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

1 comment:

Eileen Richter said...

Marian Russell comments:

Hi Barbara.....really good points. I believe they have a hidden agenda which may be to overload us so that we will be so tired and anxious to leave, things may get put thru that wouldn't make it if we gave more time for
thought.

The pool area was lovely a year ago but now is ugly. Looks like a rest stop. A mess.