PDA

View Full Version : Las Conchas BOD Supplemental Minutes



playaperro
04-27-2009, 09:32 PM
Please take the time to read this report. It is important and you need to call and make your self heard quickly on the water issues addressed below.



Asociacion de vecinos de las conchas

Board of directors meetings – february 21, March 21 and april 18.

supplemental edition

Correct information concerning our association is important. If you are unable to attend the board of directors meetings, you need to understand what’s going on.

February’s Meeting:

The format of the Board meeting has been changed. A Sergeant At Arms has been appointed.
Homeowners are not allowed open discussion any longer. They are still allowed to attend but must restrain their comments. They are asked to sign in and are given a piece of paper if they wish to speak. They must complete the form and state what topics they wish to discuss prior to the meeting. They are allowed only two minutes to speak. These forms are given to the President at the end of the meeting and the President then calls upon those Vecinos.
Discussion regarding vecinos returning to OOMAPAS water contracts was postponed at the January meeting. The intent was to gather more information for informed Board discussions in February. There was no full Board discussion; there was a motion for the association to return to OOMAPAS for water service; a few questions asked and a quick second to the motion. It was apparent opinions and decisions had been reached prior to the meeting discussion. Three Board members voted no.
Scott Spackeen, District 2: Voted no; and, asked that his reason be placed into the minutes; he wanted to postpone moving back to OOMAPAS until the membership was allowed to understand the move and allowed their input.

Jim Hartdegen, District 4: Voted no; and, stated the need for further discussion and solutions.

Kathy Mazel , District 1: Voted no; and stated her concerns for assurances of good water distribution and clear responsibilities for repairs and maintenance of our water pumps, tanks and water lines. She stressed the association still does not have title granting ownership for the property at the gate where our water tanks, equipment buildings, office and gate entrance are located; this is a very important issue.

With no further discussion, the balance of the Board members voted to return to OOMAPAS water service. Contracts have not been finalized as of this mailing.

Vecinos’s Question and answer period followed.

Vecino Richard O’Brien asked several questions, the most important of which was:“Do we currently have another Union contract?” There was a stunned silence and no response. It was apparent Board Members were as surprised as Vecinos.

Mr. O’Brien asked: “A White Hat Union, A Black Hat Union, any Union ?” The President answered, “Yes, we do.” A few surprised Board members and vecinos quickly asked, Who? What Union ? Why the secrecy? There was a simple explanation by Chuck Salem that it was necessary to have a union; it cost only 2,000 Pesos a month. No more discussion was allowed and attempts for additional information were ignored.

Mr. O’Brien asked if there is an available copy of the old Union ’s December Settlement Contract available. He was told there is a Spanish version only; there is no English translation.
The meeting was adjourned.

PROPER PLANNING PREVENTS POOR PERFORMANCE

Las Conchas Water 101

The following notes are from the Board minutes of January 17,2009

wOOMAPAS will provide 240 square meters of water for 3,518 pesos.

wOOMAPAS will read the meters monthly. Excessive water usage will cause a second bill due and payable within 15 days

at the rate of 13.81 pesos per square meter.

w If the additional bill is not paid within 15 days, water service will be cut off. How do we receive this billing?

wOOMAPAS will use existing meters on all homes. If a house does not have a existing contract with OOMAPAS, a new contract service charge of 2,889 pesos will be charged, and the home owner will be responsible for the installation of the meter. If you are a new account, you will need to present your Dee d of Trust to show ownership of said property; if you are a former client you may present an old OOMAPAS water bill for ease of looking up your old records.

Questions and Concerns from District 1 vecinos addressing the board

These questions are written in reply to the ‘Notes’ of a meeting that took place with the OOMAPAS director and Arturo, our office manager, Chuck Salem and Norm Nelson. They were sent to you in February by our President. These questions have been addressed to our board several times with no answers.

u What is the cost of a water meter? What is the installation cost?

u Is the 2,889 peso New Contract Service Charge for new customers negotiable?

uWill we be billed once a month, or once a quarter, or once a year for our basic water usage?

u The second water bill is due in 15 days, which is a short period; how will we get this extra water bill in a timely manner since cutting water service will be an issue.

u The individual contract water bills with the association must be paid in full before we apply to the city. Will property management companies make sure their clients have fully paid their association water bills before they qualify to sign up with the city?

u Will it be necessary for the office manger to renegotiate our water costs each year so that we are all not paying different amounts? We have learned there are vast differences in price proposals from OOMAPAS since they consider Las Conchas vecinos to be tourists, therefore, liable for a commercial rate not residential and have a history of charging different amounts to different people.

uuuMembers are very concerned in District 1 as to what is going to happen to water delivery when or if we go back to the city under individual contracts. Our history shows that District 1 was neglected and were told ‘ tough luck ’ by our own board about adequate water delivery from some of our past administrations . We need to ask the following of our executive board:

