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September News Bulletin

Developer files paper to fire
Colonos chairman, manager

Lengthy communication attacks performance;
Early public responses do not support firings

By Staff
Puerto Aventuras developer and Arq. Roman Rivera Torres has petitioned the Colonos board to convene an Assembly to consider firing Colonos board Chairman Jorge Kaufer and General Manager Armando Rincon for alleged negligence of duty on multiple fronts.

Rivera said in his petition that he was “obligated” as Colonos Vigilance Committee (VC) president to initiate the request. The two other VC panel members, Timothy Howard, longtime owner here, semi-retired CFO and author in the USA, and Carlos Suarez, resident and administrator of multiple local condo complexes, did not co-sign the petition.

In that case, the request may be a non-starter if, as Colonos rules and logic appear to dictate, at least two signatures are required for a VC communication to move forward.  Note Article 34 (unedited) governing activities of the Vigilance Committee:

ARTICLE 34.- The communications from the Vigilance Committee must be signed by its President and any by one other member at least. In case of prolonged absence of the President, the signature of any two of the Committee members will suffice.

“I was not a signatory to this letter, nor did I know it was coming,” Howard said when contacted last weekend during a stay in London. Howard said Suarez also called him after receiving the letter to assess his position. “I told him, no, I did not agree with Roman’s request because I didn’t think that was the right way for us to resolve the impasse between Roman and Jorge.”

The long-simmering standoff between community leaders Rivera and Kaufer peaked last February when Rivera sought, to no avail, to have the Colonos deny main-gate entry to clients of several commercial boating entities that were and are in a fee disagreement with the marina in which Rivera has financial interest.

Subsequently, Rivera informed the board he would, as owner of the gate property, retake control of the gate operations and Kaufer responded by withholding about $200,000 USD of the public’s money that had been appropriated for gate improvements that were scheduled to be completed by now.

Kaufer stated in an earlier letter distributed to residents and published in total in the Pelican Free Press on August 17 that he and some other board members believe the fee dispute between the marina and several of its commercial boating tenants is a business matter between them that should not involve Colonos intervention.

Suarez told the Pelican several days after Rivera’s letter was disseminated that he received many calls from property owners in support of Kaufer and Rincon. The consensus, he said, is that nobody should resign and that Rivera and Kaufer need to reconcile their differences and resume working as they have in the past on behalf of all the people.

“One common opinion from the callers is that the community needs and wants administrative balance,” Suarez added. “We have to have balance. Do property owners just give money (over $1 million USD Colonos budget annually) with no say on how it is spent?”

There have been some earlier muted calls for Rivera to step down by critics who see his dual role as PA development Trustee and VC president as a conflict of interest. But Suarez notes the community has greatly improved despite occasional disagreements under the balanced leadership of Rivera, Kaufer, the Colonos board and Rincon. The board is planning to meet to discuss the petition.

Rivera explains his case for seeking the resignations of Kaufer and Rincon in the following, unedited communication:

“ASSOCIATION OF SETTLERS, OWNERS  AND TRUSTEES OF PUERTO AVENTURAS A.C. SR. JORGE KAUFER, PRESIDENT ARMANDO RINCÓN, ADMINISTRATOR

Based on Fractions II and III of Article 33 of the Bylaws of the Association of Settlers, Owners and Trustees of Puerto Aventuras, A.C. (the “Association”), and derived from the events that have occurred during the last two years under the coordination of The Board of Directors, and in view of the impossibility on the part of the Supervisory Committee to avoid the unilateral actions of the President over the Committee and against the interests of the “Association”, I am obligated, as the Supervisory Committee Representative, to request the resignation of Mr. Jorge Kaufer and Mr. Armando Rincón to their respective positions as President of the Board of Directors and Administrator of the Association, for which, and in accordance with the provisions of Fraction II of the aforementioned Article 33 of the Bylaws of the “Association”, I hereby formally request that they call to convene the corresponding Assembly of Associates, in order to present, discuss and, if appropriate, to approve the requested motion.

 

The foregoing, based on the following background and considerations of fact and law:

  1. – BACKGROUND:

Puerto Aventuras was conceived as a private and safe Residential-Touristic Development controlled by the Developer and its own Community. Under this scheme, the Developer celebrated an agreement with the Municipal and State Authorities not to municipalize, committing in areas of surveillance, operation, maintenance and security. This decision was based on the fact that the Municipality, due to the growth of Playa del Carmen, could not meet the needs of Puerto Aventuras.

The Developer promoted the figure of a Settlers Association to be in charge of controlling and operating the Development, working hand in hand with the Developer. Under this formula, the figure of the Developer would be that of the person in charge of carrying out the construction and infrastructure works of Puerto Aventuras, while the “Association” (in substitution of the Municipality) would be in charge of controlling, maintaining and operating the Development. The only person responsible before the authorities is the Developer, who granted the “Association” certain powers to operate aspects of common interest of its residents, subject to compliance with the Association’s own Bylaws and regulations, and for the surveillance of its associates.

