Welcome to The Puerto Vallarta Peninsula Condo Owners
Website
The purpose of this website is to give all the condo owners at
Puerto Vallarta Peninsula Condominiums a place to know each other and to
discuss problems and solutions in a reasonable and amiable way.
I will try to refrain from politicizing and emulate the native
population which exhibits so much tolerance and good humor. We are
profoundly fortunate to be in a paradise not easily found. If we
all work together peaceably but united we can solve any problem.
My name is Sara Becker. . I am a
Family Physician from Portland, Oregon. The left picture is my
condo and reminds me of what I am working for. The center picture
is my best friend and my son on the beach. I am also a commercial pilot.
I hope to make PV my home someday
Our strength lies in communication and the ability to reason with
the developer as an informed group.
I know there is much frustration over services, rental
issues, repairs, inter-tower politics and now earthquakes.
Yes there are problems. Even God had trouble with one of his
angels. I hope most of us will take the long view and
realize that we can solve these problems because they are just problems.
We can and should treat each other with respect and with tolerance.
We are an international community who by our very presence here are not
average people. People will come and people will go
subject to their own needs. We are not developing a home we
are developing a community. Let us all work together so that the
community we establish is one we can enjoy our friends, our family and
the culture that surrounds us. We have had hurricane winds
and now an earthquake. (The locusts are next week) The
building is still there. Bridges may fall. We will
face some challenges but they are not insurmountable.
I try to present
information in chronological order so the older information is farther
down
NEWS
06/25/2012 08:52 PM
IMPORTANT NOTICE Remember this is in chronologic order so that the
most recent follows below!!
The Pool is doing fine. We are working on a
password protected website. I have made no entries to this website
since December in anticipation of a new website which is under
development. That this website has flaws I readily admit.
That said is no news good news? If history even at Peninsula has taught
us nothing the one repetitive theme is that some issues do not get
resolved without the knowledge of the event and the evolving consensus
that change needs to occur. We have a new administrator for
Tower 3 Julian Aznar after Oswaldo moved on to a new position elsewhere.
We have no titles yet but are told that Tower 1 is getting their titles
even though they were built two years after Tower 3. I
have no knowledge as to when we will get our titles although rumors
abound. I am sure they will come eventually. It is still a gorgeous
place to come to. Some warts exist on even the most beautiful
person. I have asked the board of Tower 3 whether they wish to
have this website disbanded. As in all groups, there is disparity
of opinion but the consensus was not to abolish it.
The gates are almost finished. Here are some
additional views from the front in addition to the Yahoo talk group
pictures. This is a great achievement for the entire complex
including Felipe Tome , Fernando Alercon administrator of Tower 2, Rick
Maslow Dewey Dessler and other individuals in Tower 2 and members of T3
board. Hats off to CC, Oswaldo and others in Admin who also played
a great role. We should be proud we have pulled together to
produce a beautiful effect and enhancement to the safety of our home.
Teatro Lemon I am told will be providing outdoor food
for sale the coming week at the complex. This is one of the finest
restaurants in the city. If enough owners are interested perhaps
we can have him here to not only provide meals but also cooking classes
, get togethers and wine tastings
Pool is about 80 degrees. Weather is cool here
I have had one comment from an owner/condo renter that
it is wrong to put this information where it is widely accessible.
That it is wrong to enable potential renters to find out the pool
where they might rent is at 68 degrees. The problem with passwords
are that once the password is leaked it is common knowledge. What
is the liability of the complex if a condo is rented with reasonable
expectations and the renter arrives to find the pool frigid? Who
gets to reimburse the renter for an bad experience? How will our
reputation be enhanced in an international community?
If there is a majority of owners
who feel this website does more harm then good let me know.
I truly apologize for any one who is inconvenienced by
these events and this knowledge. I do not create these events.
Owners are stretched across three countries and seven time zones.
Time and again there is a clamor for information. it is still not
perfect. The problems that face us are really small. Helping
Tower 1 become a civil association with the power to gather and disburse
maintenance fees and to actively participate in the management of the
complex will be really a step in the right direction. Tower 3 and
I believe Tower 2 are eager to help this occur. The fact that Peninsula
has growing pains is common knowledge. The fact that we have come
together to resolve these issues openly such as with gates, pools,
security and community is a testament to our strength. It is not a
weakness to say we have a problem but we are fixing it. If
anyone questions the ability of this community to overcome difficulties
let them stand before the elegant gates in front of the pool. We
should all be very proud of this.
Yesterday December 23, the main pool was heated
to about 77 degrees. Hopefully it will be up to 82 or so now. The voices
of the owners were heard.
December 22, 2011 For those who have not learned yet the large pool is
unheated and at 68 Degrees F. This was based on a decision by the
pool administrator of Tower 2 and Tower 1 to save money. It was
and is the position of Tower 3 board that the large pool should be
heated. Some movement is underway to heat the main pool now.
The unfortunate politics of the Penninsula have once again led to
an unfortunate outcome. If you are here in PV let your displeasure
be known if this is unacceptable to you. As a note this is not
completely respolved as Tower 1 which has the indoor spa and is heated
with joint funds does not let non-tower 1 residents use the spa.
Old News
 
Below is the latest Tower 3 newsletter
October
news spanish.webarchive
October newsletter.webarchive
Below is the October Tower 3 newsletter. Plans are
moving forward for administration of the pool, the gates and redesign of
the casita
October newsletter Octubre.pdf
At the request of Tower 2 Board I have included the
newsletter from Tower 2 for October. I have also included the Pool
Review and the Pool Maintenance Agreement. The Tower 2 report
contains some issues some might find controversial. The "Cisco
Report" or pool report commissioned by the board of Tower 2
in March of 2009 details deficiencies of the pool. Per Tower 2 the
report was sent to Tower 2 board members in mid summer of 2009.
Tower 3 became a Civil Association in November of 2009.
Tower 3 assumed a shared responsibility with the
other towers for the pool in the spring of 2010. Tower 1 would be
responsible for landscaping. Tower 2 would be in charge of
security. Tower 3 would assume administration of the pool.
There was never a order or request for a new survey of the pool after
Tower 3 assumed administration of the pool. Tower 2 never gave out
the results of the commissioned pool report to Tower 3 or for that
matter, as far as is known, anyone outside of the board of
Tower 2. Tower 2 as delineated below resigned from its role
in Security as outlined below. The reason given was that
Tower 2 choices for security were not respected. Neither Tower 1
or Tower 3 agreed to certain aspects of the proposed complex
security by Tower 2. Compromise could not be reached. Thus an
impasse occurred and the abrupt resignation of Tower 2 from security
followed. Tower 1 continued to do landscaping splitting the cost
of the common areas with Tower 3, 50/50. Tower 2 board states they have
no authority to landscape the common areas from their homeowners.
Tower 3 continued to administer the pool until a demand for a refund of
certain reserve funds from Tower 2 that were necessary for the
higher heating bills in the winter months. Continuing to administer the
pool would have made Tower 3 owners solely responsible for excessive
costs for heat and maintenance. From a fiduciary standpoint,
the board of Tower 3 was left with little choice. Tower 1
continues landscaping. There is a current pool agreement whereby Tower 2
and 3 will jointly administer the pool. Tower 3 has agreed to this
including the increased reserve fund needed to heat the pool. Tower 3 is
awaiting formal reply by Tower 2 to this agreement.
At a meeting on March 18, 2011, all three Towers made
a commitment to not unilaterally allow to happen or carry out any action
that would endanger complex personnel. One week later Tower 2
allowed the lights to the turnaround and the casita to be turned off.
Currently all the administrators of the three
towers are working closely together to resolve common issues.
We are jointly moving forward in areas of security , safety and
repairing the pool as judged by a meeting of Tower 1, 2, and 3 with
associated administrators over possible repairs to the surface of the
pool on October 5, 2011. I personally have great faith
in the ability to all three tower administrators to work out common
problems together and appreciate their joint commitment .
I hope soon to publish the schematics of the fence ,
gates and new casita.
If this all seems complex, it is. Again, we must
unite to resolve issues that belong to all of us. I have found emails
and newsletters lack the personnel contact and emotion that goes into
written communication. There are always at least two sides to an
argument and both sides can be right and wrong. In past years I
have been accused of being 'brainwashed, naive and confused. I
confess guilty to all three charges. Perception is reality
to many. Remember when you read anything , it is not always
true because it is printed nor does it contained always all the sides of
an issue. In the end, I do not believe any person in a position of
authority here has any greater desire than to serve the common
good of the Peninsula.