What will guarantee us water delivery if we pay ahead? Right now we only pay for what we get delivered and we pay every three months ( as a community) and the city has made sure we have received water as they only have gotten paid for what they delivered. With going back to the city under individual contracts we have NO guarantees especially for sections 2,4,5 and 9 as we will have to pay one year ahead but with no guarantee of getting water. So the city will get their money whether they deliver or not… This is not good and not what this district can count on for water. Before we had our own water company we did NOT get adequate water in sections 2,4,5 and 9 every May through September… and had to purchase water truck loads that now cost $80.00 a load and at the same time we had to pay the association for the pumping of the water to our sections whether we received water or not and also paid the city for a year of water but only received 7 month of water each year. We want a guarantee that we will get water and not be left out to dry. We have too much to lose in sections 2,4,5 and9 by going back to the city under individual contracts…. As the city has not given us any guarantee of water delivery and we can not hold their feet to the fire for delivery or NO payment as we can now. We need to have leverage or we will lose again. So I question greatly……WHY are we going back to the city under individual contracts? Who has a lot to gain by this act? Who will lose? Why are we doing this ? Something is not sitting comfortable about this at all. Who stands to gain by this? Why is the mayor of Puerto Penasco now involved in our water issues and this agreement has to be Ok’d by him. Why is the water department so anxious to get us back under individual contracts?

The following questions are from vecinos in sections 2, 4,5 and 9 that are affected

1) If we go back to the city on ‘individual contracts’ and find many issues / problems…. Will we be able to return to having our own company and purchase as one group again? Will our pipes remain ours?

2) We must be able to count on fair distribution of water for all sections and have solid plans in place that will protect all Vecinos and if necessary have it written with a guarantee from the city and notarized that our water flow will be protected and our costs will remain uniform through out Las Conchas and negotiated each year by our managerial office.

In conclusion: Very Important….. Our President’s report that went out Friday April 24th … does not answer any of these questions . Why? Also we still do not have a signed contract so there is still hope for questions to be addressed if there are enough of you that show interest as to what is going on. Please speak up today before papers are signed. Ask that nothing be done before May’s meeting. Call your President, executive board and District Directors today!

Division on the board

Not all members of our full Board of Director are in agreement.

When we can not take time to discuss issues it leads all of us to not trust the WHY’S as to….What is going on with this encouragement to push us back to the city under individual contracts. Why is this ‘now’ so important to be done that one person had to push this issue instead of taking into consideration all details and concerns. There was definitely no discussion wanted by this individual……and he sees no conflict of interest and is most aggressive on making this change back to OOMAPUS right now, we ask Why so urgent? With out protections in place for our whole community as one body purchasing water, from the city, we are leaving ourselves vulnerable individually for being taken advantaged of. Below is an e-mail sent only to the Board

On January 8th 2009 an email from one of the vice-president’s that reads as follows:

______________________________ ______________________________ ______________________________ ______________________________ __________________

From: Chuck@goOceano.com



To: spring22@prodigy.net.mx; normandcarole@gmail.com; sdtjspack@ msn. com



CC: normandcarole@gmail.com; gannmastin@yahoo.com; theosprey0148@hotmail.com; campobellolc@aol.com; mjbonthewater@yahoo.com; hm florian @cox.net; mgruwell@houseofcourtesy.com; hartdegen @cgaz.com; nelson595@cox.net; boliver@apdfilms.com; biowaste812@aol.com; glendennis@prodigy.net.mx; jstewardsphr@comcast.net; jwenzlau@aol.com

Subject: RE: [med spam] RE: [low spam] RE: Revision to the Pro/Con list



Date: Thu, 8 Jan 2009 16:17:49 -0700



> All, please note that this change (going back to OOMAPAS) is going to occur

> with or without the consent of the board so we might as well try and make

> the transition as smooth as possible.

>

> For those that want to keep beating their heads against the wall, feel free.



> Chuck

> Chuck@ go Oceano



______________________________ ______________________________ ______________________________ ______________________________ _______________



Members need to pay attention to what is going on, these decisions affect our association assets and our personal assets. Note the date of the e-mail, January 8, 2009; apparently the move to OOMAPAS was a done deal before the Board voted on it at the March 21st Board meeting and before membership knew anything.

There is more information available in-regard to our whole water issues. If you are interested in learning more, email back and just ask.

There is nothing much to report to you about the March Board Meeting…. Except

During the Board meeting, which was attended by Board Members and a few homeowners, three armed Penasco policemen arrived and stood at attention in the rear doorway of the meeting room; after a few minutes they left. They returned a second time and a third time. They were on the sidewalk outside as members left. There was no explanation from the Executive Committee as to why they were present. We are left to wonder, what laws are being broken by our Board of Directors or the membership who attends the meetings to warrant this police presence? Who ordered these policemen and who paid for their services?

1st….. comes Roberts Rules of Order

2nd …..questions can only be addressed if written on a piece of paper prior to the meeting to be answered at the end of the meeting.

3rd……Police stationed at our meetings?

Does it seem to you that a gag order has been implemented once again like we had back in the 1990’s?

Is this what you want from your association leadership?

You also want to pay close attention to the audit report that was given at the March meeting. It is very lengthy and detailed showing problems.

