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Monthly Archives: December 2010

ISSUES: New year opens public access inquiry

Homeowner blocks alleged public way; Colonos to investigate

Posted 12/31/10 by Pelican Paulie,

The question of whether a property owner can block a well-used public way that is legally inscribed upon the original plan for Puerto Aventuras should get an airing early this year. The Colonos management says it will pursue an answer to the question raised by the Pelican.

The issue involves a designated public way from a roadway, Bahia Xaac, that begins at the Catalonia resort and runs through the dual development of Punta Esmeralda that houses Condos Torre Esmeralda and Condos Turquesa. The public way then crosses a golf course fairway to a path cut alongside a house and empty lot that ends at Caleta Yalku. This well-used path considerably shortens the trek from the hotel zone to the commercial center, dolphin pools and the main gate for other property owners and workers.

Sometime last summer, when most gringo owners of homes and condos in that neck of town were away, the path was blocked by a thin wire fence garnished with a pile of brush to blend in with the surroundings of the empty lot as though a path never existed there.

Armando Rincon, Colonos general manager, responding to a rumor that Security had placed the barricade there for some unknown reason, denied that claim. He said it was his understanding that the homeowner had purchased from the fideicomiso the adjacent empty lot between which the path courses in order, as owner of both lots, to erect the barricade. Asked if it was legal for a single property owner to block other property owners and workers from using a traditional and legally inscribed public way, Rincon replied he would look into it after the holiday season. The Pelican will hover over future developments and continue diving into this sea of confusion to digest facts and legal opinions that come to the surface. Meanwhile, people are still crossing the golf course closer to the green, which is more damaging to the golf course fairway and presumably illegal since that area is no trespass zone according to the plan.

Rincon also pointed out that the construction of the condos in Punta Esmeralda at the end of the same public way has obfuscated the public way by placing a treed

island where the public way should be. The island separates the two condo buildings. However, a roadway that can be used as a public way is directly adjacent to the island on the Turquesaside of the development, leading directly to the a convergence with the public way across the golf course. Stay tuned.

Deadbeat Turquesa: One condo’s trash another’s aggravation

The deadbeat Turquesa condo development mentioned above is so far behind its payment of Colonos fees that the Colonos has implemented the only leverage it has to force a payment…denying rubbish collection to the development. However, that move has only spread the Colonos’ headache to the adjacent Condo Torre Esmeralda, which last year received its “regime” status and is now paid up and on time with Colonos fees and being overseen by its own elected vigilance committee.

For a while, tenants and/or owners of some of the Turquesa units began piling up rubbish on the ground by the arched gateway, since the Colonos had stopped collecting the trash daily. The piled garbage remained uncollected for some time and began to issue forth a scent that could never be mistaken for lavender. It threatened the health and well being of not only Turquesa occupants who were piling up the stuff but also tenants of Torre Esmeralda and neighboring homes on Bahia Xaac.

Complaints began to issue forth from the Esmeralda vigilance committee and the pile of accumulated rubbish feeding assorted birds and critters was finally collected by a stake-body truck and hauled away. Case closed? Not hardly. Left without alternatives, Esmeralda owners began seeing some Turquesa occupants with the ubiquitous cellphone to their ear casually strolling over to the Torre Esmeralda barrels as though they were their own, and plopping their big bags of refuse into them, filling them up and at times  leaving Esmeralda owners without sufficient room to dispose of their own day’s deposits.

GM Rincon was apprised of these developments but, understandably, made a case that the Colonos has no other legal alternative to force developers of Turquesa to meet their responsibilities to the larger community. In addition, several recent Turquesa owners have informed the Pelican that all the tile in their units has lifted from the floor and had to be redone at the developer’s timeframe and not theirs, ruining their vacation. Meanwhile, the Turquesa developers have evidently halted plans for construction of another phase since too many units in the completed phases have not yet sold, judging from the empty windows. What if any action to stop the dumping , legal or otherwise, will be taken by the Colonos, the Esmeralda vigilance committee or by the entire neighborhood for that matter, is not known.

However, as the high season rolls around and increased trash capacity for Esmeralda owners is required, officials could face increasing criticism in Paradise Lost.

Get artsy: Pay your condo and Colonos fees with new bill

Posted by Juanito

The Bank of Mexico continues to re-design its cash. The 500 peso bill has been tweaked and now features famous Mexican artist Diego Rivera on the face and his also talented wife, Frida Kahlo, whose self=portraits used elements of fantasy and native art, on the back. Examples of their works are featured on the bill as well. The bill previously featured Ignacio Zaragoza, hero of the Battle of Puebla. It is a beautiful bill and will spend just as easily as the previous version…but for all its glory does not herald a higher exchange rate for expats, snowbirds and tourists. Heed the advice of the sages of ages and don’t spend it all in one place.

