects in the workmanship?
5. The Owner who was supposed to supervise the Pool project is not doing so?
6. Your money is not being reported accurately to you?
7. The elevator has not been repaired, even though you paid for the repair, and La Marina did not pay the company to complete the work?
8. The elevators are a safety hazard for all persons who ride them?
9. We have a serious problem concerning finances at La Marina?
10. The money YOU paid toward an insurance fund is gone? ($9,200.00)
11. The pending lawsuit is costing you money every day, and may drag on, and on, and on, with no end in sight?
12. The end result of the lawsuit and legal work involved may be very expensive for YOU?
I am reporting to you what I know, and what I have heard.
I am concerned that MY investment and home has not been managed wisely by those who are responsible to do so.
Barbara Richard
La Marina Owner;
Are you aware that:
1. Your La Marina Board members are not communicating with each other, nor working as a team?
2. Your Board does not intend to meet this summer, despite the urgent problems that face us, as Owners, at this time?
3. Your administrator is not planning on going to Mazatlan this summer?
4. Your Manager has gone on vacation for a month, while the Pool project is in progress, and the project appears to have serious defects in the workmanship?
5. The Owner who was supposed to supervise the Pool project is not doing so?
6. Your money is not being reported accurately to you?
7. The elevator has not been repaired, even though you paid for the repair, and La Marina did not pay the company to complete the work?
8. The elevators are a safety hazard for all persons who ride them?
9. We have a serious problem concerning finances at La Marina?
10. The money YOU paid toward an insurance fund is gone? ($9,200.00)
11. The pending lawsuit is costing you money every day, and may drag on, and on, and on, with no end in sight?
12. The end result of the lawsuit and legal work involved may be very expensive for YOU?
I am reporting to you what I know, and what I have heard.
I am concerned that MY investment and home has not been managed wisely by those who are responsible to do so.
Barbara Richard
Thursday, September 07, 2006
Posting on This Site
Only members can post (writing or photos) on this site. All La Marina owners are invited to join. If you know of someone who didn't get an invitation and would like to join, please have them contact me with their correct email address and I will add them to the members list. Then they can set up an account as you did to get on the Counter Currents site. When you want to post (the term for adding your written thoughts or photos) here is what to do:
1. Click on the Blogger icon in the upper left corner of the Counter Currents home page (orange square with a white B).
2. Sign in with your username and password. This will give you the 'dashboard' menu page.
3. Click the green plus sign under "New Post" and fill in the Title and your written comments or: click the photo icon to post a picture.
4. Be sure to click the "Publish Post" button below the text box to have your post appear on the site.
If you have any questions, you may email me. You will also notice that you can just make a comment on a Post that is already on the site and you can email a post from the site by clicking the letter icon at the bottom of a post.
1. Click on the Blogger icon in the upper left corner of the Counter Currents home page (orange square with a white B).
2. Sign in with your username and password. This will give you the 'dashboard' menu page.
3. Click the green plus sign under "New Post" and fill in the Title and your written comments or: click the photo icon to post a picture.
4. Be sure to click the "Publish Post" button below the text box to have your post appear on the site.
If you have any questions, you may email me. You will also notice that you can just make a comment on a Post that is already on the site and you can email a post from the site by clicking the letter icon at the bottom of a post.
Letter from Gail Hudson
Aug, 31, 2006
From Gail Hudson , Board member
Dear Lamarina Homeowners,
As you know l have been at La marina now since June... l came down for my personal reasons.. But after the Lamarina Lawyers talked to me and we both found out that
La marina had NOT told them the whole truth about all the inn's and out's here . They have asked me many many times now to PLEASE stay here in Mazatlan to help them and to help my fellow owners at LaMarina.. So with that l did. l have not seen my husband , tonna , nor my horse all summer now!!!!!.. but instead l have put my life on hold to work for you. l have been on a daily basis running back and forth to our lawyers , bank trustee dept, government dept. , Mazatlan electrical board to get the electrical ground rods.
( they are the protection we need for the new swimming pool to keep us from not jumping in the pool and getting electrical shock and dieing as my dear friend Jeannie did) This alone has been a real fight with Don and the Dave Lewis .. Dave ordered a $150.00 extra fee from your money to have someone come and say WE DO NOT NEED THIS THEY WERE HOPING.. BUT in return the Government electrical man stood side by side with me and Luis and said YES SHE IS RIGHT YOU MUST HAVE THEM ... IT TOOK 4 WEEK TO GET THIS DONE... with a fight ..