We are a very bright community. Let us use
knowledge to come together, not to be driven apart.
Remember these are my opinions. The September 25 comments are
still valid
RESIDENTIAL PENINSULA POOL MAINTENANCE AGREEMENT
Pendientes en alberc (Pool Report)
Newsletter October 2011 - Peninsula T2.pdf
Periodico
Octubre 2011 - Peninsula T2.pdf
At the request of the Tower 2 board I have
included the
newsletter from Tower 2. Information binds us together and
diminishes misunderstanding. I am pleased to be asked to offer this
Periodico
Agosto 2011 - Peninsula T2.pdf
Newsletter
August 2011 - Peninsula T2.pdf
September 25, 2011 ( A personal note)
The last few weeks have seen some extraordinary
events that been publicized. There was a robbery attempt in the
complex between a renter and two gunman. There was an attempt to
steal ATVs from the garage. The criminals were apprehended at a
confrontation near the naval base. The last two weeks have seen
behavior on the part of renters including drunk and disorderly conduct,
public indecency and occupancy that lies outside of the guidelines for
condos (for those who do not know A and D units are authorized for
10, B and C units for 8.
Sometimes, there is a feeling among some
that there is rampant discord among the different tower administrations
with each other. We are young community that has had to resolve
issues left to us by a developer who exceeded in artistic ability, and
location but has not been as proficient at practical details
and problem resolution as might have been wished.
Residents of Tower 3, three years later still does not have their
titles. I consider this a major issue. I do not have a firm reason
for this at this time despite attempts to find out. I have no firm
insight as to when this will happen.
The recent issues have again evoked a higher
desire on the part of all three towers to work together on security
(particularly to secure the south side against ingress by criminal and
petty trespass elements) , to augment the casita and internal tower
security. There are other internal security procedures and
equipment that will bolster safety and security that I will not disclose
here. I would strongly advise those who would victimize our
property and residents that you now will be recorded and caught. The
beach gates are being finalized.
The three tower administrations are also
working on uniform renter identification, renter agreements ,
policies
and procedures. Some of the behaviors that recently occurred
again emphasized that owners and their designated
representatives who rent have a moral and economic responsibility to
screen and vet their renters. Owner's Representatives who do not perform
due diligence and supervision of those they rent to face potential
sanction extending to banning from the complex by the
administrations of the three towers. The common areas
belong to owners, not renters.
The boards and administrators of the three
towers are jointly working on an assessment of the present and
future status of the main pool with all the towers. It will
require resurfacing and repair in the near future. The
timing, financing and sharing of this is being actively discussed by the
three tower administrations.
Individuals who serve as board members serve at
their own expense and time sometimes to exclusion of time with their
families and occupations. The reward is the safety and security of
our homes. our paradise on earth. Their is no greater treasure
than having a home that is as beautiful as what we have. I often
tell my patients who know how much I treasure my condo that I hope
heaven is as good as my balcony in PV at sunset.
In the thirty four years I have been a Family
Physician, I have found that to express any opinion is to create in
disquiet and dissent. I feel the times are somewhat extraordinary.
In ancient Roman times , it was commonly expressed that Rome is the mob.
We cannot function as a mob. We must function as all vested in the
future and harmony of this extraordinary community.
Sara Becker
Tower 3 will continue to administer the pool for the benefit of all.
Hopefully new agreements can be reached. Below is the email in
original form where Tower 2 resigned from being in charge of security.
There continues to be an unfortunate disagreement in sharing of services
which has led to interruption of power to the casita. Each tower is
caring for its own security.
Dear Tower III homeowners
For your information
Following is an e-mail received in the past days from
tower II where they are resigning as the administrator of the complex
security
Estimados Condóminos Torre III
Hacemos de su conocimiento el correo recibido en días
pasados en donde Torre II renuncia a su puesto de administrador de
seguridad del complejo
English below
De: Consejo de Administración de Torre II
A:
Torre I y Torre III
Asunto: Administración de la Seguridad en Residencial
Península
Por medio de la presente les notificamos que el Consejo
de Administración de Torre II ha determinado que no es aceptable que
continuemos como "Administradores" de la seguridad solo en la palabra.
Lamentamos que, por cuestiones ajenas a nuestro control,
no podamos ejercer las mejoras sobre la seguridad en el complejo. Como
creemos que la situación no mejorará en un futuro cercano, para nosotros
seguir como "administrador de la seguridad" es, no solo deshonesto, sino
engañoso. Por lo tanto, es interés común para todos que renunciemos
inmediatamente como el "Administrador de la Seguridad de Residencial
Península".
Sugerimos que cada torre tome los pasos necesarios para
proveer de seguridad tanto a sus residentes como a su torre. Por
supuesto que estamos dispuestos a discutir, en cualquier momento, sobre
las reales mejoras en la seguridad.
Respetuosamente.
Consejo de Administración de Torre II.
Español arriba
To:
Torres I and Torres III
Re: Residential Peninsula Security
Administration
Please be advised that the Torres II Board of Directors
has determined that for us to continue as "Administrator" in name only
is unacceptable.
We regret that for reasons beyond our control we
unable to improve overall security of the complex. Because we do not
anticipate that the situation will improve in the near future for us to
continue as "security administrator" is misleading and dishonest.
Therefore, it is in the best interest of all that we resign immediately
as the "Residential Peninsula Security Administrator".
We suggest that
each Torres continue to take the steps its feels are necessary to
provide for the security for its residents and property that it deems
necessary. Of course , we remain willing to discuss real security
improvements at any time with you.
Respectfully Submitted,
Torres II
Board of Directors
Cecilia Fernanda Delgado
ADMINISTRACION
PENINSULA TORRE II
Av. Francisco Medina Ascencio # 2485 Zona Hotelera
Norte
Puerto Vallarta, Jalisco (48333)
Of.: 52 322 209 2131
Cel: 52 322
182 1406
Nextel: 52 322 177 2167 I.D.: 92*960080*3
March 19, 2011 will be the annual shareholders
meeting for 2011. If individuals cannot attend but are willing to email
me or Oswaldo with concerns we will try to address them at the end of
the agenda. We are looking into improving safety and also services in
Tower 3. Be sure to send your proxy with someone attending the
meeting if you cannot attend.
On a personal note I think we are making progress on
all fronts particularly working with the other towers to improve
security and services .
The pool is well heated and maintained.
I keep getting questions about this.
The annual
shareholders
Tower 3
meeting for 2011 is set for March 19, 2011 save the day.
ANNUAL ORDINARY MEETING NOTICE
FOR
CONDOMINIO ESPECIFICO
RESIDENCIAL PENINSULA TORRE III
In accordance
with articles 180, 181, 182, 183 and all regulations relating to the
RULES AND REGULATIONS FOR THE ADMINISTRATION of Condominio Específico
Residencial PenínsulaTorre III A.C. we are providing official notice
to the owners of tower III of the Annual Ordinary Assembly to take place
on the 19th
day of March, 2011 at 10:00 hours at the
Business
center, located in Tower III, residing at Av. Francisco Medina Asencio
2485 Torre III, Zona Hotelera Norte, Puerto Vallarta Jalisco,
for the
purpose of reviewing the following:
AGENDA
First.-
List of Attendees
Second.-
Election of the President, appointment of the Secretary, Vote
Counters, and inauguration of the Assembly.
Third.-
Administration report.
Fourth.-
Presentation and approval of the Common Administration and Maintenance
Expense Budget for the year 2011
Fifth.-
Presentation of the amount and form of payment for the maintenance fees,
as well as the determination of the late fee penalty necessary to
guarantee the payment of the Maintenance Fees.
Sixth.-
Election and/or ratification of the Members of the Directors Board for
the year 2011.
Seventh.-
Election and/or ratification of the associations administrative
manager.
Eighth.-
Miscellaneous and designation o whom will notarize the meetings
minute.
By virtue of
the importance which these matters will have for all Tower III Owners,
the Assembly will make every effort to comply with the Agenda detailed
above, we thank you in advance your timely attendance and in the event
of not being able to attend please make use of the power of attorney
(proxy).