For the accomplishment of the functions of the “Association”, its associates provide it with a budget superior to 18 million pesos annually (not including extraordinary installments). For a correct evaluation of its performance it is important to be clear that the “Association” is not responsible and is not in charge of the basic services of Puerto Aventuras such as the Drinking Water Supply, Drainage and Wastewater Treatment, Electric Power, Telephony, Fiber Optics and others. The “Association” does not take care either of replacing our beaches, remodeling our Marina Center or our façade towards the federal highway, and is neither in charge of Governmental, Union, or Village Leadership Relations.

Having clarified that these activities are not part or responsibility of the “Association”, we will be able to analyze its performance in the priority functions assigned to it and in which it has not only shown poor performance in its compliance, but also has acted against the fundamental objectives of Puerto Aventuras and the interests of its Community.

  1. – STATEMENT OF FACTS RELATING TO THE PERFORMANCE OF THE CURRENT BOARD OF DIRECTORS AND ADMINISTRATOR OF THE ASSOCIATION
  2. Security and Control of Puerto Aventuras:

As it is indicated in the Bylaws and regulations of the “Association”, it is a priority responsibility of the “Association” to properly manage the security of Puerto Aventuras as well as the control of its access. Despite the aforementioned responsibility, its current Board of Directors and Administration have violated Development Security and propitiated impunity for irregular commercial operators within the Development.

Understanding Security is a priority issue for Puerto Aventuras; the “Association” was assigned with the obligation and was granted sufficient powers to manage it properly. Consequently, the associates contribute for Security purposes only with a budget of more than $7 million pesos, as well as assets in land and buildings (Access Gate) for the successful achievement of this objective; however the result presented by the current Board of Directors and the Administrator is unacceptable. Indeed, in theory the Security System should be fully operational and efficient, but contrary to that it turns out highly inefficient and vulnerable due to lack of attention and rigor of normativity observation by the Board of Directors. There are no preventive strategies, its performance is limited to submit written reports and charts describing what happened yesterday, without giving solutions to avoid repetition of infractions or illicit acts, propitiating impunity that now extends with even more frequency. All this to the detriment of the Development and welfare of the Community.

In addition, the obligation assigned to the “Association” to take charge of the Security of Puerto Aventuras included (based on the fact it would have the management of the personnel in charge of monitoring and controlling) three basic areas defined as:

  1. a) Access Control to the Development, avoiding passage of unauthorized persons to assure security within the development in accordance with the provisions of Article 18 of the General Regulation of the “Association”.

Our Beaches and Coves continue to be public with free access to people from outside the Development who access them crossing through private property. The proper management of this topic is of vital importance under Mexican law and the lack of public accesses to the beach, as an inadequate management, can lead us to incur in irreversible cases like that of Akumal

Currently, workers with work identification access without any control accompanied by relatives and friends, with liberty and outside of defined time schedules, areas and labor dates. Those workers who have been disqualified for excessive use of alcohol, noise and misbehavior, continue to access and remain in the facilities outside permitted times. Access to vehicles that provide unauthorized or even undesired services is also permitted. In none of these cases are misused access cards or identifications canceled.

  1. b) Compliance with the Bylaws and the General Regulation (Coexistence) of the Association:

The promotion and enforcement of the Bylaws and regulations of the “Association” as guiding and applicable instruments within Puerto Aventuras, is the obligation and authority of the “Association” through its Board of Directors and the security company contracted for it; however, compliance with this obligation and authority has been ignored by the Board of Directors, allowing infractions regarding operating hours, noise levels, vehicle traffic, parking lots, etc. Known example is “HooHaa”, business that does not pay fees to the “Association”, creates expenses to it and despite innumerable letters addressed to the “Association”, there has been no action whatsoever to stop the operation or to cancel badges of access to workers and managers.

  1. c) Compliance with the Construction Regulations:

Compliance with the Construction Regulations is an obligation of the “Association”, as it is the one who should control through the security company and on the basis of which it could deny access to workers in infringing works. The Board of Directors has ignored this obligation, and today there are innumerable cases of constructions that contravene land uses, densities and construction restrictions in general.

  1. Defense of the concept and operation of Puerto Aventuras as “Private Development”:

The actions of the current President of the “Association” jeopardize the continuity of Puerto Aventuras as private development.

Ensuring the concept of “Private Development” begins with the proper management of the access to Puerto Aventuras in order to achieve the goal consistent on that the infrastructure of basic services and recreation are for the enjoyment and benefit of its owners, residents and authorized visitors. The policy established unilaterally by the current President of the Board of Directors, that “any person who presents himself at our door with identification, will have access to Puerto Aventuras”, contravenes our objectives and priorities, violating our security, affecting the Associates patrimony, favoring alien offenders to the detriment of the benefit of the Community.

