To The Steering Committee in response to their email below,
This is a complete overstep and a violation of personal privacy & property! Should they continue the path of enforcement it is only fair to post all related documents for each owner on the VEHOA blog to allow each and every homeowner the opportunity to view every homeowners shareholder records etc. to insure everyone in in compliance. Not to mention an HOA cannot force a private owner to expose their privacy. Where is this coded in Panamanian law? Are you serious with this?
Should you sincerely have a concern from the legal aspect of ownership it would be the responsibility of the shareholder and or its appointee's to be held accountable as to the truthfulness of their appointment of proxy and unless this was legally contested by a 3rd party it would remain no one else's business.
This is a 160 home HOA not a small country run by oligarch's!
I would hope both HOA blogs post my response on my behalf, so my views can be expressed and I enourage all owners to voice their opinions.
Mark Schneider
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Notice just received on 9/18 after 8p.m. from Steering Committee:Dear Owners of Properties in Valle Escondido:There has been a lot of scrutiny as to what makes you a Homeowner of Property in Valle Escondido and how is ownership determined.Well, simply put, most properties are owned by a Panamanian corporation. This corporation has a legal representative, a Board of Directors and the corporation issues shares. The owner or owners of the shares are ultimately the owners of the Property, however, it must be legally established in the form of an Acta by the Board of Directors and signed by the Legal Representative. This information must be shared with the Homeowners Association in order to establish and assign a person or individual as the Owner of a property.What do you need to do, bring to the VEHOA´s office one of two simple things:1) Unlimited or General Power of Attorney by the Legal Representative of the Corporation assigning the majority shareholder or an individual unlimited powers over the property and decision making. This Power of Attorney needs to be registered in the Public Registry of Panama.2) If the legal representative is the same person as the majority shareholder, then a copy of your certificate of shares.We would like to remind you that having a limited power of attorney for the execution of documents pertaining to the sale of shares of the corporation or the property does not establish ownership nor allows voting rights. If you are the holder of a limited power of attorney, you will be asked for a Proxy form that will allow you to vote in specific general meetings that require membership approval of certain issues such as elections, budgets or special assessments. You will need a new Proxy form every time a meeting is called for these types of votes. We must however, be 100% clear that being a Proxy holder only gives you the authority to vote on a specific general assembly and does not give you ownership or any other rights on the property. PROXY FORMS NEED TO BE ISSUED AND SIGNED BY THE LEGAL REPRESENTATIVE OF THE CORPORATION, NOTARIZED BY A PANAMANIAN NOTARY IF THE PROPERTY IS OWNED BY A PANAMA CORPORATION OTHERWISE THEY WILL NOT BE ACCEPTED.The VEHOA is having a lot of problems keeping up with what goes on in Valle Escondido as far as changes in ownership. While we do issue good standing letters when requested, these are not requested all the time, and in most instances the new homeowners are not registering themselves with the VEHOA, therefore leaving a VOID as to who is the rightful owner of the property, specially since most of the times, the property is sold under the same corporation, but only the shareholders are the ones that change, mostly because of tax exemption issues.We are obligated therefore, to change our procedures as far as the issuing of letters of good standing. We will issue letters of good standing to those homeowners who request it in order to sell their properties, provided of course they are in good standing, and will not deliver these letters without being provided the new owner´s information. Every property for sale needs to be registered with the VEHOA´s office as to keep track of changes in ownership and to ensure access to the property when this change occurs.We are improving our security measures and will soon offer better alternatives for Homeowner access to the community, therefore, if a property owner is not registered, they may be inconvenienced trying to gain access to the community when the new system is implemented.Please understand that this is not a matter of politics. This is a matter of knowing the rightful owners of the properties so that communication is effective between the VEHOA and the membership, voting rights are exercised, dues are correctly billed and allocated and better safety and security is applied to all just by knowing who your neighbors are.Thank you for your cooperation.
15 comments:
The stupid is strong with this SC.