CONVOCATORIA ASAMBLEA ANUAL
ORDINARIA
CONDOMINIO ESPECIFICO
RESIDENCIAL PENINSULA TORRE III
Asamblea general Ordinaria de
asociados de la Asociación Civil denominada Condominio Especifico
Residencial Península torre III A.C. que se convoca con fundamento
en los artículos 180, 181,182,183,y demás relativos del código civil del
estado de Jalisco y articulo trigésimo sexto, trigésimo séptimo,
trigésimo octavo, trigésimo noveno y demás relativos de la escritura
constitutiva la cual tendrá verificativo el día 19 del mes de Marzo
del año 2011 a las 10.00 horas en el centro de negocios
(Business center) , localizado en la torre III del condominio
Residencial Península, Av. Francisco Medina Asencio 2485 Torre III zona
hotelera norte en Puerto Vallarta, Jalisco, de conformidad con lo
siguiente:
Orden del día
Primero.-
Firma lista de asistencia,
Segundo.-
Elección de presidente, nombramiento del Secretario y Escrutadores e
instalación de la Asamblea.
Tercero.-
Reporte de la administración
Cuarto.-
Presentación y aprobación del presupuesto de gastos comunes de
administración y mantenimiento para el año 2011
Quinto.-
Presentación del monto y forma de pago de las cuotas de mantenimiento a
cargo de los Condóminos, así como determinación la penalidad por pago
moroso y su monto necesarias para garantizar el pago de las Cuotas de
Mantenimiento.
Sexto.-
Nombramiento y/o ratificación de los Miembros del consejo de Directores
para el año 2011 y en su caso admisión de nuevos consejeros vocales.
Séptimo.-
Nombramiento y/o ratificación del gerente administrativo de la
asociación.
Octavo.-
Asuntos varios y designación del delegado para que acuda ante notario
publico y logre la protocolización del acta que consigne los acuerdos.
En virtud de la importancia que
tiene para todos los Condóminos los asuntos que en la propia Asamblea se
tratarán de conformidad con la Orden del Día arriba transcrita,
agradecemos anticipadamente su puntual asistencia y para el caso de no
poder asistir a la misma personalmente, sírvanse hacer uso de la carta
poder, otorgándola a alguna persona de su confianza que les pueda
representar legalmente ante la Asamblea.
Atentamente
Junta Directiva Torre III
Regards
Tower III Board of Directors
NEW announcements from the individual towers
Below are several informational newsletters
and statements. I try not to editorialize except for clarity.
At the request of Tower 1 and Tower3 I have
links to a statement regarding landscaping reached by the boards of the
respective towers in both English and Spanish. The statement is in
htn and in PDF. The PDF file contains the pictures of the areas
that are involved
Peninsula homeowners landscaping 1205201.htm
Gardened areas maintenance English.pdf
(PDF Files with Pictures)
Mantenimiento
español.pdf
At the request of Tower 2, I have posted
below the links to the Tower 2 documents including newsletter recently
made available. Their website is
Peninsula Homeowners Association Tower 2
2010 Accomplishments (English)
Logros_Oct.2009_a_Oct.2010.doc
2010 Newsletter Tower
(English)
Peniódico_Noviembre_2010.doc
Below are the HTML Files which do not require
to be downloaded
Accomplishment_october_2009__oc.htm
logros_octubre_2009__october_21.htm
2010
Tower 2 Newsletter
Torre 2 periodico.htm
At this moment, November 23, 2010,
there is a agreement between the towers for holiday guards at the Casita
and roaming the complex. Tower 2 will act as the administrator for
security. Each tower will pay one third the cost. It is hoped this
will form the basis for cooperation and future joint endeavors.
As of November 16, 2010 there are no guards at the
Casita. Taxis now park on the inner circle to provide service.
There is no restriction of traffic flow in or out of the complex. Tower
3 was notified of this about 24 hours before it happened. Tower 3
administration was notified that Tower 2 had not paid for their part of
the service. Tower 3 was given the option of extending for two
weeks but this was declined by Tower 3 board members as no permanent
solution existed. Tower 3 doors in the lobby are locked after 8 PM.
This has occurred because the guards were not being paid.
Peninsula
security and the administrator Roberto long ago were fired by Felipe the Developer. Felipe
hired guards which Tower 2 was not supportive of and maintained they were
not competent and were not alert. Tower 2 refuses to pay for them
. Tower 2 (as are we) is displeased because Tower 1 (Felipe)
not paid its portion of the water bill which is about $280,00 pesos. We
are at risk of having the water shut off. Tower 2s position
relayed to our board of tower 3 is that Tower 2 has adequate security
within its borders. Tower 2 wishes to hire a security company
which is not agreeable to Tower 1 and Tower 3. Tower 2 feels
that they should be in charge of security just as Tower 3 is in charge
of the pool. Although verbal agreements were that Tower 1 would
handle landscaping, Tower 2 would handle security and Tower 3 administer
the pool no written agreement has ever been signed. Tower 2 does not
agree to joint landscaping and wants to continue to do its own
landscaping. As of this moment each tower does its own landscaping
and the area by the river is maintained by the developer. Tower 3
continues to administer the pool and is now heating it. Tower 3
realizes that the pool is a fundamental piece of the complex and does
not want this vital function abandoned. Failure of the other
towers to pay their share (which they have thus far) endangers this as
the pool is an expensive commodity for one tower to maintain and would
be very expensive to rehabilitate. It is a key part of the complex.
The signs were taken down as a sign of good faith
in an attempt to reach a consensus with Tower 1 and at the request of
Fernando during the last round of negotiations. As of this moment
they have not been placed back up.
I was requested by one of the board members of Tower
2 to try and convey all positions. I have tried to do so but all
errors are mine alone. I am the only board member here in PV at the
moment. I have offered to meet with Rick Maslow this week but have
not had a response to my email.
The sum of this is that that homeowners should
maintain caution when visiting here. Keep your condo doors locked
when in them. Do not carry valuable possessions to areas where
they can be stolen. Keep a heightened awareness about you as you
would do in any large city particularly in the parking garage.
There is no security presence at the pool so be prepared to see
outsiders using the facility. Therefore use caution interacting
with strangers you do not know. Although the casita is
probably not the greatest security tool, it does signal to the
outside there is a security presence. I dare say most everyone in
PV knows the casita is empty.
I regret that we cannot come to better agreements.
Please see my comments below. I have included a response from Rick
Maslow President of Tower 2.
Tower
To: All Peninsula Residents
Re: Whose in Charge of Security
Dear Fellow Owners:
There is much misinformation going around regarding the
reason for not having security guards at the casita. Therefore I will
try and put forward the facts of how we got here in hopes that we will
not make the same mistakes twice in our search for a permanent solution
agreeable to all.
1.
In April 2009 the security service
was operated by the developer's manager (Alarman) and was to say the
least inadequate. Also, all security employees for all of residential
Peninsula were on Torres II payroll.
2.
One of the initial orders of
business by Torres II first owner elected Board of Directors was to
replace the Alarman operated security service with a highly regarded
professional security company (Praetorian) which was done with the
developer's prior agreement and consent in May of 2009. The cost of the
services was divided equally between Torres II and III – Torres I did
not paid anything.
3.
Praetorian's performance was
uniformly praised by owners. However, by late August of 2009 Torres II
was advised that Torre I and III fired Praetorian from servicing their
Torres and the casita. Also, Torres II discovered that Torres III had
not paid any part of Praetorian cost.
4.
In September 2009 the developer
replaced Praetorian with a security company who Peninsula owners
demanded fired for incompetence 2008 which had preceded Alarman security
services.
5.
Torres II was not asked nor would
it have accepted the developer's choice of the previously fired company
for its security. Torres II kept Praetorian for its security. The
precedent was then established that each Torres would provide for its
own security.
6.
In February of 2010 there was a
meeting of several leaders and owners from Torres II and III and the
developer's architect and attorney. At that meeting it was suggested
that Torres II assume responsibility for security. However the developer
and Torres III some of the newly elected civil associations director's
indicated that Praetorian would not be acceptable to the developer or
Torres III because they were too expensive.
7.
Immediately after the meeting
Torres III held open interviews inviting Torres I and III to participate
with two different local security companies, we had contacted a third
company, but they were more expensive than Praetorian.
8.
For many reasons, English speaking
guards being an important factor, March 2010 of Torres II decided on
which company should be hired.
9.
The cost was to be shared equally
and Torres II had the company prepare a contract for each Torres to
sign. Torres I and III then advised Torre II that they did not approve
of Torres II decision and would not agree to hire the company. One
reason actually given by Torres I was that the new company was going to
employ terminated Praetorian guards, in particular, Torres II security "Jefe".
Remember, owners were very pleased with the security service rendered by
Praetorian, plus these guards had almost a year's experience at
Peninsula were well trained and had proven themselves as reliable
competent professionals.
