Las Conchas Underground

Las Conchas HOA
Association News
Posted by Community Manager (Arturo Cano) on May 27, 2019 9:00 pm

Update 5: Guard Caseta
Good afternoon Vecinos,

Today is a difficult day for all the Vecinos of Las Conchas. The demolition of the Guard Caseta is not something that anyone who lives or works in Las Conchas wanted. However, after the negotiations with City Officials reached a stalemate last Friday, the Executive Board realized that it was a possibility.

I want to share with all of you what has happened since Saturday, May 18th when the Penasco Office of Urban Development threatened to tear down the Caseta. The Executive Board decided to negotiate with the City based on the Mayor’s suggestion of funding Implan with future new construction fees. How would that work? The City would receive $5,000 USD from the refundable deposits for the next 50 new constructions up to $250,000 USD. Other details of the proposed contract were:

1.- As a good faith effort at the time of signing, Las Conchas would pay in advance $30,000 USD for the first six new construction projects. We would retain the fees from the first six projects as reimbursement. We know that there are 8-10 new construction projects waiting to receive approval of construction permits from Las Conchas and the City of Penasco.

2.- The City agrees to support the rules of the Programa Parcial and our CC&R’s.

3.- Both sides agree to drop all legal actions.

4.- The City will approve the zoning certificate and the building permit authorizing the Guard Caseta.

5.- After the number of new constructions reaches 50, Las Conchas would pay the City of Penasco $3,000 from the non-refundable impact fee for a to be determined timeframe.

We met numerous times with City Officials last week. We wrote together a document that included the details outlined above. We all believed that we were close to resolution but both sides also agreed that we had more details to work out. There were numerous versions going back and forth to complete the process.

Late Friday afternoon, the Mayor demanded that we sign the incomplete contract @ 10:00 AM on Monday. This was not possible to achieve. This is a significant agreement between the City of Penasco and the Asociacion de Las Conchas. It determines how we will work together in the future. The document was incomplete from both parties as well as the Board of Directors of Las Conchas must review and approve the final agreement before signing can occur.

At the Annual Meeting, we were unable to share the following key facts about Las Conchas:
-We are a strong community with nearly 700 homes. 80% of our Vecinos pay their dues. The number of Members in Good Standing has remained constant for several years.

-Over the past two years, our legal fees to challenge the illegal construction project in Section 9B7 and the abrogation of our Programa Parcial have totaled $42,212 or 3.2% of the total of the two years’ budgets.

-The Annual Budget is approved by the Vecinos at the Annual Meeting. These expenses cover various expenditures from trash, beach clean-up, legal fees, security services, road maintenance, and office support.

How do we move forward?
We move forward as a community rethinking how we ensure that our Vecinos are safe and their properties are secure. The Guard Caseta was a symbol of that feeling of Security. We will share some immediate changes that we are making to our Security team and function.

Many Vecinos ask what can we do to help? The most important thing we can all do is appreciate and respect each other and different opinions. We cannot fall apart as a community.

Thank you for your support and advice!

Ginger Beauchamp, Kay Warren, Bart Stockton, Jim Curcio, Phil