Along with that I have been working on our most important name change...
l have been to the bank almost daily and working with them and our lawyers.. l have been so upset to not get the needed help from Dave and Nula that l can not tell you what l have been through you will just have to take my word until l scan my information to all to see the proof.... l have done a few things to help you ... one is the law say's that all of us are equal and we as owners tell the board / Administer when and how much we want fee's applied (this is done at our March meeting)
Nula set a lawyer fee on your bill in June before l got here to tell her AGAIN This lS NOT LEGAL.. .. AS MY PHONE CALL IN APRIL AND MANY EMAILS TO HER AND THE BOARD TO TELL THEM THEY ARE NOT TELLING YOU THE TRUTH!!! OUR MONEY IS GONE.... AS FAR AS THE RESERVES,, INSURANCE FUND, AND the books are not correct.. This loss of money was way before Jeff George stopped paying his fees. NOW THE ELEVATORS ARE BOTH BROKEN DOWN. And we have did not deliver the payments that needed to be sent in June... it is now paid for l made sure of that.. like wise our lawyers.. the lawyers even gave us May free and let us pay late June July and now Aug...
l am sad to say that l have loss so much of my trust and hope with the administer / president when we are in a crisis. WE need to work together.... now Nula has locked me out of our (owners) office,files, the computer, the phone!!! l am very very unclear why they would do such a thing unless they are hiding something. l have done so much work for all of you that you are, l know unaware of , for l have been too busy trying to get our name changed fast before the Government
hears of it in town and comes wanting back Taxes. l feel EVERYONE should and must have the truth told to them weather this is good news or bad news... my values are of the truth..it is time that Lamarina faces the truth and the owners are not kept out of the dark... not only are you kept out of the dark but sadly l must tell you OVER 1/2 of the board members have been keep out of the loop!!!
l have a Vonage phone now and Nula has told be l am not allowed in the office. l was making Luis's old office into ALL OF THE OWNERS OFFICE.. I WAS GOING TO INSTALL THE PHONE AND GIVE A COMPUTER TO ALL.... to me this would help the miscommunation that is needed so badly here.
Also l have asked the office if there was any old files, to see if l could find information that might help us... and l was told no there are none ( 3 times l asked) well there is files and now l have some copies of them and l have found that we do have some meetings when the bank gave us a letter to ok our meetings without them being present.....(this is good news).. there are more files there ...that l have not finished looking through for you...
Through this crisis . l felt that Nula and your President should have at least called me and email me... but l get very few emails.. with alot of them being nasty ones...
so now my computer is broken and have asked Georgrio to please many times to get the available hook for this vonage service with no luck... he has not is many occasions been doing his job here.
Now l have 2 choice's and l would like you as owners to tell me what YOU would like me to do.
1. go Home
2. stay and keep trying to help us through this awful time
l will also welcome any help that l can get here on the job site.. it makes a completely different look on how things are running when you are here on a daily basis.. no emails, photos can replace the onsite
board member as my eyes have seen.
Thank You Gail Hudson
gailhudson165@hotmail.com or hudsongail@earthlink.net
please can you let me know if you receive this email... thank you
From Gail Hudson , Board member
Dear Lamarina Homeowners,
As you know l have been at La marina now since June... l came down for my personal reasons.. But after the Lamarina Lawyers talked to me and we both found out that
La marina had NOT told them the whole truth about all the inn's and out's here . They have asked me many many times now to PLEASE stay here in Mazatlan to help them and to help my fellow owners at LaMarina.. So with that l did. l have not seen my husband , tonna , nor my horse all summer now!!!!!.. but instead l have put my life on hold to work for you. l have been on a daily basis running back and forth to our lawyers , bank trustee dept, government dept. , Mazatlan electrical board to get the electrical ground rods.
( they are the protection we need for the new swimming pool to keep us from not jumping in the pool and getting electrical shock and dieing as my dear friend Jeannie did) This alone has been a real fight with Don and the Dave Lewis .. Dave ordered a $150.00 extra fee from your money to have someone come and say WE DO NOT NEED THIS THEY WERE HOPING.. BUT in return the Government electrical man stood side by side with me and Luis and said YES SHE IS RIGHT YOU MUST HAVE THEM ... IT TOOK 4 WEEK TO GET THIS DONE... with a fight ..