Specific case, that of a company alien to the Development that without authorization performs activities for its own benefit, using without permission from or making payments of infrastructure use to, both the Development and an affected Associate, who refuses to stop operation or abandon Development. The Board of Directors denies support to its affected Associate and far from intervening as established policies mandate, suggests that Associate resort to superior authorities outside Puerto Aventuras.

Faced with this position of the Board of Directors, the Associate, affected in his interests, not being able to rely on the security personnel he pays, is forced to resort to other authorities to take care of his interests, and dissociates himself from the Association with the consequent cancellation of the payment of quotas.

Thus, the actions of the Board of Directors and specifically the President’s, do not meet the objectives of the Development as a private entity, they fault the obligations of the “Association” by forcing the Associates to resort to external authorities making them care for themselves, although they pay the internal security. Far from acting in support of its Associates, it evades responsibilities and favors third-party offenders, encouraging the separation of Associates who set up security gates and fences, hire independent security companies from the Development and ultimately creating power wars within the multiples authorities.

In addition, the President, in a unilateral decision, refused to receive Phase 4 to integrate it into the Master Plan. This despite the Developer’s offer to cover any shortfall that might exist between the collection of fees and the operating cost. The refusal forced the Developer to disassociate Phase 4 from the Master Plan by hiring an autonomous private security and consequently disconnecting from the Association.

On another note, having been a petition of the Community to expand the Access Gate, the Developer agreed to deliver on “loan” land of his property, and provided budget to the project. The topic was approved by the General Assembly and the President, under a unilateral decision, canceled it subject to a new confirmation by the same Assembly that had authorized it.

Likewise, a modification to the Master Plan was approved in the Assembly by changing the use of the second 9 holes of the Golf Course (in the process of being executed) by a green area called “Central Park” including recreation concepts proposed by the Community, amongst them a Bike Trail, Pedestrian Walkway, Pet Park, Outdoor Gymnasium and other options of general use for the population. However, following the policy established by the President of free access to the Development and considering that there is a population of 18,000 inhabitants on the other side of the highway, the Developer temporarily suspended the project until control is reestablished according to the private objectives of the Development.

In view of the above, it is clear that the President of the Board of Directors does not have the experience or the capacity to understand the benefits of an integral and private development for a community united under the leadership of the “Association” in his charge, so the fact to sustain the President in his position implies running the risk of disintegrating the community of Puerto Aventuras with the damages that this entails.

  1. Authority, Faculties, Rights and Obligations of the Board of Directors of the Supervisory Committee and the Board of Directors of the Association

The maximum authority for any decision and action related to Puerto Aventuras before the governmental authorities is the Developer as responsible for the Development. The Developer has granted the Community, through the “Association”, broad faculties for the management of Puerto Aventuras subject to a joint action with the Developer, considering the purposes of the “Association” and the fulfillment of its Bylaws and regulations.

The Community, through its “Association”, empowers a board of directors to carry out the daily operation of the Development based on the guidelines approved at the Assemblies of Associates.

The Board of Directors is composed of a President, a Secretary, a Treasurer, Members and Committee Coordinators for cultural, sports and other activities.This Board of Directors hires an Administrator of the “Association” and the administrative and technical personnel necessary to fulfill its purpose.

In addition, a Supervisory Committee is in charge of supervising the management of the Board of Directors. This Committee has lost its effectiveness through the arbitrary management of the President, who takes decisions contrary to the objectives of the Development and to the detriment of its community, as detailed below:

III. – STATUTORY AND REGULATORY VIOLATIONS IN WHICH THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE ADMINISTRATOR OF THE ASSOCIATION HAVE INCURRED:

  1. a) Improper access control to the Development by allowing unauthorized persons to enter, which constitutes a violation of Article 18 of the General Regulations of the Association;
  2. b) Lack of representation and defense of the Associates before the federal, state and municipal authorities, as well as before all kinds of private institutions, individuals or corporations, in all matters related to their properties and rights within the Puerto Aventuras Residential-Touristic Development. The foregoing, in contravention of one of the purposes that constitute the object of the “Association”, foreseen in subsection “d)” of Article 6 of the Statutes;
  3. c) Lack of Intervention to promote good relations between all the inhabitants of Puerto Aventuras and for these to be observed with honesty, good faith and compliance with the Bylaws and Regulations of the “Association”. The foregoing, in contravention of another of the purposes that constitute the object of the “Association”, foreseen in subsection “e)” of Article 6 of the Statutes;
  4. d) Lack of monitoring of the Development’s urbanization, in a way that is in accordance with the Master Plan, with the Construction Regulation of the Development, authorized land uses and prioritary interests of the majority of the settlers, which is a violation of another purpose that constitutes the object of the “Association”, foreseen in subsection “c)” of Article 6 of the Statutes.

