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Decembee 15, 2017: Merry Christmas

Assembly 2017 footnotes:

Colonos dealt a full house…

PACKED WITH PURPOSE was the Colonos general assembly last Saturday in the ample Dreams Hotel Auditorium that sat 225 residents, four times more than the average attendance.  Several resounding votes ushered the community into what is hoped will be an improved and united way of sustaining a society by agreement. (Staff Photo)

Board seeks end to standoff
with developer on gate control

By Staff:
Reconciliation attempts surfaced in the aftermath of the 2017 annual Colonos assembly last Saturday as board Chairman Jorge Kaufer said he reached out to developer Roman Rivera Torres to  move toward settling the main gate controversy.

There was an assortment of goodies, including sushi, to keep the audience energized through the long meeting. (Staff Photo)

The developer, while receiving acknowledgements at the assembly for creating a unique community, was handed major defeats on two initiatives he championed, the firing of Kaufer by voters, and support for the 2016 undisclosed Taema agreement to essentially giving inhabitants of a separate development resident gate access to the resort and its amenities for a modest fee.

Kaufer was supported by 3,502 votes to retain his office while 714 favored his removal. Only two votes were cast in favor of continuing the Taema pact and more than 2000 against.

Board reaches out

“I spoke very briefly with Roman” Kaufer said Monday, “and I got a good feeling. We will work on the gate issue first and we are hopeful now…”  that the vote figures   will prompt a positive change in the developer’s strategies.

He added that the overwhelming measure of support for the Colonos board at the assembly was “not a waste of time and very good for our morale and, I think, for the community’s too.”

The board has been asking the developer for  a long-term accord guaranteeing control of gate access by the Colonos in  return for releasing $200,000 appropriated by voters last year to complete gate improvements. That project began in 2016 using $80,000 in Colonos funds. If there is no agreement, the Colonos board said it is preparing its options to nonetheless maintain control of access for the public  benefit..

Two volunteer to serve on board

As of this writing, Carlos Suarez, a condo administrator, will become the VC president to replace Rivera Torres, according to the other VC member, Timothy Howard, a retired mortgage finance executive who is not a full-time resident.

Toward the end of the assembly, two volunteers came forward to serve the remaining terms of two board members who resigned last month. Real estate agent Sally Evans and Jose Luis Leyva will serve out the remaining one-year terms. They join current board members Kaufer, chairman; Irma I. Ramos, treasurer and Daniele Gracis, secretary.

Developer tenders resignation
after
effort to oust Kaufer fails

Adding chairs to a full house. (Staff Photo)

The developer’s lengthy prosecution of Kaufer and the Colonos board before the assembly led to his own indictment in the assembly’s eyes, since he also was a voting member of the Colonos leadership for more than five years, a fact alluded to in Kaufer’s own defense comments.

The developer’s allegations of ineffective security did not sway voters and his complaint that Colonos abandonment of the developer’s original vision of an exclusive residential community was contradicted by his support for the Taema agreement. His intent to take temporary control of the main gate to fix access problems was, said Kaufer, essentially to resolve a private business problem. 

There were a few needless catcalls during thee developer’s delivery, as there were when  Gabriela “Gabi” Kozelji , owner/director of the private Colegio, attempted to reiterate from notes what essentially had already been said – but adding a threat to drop out of the Colonos Association if Kaufer retained his post.

Voters put support, grievances
under board’s Christmas tree

A fellow settler gives voice at the annual assembly. (Staff Photo)

The overwhelming assembly ballots cast in support of Colonos leadership underscored the dominance of the vote as a tool of the majority in deciding important civic, security and financial matters —provided voters remain concerned and communicate rational concepts at annual assemblies.

The more vocal voters in the audience last Saturday aired grievances ranging from youths illegally driving golf carts with impunity to people being disenfranchised by deadbeats, and other traditional urban shortfalls hat require the community’s attention. There were abundant comments on the need to enforce by-laws and policies where practical and possible.

Board members Gracis, Kaufer and Suarez offered rational defense for the several complex matters vexing the community in 2017 and pledged to continue to address them while grappling with other issues in the new year.

Colonos GM Armando Rincon said this week, prior to the first board meeting since the assembly vote, that the board is already preparing to address grievances brought forward by Sally Evans concerning the denial of ballots to paid-up voters because a neighbor has not paid dues. “We’re already working to try to correct that,” Rincon said.

A large number of residents contributed to the assembly conversation, including Angelo Mouzouropoulos, a retired international shipping executive who shared gate impasse details, Beatriz Marron, a former Colonos board chairwoman who imparted historical insights, Thierry Defauw, with questions on Phase 4 issues and dozens more.

Chac-Hal-Al, Colegio threaten
to opt out of Colonos association

They waited to get into the assembly, and now they wait for problems to be solved. (Staff Photo)

The process of solving problems often results in creating new ones, known as unintended consequences, and the Puerto Aventuras HOA annual assembly is vulnerable to the phenomenon. The iconic Chac-Hal-Al condo complex and the Colegio, both with ties to the developer, threatened at Saturday’s assembly to abandon the Colonos HOA if Kaufer and the board remained in charge, which they did.

Puerto Aventuras is required to conform to the laws of three levels of government, the rules of a special agreement with the municipality and the by-laws of the Colonos, the latter four being superseded by complex federal and constitutional regulations.

One scenario posits that if some entities opt out of the Colonos, the law says they can still be charged the same or similar fee for use of the roads and other services provided by the Colonos. And worse. They lose their Colonos vote and their voice in the assembly in helping decide the business of the community at large.