Along with that I have been working on our most important name change...
l have been to the bank almost daily and working with them and our lawyers.. l have been so upset to not get the needed help from Dave and Nula that l can not tell you what l have been through you will just have to take my word until l scan my information to all to see the proof.... l have done a few things to help you ... one is the law say's that all of us are equal and we as owners tell the board / Administer when and how much we want fee's applied (this is done at our March meeting)
Nula set a lawyer fee on your bill in June before l got here to tell her AGAIN This lS NOT LEGAL.. .. AS MY PHONE CALL IN APRIL AND MANY EMAILS TO HER AND THE BOARD TO TELL THEM THEY ARE NOT TELLING YOU THE TRUTH!!! OUR MONEY IS GONE.... AS FAR AS THE RESERVES,, INSURANCE FUND, AND the books are not correct.. This loss of money was way before Jeff George stopped paying his fees. NOW THE ELEVATORS ARE BOTH BROKEN DOWN. And we have did not deliver the payments that needed to be sent in June... it is now paid for l made sure of that.. like wise our lawyers.. the lawyers even gave us May free and let us pay late June July and now Aug...
l am sad to say that l have loss so much of my trust and hope with the administer / president when we are in a crisis. WE need to work together.... now Nula has locked me out of our (owners) office,files, the computer, the phone!!! l am very very unclear why they would do such a thing unless they are hiding something. l have done so much work for all of you that you are, l know unaware of , for l have been too busy trying to get our name changed fast before the Government
hears of it in town and comes wanting back Taxes. l feel EVERYONE should and must have the truth told to them weather this is good news or bad news... my values are of the truth..it is time that Lamarina faces the truth and the owners are not kept out of the dark... not only are you kept out of the dark but sadly l must tell you OVER 1/2 of the board members have been keep out of the loop!!!
l have a Vonage phone now and Nula has told be l am not allowed in the office. l was making Luis's old office into ALL OF THE OWNERS OFFICE.. I WAS GOING TO INSTALL THE PHONE AND GIVE A COMPUTER TO ALL.... to me this would help the miscommunation that is needed so badly here.
Also l have asked the office if there was any old files, to see if l could find information that might help us... and l was told no there are none ( 3 times l asked) well there is files and now l have some copies of them and l have found that we do have some meetings when the bank gave us a letter to ok our meetings without them being present.....(this is good news).. there are more files there ...that l have not finished looking through for you...
Through this crisis . l felt that Nula and your President should have at least called me and email me... but l get very few emails.. with alot of them being nasty ones...
so now my computer is broken and have asked Georgrio to please many times to get the available hook for this vonage service with no luck... he has not is many occasions been doing his job here.
Now l have 2 choice's and l would like you as owners to tell me what YOU would like me to do.
1. go Home
2. stay and keep trying to help us through this awful time
l will also welcome any help that l can get here on the job site.. it makes a completely different look on how things are running when you are here on a daily basis.. no emails, photos can replace the onsite
board member as my eyes have seen.
Thank You Gail Hudson
gailhudson165@hotmail.com or hudsongail@earthlink.net
please can you let me know if you receive this email... thank you
Comments from James Hudson
Friday, September 01, 2006 10:06 PM
Subject: HOME OWNERS , THIS HAS GONE FAR ENOUGH.
It seems to be a fact now, that we have problems at our property in mazatlan. For me as an owner , I can't ignore
them. Even if it is not a large investment, it's Business to me. The impression that we have been given by the
management of our property is not factual.This has gone
far enough now. I know by Sinaloa Condominium Laws, as Home Owners we need explanations from our president and administrator NOW. I see a list generated by a Home Owner, requesting answers. I say, I want all Home Owners to have those
answers NOW. The questions will be answered NOW, according to Law.
While talking to an extremely knowledgeable ( on Sinaloa Condominium Laws ) Mexican Lawyer yesterday, we have
concluded an action has to come about said property. I have been a Home Owner for about twenty-one years,
and it saddens me to see this happen to us. But I am an optimist and believe if we all come together, we will have
a brighter day soon.
Truly,
James B. Hudson
Subject: HOME OWNERS , THIS HAS GONE FAR ENOUGH.
