Las Palmas :: Forum

Re: hot water tanks [by joe noriega]

Mon, 30 Nov 2009 15:28:02 -0000

Questions about Las Palmas:: hot water tanks
costco carries them online and there is a tax credit for it as well.

Re: Patio Sets [by Natalie Bohnet]

Tue, 03 Nov 2009 18:15:08 -0000

Questions about Las Palmas:: Patio Sets
I saw a new place on Rodeo Drive/Cholla Mall.

Re: Condominium Laws [by Graham Robins]

Tue, 08 Sep 2009 23:10:16 -0000

Condominium Regime - Sonora, Mexico:: Condominium Laws

Dan,

Thank you for replying to the last of several comments I have made concerning Las Palmas CC&R's, fees, voting and compliance with State of Sonora Condominium Law. Also noted are substantial HOA cost savings required by lower than projected income.

However I must restate facts as follows:

1. No owner meeting, board or administrator may change, by amendment or fiat, the regulations of State of Sonora Condominium HOA's that are contrary to the law.

2. No section, article, paragraph or sub-paragraph within Las Palmas regulations (CC&R's) provide for a fee change schedule that is in compliance with the law.

3. The above statement applies to weighted voting by owners.

4. No management can, regardless of the dispute, permit the organization to become entangled in an ever expanding roil created by lack of understanding. Graham has stated several regulations impinging upon the last and upcoming fee change vote. All of his statements that I have read have been on point, courteous and factual.

5. Neither Graham nor I would enact or even propose all of the chapters, articles and sections of the State of Sonora Condominium Law, however, every HOA within the State must, I repeat must comply.

I and other are ready and willing to assist in resolving the flawed documents that lead to unnecessary discord within the Las Palmas owners. Just as ignorance of the law is no excuse failure to become compliant after the fact is unacceptable.

Read the law!

Jack Wiley

Re: Email to the Board and Leadership Group - Mexican Condominium Regime Regulations [by Graham Robins]

Tue, 08 Sep 2009 23:08:29 -0000

Mexican Condominium Regime Regulations -Email to the board and Leadership group:: Email to the Board and Leadership Group - Mexican Condominium Regime Regulations
Dan,

Thank you for replying to the last of several comments I have made concerning Las Palmas CC&R's, fees, voting and compliance with State of Sonora Condominium Law. Also noted are substantial HOA cost savings required by lower than projected income.

However I must restate facts as follows:

1. No owner meeting, board or administrator may change, by amendment or fiat, the regulations of State of Sonora Condominium HOA's that are contrary to the law.

2. No section, article, paragraph or sub-paragraph within Las Palmas regulations (CC&R's) provide for a fee change schedule that is in compliance with the law.

3. The above statement applies to weighted voting by owners.

4. No management can, regardless of the dispute, permit the organization to become entangled in an ever expanding roil created by lack of understanding. Graham has stated several regulations impinging upon the last and upcoming fee change vote. All of his statements that I have read have been on point, courteous and factual.

5. Neither Graham nor I would enact or even propose all of the chapters, articles and sections of the State of Sonora Condominium Law, however, every HOA within the State must, I repeat must comply.

I and other are ready and willing to assist in resolving the flawed documents that lead to unnecessary discord within the Las Palmas owners. Just as ignorance of the law is no excuse failure to become compliant after the fact is unacceptable.

Read the law!

Jack Wiley

Re: outstanding hoa fees [by RHONDA VANCE]

Tue, 08 Sep 2009 00:24:19 -0000

Official Las Palmas HOA site:: outstanding hoa fees

I expressed concern 2 years ago about the declining appearance of the resort. Now what I'm hearing is that there is no money and so the resort is really sliding in terms of appearance and rental clientele. Is this speculation or reality? Can anyone confirm this? And, are there MANY homeowners who have not paid their HOA fees? How bad is the financial situation? I would be interested in knowing.

Thanks.