Posted by Pelican Paulie

ACCIDENT MARS NEW YEAR – We had a hearty local breakfast with friends on New Year Day then headed out in two cars for Tulum. As we passed Akumal, we heard a horrible screeching noise of brakes being slammed on as  my wife, sitting in the back seat, screamed an anguished cry as a woman on a bicycle was struck by a Colectivo van in the middle of Route 377 on the other side of the divided highway.  Debris from the bicycle flew into the air and the woman – it was so quick – landed face down on the dividing island, unmoving. Cars on that side of the highway, and the colectivo, stopped to render aid but it took about 10-15 minutes before we heard sirens and saw ambulances heading toward the scene from Tulum. If anyone has information as to the fate of the woman and any injured in the colectivo, the Pelican Press would appreciate being informed via the comments section. The incident is another reminder to use extreme caution when crossing Route 377, particularly those people from the PA resort who are crossing the highway to shop at Chedraui. A sidewalk to the supermarket will soon be available and residents are urged to use it rather than chance a highway crossing. A word to the wise is sufficient.

ISSUES: New FM3 process explained

How to renew MexicoFM3-FM2 visa using INM website

Posted 12/29/10 by Juanito

Good News!  There have been major changes for the next time you renew your Mexico FM2 or FM3 Visa.  The revised procedure begins by completing an On-Line Application… eliminates the need for bank statements… and is said to put the new credit card size Visa in your hands within just a few weeks. Here’s how it works:

LOG ON TO www.inm.gob.mx
CLICK “Tramites Migratorios Informacion” located at the the upper right side of the Home Page

CLICK on second item down…  “ESTANCIA”… (Which means “stay” in English….to live in Mexico)
A new screen will come up showing the Application Form for which you will “fill in the blanks”
FIRST BOX (selection)   Extender la estancia

SECOND BOX   CLICK    Prorroga  de no inmigrante

Then,, proceed to fill in the blanks with your information

There is a box on the form that says  CURP. Leave it blank (unless you are one of the few who actually does have a CURP number)
When you complete the form, save it  (guardar).  Wait a few seconds and then you will see all your information, plus a file number. This indicates that you have now been recorded into the INM Computer System and have a File Number.
1.  Print that page and bring it with you to Immigration.

2.  Also, bring your current FM3 (FM2) and Passport with you. (Extra copies of certain pages will also be required… see step #4)

3.  You may be asked to provide a simple letter, with your signature, that briefly explains why you are requesting the visa. I assume this to be the same letter I use every year.

4.  Ask the man stationed in the little office, located out in front of Immigration, to help prepare your documents for presentation and to take whatever photos will be required. (He knows exactly what to do and charges a miniscule fee for the service)
5.  Copies of bank statements are no longer required when applying for the Mexico FM2 or FM3 Visa, which totally eliminates what had been a major hassle in the past.
You are now ready to visit the Immigration Office and present your application, but you must be within 30 days of your renewal date to do so. They will verify the correctness of your application materials and tell you when to return for the second visit. At this second meeting there will be an additional form requesting personal information about height, weight, birth date, etc.; plus a “bank prepayment verification” form.  They will also give you an appointment date for when you should return with this information. At this point… you are almost done!

When you return to Immigration with the Bank Verification Form (payment receipt) and the completed Personal Information Form that they gave you… your new FM3 Visa should be available either later that day, or the next day.  The new style FM2 and FM3 Visa is a card (credit card size)… not a booklet as we’ve had in the past. The entire procedure has been greatly simplified and you don’t need an attorney to prepare your documents.  It’s that easy!

FEE PAID TO BANK = 1294 Pesos

There are additional considerations required if you are requesting a “work permit”, represent a business or corporation, are affiliated with a religious association, or will be using a third-party agent to process your application. But, for the vast majority of us, the above procedure is all that’s required.  This is based upon information obtained during a visit to the Immigration Office in Playa del Carmen.  Good Luck!

Pelican Free Press Newsletter

For emergency phone numbers, church services, “resident” and “gate” card forms and processes; rules for golf carts and motorcycles, pets, construction by-laws, recycling schedule and other pertinent community information and services, please click on the Puerto Aventuras Colonos icon below. Thank you

PA Colonos Information


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