It seems to be a fact now, that we have problems at our property in mazatlan. For me as an owner , I can't ignore
them. Even if it is not a large investment, it's Business to me. The impression that we have been given by the
management of our property is not factual.This has gone
far enough now. I know by Sinaloa Condominium Laws, as Home Owners we need explanations from our president and administrator NOW. I see a list generated by a Home Owner, requesting answers. I say, I want all Home Owners to have those
answers NOW. The questions will be answered NOW, according to Law.
While talking to an extremely knowledgeable ( on Sinaloa Condominium Laws ) Mexican Lawyer yesterday, we have
concluded an action has to come about said property. I have been a Home Owner for about twenty-one years,
and it saddens me to see this happen to us. But I am an optimist and believe if we all come together, we will have
a brighter day soon.
Truly,
James B. Hudson
Message from Jeff George
Aug, 30, 2006
Jeff George
Dear Lamarina owners,
l want::::
1. La Marina to run according to Mexican law, THIS HAS NOT BEEN DONE SINCE 1984. According to Mexican law the HOMEOWNERS elect the administer and the Administer does WHAT THE Homeowners APPROVE at your HOMEOWNERS meeting. There can NOT BE any SPECIAL ASSESSMENTS ONLY NORMAL MONTHLY HOMEOWNERS APPROVED Fees.
2. I have been to my lawyer Lic. Orrantia and have been commutating this to LaMarina for over 10 years, with no reaction from Lamarina .
3. The last Homeowners March meeting and the past 20 meetings have no legal standings in Mazatlan, in that fact the pool project has not been legally approved. This i told the administration , which was ignored, they have and still are not following the Mexico condo laws.
4. La Marina has to be run according to Sinaloa condo laws not USA laws.
5. This is not a Jeff George problem this is a Lamarina/MIS-MANAGEMENT problem that l am trying to correct so we have no more further legal Mexican Government problems.
6. ln April in 2005 l made an offer to settle with LaMarina , LaMarina has to comply with ALL Sinaloa Condo Laws and to reimburse me $100,000 peso's that i have paid legal fees to force lamarina to complying with Mexican Laws.LaMarina management rejected this and has hired a Law Firm At $2000.00 PER MONTH USA!!! this will go on for years and years and in the end Lamarina will still have to abide by Mexican Condo Laws.
7. A part time USA administer that does not speak Spanish, has no idea of Mexican law, and has no Mexican workings papers, this is NOT in the best INTEREST FOR ALL OWNERS AT LAMARINA..
Jeffery George
Jeff George
Dear Lamarina owners,
l want::::
1. La Marina to run according to Mexican law, THIS HAS NOT BEEN DONE SINCE 1984. According to Mexican law the HOMEOWNERS elect the administer and the Administer does WHAT THE Homeowners APPROVE at your HOMEOWNERS meeting. There can NOT BE any SPECIAL ASSESSMENTS ONLY NORMAL MONTHLY HOMEOWNERS APPROVED Fees.
2. I have been to my lawyer Lic. Orrantia and have been commutating this to LaMarina for over 10 years, with no reaction from Lamarina .
3. The last Homeowners March meeting and the past 20 meetings have no legal standings in Mazatlan, in that fact the pool project has not been legally approved. This i told the administration , which was ignored, they have and still are not following the Mexico condo laws.
4. La Marina has to be run according to Sinaloa condo laws not USA laws.
5. This is not a Jeff George problem this is a Lamarina/MIS-MANAGEMENT problem that l am trying to correct so we have no more further legal Mexican Government problems.
6. ln April in 2005 l made an offer to settle with LaMarina , LaMarina has to comply with ALL Sinaloa Condo Laws and to reimburse me $100,000 peso's that i have paid legal fees to force lamarina to complying with Mexican Laws.LaMarina management rejected this and has hired a Law Firm At $2000.00 PER MONTH USA!!! this will go on for years and years and in the end Lamarina will still have to abide by Mexican Condo Laws.
7. A part time USA administer that does not speak Spanish, has no idea of Mexican law, and has no Mexican workings papers, this is NOT in the best INTEREST FOR ALL OWNERS AT LAMARINA..
Jeffery George
Wednesday, September 06, 2006
Homeowner Concerns - 8/24/06
You may have been receiving some emails and letters regarding the situation at LaMarina as we have, but we have also personally talked with 3 board members and Barbara Richard about the situation with the pool, board activities, finances and the legal status of the homeowners’ association and the Jeff George issue. Since you have expressed an interest in the operations of LaMarina in the past we thought it might be helpful to summarize what we have learned and why all owners should be paying very careful attention to what is going on with LaMarina right now. This may be lengthy, but hopefully, helpful.