Steering Committee you have to be out of your frigging mind to think for one second that this obvious attempt to rig the election will go uncontested.
First you send that asinine notice out just days before the election knowing that many could not comply.
Secondly, I for one will pay for the legal costs to have not only this vote but the whole damn Steering Committee appointments challenged in court.
Enough is enough when it comes to this attempt to railroad an unnecessary budget vote through by limiting eligibility of voters. The audacity of this Committee is unbelievable. However why should this surprise me when we have Steering Committee that is being ran by a convicted felon who has expelled from Panama.
Chuck Thomas
Yes, that is what we need, all of their SC positions challenged in court.
Thank you Chuck for stepping up and helping us with this power hungry group!
When more step up we will be able to start over again fresh and get our peaceful lives back.
Since the Condos only pay 50% of the dues the remaining Homeowners pay, why is everyone else being asked to pay for the cleaning/maintenance of their septic systems and painting of the Condos. When we had our home repainted, no one paid for it except us. It is fine if they pay 50% less because they have a smaller domicile and use less of our amenities. But, they should pay for their own septic systems and painting, etc.
More insanity prevails with the SC and their request for ownership proof. What next,?
Caesar
I've said it before and I'll say it again -- HOW DO WE GET THIS SC REMOVED? Do we sign a petition? I am itching to put my John Hancock on the dotted line.
This Steering Committee feels empowered to do whatever it pleases because the past President of the SC, who now acts as their main adviser, has set the precedence of "I CAN DO BECAUSE I CAN." His action cost the VEHOA upwards of $80G, for which he felt no responsibility of consulting or explaining to the members. The current SC feels entitled to dictate their own selfish intentions in complete disregard of the homeowners' voice. So now it is 'WE DO BECAUSE WE CAN." Time for a coup de tat, don't you agree?
To vote out this SC, we need to have votes from 96 home owners. When we have that many people we will call a special election. HAVE YOU EMAILED US THAT YOU WANT TO VOTE THEM OUT SO WE CAN INCLUDE YOU IN OUR NUMBERS??
PLEASE EMAIL NOW: VENEIGHBORS@GMAIL.COM
AND LETS GET THIS NIGHTMARE OVER WITH.
"You know, comrades," says Stalin, "that I think in regard to this: I consider it completely unimportant who in the party will vote, or how; but what is extraordinarily important is this — who will count the votes, and how."
Was this email actually understood. May people are selling or renting and we do not know who our neighbors are.
Actually every HOA requires the owners to sign in
Agreed that the VEHOA should know the "owners" are. Under Panamanian law all that is required is for the President who represents the corporation, both of which are available on the public registry, designate the person (homeowner(s)) to represent the corporation. Problem solved. This is all that is required under Panamanian law. The thought that this SC wants detailed shareholder information, which is completely illegal, or that the designated homeowner must have the power of attorney registered so as to expose them publicly is ludicrous and completely unnecessary. This is about power and control by a gang of criminals, or at least a gang led by a proven professional criminal.
I am sure there is no where in the bylaws requiring proof of ownership, especially showing our private legal papers. It is a ploy to limit the votes of those who oppose them. IF ANYTHING we could bring a photo ID and our cedula or electric bill. IF ANYTHING !!!! If they are illegal as a committee I don't see how they can even call a meeting.
I agree with the person that asked to see the invoices for the "Park". What park? What has been done by VEHOA?
Just have another question. I asked about sending in our vote.
It asks for your lot number and your name. How is that a secret ballot?
I agree that this new b.s. is a ploy to limit our votes because if we all vote, their Proposed Budget won't pass. They want us to pay for organic trash collection that a number of us don't need, Park expenses for a non-existent Park, a raise for an Administrator who claims that she is not an employee of VEHOA yet is being paid out of HOA funds; and other drummed up expenses. When will the rest of homeowners wake up and fight back -- this is our money that they want to take from us.
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