Re: CC&R's - Assessments - Uniform Rate [by Graham Robins]

Mon, 24 Aug 2009 05:58:49 -0000

CC&R's - Assessments - Uniform Rate:: CC&R's - Assessments - Uniform Rate

Email to the HOA August 23, 2009

As you are aware the CC&R’s http://www.laspalmashoa.com/f/CCR_Las_Palmas.pdf">http://www.laspalmashoa.com/f/CCR_Las_Palmas.pdf (pages 33 & 34 paragraphs 6.6.1 and 6.6.2 state the assessments shall be “….at a uniform rate per membership…”

If there is any doubt about the meaning of "Uniform" in these documents, it is explained here - Page 33 - Paragraph 6.3http://www.laspalmashoa.com/f/CCR_Las_Palmas.pdf">http://www.laspalmashoa.com/f/CCR_Las_Palmas.pdf "...shall be the amount obtained by dividing the total budget of the Association...by the number of units....”

At the January 31, 2009 AGM there was a ballot issued and a vote held to change from charging the Uniform rate per unit to charging a Variable rate per unit.

There are several issues with the process:

1) The voting procedure was flawed – there were more ballots issued than there were eligible voters.

2) The ballot was wrong – it should have been to change the CC&R’s from charging the Uniform Rate to charge a Variable rate.

3) The project documents filed in Mexico are not at all in compliance with the Mexican Condominium Regime regulations. http://www.laspalmasowners.com/modules/newbb/viewtopic.php?topic_id=261&forum=41">http://www.laspalmasowners.com/modules/newbb/viewtopic.php?topic_id=261&forum=41 which I believe contain the solution as there is provision for charging a variable rate.

I believe you have to immediately, before the next quarter fees are due, do two things:

1) Have everyone pay as per the CC&R’s – The Uniform Rate

2) Immediately start the process to properly file the documents necessary to Comply with the Mexican Condominium Regime regulations.

I don’t now that we have a choice in this - it is the Mexican Law.

There are at least 2 advantages to filing the correct Project Documents:

a) It gets the Las Palmas Project Documents in compliance with Mexican Law

b) It gets us the Variable Assessment Rate

Thank you

Graham H. Robins

Re: Condominium Regime - Sonora, Mexico [by Graham Robins]

Mon, 24 Aug 2009 05:38:34 -0000

Condominium Regime - Sonora, Mexico:: Condominium Regime - Sonora, Mexico
I do not know this to be a fact but we have been told, that of the units in Puerto Penasco only one complex has their documents filed 100% according to Mexican Law: 1) Apparently the Las Palomas has documents on file that are 100% in accordance with Mexican Law2) Most of the other units have theirs partially correct.3) Only 3 have totally wrong documents on file and we at Las Palmas are one of the 3. I don’t think we have a choice in this, I believe we must file according to the Mexican regulations. On top of us then being in compliance, the regulations also provide for a Variable Rate for the assessments. It is this paragraph that indicates there is a variable rate. “…5) The nominal value assigned to each apartment, living quarters, house, premises or area, and its percentage over the total value, also nominal, of the areas of the condominium….” It is our understanding: 1) The “nominal value” is not established solely on square footage.2) Each and every unit would be surveyed and appraised.3) Each and every unit would be assigned a nominal value and a percentage, using a calculation based on the value of the complex as a whole, would be assigned.4) This percentage would then be used: a) to determine the variable rate of dues b) to determine the vote value5) Each unit would be responsible for all of its utilities, including Water. The above is our understanding. There is an English version of the complete regulations available and I have not read it. Thank youGraham H. Robins

Re: CC&R's - Amendments - Effective Date [by Graham Robins]

Sat, 22 Aug 2009 20:38:53 -0000

CC&R's - Amendments - Effective Date:: CC&R's - Amendments - Effective Date

http://www.laspalmashoa.com/f/CCR_Las_Palmas.pdf

Page 42 - Paragraph 9.3.5

GHR

Re: CC&R's - Amendments - Voting [by Graham Robins]

Sat, 22 Aug 2009 20:36:55 -0000

CC&R's - Amendments - Voting:: CC&R's - Amendments - Voting

http://www.laspalmashoa.com/f/CCR_Las_Palmas.pdf

Page 41 - Paragraph 9.3.1

GHR

Patio Door Questions [by Debi and Tom Johnson]

Sat, 11 Jul 2009 01:47:08 -0000

Questions about Las Palmas:: Patio Door Questions
Just a note that if you need any info, contact Francisco for advise.. he knows just about anything you would need to know or he will find out the answer for you.