10. Even though the other Torres rejected Torres II
decision Torres II hired the new company employing the former Praetorian
guards, with Praetorian's approval and has been extremely satisfied with
the results.
11.
The other Torres now are telling
residents that Torres II is in charge of security and that Torres II is
responsible for the casita being empty. The fact is that Torres II has
no support for its security decisions from its partners; therefore,
Torres II is not in charge of anything!
12.
The bottom line is that Torres II
has the best security of all the Torres. While Torres II security staff
has first responder medical, emergency evacuation and fire training plus
an exceptional security record including catching a car thief caught in
the act and arrested the other Torres have no emergency training and
have a security record that includes homeless passed out in their lobby
overnight, burglaries and graffiti in their portion of the garage.
Torres II would like to see
the casita run professionally and not be the embarrassment it has been
and we will work towards that goal with our neighbors even though we do
not view the casita as rendering any real security benefit for us;
especially with the level of service that has been provided.
Respectfully
Rick Maslowe
Those of you who wonder about being here at
your stage of life
AARP The Five
Best Places to Retire
The following statement is my own and not part of the
board.
I regret that our statement from the Board which has
been in formulation for several weeks comes on the heels of comments by
some homeowners. It is apparent to me it is easy to offend with emails.
It is difficult to patch rifts which occur with a single
sentence. It is very hard to negotiate in the public eye and when
feelings of participants are attacked. The members of all the boards
have spent their own time, vacations , and money to somehow fix problems
which are not complex but for which strong feelings abound. Individuals
adopt positions which they feel are appropriate but differ from other's
solutions. What cannot change is that we have a basically sound
building in a place that is exquisitely unique and will remain so.
Owners of this complex may express frustration with the Human Failings
that we all possess. Ultimately the greatest force for change is the
face we present to the public and the pressure we as a group bring on
those who would not work for the common good. Although the first
reaction may be to just give up, we still have significant amounts of
our life savings , retirement and dreams invested. I refuse to leave.
I refuse to believe that a community of people such as we are will not
eventually prevail. I urge all of you to use the power of your voice to
pressure a resolution of all issues to a final and reasonable
conclusion. Every condo owner has a stake in the future of this complex.
Emails may be temporarily therapeutic. But it is more
important for each owner to talk to your tower board members. Make
your feelings known to the developer and his representatives. .
Silence implies consent to the present state of affairs. However we
should never lose respect and civility toward each other.
With respect
sara
To The Owners of Tower III
The members of the board feel it is
important to update the homeowners of Tower 3 of the current situation
of several issues confronting the complex For months the members of
Towers 1, 2, and 3 have met to resolve and jointly manage complex wide
issues on security, landscaping and the pool.
Many owners are aware of the signs in
the common area regarding the pool and the use of pool passes. Pool
passes to use the pool have been issued to Tower 2 and Tower 3 residents
but not to Tower 1 because Tower 1 is behind in payments to manage the
pool. The homeowners are paying their assessments but for unclear
reasons the monies are not being released to pay for the one third of
the pool expenses. Currently the estimate of the lag for Tower 1 is
about $50,000 pesos. Consequently Tower 2 and 3 have stopped cleaning
the pool in front of Tower 1 and parts of the reflecting pool. Meetings
with the developer have not been successful in resolving some of these
issues. The developer is now maintaining part of the shallow pool and
the pool in front of Tower 1.
Security also continues to be an item
that is not yet resolved. Towers 2 and 3 have their own security but
there is not an agreement yet on complex security.
Landscaping as mentioned has been
problematic. The Tower 2 board at the direction of their homeowners,
only landscapes land that is part of their regime. They do not authorize
payment for developer owned areas that are part of the complex. Under
agreements made in February of this year, Tower 1 is responsible for
landscaping but the grass has not been fertilized on months because
fertilizer has not been provided. One of the key issues is that given
the Tower 2 position do we continue to maintain the cost of the
developer owned lands? It has been the position of Tower 3 that these
lands while not owned by us do enhance the value of the property and the
enjoyment of the premises particularly the area along the river Pitall.
It is also likely given some of the other circumstances mentioned that
these areas would not otherwise be maintained and would be costly to
replace.
Some of the owners of Tower 1 have
voiced their dismay over the events but there has been no resolution of
the above issues.
There is yet no firm word on tower 3
titles. Despite inquiries there is no firm date for titles. General word
is that the process is moving forward but the source of delay is the
regional government.
We wish to state that many members of
the board of tower 2 have tried to help resolve these issues. We need to
be sensitive to the fact that unfortunately the complex because of
different stages of ownership has not yet formed one cohesive unit.
We the board are committed to attempt
to move forward to resolve these issues. It should be announced that for
personal reasons Sergio Eichner is leaving the board but continues to
provide valuable counsel. Eduardo Meza and Jorge Agnesi continue to
manage finances and check writing with Oswaldo. We feel Oswaldo has done
an admirable job in managing the tower and shown great initiative. We
realize the above information may leave more questions than answers. We
are confident in the long run that there will be a resolution of the
problems. It may not occur until the developer departs. We the board
extend a hand to the developer to meet with us to resolve these
difficult issues. It is to the benefit of all concerned to solve these
problems. The lack of resolution causes turmoil, and detracts from the
desirability, public perception, and innate value of the complex in the
Puerto Vallarta area and in Mexico in general
We wish to state that many people in
the three towers have spent a great deal of time to resolve issues. The
purpose of this statement is not to denigrate anyone but to inform the
Tower 3 owners on a variety of difficult issues.
We have tried to present the facts as
well as avoid rumors (which abound) and pejorative comments, which will
not resolve these issues. We have delayed issuing a statement in the
hopes of quietly resolving these problems.
As an aside, some outside glass has
broken off the balconies. We are trying to deal with this as it occurs.
The Board of Tower 3
August 31, 2010
I have published a portion of the email to all Tower 3
board members from our administrator Oswaldo . After months of
trying to work out agreements with the management of Tower 1 for payment
of $50,000 of past pool expenses we have taken the following
action. We deeply regret this action but tower 3 and tower 2
should not and cannot continue to pay for all of the pool
maintenance. We hope that the owners in Tower 1 will take an
active part in helping resolve this important but strategic issue.
Dear Tower III Board members
Following is a summary of the pool situation for
everyone to be aware.
After not receiving payment for the last couple of
months from Tower I, the pool administration decided to suspend the pool
service until payment.
Before suspending the maintenance I got together with
some board members of Tower II and the administration, we both agreed
that is seems unfair that our residents be punished for tower I’s lack
of payment and agreed the following.
1.
We are not servicing tower I’s
inner pool or Jacuzzi (since Thursday).
2.
We had some huge signs printed on 2
X 2 meter canvas that read:
Pool passes are now required for pool use,
unfortunately tower
I residents and guests will not be provided
with pool passes
until tower I administration pay their share for pool expenses. (Spanish
and english).We also decided to
hang these very visible signs in our pool isle as well as another in
tower II, the 3rd sign will be placed on tower II’s right side tower
landscaping (C,D side) for tower I residents to read as soon as they
walk out their building.
3.
We are now using pool passes and
are delivering them only to tower II and III owners which we have
registered, we have also printed out some flyers that we are delivering
to residents from tower I that are using the pool facilities.
The last point we agreed on was to send this information
out to all owners of our towers so they can be aware of Tower
I’s/Developer’s lack of payment towards this common area.
P.S. Sara could you please help us by posting this on
the website, if you think we need to re write the information to make it
clearer please send it back to me so I can e-mail it to all our
residents and share it with tower II as well.
Wish everyone a great weekend.
Oswaldo Toscano
Administration Tower III
322.221.3489 Ext. 5015
oswaldo.peninsulat3@gmail.com
<image001.jpg>
Please be cautious placing organic
material in the garbage disposal. We had a major leak in Tower
III from organic material
Español abajo
Dear Tower III owners and/or property managers
Attached you will find the Tower III new pesos
and dollars accounts, both of these accounts have references that will
allow us to identify your wires more easily. For the pesos account there
is a reference number and an alphanumeric reference for the dollars
account you will only need the alphanumeric reference.
e.g.