Information and Communication
There is a board/administrator tradition at LaMarina to filter and even withhold controversial or upsetting information from the owners. We have personally experienced this many times, as have many other owners. In recent conversations with current and past board members they state they have been chastised for being candid and open with owners, the exception in recent years being Dave Siengo’s term as Administrator, which was quite open by comparison, and the attempts by Gordon English to improve communications with owners.
It should be no surprise therefore, that information on the events occurring at LaMarina reaching most of us reflects the views of the current administrator and board president who control the flow of information. Barbara Richard has been trying to alert owners to a broader picture of events and the ramifications of our legal and financial situation, which you should have received via email (if you did not, let us know and we’ll forward them). You may have recently received one from Gail Hudson, the only board member in Mazatlan and the only one with legal status to act on behalf of the association in Mexico (FM3 papers). These efforts have not been supported by the administration because they are critical of the handling of both the finances and the legal situation.
Legal
We discovered in our June statement that an assessment was being levied for legal fees. The first fruit of these fees you recently received in the form of a letter from our LM attorney declaring that our Association has no legal status in Mexico because it is not properly registered. This is the basis of the Jeff George dispute. We have read an early version (2003) of the legal opinion written by his attorney which states that our Association of “trust beneficiaries” has no status in Mexico and thus any decisions, assessments, policies etc. issued by our Association are irrelevant. This legal challenge was not shared with owners and instead, much castigation was heaped on the George’s and continues today. Mexican law has unique rules about annual meetings, governance and assessments and who is eligible to vote (only owners, not beneficiaries) and we apparently have violated most of them.
The knowledge of this opinion has influenced our own evaluation of association actions (or lack thereof) with respect to Jeff George’s claims. Many of us as owners have refused to accept that Mexican Law has preeminence over our familiar American procedures, etc., but when we signed our Trusts we agreed that the Trust is the owner of our property and we are the beneficiaries. Like an alcoholic who can’t beat the alcoholism until he admits that he has a problem, we can’t correct LM until we admit that we have a problem. Our administration is still framing the issue as a need to legally change our name in order to sue Jeff George. Complicating the situation is a history of bad relations between various owners and the George’s. In our opinion, personalities and past history are presenting obstacles to settling with the George’s and taking the steps needed to get LM in compliance with Mexican condominium law.
Given that now the LM attorney is basically corroborating the opinion of Jeff George’s attorney regarding the legal status of LM, to pursue an action against him seems not only costly but, doomed to failure. We are concerned that the longer it drags on, the more vulnerable we are to fines and penalties for not operating within the law. This situation is costing us thousands of dollars and devaluing our property, for who would buy into LM with this hanging over our heads? Indeed, would it even be legal to sell property at LM right now?
We realize there is much more to this situation than we can go into here. If you would like more documentation please let us know. Suffice it to say, we are being assessed unlimited amounts of money to take an action on which we were not consulted, given no choice and which we think is inappropriate, unwise and could and should have been handled another way.
Finances
Meanwhile, our finances are a mess! Last year we went way over budget. At the March Board and annual meeting board member Gus Noyd wanted to do a special assessment to correct this and improve our cash flow. The Board, perhaps in its fervor to get a new pool approved (our opinion), set aside his concerns. The priority for 2006 was obviously the new pool, not our fiscal problems. This delay only exacerbates our financial problems. This year the George’s provide about 9% of our revenues and they are not paying. They will not pay until the above dispute is resolved, so we are 9% short every month.
Our operating income/loss statement is incorrect because it mixes income from the pool, elevator, and insurance special assessments with our regular income. It lists these same amounts as expenses. The result is a confusing report that gives us no information as to how much has been spent on each of these projects and whether we are operating “in the black.” There should be separate accounting for each special fund. Also, where is the interest spent on the Pool loan listed? Since the Balance Sheet shows a loan balance of $35100 on 6/30, how much and to whom are we paying interest? Maybe this is an oversight or maybe someone doesn’t want to draw attention to it. We would like to know how much interest is being paid. The Balance Sheet itself paints a very misleading picture of our finances on 6/30. The Pool loan, Pool reserve, and elevator project reserve are correctly listed as liabilities but what about the Operating Reserve, Emergency Reserve and Insurance Reserve? These total about $110000 and should be listed as liabilities if they have zero balances, which we suspect. Making these adjustments our liabilities increase from $105311 to about $215311 and our owner equity drops from $122546 to less than $13000. Feel all warm and fuzzy now?
