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.