In the case of a PESO wire for Apartment 1A
Account
number 4687-23537 reference 120159 01AT328
In the case of a DOLLAR wire for Apartment 1A
Account number 4687- 9000769 reference 01AT384
To find the reference number for your condo see
Reference
numbers for condos in Tower III (excel spreadsheet) ,
Tower 3 reference numbers
(HTML)
I would also like to take this opportunity to remind
everyone that the due date for fees to be paid is the 10th of every
month (as of the 11 th
maintenance fees incur in a 10% late fee penalty), electricity
consumption before meter installation and reserve fund are now incurring
in a late fee penalty as they were due on December 10th of 2009 (agreed
& ratified at the annual meeting). The annual meeting minute was sent
out last week if you did not receive it please let me know.
Should you have any questions regarding this or any
matter please feel free to contact me at anytime.
English above
Estimados propietarios y o administradores de Torre III
Adjunto encontraran las nuevas cuentas de pesos y
dólares referenciadas para facilitar la identificación de sus depósitos.
Para la cuenta de pesos hay tanto una referencia numérica como
alfanumérica en el caso de la cuenta de dólares ésta solo cuenta con
referencia alfanumérica.
A continuación un ejemplo:
En el caso de una transferencia en PESOS para el depto.
1A
Numero de cuenta 4687-23537 numero de referencia 120159 01AT328
En el caso de una transferencia en DOLARES para el depto.
1A
Número de cuenta 4687- 9000769 reference 01AT384
Aprovecho esta oportunidad para recordarle que la fecha
límite de pago para cuotas mensuales es más tardar el día 10 de cada mes
(a partir del dia 11 se aplicara un 10% como penalidad por pago tardío),
las cuotas de consumo de electricidad antes de la instalación de su
medidor y fondos de reserva no cubiertos han generado intereses a partir
del día 10 de Diciembre del 2009 según los acuerdos de la asamblea. La
minuta de la Asamblea anual se envió por esta misma vía en la semana
pasada, en caso de no haberla recibido le pido de favor se ponga en
contacto conmigo para que le sea re enviada.
Cualquier duda o comentario quedo a sus órdenes.
Saludos
Oswaldo Toscano
Administration Tower III
322.221.3489 Ext. 5015
oswaldo.peninsulat3@gmail.com
Below are the minutes from the April 3 Tower 2
Civil Association. Coming soon reference numbers for paying
maintenance fees
2010
ANNUAL MEETING MINUTE.pdf
MINUTA ASAMBLEA
2010.pdf
Paul Christensen has left the board and we are
grateful for the time and service he gave. There are no
compensations other than the hope of making this a better community. We
wish him well in his new pursuits. There is a new board member and
I am working to get his picture and will add his name.
If you are coming to PV contact Maribel and
let her know you are coming. Her email address is
:maribel.peninsulat3@gmail.com. This is important for security
and for helping you when you arrive. She also runs a concierge
service .
Below is the administators power point for the meeting
2010 for Tower III
presentacion/Presentation Torre III 2010
Earthquake
info for Puerto Vallarta
I am going to try and do skype at the
meeting. Skype is a way to conference across the internet with
video and audio. I have never done this but am willing to.
Update: The Skype worked but I was limited to three participants.
I learned some things but will continue to improve this. One owner
was able to submitted concerns to the meeting. I am sure I can make this
work better with time
Download
the latest version of Skype
Parking
is
become a
somewhat
controversial
issue.
These
are
allocated
by the
developer
and the
boards
of Tower
2 and 3
have no
control
as to
where
these
are at
this
point. There
are some
ongoing
discussions
on the
parking
so stay
tuned.
Some
condos
have two
parking
spaces
as
designated
in your
contract.
|
This is
the wire transfer info for
owners tower 3 to pay their
bills. If you wire
money, be sure to follow up
with an email to Oswaldo to
verify it is credited to
your account.
Otherwise it is hard for
administration to keep track
of who has paid. As
always keep a copy of all
receipts. If there is
a question most phones can
take a picture of thee
receipt and you can then
email it to Oswaldo.
You can also fedex checks
down and then have a
tracking number and
cancelled check for a
receipt. Always put
the months you are paying
for on the check.
The new
assistant administator is
Rocio. Contact her for
any questions on accounts
reloads or other financial
questions as well as Oswaldo.
Her email address is
rocio.peninsulat3@gmail.com
Bank- Banamex
Account-
46879000653
Swift Routing-
BNMXMXMM
18 digit CLABE-
002320468790006537
Is in USD
Banco Banamex
Av.Fco.medina Asensio
No.2485
Zona Hotelera
Puerto Vallarta ,Jal.
cp. 48333
sucursal 4687
Tel.322 22 12084
322 22 11907
Fax 322 22 13169
Tower 2
specific news is further down
Tower 3 Board members and Staff
     
Edward Meza
Dan Carrico
Sergio Eichner
Jorge Agnesi
Sara Becker Guillermo
Maribel
Tower 3 Owners who have questions regarding their
accounts should contact Oswaldo Toscano
at the below email address for payment instructions and account numbers
which are also recorded in the minutes of the association
Oswaldo.peninsulat3@gmail.comoswaldo.peninsulat3@gmail.com
Major Current Goals of the Board
of Tower 3
We all are reading everything, taking notes and
assessing the whole situation as best and as fast we can.
We are trying to communicate everything through Sara so there will be
only one unified voice from the board and no mix messages, rest assure
that we are working but please be patience.
Right now we are focus on:
1.- Open the checking account, get reference numbers for each home owner
so there wont be any problems allocating the deposits to the correct
unit and try to facilitate the payment methods so it would be as easy as
possible for foreigner and locals to pay the monthly fees, electricity
and reserve funds.
2.- Understand the financial situation and get ALL delinquent home
owners to balance. Without funds there is nothing we can work with and
make improvements.
3.- Elaborate the building check list.
4.- Do the financial audit.
Regards
T3 Board 11/13/2009
Important announcement from the Tower 3 Board
To the Tower 3 home owners from the Board:
We have been hearing that few home owners made some private
agreements with the developer DCL where reserve funds, and /or
maintenance payments were not required until certain repairs
were performed on the owners condo. The general concept was that
DCL would make these payments until repairs were completed.
The position of the Board is that since these agreements were
made between the owner and the developer we cannot and will
not interfere but the monthly maintenance fee and reserve fund
must be paid by either one. Each home owner is responsible
to bring their accounts completely current no later
that December the 10th or they will not be allowed to reload
electricity funds and the unit will be subject to a 10% late fee
payment per month on the unpaid balances as stated in the
minutes of the last general assembly, (located on the Web site
and mailed to the Yahoo talk group).
We understand that this will potentially anger some owners but
please try to understand that we cannot be involved in private
issues and also that we are addressing all the common areas and
multiple issues at the same time. It is unreasonable and
polarizing to expect owners who are current to subsidize those
that are not.
We apologize for inconvenience and displeasure this position may
cause
Major Current Goals of the
Board of Tower 3
We all are reading everything, taking notes and
assessing the hole situation as best and as fast we can.
We are trying to communicate everything through Sara so there will be
only one unified voice from the board and no mix messages, rest assure
that we are working but please be patience.
Right now we are focus on:
1.- Open the checking account, get reference numbers for each home owner
so there wont be any problems allocating the deposits to the correct
unit and try to facilitate the payment methods so it would be as easy as
possible for foreigner and locals to pay the monthly fees, electricity
and reserve funds.
2.- Understand the financial situation and get ALL delinquent home
owners to balance. Without funds there is nothing we can work with and
make improvements.
3.- Elaborate the building check list.
4.- Do the financial audit.
Regards
T3 Board
here is a Yahoo talk group started by Chris
Flake mailto:leflake@gmail.com
http://groups.yahoo.com/group/peninsula_owners/
I will be posting pictures of the board members,
administration and some of the workers who make our stay enjoyable and
some background of each member
Below is the statement from Osweldo who is assisting with
administation and the Minutes of the Tower 3 General
assembly from October 30, 2009
Dear Tower III Homeowners.
Greetings from Peninsula! My name is Oswaldo Toscano and I am
pleased to introduce myself to you as the new Administrative Manager
serving your Tower! I’ve recently joined the Alarmen team and I am
thrilled and excited to be here! I come to Peninsula with 6 years
experience as a Property Manager with the bulk of my experience
being Homeowners Associations, specifically.
I truly look forward to meeting and working with each and every
one of you going forward.
Please find the Assembly minute attached,
it is very important that you be aware of the agreements reached in
this Assembly.
If you have any questions or concerns that I can help with please
don’t hesitate to contact me.