Pool
Where do we even begin? We have all seen the pictures posted on the web by Luis that were mostly taken from high above looking down. We have all seen the pictures taken by our onsite Board member, Gail Hudson, showing close-ups. What did you think of the quality of workmanship? The Assembly, whether legally or not (You decide) authorized $175000 for this project. We are being assessed for it (and the Georges’ are not paying their 9%) and paying interest, yet who is overseeing the project and looking out for our investment? The Pool Committee’s responsibility didn’t end with the Assembly vote. Indeed it was just beginning. One of them should have been down there all summer long to supervise this project. (they could have rotated the duty amongst them). If you hear from a Pool Committee member that he went to Maz to check on the project, ask him how long he was there and who paid for the trip.
We know from our own experience remodeling our unit that you have to pay attention to what is going on and to what you want done or it may turn out differently from what you planned. Those of you who have remodeled already know this. Apparently the Committee and the Administration trust the contractor to get it right and on budget. We are not as optimistic and Gail’s pictures seem to lend confirmation to our concerns. By the way, whatever happened to 100 workers for two months? It has been three months now and the project is nowhere near completion. Of course, that is not unusual for Mexico. The greater worry is whether we will have something usable (safely) and within the authorized amount by November.
Well that is our sad, sad tale. If you are concerned please send your thoughts to the Administrator and the Board, especially its President. Since they control all the information, they need to know what you think.
Eileen and Steve Richter, #503
Information and Communication
There is a board/administrator tradition at LaMarina to filter and even withhold controversial or upsetting information from the owners. We have personally experienced this many times, as have many other owners. In recent conversations with current and past board members they state they have been chastised for being candid and open with owners, the exception in recent years being Dave Siengo’s term as Administrator, which was quite open by comparison, and the attempts by Gordon English to improve communications with owners.
It should be no surprise therefore, that information on the events occurring at LaMarina reaching most of us reflects the views of the current administrator and board president who control the flow of information. Barbara Richard has been trying to alert owners to a broader picture of events and the ramifications of our legal and financial situation, which you should have received via email (if you did not, let us know and we’ll forward them). You may have recently received one from Gail Hudson, the only board member in Mazatlan and the only one with legal status to act on behalf of the association in Mexico (FM3 papers). These efforts have not been supported by the administration because they are critical of the handling of both the finances and the legal situation.
Legal
We discovered in our June statement that an assessment was being levied for legal fees. The first fruit of these fees you recently received in the form of a letter from our LM attorney declaring that our Association has no legal status in Mexico because it is not properly registered. This is the basis of the Jeff George dispute. We have read an early version (2003) of the legal opinion written by his attorney which states that our Association of “trust beneficiaries” has no status in Mexico and thus any decisions, assessments, policies etc. issued by our Association are irrelevant. This legal challenge was not shared with owners and instead, much castigation was heaped on the George’s and continues today. Mexican law has unique rules about annual meetings, governance and assessments and who is eligible to vote (only owners, not beneficiaries) and we apparently have violated most of them.
The knowledge of this opinion has influenced our own evaluation of association actions (or lack thereof) with respect to Jeff George’s claims. Many of us as owners have refused to accept that Mexican Law has preeminence over our familiar American procedures, etc., but when we signed our Trusts we agreed that the Trust is the owner of our property and we are the beneficiaries. Like an alcoholic who can’t beat the alcoholism until he admits that he has a problem, we can’t correct LM until we admit that we have a problem. Our administration is still framing the issue as a need to legally change our name in order to sue Jeff George. Complicating the situation is a history of bad relations between various owners and the George’s. In our opinion, personalities and past history are presenting obstacles to settling with the George’s and taking the steps needed to get LM in compliance with Mexican condominium law.
Given that now the LM attorney is basically corroborating the opinion of Jeff George’s attorney regarding the legal status of LM, to pursue an action against him seems not only costly but, doomed to failure. We are concerned that the longer it drags on, the more vulnerable we are to fines and penalties for not operating within the law. This situation is costing us thousands of dollars and devaluing our property, for who would buy into LM with this hanging over our heads? Indeed, would it even be legal to sell property at LM right now?