For the sake of clarity of the above, the statutory and regulatory precepts are transcribed in quotation, namely:

BYLAWS OF THE ASSOCIATION

CHAPTER IV OF THE OBJECT OF THE ASSOCIATION

“ARTICLE 6. – The purpose of the Association is to group the Settlers, Owners, Trustees and Promissory Trustees of properties located in the Puerto Aventuras Touristic Development, without distinction of race, nationality or religion, for the following purposes”:

  1. Attend, procure and, where appropriate, provide to its associates, directly or indirectly, any kind of advice concerning the property of the Associate within the Development, as well as to provide, where appropriate, services for the improvement of said Touristic Development, including, if possible the general and public services provided by the Government of the State of Quintana Roo and the Municipality of Cozumel or the Developer; b) Promote the improvement of facilities, equipment and works through which these public services are provided; c) To supervise the urbanization of the Development, in such a way that it is in agreement with the Master Plan, with the Regulation of Construction of the own Development and authorized land uses and of prioritary interests of the majority of the settlers; d) To represent the Associates, both individually and collectively, before the federal, state or municipal authorities, as well as before all kinds of private institutions, individuals or corporations, in all that is related to their property or rights within the Touristic Development of Puerto Aventuras; e) To strive by all means within its reach, to foster good relations among all the inhabitants of Puerto Aventuras and so that in them honesty and good faith can be observed; f) Encourage the development of associates’ ideas, initiatives, studies and projects, to implement those that are considered to be beneficial to the associates, the Development and the general population; g) Disseminate and develop among their associates and their families all kinds of social, cultural, educational, sports, artistic and humanitarian activities … “

GENERAL REGULATIONS OF THE ASSOCIATION

CHAPTER III

OF DEVELOPMENT SECURITY

“ARTICLE 18. – Entrance to the Development is restricted to people who are not settlers or property owners, or do not have the corresponding authorization. All entry-to-exit workers within the Development must wear bracelets (in the case of construction employees) and badges in case of employees of houses, condominiums, commercial areas or the marina. ”

In view of the foregoing, it is conclusive without a doubt that the Board of Directors of the Association has incurred in breach of its obligations and in the undue or omitted exercise of its faculties. Likewise, it has conducted itself unilaterally above the determinations of the Supervisory Committee and against the interests of the “Association” in matters of primary interest to the Community of Puerto Aventuras, so in my capacity as Chairman of the Supervisory Committee of the “Association”, I am obligated to issue, for all legal purposes, the present request for the convening of an assembly of associates of the “Association”, in order to analyze, discuss and, where appropriate, approve the removal of Mr. Jorge Kaufer and Mr. Armando Rincón from their respective positions as President of the Board of Directors and Administrator of the Association.

Without further comments, receive my respectful greetings and I remain at your disposal for any comment or clarifications.

Sincerely,

SUPERVISORY COMMITTEE OF THE ASSOCIATION OF SETTLERS, OWNERS AND TRUSTEES OF PUERTO AVENTURAS A.C.

_____________________________ ARQ. ROMÁN RIVERA TORRES PRESIDENT

 

PRODUCTION DEADLINES: The Pelican Free Press encourages and welcomes public announcements of events and activities. The deadline for publication during our weekly high-season schedule is 10 a.m. on Mondays and by the 25th of each month during the summer schedule May-October. Thank you. Disclaimer: The Pelican Free Press is not responsible for content and/or claims made on sponsor web sites, logos or social media links.

The end – Previous edition below

 

September, 2017

Neighbors complain; developer
asks youth sailing club to vacate 

Literally setting sail… (Pelican File Photo)

Search is on for new quarters

By Staff
The youth sailing club that has nurtured many medal-winning sailors for five years and brought international regattas and recognition here has been asked to vacate its base in Phase 4 following complaints by neighbors. The club is now looking for new quarters while hopefully extending its stay, said club director Daniele Gracis.

Puerto Aventuras developer and PA Trustee Roman Rivera Torres said he initially allowed the club to use the spit of land and boat ramp between a canal and conservation area in Phase 4 despite the concerns of  neighbors.

“I was able to argue and defend the initiative as being such a beautiful idea for the kids,” he said, “until Daniele (Gracis) rented out part of it and publicized the commercial activity. Now I can no longer support the idea.”

He said that neighbors, and rightly so, had complained that they had purchased lots in Phase 4 because the area was sold as a “green area free of activities. Their argument is correct,” Rivera Torres said. “Now they are withholding payment on their fees” until the property used by the club  is returned to its natural, unoccupied state.”

He said he has suggested other locations and has offered to help in the move from the Phase 4  location because “it is now necessary” for the club to vacate.

Colonos adopts new logo
to symbolize its domain 

By Staff
The Puerto Aventuras Homeowners Association (HOA), popularly known as the “Colonos”, has unveiled a new logo that will begin appearing on its communications.