Best Regards
Oswaldo Toscano
Estimados Propietarios de Torre III
Minutes
General Assembly minutes of Tower 3
10/30/2009.pdf
MINUTA asambly 10302009.pdf
Fellow homeowners:
We had our first official assembly last Friday October the 30th and
although in the coming days we will send the official detailed minute as
well as some separate information regarding different issues we wanted
to give you a heads up on the topics that were discussed and voted
during the assembly:
1.- The Civil association is establish and everyone was all ready
included, the official name is: Condominio
Especifico Residencial Peninsula Torre III A.C
2.- We will start the process of receiving the building from the
developer, (assets, financial resources and electricity issues), after a
thorough analysis and complete satisfaction from the hole board members
we will then officially receive the building.
3.- We accepted the budget for 2010 that was presented by Alarmen and
the board will start analyzing it. No increase in monthly assessments
fees for year 2010
4.- The healthy financial situation of our tower is imperative in order
to properly operate therefore it was unanimously agreed that all
delinquent homeowners either in maintenance fee and/or reserve fund
should be up to date immediately. Further details will follow in the
coming days.
5.- The official board was elected with the following board members,
(alphabetical order): Jorge Agnesi, Sara Becker, Dan Carrico, Paul
Christensen, Sergio Eichner and Eduardo Meza.
6.- By law we need to have during the first trimester of every year the
annual association assembly therefore it is anticipated that another
assembly will be held in the spring. Detail will follow with sufficient
time for everyone to make travel arrangements.
7.- Fernando Alarcon of Alarmen was named administrator by the assembly
and will be accountable to the board members.
8.- All communications will be primarily held by e-mail therefore it is
important that everyone register their primary e-mail address with the
administration.
9.- The board members will start working on the common issues and common
areas prioritizing all the work ahead of us, at this point every
homeowner should keep taking care of all the individual issues between
them and the developer and as we move forward further services will be
include on the administration of T3.
10.- Fernando Alarcon was named the person in charge of having the
minutes notarized.
Regards and thank you for trusting us
Jorge Agnesi
Sara Becker
Dan Carrico
Paul Christensen
Sergio Eichner
Eduardo Meza
Minutes are being compiled in Spanish and English
Date: 10/22/09 15:56:58
Subject: Information for Península Tower III
Assembly
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Dear Tower III Homeowners and/or Reps.
Just a friendy reminder that the annual meeting for Tower III
Homeowners, will be held as follows:
Friday, October 30th 2009
2009 “Condominio Especfico Residencial Peninsula Torre III” Annual
Ordinary Meeting.
At 16:00 hrs. at the Business Center in Tower III
Purpose of the meeting: The primary purposes of the annual meeting
are to elect the Board of Directors for the coming year, to present
the operating budget for 2009, to review the Association’s
activities for the past year and to answer any questions or address
concerns.
A quorum of owners (in person or by proxy) is required in order to
elect the board and vote on the proposed amendments, so please make
every effort to attend or send a proxy. Owners unable to attend the
meeting should fill out and sign the attached proxy form and submit
it in one of the following ways:
- Scan and e-mail it to
oswaldo.toscano@alarmen.com.mx
- Provide it to a neighbor you know will be attending the
meeting
PENINSULA ADMINISTRATION
There will be a meeting for vote on the Civil
Association for Tower 3 on October 30, 2009
It is very important that as many owners attend as possible. Each
owner should attempt to be there but an owner , agent , or relative can
control one proxy
aside from the vote on their own condo.
From Sergio Eichner
Fernando Alarcon the owner of Alarmen the administration
company is the one doing all the paperwork along with the
attorney.
1.- Per the bylaws of the CA only home owners are able to
represent their own unit plus up to 1 more unit with the
appropriate proxy.
2.- Administrators, friends, brothers, sisters, etc... can
represent 1 unit with the appropriate proxy but no more than
one.
3.- Members of the board or committee cannot represent more
than their own unit, they cannot accept any proxy in their
favor.
Below in red the article in spanish and in english is on
page 11 article 34 but it is in PDF and cannot copy here,
(keep in mind that he english version that Dan sent earlier
it is no the final one therefore the diference in article
numbers).
--------------- ARTÍCULO
CUADRAGESIMO.- Los asociados activos podrán hacerse
representar por simple carta poder, pero cada mandatario
solamente podrá representar a un asociado. No podrán ser
mandatarios los funcionarios de la Asociación.------------------------------------------------------------------------
Finally and just FYI T2 did not need a CA because they had
the condominium regime in place since the beginning so maybe
this is the confusion.
Regards
Sergio
To: peninsula_owners@ yahoogroups
The following is the rules in Spanish and English
for the common areas courtesy Sergio Eichner
Rules for Common area in
Spanish and English
"Yesterday (9/25/2009) a
meeting took place in Guadalajara with Felipe Tomé, Miriam Orozco (DCL
attorney), José Batiz (DCL technical staff), Ricardo Sainz (A/C) and
Fernando Alarcón (Administration).
They discussed about the air conditioning issue
and they agreed: "(see below)
September
25, 2009 meeting regarding air conditioning and leaks
The following link details information regarding
the Civil Association for Tower III
Tower
III Owners Informative Regarding Developer Issues and forming a Civil
Association in Spanish and English
The translation in English (y Espanol) of the Civil Association
Bylaws for Tower III
Translation_of_By-Laws_Residencial_Peninsual_Torre_III[1].pdf
Translation_of_By-Laws_Residencial_Peninsual_Torre_III
(text file)
Estimados Propietrarios de
Torre III Espanol.htm
A new link from Lemmus regarding our development
owners might be interested in. Note many of the units in the Tower
1 (or as Lemmus calls it Tower 3)
are sold.
http://www.lemmus.com/peninsulavallarta.html
Recent Email from Fernando Alarcon (administrator)
regarding the agenda for the meeting. I have not altered any words out
of respect and for transparency
Date: 08/14/09 13:32:45
Subject: Re:
![]()
![]()
Dear Mrs Sara Becker
Hope you are fine. Here`s the answer to your doubts :
Alarmen is a company dedicated to the administration of condominiums and
residences with experience since 1987. Roberto and Cecilia were hired
by Alarmen to administrate Peninsula. The idea is that Alarmen takes
care of the administration of the 3 Towers with Roberto and Cecilia.
The salary is paid by Peninsula Tower I and Tower III.
For the 4th of september reunion i will send the invitation to all the
condominium so they can assist. This are the issues to discuss :
- List of attendance
- Situation with The electricity company (CFE) and the
situation with CFE with DCL
- Financial statements of the Tower III. The accountant
Victor Bernal will present this information that showsth incomes and
expenses for the month of July.
- Discussion of the Constitution for the Civil Association and
the authorization for this Association to run the founds.
- General issues.
If you wish to add something to this list, please feel free to do
it. If there´s any other doubt or question, do not hesitate to contact
me. Hope to hear of you soon. Greetings.
Lic. Fernando Alarcon
Menchaca
Administracion
Peninsula-Alarmen
I have asked him to clarify the numbering of the
towers , internet access for the meeting and what is the state of the
titles.
Important
Notice
There will be a meeting at a place yet to be
determined probably Tower 3 on September 4, 2009 at 3 PM to form a Civil
Association for Tower 3.
I am working with Roberto Perez to try and have
this live over the internet. I suspect it will be held in the
lobby of Tower 3 (not one as I am fond of misstating )
A Civil Association or (CA) will allow the owners
of Tower 3 to deposit their maintenance funds to its account, pay
bills , keep an accurate accounting of the monies and to do audits.
The CA will give the owners of Tower 3 control over their maintenance
and reserve funds. It will also be a legal entity to allow us to
work with Tower 2 committee and to negotiate with Philipe Tomei and the
development company DCL. A lawyer, Manuel Martinez who
is the Tower 2 lawyer is drawing up the papers . Currently the developer
pays Fernando Alarcon to administer the building. Cecily (CC) and
Roberto Perez are his employees. There has been some talk of the
developer Mr. Philipe Tomei hiring a new company from Mexico City to
run the complex.
CA 101
What is a Civil Association? A
CA is a legal entity in Mexico. It would allow the owners of Tower
3 to manage the money from maintenance fees. As of now there is no
legal way for the owners of Tower 3 to represent themselves. It
would allow us to collect fees, pay bills , perform audits past and
present of our monies and develop budgets. It would allow us to
negotiate with the developer and Tower 2. Until we form a Condo
regime (hopefully in January) there is no other way for us to
control our money. As it is now we have no input into the financial
process as we have no legal representation under Mexican law.