We realize there is much more to this situation than we can go into here. If you would like more documentation please let us know. Suffice it to say, we are being assessed unlimited amounts of money to take an action on which we were not consulted, given no choice and which we think is inappropriate, unwise and could and should have been handled another way.
Finances
Meanwhile, our finances are a mess! Last year we went way over budget. At the March Board and annual meeting board member Gus Noyd wanted to do a special assessment to correct this and improve our cash flow. The Board, perhaps in its fervor to get a new pool approved (our opinion), set aside his concerns. The priority for 2006 was obviously the new pool, not our fiscal problems. This delay only exacerbates our financial problems. This year the George’s provide about 9% of our revenues and they are not paying. They will not pay until the above dispute is resolved, so we are 9% short every month.
Our operating income/loss statement is incorrect because it mixes income from the pool, elevator, and insurance special assessments with our regular income. It lists these same amounts as expenses. The result is a confusing report that gives us no information as to how much has been spent on each of these projects and whether we are operating “in the black.” There should be separate accounting for each special fund. Also, where is the interest spent on the Pool loan listed? Since the Balance Sheet shows a loan balance of $35100 on 6/30, how much and to whom are we paying interest? Maybe this is an oversight or maybe someone doesn’t want to draw attention to it. We would like to know how much interest is being paid. The Balance Sheet itself paints a very misleading picture of our finances on 6/30. The Pool loan, Pool reserve, and elevator project reserve are correctly listed as liabilities but what about the Operating Reserve, Emergency Reserve and Insurance Reserve? These total about $110000 and should be listed as liabilities if they have zero balances, which we suspect. Making these adjustments our liabilities increase from $105311 to about $215311 and our owner equity drops from $122546 to less than $13000. Feel all warm and fuzzy now?
Pool
Where do we even begin? We have all seen the pictures posted on the web by Luis that were mostly taken from high above looking down. We have all seen the pictures taken by our onsite Board member, Gail Hudson, showing close-ups. What did you think of the quality of workmanship? The Assembly, whether legally or not (You decide) authorized $175000 for this project. We are being assessed for it (and the Georges’ are not paying their 9%) and paying interest, yet who is overseeing the project and looking out for our investment? The Pool Committee’s responsibility didn’t end with the Assembly vote. Indeed it was just beginning. One of them should have been down there all summer long to supervise this project. (they could have rotated the duty amongst them). If you hear from a Pool Committee member that he went to Maz to check on the project, ask him how long he was there and who paid for the trip.
We know from our own experience remodeling our unit that you have to pay attention to what is going on and to what you want done or it may turn out differently from what you planned. Those of you who have remodeled already know this. Apparently the Committee and the Administration trust the contractor to get it right and on budget. We are not as optimistic and Gail’s pictures seem to lend confirmation to our concerns. By the way, whatever happened to 100 workers for two months? It has been three months now and the project is nowhere near completion. Of course, that is not unusual for Mexico. The greater worry is whether we will have something usable (safely) and within the authorized amount by November.
Well that is our sad, sad tale. If you are concerned please send your thoughts to the Administrator and the Board, especially its President. Since they control all the information, they need to know what you think.
Eileen and Steve Richter, #503
Asking for Participation
Welcome to Counter Currents, a blog for LaMarina owners to communicate with each other. It is my hope that by establishing this site, we can have a forum for all owners to discuss their ideas, news, interests, concerns and even, yes, conflicts. LaMarina has a fairly long history and everyone seems to have a different perception of various events. There are many new or recent owners who have their own perspectives. Essentially, we have a diverse group of people who share a common goal: to enjoy their property at LaMarina for as long as they can with comfort and quality. While that seems like a simple expectation, there have been many obstacles to that goal in recent years, for in order to realize that goal, the property must be well managed and well maintained. Not so easy, lately.
Please contribute your thoughts and insights on the current issues facing LaMarina, your views on current or past events or what you would like to see changed, improved, etc.
I am going to start things off with a letter of concerns that Steve and I have sent to some of you (it is dated 8/24). We would be interested in your reactions and your views regarding the issues we raise. We welcome a dialogue.
Ground rules: Posts must be civil and pertinent to LaMarina business. Posts containing personal attacks (name calling) or crude language will be deleted or edited. Ditto for comments. If anyone has concerns regarding the suitability of a particular post or comment, you may email me as the administrator and I will evaluate your concerns.
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