The fresh design, emblazoned with the word “Colonos,” is meant to symbolize the HOA as a legal entity of homeowners distinct from the Fideicomiso, which is the Trust founded by the developer and founder of  Puerto Aventuras.

The new design  features a dominant house and palm tree but also retains the lighthouse and sailboat design of the Fideicomiso to signify shared hopes and responsibilities.

Both entities participate in the administration of the community on different levels and in various categories. Both have, in general, worked in harmony for the benefit of the whole community. This is represented in the new logo with the Fideicomiso’s familiar lighthouse and sailing ship design adjacent to the HOA’s house and palm tree,  their proximity to one another  signalling blissful harmony.

Where the votes are

There are currently 5,800 fee-paying Colonos members and the same number of votes certified for the the annual Assembly, according to Colonos administrtion. The Fideicomiso and Colonos each hold a considerable number of votes.

While every condo owner can register annually to cast a vote at the Assembly, few actually are involved enough to attend the meeting, or have not arrived prior to the Assembly or signed a proxy. In their case, the condo administrator is empowered by law to vote for them. Hotel management’s voting strength is based on the number of bedrooms or “keys” at a given hotel. All of the above represent 836 payment units. This year’s Colonos operating budget is $1,007,258 USD.

A special assessment of just over $200,000 was also approved by some 50 people (out of 5,800 voters) attending last December’s meeting , an amount that was to be used to improve the main gate structure that is owned by the Fideicomiso.

Those funds have been frozen while the Colonos and the Fideicomiso find themselves in the throes of a contentious dialog concerning the future administrative and operational control of the gate and its funding. That issue is expected to be debated at the coming December Assembly being held to adopt the 2018 budget and other matters. (See “The Mail Bag” below)

Iconic 5th Avenue getting
4-story gambling casino

Hoteliers call it a detriment to area

Compiled  by Staff – A gambling casino is planning to open in December on Playa del Carmen’s touristy 5th Avenue to the chagrin of the Riviera Maya Hotel Association.

The proposed casino will occupy the site of the former Tequila Barrel restaurant between 10 and 12 Streets that has been in the process of demolition since July.

Andrea Lotito, vice president of the hotel association, said a casino is incompatible with the destination’s offerings of Maya history, handicrafts, culinary diversity, beaches and hosting centers.

Conversely, Ricardo del Valle Prieto, secretary general of the Association of Bars and Clubs, sees the casino as “good news” for the destination, noting that it will add diversity to the area’s offerings, engender a positive economic impact, albeit without citing details, and encourage more similar investments in the locale.

The casino will operate under the name of Tequila Barrel Bar and Casino in a proposed 4-story building near the maritime terminal.

A brief Facebook posting announcing the move from pub to pub-casino said the casino will offer live tables on four floors including slots, video poker, black jack, roulette and craps. Employees corroborated the announcement and were quoted as saying they don’t know if they will continue to have jobs there.

As of this posting, there has been an absence of comment from local authorities concerning possible social implications and impact on the local business scene.

Commerce Corner…

LET THERE BE LIGHT – Unique Furniture,co-owned by Ron Hughes of Puerto Aventuras, is shining new lighting designs in its showroom on Playa del Carmen Boulevard. Click on th Unique Furniture logo in the sponsor column and get the full lowdown on what’s new in lighting and furniture.

 

The Mail Bag  – on the gate issue

Make Peace, Not War

Dear Editor:
The Colonos and Fidicomiso need to sit down and resolve the real issue behind the main gate standoff concerning, and that is the financial disagreement between the  marina and commercial  boat operators.

Holding the front gate improvement and central park projects hostage and using them as bargaining chips s not professional and not in the best interest of Puerto Aventuras as a whole.

PA only exists based on its investor/residents and tourist income. Without these two factors, Puerto Aventuras would cease to exist as is. Plans or decisions that negatively affect residents, property owners and tourism need to be thought out very carefully and in a professional manner.

I am a new property owner here and reading these two letters (in the last edition) basically airing political disagreements in a public forum is disheartening. I would strongly urge both parties to get together and come to an agreement in a private setting. That is in the best interest of the community.

Once an agreement is achieved, then post a positive plan of resolution for everyone to read. This plan must move PA forward in a positive manner.

The current stand-off is not productive and no one wins. If officials can’t deliver,  then perhaps PA should look to new leadership. I hope that the next time I see an update on this issue, it is that a solution has been reached. This issue should be resolved. Get to work and make a positive change for all involved.

Signed/ Kevin Pollock

Buyers having second thoughts

Dear Editor:
My husband and are in the process of buying a condo there in PA.  After reading this (letter about the gate issue), I’m not so sure we are making the right decision.  Is security an issue?  Are we safe in buying a property that is gated but have security that is not doing their jobs?

Any feedback from residents would be much appreciated.  We are just getting started and have time to back out, although we may lose our Earnest Money.  We want to make sure this is the place we plan on retiring to. Thank you.

