Puerta del Mar HOA
KM55 - Baja California Norte
Puerta Del Mar
General Meeting
Minutes
November 19, 2011
The Puerta del Mar Homeowner's Meeting was held on November 19, 2011 at the Puerta
del Mar Clubhouse.
The meeting was called to order at 10:45AM after general welcome
to owners.
Treasurer's Financial Report:
Jose Rodriguez reviewed our balance sheet
and profit and loss statement. Jose indicated that we are still recording negative
income each month based on current expenditures and lack of owners paying their HOA
dues. Jose answered questions posed by owners.
Security Update:
The board indicated
that no decision has been made in terms of security cameras for the development as
yet. We are still evaluating proposals. The final solution might be the complete
proposal or a sub-set which would only include cameras to the most critical areas.
We also discussed the security concerns of the low perimeter walls. Since the length
of the walls are almost 4/5 of a mile, the cost of raising these walls are cost prohibitive.
The other options to protect entrance over the walls is to use Razor wire (which
is already being used in some areas of the perimeter walls) or to use broken glass. After
discussion with the owners, the majority felt the use of broken colored glass is
a better solution in terms of cost, appearance and the fact that the Razor wire quickly
rusts and deteriorates with the salt air.
We also discussed and presented a list of
security guidelines that was issued to our security company. This covers all the
expectations we have in terms of security coverage, reporting, and procedures to
be followed by the guards.Some owners questioned why some of the guards are being
changed. The security company explained that guards might be changed because of
performance issues, or that they are trying to find the best personnel for our development. For
example finding a guard that is more fluent in English. Also the security company
uses Puerta del Mar as a reward to guards that perform well. Guards would rather
work at a "resort" type environment rather than in a high risk assignment. This
ensures we are get the best motivated guards for our development.
Legal Update:
The
board briefly touched on the fact that Bank Trusts are still not being processed
for owners at Puerta del Mar due to the lawsuit from First Baja against Grupo Lagza.
Antonio Diaz, the principal of First Baja who was previoiusly the General Director
for Grupo Lagza is suing them for unpaid compensation when he worked at Grupo Lagza.
Hopefully these two companies can come to some settlement so the embargo can be removed
and owners can proceed with their Trusts.
The other lawsuit affects those owners with
donated lots. Title to these donated lots were transferred back to Constructora
Brisas (a division of Grupo Lagza). However Constructora Brisas failed a Hacienda
(IRS) tax audit. Hacienda has placed a lien on these properties until they settle
they tax obligations.
Lic. Gavino, our attorney was present at the meeting to discuss
the progress on a number of activities he is representing the Association on. The
two most important activities are Voluntary Jurisdication and HOA Dues Collections.
Voluntary Jurisdication involves filing our Association By-Laws and Rules and Regulations
with the court system and various government agencies to ensure that these agencies
are obligated to abide by our CC&R's. We also explained that the attorney is working
on 4 cases for HOA dues collections. Lic Gavino was given two delinquent American
owners and two delinquent Mexican owners to pursue HOA dues collections and legal
proceedings if necessary. The owners present asked why only four accounts and we
explained that this was to perfect the process and procedures. Once the test accounts
have been worked on, we will be looking to provide other accounts for legal collection.
We explained that the attorney will receive a 20% commission of the amount collected
if the case does not go to court and a 30% commission if the case goes to a judge
in the court system. We also explained we will be seeking reimbursement of these
legal fees as part of the collection process.
Lic. Gavino answered a variety of questions
about these activities and discussed the progress to date.
Possible Restrictions for
Delinquent Owners:
The board presented a list of possible restrictions that the HOA
will be imposing on delinquent owners. Lic. Gavino fielded a number of questions
on the legality of some of the restrictions, but felt that all were within line of
actions that can be taken by the HOA. The owners present agreed that such possible
actions were needed and necessary to get delinquent owners to pay their HOA dues.
We also indicated that these restrictions have been reviewed with the security company
and they will be supporting us on such actions. The board indicated that we would
be sending out this list of restrictions in the next general mailing and we would
also be sending out to all owners by email.
Infrastructure Updates:
We discussed the
fact that Telnor is unable to provide additional phone lines and internet access
due to the fact their equipment is at maximum capacity. The board indicated that
we have approved a project for Telnor to replace and upgrade their equipment early
next year. This will alleviate this problem. It is the hope of Telnor to also provide
internet TV for the development. It is our belief that the equipment they will be
replacing will be based on fiber optic cabling which will dramatically improve the
speed of internet access. We will continue to keep owners abreast of this project.
We
discussed the improvements made to beach access in Phase 2 which is almost completed. We
indicated that we have also be working on protecting the walls in Phase 1 with wire
mess and that work is still in progress. It was requested that the board also look
at installing railings for the beach access in Phase 1.
The board tabled the discussion
of the engineering study completed for the repair of the Arroyo in Phase 1 since
Ernesto Quintanar from our Architectural committee was not present and lead the work
for the study. However we indicated that it is something we are needing to start
on in anticipation of the upcoming rains, and the need to prevent further erosion
of the Arroyo by the waste treatment plant.
Open Question and Answer Period:
The board
then fielded general questions from the audience
The meeting was adjourned at 1:10PM
Respectfully
Submitted
Your HOA Board
| May 2011 |
| November 2011 |
| January 2012 |