How is it formed? The lawyer,
for Tower 2, Manual Martinez, is drawing up the papers and will present
them on September 4. Once they are signed by the signers then we
are a recognized legal entity. The major question is who
will be the signers of the CA. Anyone who is a native Mexican or
who can furnish reliable identification under Mexican law can be a
signer. There is some legal liability to being a signer since the
CA can take out a loan on its own.
Who should be the signers of the CA? Those
of us who have put in time on this feel Fernando Alarcon, Cecily and
Roberto Perez should be the signers since this is what they are
basically doing now. Since we the owners instead of the developer
would be paying the bills , we would have more direct control of the
administration. Fernando and his employees would be working for us
instead of the developer. There are ways to ensure that check
security is in place which Sergio Eichner is more knowledgeable about
than I
Can others be signers?
Yes, but there is a small commitment of time and responsibility.
Mexican law requires definitive identification. The lawyer is hopefully
sending me the details of this. Fernando the current administrator of
Tower 2 and 3 will grant us insurance or bail (fianza in Spanish ) from
a third party to cover any misuse or fraud. It is like bonding in
the US. It will cost some money but will hopefully cover any
mistakes or errors in our startup
Can I trust the current administration when
they now work for Philipe. In the movie
Patton, George C Scott takes a general, Omar Bradley, who is working for
General Eisenhour and says to him "Now you are working for me."
The committee who has worked on this feel that this would be a good
solution. Certainly anyone else who wants to be a signer can do
so. Let me know and I will forward your name to the attorney.
Roberto worked very hard to restore services during the power outage.
What about having the lawyer Mr. Martinez be
a signer? It could be done as I understand it but
the expense could go to better administration.
Who controls the Budgets and makes new ones?
The CA will make a current budget and report to the
owners. It can also legally inventory and review past budgets and
expenditures. Most importantly we control our own money and can
get an accurate accounting from our CA. We can collect from
delinquent owners and ensure bills are paid appropriately
What about the condo regime?
the condo regime can only be formed after papers come through from local
government. With a new political administration coming to power in
January hopefully we can form a condo regime which is the best
legal entity to represent us. But , we cannot do it now and we
need to create a entity to manage Tower 3
Why form a CA when we may have a condo regime
in place soon? Anyone who had the luxury of sitting in
the dark in July knows that we need better control and accounting of our
home now. Tower 2 cannot negotiate for us or with us because our
tower has no legal representation under Mexican Law. When the
condo regime is formed the CA will report to the condo regime. It
will not take the place of the condo regime.
Is this not unnecessary duplication?
No because now we have no control over our finances or
destiny. As long we do not exists as a legal entity,
we are at the behest of the developer. Until we form a condo
regime we will have no say in our home or its finances. No one can
deal with us because we have no standing under Mexican Law. We are
just a rabble now.
Why would the developer agree to letting us
form a CA? I do not have a good answer for this.
He has notified us that he will sign the papers required under Mexican
law to allow a CA formed by us to administer the building. I
think there are some disputes as to who owes what for management of the
common areas and this may be a way to resolve this from the developers
view.
I don't understand any of this?
For those of us who are American and Canadian we have to remember we
are guests in Mexico and bound by their laws. The events have made
it clear that we need to assume responsibility for running our home
Tower 3 and to have an entity that can under law work with Tower 2 and
the developer.
What is the downside of a CA?
We may find out some things a few of us would rather not know. But
ignorance is a bliss only if you are incredibly ignorant. It will cost
some money. I am told by the lawyer and tower 2 committee that it was not
very expensive. I have heard the amount of around 2-3 thousand USD
from sources who have done this.
What if I cannot be there? We
hope to have internet connection and communication. Remember,
this is the first of many steps. We need to fix the airplane
before we can go anywhere. There will be at least one more meeting
in October or November to review and resolve the initial steps here. A
voting procedure has not been formally set up but I am in communication
with the lawyer.
What about the power?
The developer Mr. Tomei has made a substantial deposit with the electric
company to resolve this issue. Please be aware several Tower 2
committee members, several owners including one who furnished his
personal jet airplane , the directors of the electric company, and Mr.
Tomei worked together to resolve this. I am hopeful there will be
no more blackouts.
What else? At some point
, we are going to have to help Tower one develop the regimes and
knowledge which Tower 2 helped us learn. We are a very lucky community
to be where we are. At some future date we will be grateful we
resolved all this with wisdom and grace
What else have we learned?
When you have highly motivated , intelligent and successful people as
we are that we can resolve issues peaceably. There will be other
difficulties ahead. There are many issues such as air
conditioners, delinquent owners, security, dispute
resolution, and maintenance of the buildings (particularly the
reflecting pools). Personal communications, negotiation and
sometimes crisis are required to resolve issues. Anger, threats ,
loud voices , and posturing do not seem to work well in the Mexican
Culture. We need to keep the big picture of gaining financial control
and legal recognition to resolve other issues
Be aware
that this information is dynamic. As it is reviewed by others I
will revise it to correct any errors or misconceptions. This Q&A
is my best summary at the time of writing that I can devise. In
the interest of fostering understanding and participation as quickly as
possible, some of this information may be changed to reflect more
accuracy. Any errors are mine
If there is a mistake let me know and I
will correct it. My thanks to Dewey Desler and the tower 2
committee, Mike Kennedy , and particularly Sergio Eichner.
Sara Becker
Tower 2 Committee Notes
I have permission from the tower 2 committee
specifically Dewey Desler , secretary of the tower 2 committee and Rod
Hoffman, communications chair of tower 2 to make the following
documents available to the Peninsular Condo owners. I urge all
owners to read these and to commit to staying informed. Until we have
our titles in tower 3, we can best learn and benefit by the efforts of
the tower 2 committee
MINUTES
OF THE FIRST MEETING OF THE BOARD OF TOWER TWO PENINSULA CONDOS
May 2009
Newsletter Board Tower 2
Possible 2009 Peninsula Board of Directors Goals Tower Two
Summary of Accomplishments and Challenges Tower Two Committee
Security
Notice
Because of
concerns over security I have removed email addresses and names from the
website. See notice from US State Department dated February 20,
2009
In the space where names were listed I have placed
links to the State Department and associated links. Not only do we
need to look out for each other, we need to look out for ourselves.
Please see the area on lower area regarding security. Please see
the warning by the state department. Consider picking up taxis in
the garage by the security area and returning to the same instead of
picking up taxis in front or by Starbucks.
I have included the informational bulletin from
Roberto Perez re phone numbers, security, and rules. There
is a statement about taxes
although my understanding is that if you don't own the title you dont
have to pay the taxes. A recent clarification from Roberto is that
the comment in the bulletin on taxes pertains only to Tower 2.
Tower 3 is not even registered with the property tax people ( from
individuals that tried to pay taxes in Tower 3)
Informational
Bulletin From Peninsula Management dated Jan 2009
Committe
notes
Michael Kennedy has jointed the committee and
held a meeting of available owners to discuss forming a Civil
Association which is an entity that will allow the Tower 3 owners to
more closely govern controll the finances of the condo. See
discussions in the Committee association notes and emails
committee Emails and Stewart
title search. There are also the documents submitted by
the developer (in Spanish ) regarding a civil association the condo
regime , regulations governing the owners and what is allowed such as
pets. There is also a proposal for an inspection of the building
"the meeting 2/20/2009) took place yesterday from 6:30 to 10
pm, from the homeowners side there was Jack, Janice and myself from the
committee and Doris Fox and Mike Kennedy that asked to be present and
from the developer and administration side there was Alejandro Baez,
Alberto Lemmus, Fernando Alarcon, Roberto and Cecilia the accountant
and attorney which I do not remember their names. (Fernando will prepare
the minute in english, I asked him to do it as soon as possible)."
From Sergio Eichner email committee member 2/21/2008 (additional
in committee notes)
Developers notes
from meeting 2 20 2009
A meeting took place of the Tower committe with Sergio Eichner,
Jack and Janice Acurizan, and the developer and his representatives on
February 20 from 6:30 PM to 10:00 PM. Much of the
information is in Spanish and a summary is going to be provided by
Sergio. We at Tower three owe a debt of gratitude to these
individuals. I have added the information to the committee notes.
I have also added a notes from Pete Smith who has provided a
Spanish copy of a lawsuit involving Peninsula. See Below.
Hopefully translation to follow
LAWSUIT PDF.pdf
The
committee particularly Sergio Eichner and Pete Smith have
assembled some information regarding the project from the developer and
the administrator. I am pleased that a lot of issues have been
discussed and formal written agreements are supposed to be forthcoming.