Signed/Mary Papageorge

(Ed. Note: Residents can contact the writer at mary.papageorge1@gmail.com )

Parks are for play, not punishment

Dear Editor:
I have lived in Puerto Aventuras since May 6, 1997. Within the first three months, I was told by the developer we would have the second nine holes of the golf course the following year. I don’t care about golf, but then he did tell us again recently that the money was there for the golf course —- but they will not use it for the park?

I do not understand why work has been halted on the park until the end of April 2018, punishing the community because of an apparent verbal feud between the Fideicomiso and Colonos.

Secondly, why name our park after one of the most famous and beautiful parks in the world? (New York’s Central Park). Can’t we come up with a Mexican (Spanish) or Mayan name that would be more fitting? After all, we do not live in Port Adventure.

Finally, I do not understand the reference to: “He is also aware that across the highway there is a poblado with a population of 18,000 people with no park.”  Thank you

Signed/ Sally Wood Evans

There is also a third issue

Dear Editor:
There is a third view related to the issues about the entrance gate and that is the fees being requested by the Marina and the legality of all these actions that re being taken. Extreme views are respected, but a legal approach must be found. It relates to the rights of all settlers  who bought properties, the right of the Marina to administer the facility and to charge users, and the right of those like us who paid a premium price to have a waterfront property with private docking.

These issues will also affect the rights of those promoting and selling the new canal properties that wre developed to sell at a premium price to have one’s own boat at one’s house or condominium.

A special panel should be established by the Colonos to handle such issues as previously stated. Real estate and marine law experienced legal counsel should be involved in such reviews and negotiations.

Signed/ Joaquin A. Sosa

Will discourage potential buyers

Dear Editor:
I will go out of my way to discourage any potential buyer from buying in Puerto based on the heavy handed way the Fideicomiso group is treating all parties involved.

Signed/Joseph Madrigano

 

Area gang killings climb to 38
in 2017, a few in tourist zone

Compiled by Staff:
August arrived in Solidarity just like July this year with a murder and an attempted murder attributed by police to cartel/gang violence. A man believed to be a drug dealer in a beach area bar was shot dead in the Villa Maya neighborhood in Playa del carmen. His murder brought the municipality’s gang-related death toll to 33 for this year.

On the same day, there was an attempted execution of a woman in the ejido colony near an alleged brothel. She was shot twice and hospitalized. On August 4, a man sitting outside a skate board store on 10th Avenue in the tourist section was shot in the arm by a stranger walking by who then ran off.

The municipality’s 34th execution of 2017 occurred on August 12 on Luis Donaldo Colosio Avenue in Playa’s north end where a victim of the cartel war for control of the area was found shot in the head next to a typically threatening note left on a strip of cardboard by the killers.

Another evident gang-war victim shot in the head was discovered on August 16 under a bridge leading into the theme park Xcaret on The 307 north of Puerto Aventuras and Paamul. It brought to 35 the number of homicide victims in 2017 linked to cartel/gangs operating in Solidaridad.

The drug-related execution toll edged up again to 36 for the year on August 19 when a victim of these intramural assassinations – a 25-year-old tour and retail vendor on 5th Avenue – was shot dead with a bullet in the head on Playa del Carmen Boulevard southwest of the city near the Pitayo ranch off 307.

The sicarios (assassins) were not yet sated. It didn’t take long for the toll to reach 37 when, on August 20, a man was shot dead in a Centro zone bar on 45th Avenue between Calle 2 and Benito Juarez Avenue. On the same day, there were two other failed executions in other parts of the city.

Then on the afternoon of August 29th, a man purportedly employed selling lots in Puerto Aventuras and enjoying some ceviche at the Bucaneros restaurant on Constituyents Ave. in Playa’s ejidal zone was shot twice in the head by a brazen sicario (hitman) in front of witnesses. The sicario quickly escaped in a white car driven by an accomplice. This brought the year’s total of gang-related executions to 38, or about five such murders a month, a growing number of them occurring in the restaurants and streets of the tourist zone in a battle to control the turf. None of the other diners, men, women and children, were injured.

31 tourist resorts, bars
raided after US complaint

In reaction to U.S. warnings to travelers about tainted alcohol being served in Mexico tourist areas, the Mexican government launched an investigation that has culminated in the seizure of 10,000 gallons of contaminated alcoholic beverages and closing of two bars, one on the Riviera Maya and one in Cancun.

The lobby bar at the Iberostar Paraiso Maya Hotel on the Riviera Maya, where a U.S. woman drowned in the pool after consuming allegedly bad alcohol, was temporarily closed while investigations continued. Also closed was The Fat Tuesday bar in Cancun.

They are among the 31 nightclubs and resorts that were raided in response to the woman’s drowning and the U.S. allegation that impure alcohol may have been complicit in her death.

