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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.

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