To summarize the developer has accepted responsibility for fixing the
toilets, air conditioning and physical plant.
The developer and administrator have agreed to
furnish in writing budgets on accounts, rules for the building and other
issues. They have agreed to be responsible for taxes until we have
formal titles.
Stewart title in their response to me regarding the
title search have encountered no issues that will prevent us from
getting our titles. They have stated that until the condo regime is
established the developer is responsible for the taxes. However,
all taxes must be paid for titling to occur.
Marineus is no longer part of the development
There is a lot if information in the emails and I
have provide a link to them in the best chronological order I can
provide. Any errors are mine. I am deeply grateful for all
the time that the committee has put in and the good faith effort of the
developer and the administrator.
committee Emails and Stewart
title search response.htm
There is a Yahoo talk group started by Chris Flake
mailto:leflake@gmail.com
http://groups.yahoo.com/group/peninsula_owners/
Old news from 12/31/2008
There was a meeting of Tower II owners on December 29.
It was well attended with establishment of an improved email contact
list. Mr. Alberto Lemus (Lemmus Realty) and Cecilia of
administration and Marineus attending. There were assurances by
Mr. Lemus that the air conditioning and toilets will be fixed. He
also did not see any inhibitions to eventually the deeds to the
individual condos awarded. Mr. Lemus stated that it does take time
in Mexico to assemble all the documents and submit them to the
proper authorities. No express date for closing was given.
Six individuals were selected by the group to
act as a conduit for information and to facilitate passage of questions.
No legal responsibility was designated at the meeting. The hope is
with improved lines of communication that there will be less frustration
for the tower III condo owners.
I wish to thank Roberto Perez and Cecily
of Administration, Mr. Alberto Lemus for all their help and
courtesy which I was
very grateful for. Any typing errors or misspellings are my
fault alone.
The committee members who have agreed to
coordinate with the developer Filepe and Aberto Lemus are:
Peter Smith 10D III
petesmith@mcdowellrice.com
Jorge Agnes 3B
jorgeagnesi@prodigy.net.mx (note-address correction)
Sergio Eichner 19A
sergioeichner@hotmail.com Sara Becker 17B
sara@sarabecker.com
and Jack and Janice Arizcuren 8A
janice arizcuren
Sergio had a meeting with a representative
Alejandro Baez the legal representative for the developer and has some additional information he will pass on shortly
My current understanding from him is that we are not responsible for
taxes if we do not have a deeded property. More to come
Other concerns can be posted on
the PV PEN Owners
Discussion area
 
If there are new owners please contact me at my email
sara@sarabecker.com
PV PEN Owners
Discussion area
If there are any concerns, contact me at my email sara@sarabecker.com
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Visit Puerto Vallarta Downloadable Images
Visit Puerto
Vallarta Mexico
Furniture Colchorama
Furniture
Mueblesplaza.com
All About Puerto
Vallarta Mexico, Tourist Guide
Puerto Vallarta, Mexico
Puerto Vallarta, Mexico
hotel tours weather map vacation hotels reservations restaurants
travel real estate rentals
http://www.peninsulavallarta.com/
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Weather
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Because of security concerns
I have removed the names from this list. Chris
Flake has a secure yahoo talk area with email addresses
State Department : Mexico
Mexico Crime Wave Has Tourists On Edge - CBS News
CDNN :: Alcohol Blamed for Rapes, Violence Against
Tourists in Cancun, Acapulco
February 20, 2009
US State Department
This Travel Alert updates
security information for U.S.
citizens traveling and living in
Mexico. It supersedes the Travel
Alert for Mexico dated October 15,
2008, and expires on August 20,
2009.
While millions of U.S. citizens
safely visit Mexico each year
(including thousands who cross the
land border every day for study,
tourism or business), violence in
the country has increased recently.
It is imperative that travelers
understand the risks of travel to
Mexico, how best to avoid dangerous
situations, and whom to contact if
one becomes a crime victim.
Common-sense precautions such as
visiting only legitimate business
and tourist areas during daylight
hours, and avoiding areas where
prostitution and drug dealing might
occur, can help ensure that travel
to Mexico is safe and enjoyable.
Crime and Violence Throughout
Mexico
The greatest increase in violence
has occurred near the U.S. border.
However, U.S. citizens traveling
throughout Mexico should exercise
caution in unfamiliar areas and be
aware of their surroundings at all
times. Mexican and foreign
bystanders have been injured or
killed in violent attacks in cities
across the country, demonstrating
the heightened risk of violence in
public places. In recent years,
dozens of U.S. citizens have been
kidnapped across Mexico. Many of
these cases remain unresolved. U.S.
citizens who believe they are being
targeted for kidnapping or other
crimes should notify Mexican
officials and the nearest American
consulate or the Embassy as soon as
possible, and should consider
returning to the United States.
U.S. citizens should make every
attempt to travel on main roads
during daylight hours, particularly
the toll ("cuota") roads, which
generally are more secure.
Occasionally, the U.S. Embassy and
consulates advise their employees as
well as private U.S. citizens to
avoid certain areas, abstain from
driving on certain roads because of
dangerous conditions or criminal
activity, or recommend driving
during daylight hours only. When
warranted, U.S. government employees
are restricted from traveling to or
within parts of Mexico without prior
approval from their supervisors.
When this happens, the Embassy or
the affected consulate will alert
the local U.S. citizen Warden
network and post the information on
their respective websites,
indicating the nature of the concern
and the expected time period for
which the restriction will remain in
place. U.S. citizen visitors are
encouraged to stay in the well-known
tourist areas of the cities.
Travelers should leave their
itinerary with a friend or family
member not traveling with them,
avoid traveling alone, and should
check with their cellular provider
prior to departure to confirm that
their cell phone is capable of
roaming on GSM or 3G international
networks. Do not display
expensive-looking jewelry, large
amounts of money, or other valuable
items.
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List of useful Peninsula, Lemmus, and other valuable contacts
Alberto Lemus, developer
albertolemus@lemmus.com
developer for Penninsula Condos
Marineus Lopez, 322 145 6038 developer
representative and person handling acceptances of condos to
owners She has left the peninsula development
Here replacement is Carmen Solarzano
csolorzano@citicapital.com.mx
Roberto Perez, Maintenance and fees,
roberto.perez@alarmen.com.mx
Alma Aldrete, rental agent Local PV # 293-6072 Cell PV#
044 322 779-5477
US #206-259-9533 Speaks fluent english, She does
long and short term rentals
Antonio Gonzales Arroniz appliances, water systems , furniture
and installation,
antoniomueble@yahoo.com.mx id 62*269514*4 nextel 322
145.39.48
Patricia Gonzales
patriciaonestop@yahoo.com.mx 62*269514*3 nextel
145.39.49 property management
Lilliana Casa Ortiz, Vallarta Condos Property Management
Mexico 322 177 05 33 US 305-677-0978
peninsulatowers@gmail.com
Rolando Palomares Pena, property management,
rolando@exoticrealty.com
Marina Vallarta, Las Plamas I , Local 2, PV cell 011 521 322 135
8886
tel y fax (01152) 322 221 2377
Adriana Riesta, Design Culture by Espacios.
adriana@designculture.com.mx , interior design
011 52 (322)20921 59/61/62/70/71
Bruce Garipay, Electronics concierge, sound and TV systems
bgaripay@electronicscondierge,com cel 044 322 779 9363 us
602 373 1112
Salid Finatone, Carpenter 322 125 7639
cabinetry and bookshelves per Janice Arizcuren
Alfreido Meina, electrician 322 156 8044
Alonso Herrera, Locksmith
alonso_cia@hotmail.com
tel 01 (322) 225 0421 cell 044 322 294 2342
Kevin Crisp, Business Development Manager, Stewart Title
Puerto Vallarta
kcrisp@stewartpv.com
www.stewartlat.com
US line (1) 713-271-5453 Mexico line Toll free 01 800
702 9559 office
(01) 322 209 1483
Gustavo Calderon,
gus.calderon@gmail.com Real estate lawyer in Playa Del
Carmen. Av. Constituyentes, esq 10a Av., Playa Del Karma,
Playa del Carmen, Quintana Roo 77710
Mexico
Playa del Carmen +52 1 984 807 80 12 Mex city +52 55 52 73
18 03
(excellent)
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PENINSULA VALLARTA CONDOMINIUMS (slideshow)
Peninsulavallarta.com/
(developers proposal) |
Communities & Forums
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Copyright Sara Becker , MD all rights reserved |
PV PEN Owners Discussion area |
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