Barroom brawl in the poblado
leaves one man stabbed to death

One man was pronounced dead in the aftermath of a 3:45 a.m. fight in a Puerto Aventuras poblado bar on August 28, and another person seriously injured by a knife-wielding assailant.

Police and witnesses said a man and woman were imbibing at the bar, which is charged with operating after hours, when the woman’s former partner arrived and started a scuffle with her, injuring her with a knife. Her partner joined in the fray and was subsequently stabbed and collapsed as he attempted  to leave the scene to get help.

The assailant tried to escape on a motorcycle but was detained by neighbors of the bar until police and Red Cross personnel arrived. Neighbors said they have been complaining about after-hour fights at the bar for a long time but the municipality has failed to take action on their appeals.

The Offbeat…
What is an ‘iZzzsleep’?
 A room without room

By Staff
There’s a pioneering Japanese “hotel” called “iZzzleep” coming to the Cancun Airport. It makes the cozy, unique Gaia container hotel in Tulum look and feel like a 5-star Hilton.

A Mexican group has invested in an iZzzleep at the Mexico City Airport and is reportedly planning one in Cancun and a few other airport locations.

However, the single-occupancy “rooms” may not do for the claustrophobic crowd or folks who need to sit, stand and stretch.

The accommodation, called a pod or capsule, conjures up images of stackable washer/dryers, rows of dog crates or, perhaps, the ghoulish roll-out drawers at the local morgue.

But a convenient overnight sleep right there in the airport near the food court costs just $37 USD per night, or $8 an hour in the daytime (minimum two hours) plus 130 pesos for a shower at the nearby sanitarios. In addition to the bed, there is free WiFi, TV, a safe and USB port.

The option is a snug fit for lanky Texans and NBA players at a meagre 6’ 7” long, x 3’3” wide and 4’1” high. Sleep tight.

Check out recycling days for September

Trivial Pursuits coming up at 4 p.m. Sundays, September 3  and 17 at Latitude 20 Restaurant with proceeds going to the poblado Community Center. Owner Jim Stubbs welcomes new players to join in the fun…

September dates of note: – In Mexico: Independence Day and Cry of Dolores Day, commemorate the 1810 war for independence led by Father Miguel Hidalgo y Costilla, Sept. 15; Heroic Boys’ Day, celebrates the Battle of Chapultepec in 1847, Sept. 13; End of Independence War in 1821, Sept. 27; Birthday of Father Jose Maria Morelos y Pavon, one of Mexico’s founding fathers, in 1765, Sept. 30:  In the U.S.  – Labor Day, Sept. 4; Patriot’s Day, Sept. 11; POW and MIA Recognition Day, Sept. 15; Rosh Hashanah, Sept. 20; Gold Star Mothers’ Day, Sept. 24; Yom Kippur, Sept. 29: In Canada: Eid-al-Adha, Muslim holiday, Sept. 2; Labor Day, Sept. 4; Rosh Hashana, Sept. 20; Muharram, (Islamic New Year) and September equinox, Sept. 22; Yom Kippur, Sept. 30. Enjoy.

The Roundup…

Meet the heat – Riviera Maya experienced temperatures last month that it hasn’t seen in a decade according to government meteorologists. The warmest night of the year occurred in early August with 29 degrees Celsius (84.2 F). Day temps reached 36C (96F) but felt like 49 (120F) with the humidity. Meanwhile, four cases of heat stroke were reported in the state and residents alerted to take precautions…

With three months left to the Atlantic Hurricane Season, another storm has formed off Africa and could become a hurricane next week with a possible direction toward the Caribbean.

Meanwhile, weather reading equipment is being installed in Puerto Aventuras and Playa del Carmen under privately-financed auspices to promote real-time local weather readings for the local marine services industry.

The police filter just north of Puerto Aventuras on The 307 does more to filter out crime than one might think. It nabbed two gunmen with a suitcase full of cash last week. The men could not explain where they had gotten so much cash and gun, so were remanded to prosecutors…

The USA issued a far-reaching, state by state travel warning in mid-August. Here is what the warning said about Quintana Roo, including Cancun, Tulum, Cozumel, Riviera Maya and Playa de Carmen: “U.S. citizens should be aware that according to Government of Mexico statistics, the state of Quintana Roo experienced an increase in homicide rates compared to 2016. While most of these homicides appeared to be targeted criminal organization assassinations, turf battles between criminal groups have resulted in violent crime in areas frequented by U.S. citizens. Shooting incidents, in which innocent bystanders have been injured or killed, have occurred.”  So far, the warning has not deterred US tourists from njoying a respite here…

Taxing Airbnb – The state of Q. Roo is the second in Mexico to tax the Airbnb plaform, acceding to small hotels who complained the rental of private rooms without taxing them nurt small hotels that do pay per capita taxes. The state expects to yield 1 million pesos ($57,000USD) a month in receipts…