There is nothing to report to you about the April Board Meeting ……Except

There were not enough board members present to have a quorum.



Kathy Mazel District Director for District 1

Representing home owners that want legitimate concerns addressed.

rikyt
04-29-2009, 12:39 AM
Wow!
Sounds like a whole lot of fun going on in Las Conchas. Playa Encanto is next!!
Too much money and too many greedy Americans. HOA'S SUCK!!

johnh
04-30-2009, 10:11 AM
Yes they do, the Playa Encanto meeting is this weekend, they just keep coming up with more charges. Seems like the ones that have been there longest make up new rules for those of us who plan to build later. Are HOA's in Mexico really mandatory as I have been told?

rikyt
04-30-2009, 09:04 PM
HOA'S are only mandatory if you have property that is included in a building or buildings shared by other owners such as condos,hotel rooms.

AZ Governor Jan Brewer and her husband challenged Las Conchas HOA in Mexican Federal court in Hermosillo and the ruling was in favor of AZ Governor Brewer. The ruling was that you do not have to belong to an HOA as reported in the Phoenix Business Journal.

So, you can if you want to, but it is optional and not mandatory.

playaperro
05-01-2009, 03:45 PM
May 1, 2009





Las Conchas Vecinos:



At our first HOA Annual Membership Meeting which was held at the old Casino 20+ years ago, we were surprised to find the membership was divided into two groups. Members were sorted, those in good standing were placed at the front of the room; they were allowed to vote and participate in the meeting; those not in good standing were placed at the rear; they were not allowed to vote nor take part in the meeting. The atmosphere was one of anger and distrust. Being new to the community, we asked a vecino seated near us what was going on. He told us about fistfights and violent arguments at prior annual meetings. Welcome to Las Conchas!



At some point in time, a number of vecinos paid their annual dues on the day of the meeting, they were allowed to vote and participate. The next business day, Stop Payments were issued on their dues checks which left the association holding the bag. Subsequently, the by-laws were changed to the current rule allowing that annual dues and fees must be paid 30 days before the annual meeting. It has been enforced by each administration; it is our election law. The membership has not been offered the opportunity to place this law in abeyance; therefore, it stands as the controlling standard today. If our Board of Directors doesn’t enforce certain rules, then why should homeowners feel compelled to obey others?



Currently, the Board of Directors decided to allow delinquent homeowners to vote since there was confusion in bill paying with the transition from Cadden to Brown Management. Those few members should be easily sorted out, but there are many clients of rental agencies on this delinquent list and giving them forgiveness is grossly unfair to members who play by the rules. Fooling around with who’s current and who isn’t leaves a large margin for errors.



This has been a disturbing year for our association. Homeowners attended the January meeting in force and waited over 3 hours to be heard. These were long-suffering homeowners negatively impacted by the so-called Wedding Houses and big party houses; they wanted immediate action taken to protect their properties and their rights as homeowners. No one broke the law; no one was disruptive and the meeting ended with an agreement. A smaller group of homeowners attending the February meeting were met at the door with new rules controlling and limiting their participation even more than before, allowing a mere 2 minutes to speak after completing a speaker’s card. The March meeting consisted of a very small number of homeowners and the Board members. After the meeting had started, three uniformed and armed Penasco policemen appeared at the back of the meeting room and stood there until a nod of the head dismissed them. They returned two more times and were stationed outside as the meeting dispersed. Most attendees didn’t notice them since they were positioned at their backs, but they were clearly in the line of vision of the Executive Committee facing them. This chilling and repulsive action rightfully should have culminated in the immediate dismissal from the Board of those responsible, but it didn’t. Questions as to why and who requested these policemen have gone unanswered. Why aren’t the decent people on our Board outraged and defending the homeowners who are the rightful owners of the association? This management’s act of cowardice has taken our association to a new low.



Something is terribly wrong with our leadership.



Neighbors, if we don’t do something soon our weakened association will cease to exist. That certainly is not in our best interests. Now more than ever, we need to demand accountability from our District Directors and insist upon legal adherence to our By-laws. Why else are they there?



Begin by electing individuals with true public servant leadership principles. If you don’t like your choice of candidate, begin a write-in campaign.



I urge you to vote for Wayne Speed for Vice President. Wayne is a very successful businessman with the full compliment of business skills. He has served as Vice President and Chairman of the Architectural Committee. He is courageous! He has withstood fierce attempts to discredit him and answered challenges directly and honestly. He receives no income from this community and he has no conflict of interests.



High on Wayne’s list of action is finalizing the desal project. We need an accurate accounting and determination of the desal assets. The funds must be returned to the members who paid them before they are drafted for another project; and a sale of the desal trains must be arranged.



We homeowners built this community on our backs with our dollars. Let’s begin again to rebuild our beloved Las Conchas to the strong, united, vibrant community we are entitled to enjoy. We begin by improving our community leadership one-by-one, it starts with us!



Respectfully submitted,

Jackie and Richard O’Brien

Section C – Lot 10