Keen observers of this fragile arrangement say if – that’s IF – jumping ship is an option that too many choose, the entire communi,y, as its residents now know it, will be in jeopardy.

Rincon said this week  the Colonos is already reaching out to Chac-Hal-Al residents and offering to hear their grievances at the group’s coming annual meeting. He said Colonos wants to work together to fix what they can or present a rationale of why they cannot.

 

The Mail Bag…

Rules we have, enforcement we need

Dear Editor:
After attending the Colonos meeting, I was happy the vote trying to remove the directors failed. One man seems to think he runs this place despite the fact that it is the owners who own Puerto. Giving thisman the run of the gate and security would create, in my mind, a dictatorship.
We have rules in place to address situations such as,f or example, underage kids racing around with golf carts, dogs not on leashes and on the beach. I have heard stories that security simply ignores complaints. If I were king I would bring a true security specialist to analyze what goes on here and insure that security absolutely enforces all of Colonos rules.
The Board, as said at the meeting, must have clear policies about gate admission and other things so no excuses can exist for not enforcing the rules. I thank the Board for all their time and the aggravation caused by one man not always getting his way.

Signed/Joseph Madrigrano

It’s season to appreciate each other

Dear Editor:
Jim Morrison wrote a nice letter anpiut Christmas last week. I hope it makes everyone appreciate Christmas or X-mas. Whatever it is, it is a wonderful time of the year to appreciate each other.

Signed/John Lacey

Chac-Hal-Al not troubled

Dear Editor:

I would like to take exception to the word “troubled” when describing Chac Hal Al. I have owned here since 2010 and although we did have some challenges to deal with, the complex is in excellent shape now.

Financial, physical buildings, pools and systems, management, maintenance, landscaping are all performing like the first class resort that it is. Given that it is arguably located on the best property in Puerto Aventuras and now that the beach is being restored to pre-erosion levels, things could not be better.

Oh, and our maintenance assessments continue to drop through careful planning and spending. The term “troubled” is far from an accurate way to describe Chac Hal Al today.

Signed/Peter Moulton

The Roundup…

Colegio students  from the last high school graduation class took first place statewide in mathematics proficiency in the standardized math and Spanish test. They came in 7th statewide in Spanish communication and first in the municipality…

Brrrr! Muy frio!

HOOD IS GOOD – Manuel A. Caballero appreciated his hooded shirt during last week’s cold spell. He drives to work at the Omni Gym on a motorcycle. (staff Photo)

Cold and colder – It was chilly enough Sunday morning when heading out to Sam’s Club for early shopping and braving the cool temperature in shorts and T-shirt. But it was so much colder (rhymes with older) inside Sam’s Club as we shopped that we decided to finish up at Soriana’s, where it was some degrees warmer. Bring a jacket or sweater if going to Sam’s so you can appreciate in comfort the chilling effort to keep food from spoiling. We are told  a record low temperature was reached this week at 13.2 C., or 55 degrees.

Speaking of colder and older, neurologist Jose Perez, speaking in Tulum, said life expectancy in Q. Roo is one of the highest in the nation at 82 years. The downside, said the doctor, is that the older people get, the more the health problems compounded by insufficient health care facilities…

Gun troubles fell upon a US woman from Detroit, when she tried to get through Cancun Airport’s Terminal 3 with a handgun in her luggage. Police say she did not have documentation or permit to possess a firearm and was arrested…

The rules we live by…or not!

(Page 16 of 22, unedited)

 ARTICLE 39.- The Associates Assemblies shall take place at the time and place indicated in the convocation.

ARTICLE 40.- The convocation for the celebration of the Assembly of Associates will be signed either the President or the Board’s President and Secretary, indicating the corresponding Agenda, and will be made as follows:

  1. Through notices sent to the associates’ addresses;
  2. Through notices posted invisible place;
  3. Through notices inserted in the newspaper of highest circulation in the Municipality of Cozumel, Quintana Roo.

All letters and notices must be issued at least 30 days prior to the date of celebration of the Assemblies.

ARTICLE 41.- General Assemblies of the Association shall be considered legal with the attendance of fifty-one percent of the total value represented by the votes of all associates in the Association.

In case there would be no quorum at the time set in the convocation, the corresponding entry will be recorded in the Minutes and an additional period of thirty minutes maximum

will be given, but after this time the Assembly will start with whatever percentage is present, this apart from any special quorum that may be required in the different cases indicated in these By-laws.

ARTICLE 42.– The decisions of the Assemblies are binding for every member of the Association, even those absent or disident.

ARTICLE 43.– Either the President or the Board’s President will have the obligation to call to a General Assembly whenever required by a group of the associates comprising at least fifty one percent of the Association’s membership, and failing to do so, the competent Civil Judge shall do so at the request of said members.

ARTICLE 44.– Each one of the Associates will have a vote with a value indicated in the Association’s By-laws. The votes will be counted by the tellers appointed to that affect, at the time of raising their ballot forms which will be given at the start of every Assembly and where the value of their vote will be indicated. Special voting is required in the following cases:

  1. Fifty-one percent of the total value of votes represented by the members present, for the execution of actions of ownership of goad and sixty-five percent of the total value represented by the votes of all associates members for actions of ownership of Real- Property;
  2. Fifty-one percent of the total value represented by the votes of all associates, for any modifications to the Deed of incorporation, and of the By-laws; and
  3. Sixty-five percent of the total value represented by the votes of all associates in the Association in writing, for the dissolution of the Association. (To be continued)

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