Mototaxi problems continued to plague the Puerto Aventuras poblado. Five unions with government permission complain of nearly two dozen illefgal mototaxis operating there. Union drivers want government officials and union leaders to perfect their control before more violence breaks out…

A female hotel worker from the Hard Rock Hotel was seriously injured when she was struck by a van while trying to cross Highway 307 near Paamul on August 2. The van driver, trying to avoid her, mounted the median and flipped over, injuring the family of five, including three children,  police said.  Several ambulance EMTs including the Red Cross responded to stabilize the injured and bring them to hospitals…

The first round of NAFTA talks between Mexico, Canada and the US has come and gone without much of a bang compared to the campaign threats  by the US president-elect last summer. Negotiators departed with a refrain of “We’ll meet again” and not wanting anybody to get hurt…

A rare accident occurred on the southbound lane of The 307 on August 12 when an electrified wire broke and fell on the road near the Liverpool store as a 58-yeard-old motorcyclist was driving by and struck the wire…but not long enough to be electrocuted. The rider suffered cuts and bruises when falling as the cycle became entangled in the wire…

Sixteen people were injured, two seriously, in an Aug. 4 van and truck accident near Delphinus on Highway 307, the result of speeding, according to authorities. Several people in the van were trapped when their legs were wedged between seats. Several Samaritans helped unscrew the seats from the floor so the injured could be removed and taken to hospitals……

It was ‘lights out’  for several waterfront homes in Akumal recently. The bright lights disoriented turtles coming ashore to spawn, said environmental authorities conducting night monitoring of the nesting turtle population. Inspectors checked 368 nests that were in excellent condition…

Plane ticket tax on incoming international flights is being proposed and analyzed by the Cancun Hotel Association to help deal with security and beach area conservation in Quintana Roo. If approved, the state would be the first to implement this idea suggested by the National Business Tourism Council…

What’s in a name? – A movement on Change.org seeks to replace the municipal name of “Solidaridad” to “Playa del Carmen” because, say promoters of the idea, most residents identify with “Playenses” than “Solidarenses.” Municipal residents so inclined can sign a petition supporting the change on Change.org…

A diver from Russia died in a Lu’m Balam eco-park cenote near Puerto Aventuras on August 5. Park employees and municipal rescuers were unable to recover the body for several days because the diver had entered a restricted channel that was too difficult for rescuers to navigate safely. The victim was an Xcaret employee. The park is located on The 307 between Xpu-Ha and Kantenha…

Mexico is resisting a U.S. Push to add taxes on online purchase, from Amazon, for example, and sold duty-free in Mexico without charging a U.S. sales tax. The issue is a potential flashpoint at the next round of  NAFTA negotiations…

 

The Rules We Live By… Or Not!…

Penalties for dereliction of duty

(Page 6 of 22)

ARTICLE 12.– The associates, by the very fact of so being, ere bound by the dispositions contained in the present By-Laws and the decisions stemming from the General Assembly of Associates, from the President or from the Board.

ARTICLE 13.- Any associate who consistently defaults in the fulfillment of his/her obligations in the terms of the Code, the Deed of Incorporation of the Association, the Articles of Incorporation or its Bylaws, or in case of failure to observe the terms of the resolutions issued by either the President or the Board of Directors, in addition to the responsibility incurred for any damages caused to the other members or to the Association itself, shell be liable to a lawsuit demanding the sale of his/her properties, even through public auction, and to be expelled from the Association. The exercise of this action shall be resolved by the General Assembly of Associates by a minimum of sixty five (65%) percent of the total value represented by the associates’ votes.

ARTICLE 14.– Any associate, expelled from the Association, shall automatically forfeit all and every rights that might correspond him/her over the Association’s patrimony.

CHAPTER VI

OF THE ASSOCIATION’S PATRIMONY

ARTICLE 15.– Tho Associations Patrimony shall be formed with the following income:

  1. With the ordinary and extraordinary assessments;
  2. With the contributions it receives from persons or outside the Association;
  • With the proceeds from events and fund-raisers organized for that purpose; and
  1. The contributions it receives from public or private entities, the Federal, State or Municipal governments.

The Association’s patrimony shall be recorded in the inventory and in the accounting books kept under the care of the Treasurer.

ARTICLE 16.-The Assembly of Associates may freely set and modify the amount of the ordinary assessments necessary to cover all services and activities it undertakes, as wall as to set the amount of the extraordinary assessments to cover the cost of other specific services. (To be continued)

PRODUCTION DEADLINES: The Pelican Free Press encourages and welcomes public announcements of events and activities. The deadline for publication during our weekly high-season schedule is 10 a.m. on Mondays and by the 25th of each month during the summer schedule May-October. Thank you. Disclaimer: The Pelican Free Press is not responsible for content and/or claims made on sponsor

The end – Previous edition below

Pelican Free Press Newsletter

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