Dear VE Owner, (español bajo)
The letter below from Julio Brown was approved by our Steering Committee and sent to the developer. We find the contents of this acceptance offer by this SC appalling.
Many of us owners have been maligned, harassed, attacked and greatly criticized by this SC group for being willing to accept the transfer of the assets "As Is", stating we are essentially " puppets " of the developer. We never said to accept 'as is'.
We have denounced these statements and accusations as untrue. From day 1 we have only asked that we sit down and negotiate a fair and reasonable settlement with the developer in accordance with the laws of Panama.
Now, without any care of the homeowners, the Steering Committee secretively again goes behind our backs and offers without our knowledge, vote or consent to take the asset transfer "AS IS".
Without any explanation or acknowledgement to us homeowners of how much this might cost each of us in special assessments for all the things previously outlined by the sc that was needed to be done before the transfer! This will run into many thousands of dollars! What happened? What changed? Why now the rush to accept 'as is'?
This is the very thing they accused us of wanting to do in the past. These actions by this Steering Committee calls for an immediate General Assembly meeting and we want to invite Federico Salazar to visit with us and give each home owner the chance to understand via Q & A's what we can expect etc. for a mutually beneficial transfer.
There are many unanswered questions that will impact each owner and we ALL have the right to complete clarity of the issues.
We also say, we have had enough with this SC and its advisers and want them removed in whole with a "Vote Of No Confidence" , we have had it and we want a group elected who we can support who will only serve us with 100% transparency and honesty as it relates to our community issues.
The Time is Now to replace all of them! We already have MANY documented reasons to replace this SC, but this is the final straw!
Sherry Rose-# 2Should any owner listed below who signed our declaration not agree with this, please notify the community of your intentions and reasons as we respect your opinion. There are some owners who desire to be on our list that we have been unable to reach at this late notice.Sincerely,
William Karns-# 3
Terrence Brown-# 4
Dennis Griffin-# 158-D
Carlos Motta-# 8
Bill McAbee-# 13
Judith Wolf-# 15
Alfred Broadhead-# 21
Terri Calixto-# 26
Caesar Sherrard-# 29
John Rhoades-# 32
Peter Markus-# 33
Charlie Burress-# 34
Rodney Parker-# 52
Dennis Griffin-56
Jon Olsen-# 61
Carlos Frias-# 70
Michael Burd-# 71
Mark Schneider-# 73
Cesar Vallarino-# 74
Orville Lang-# 75
Renae Daoro-# 77
Renae Daoro-# 151-C
David Torres-# 84
Jay Hartz-# 86
Jerry Maesky-# 87
John Maesky-# 88
Raul Arias-# 94
Enrique De Janon-# 99
Robert Bowling-# 100
Mick Culbertson-# 112
Nixa Rios-# 117
James Peters-# 118
Bruce Young-# 142
Chuck Thomas-# 146
Mark Schneider-# 148
Enna Ferrer de Carles-# 151-D
Leslie Shade-# 152-B
Joanie Batts Gulbronson-# 153-A
Richard Moore-# 153-C
Sandy Comstock-# 153-D
Edward Kuiper-# 155-B
Sam Parham-# 156-A
Bonnie Lessman-# 156-C
Roger Kinkead-# 156-D
James Lowe-# 156-E
Barb Severs-# 156-F
Cristobal Siu-# 156-G
Lyle Neigenfind-# 156-H
Muk Noong Cheng-# 156-I
Roy Hasseltine-# 156-J
Tony Hau Ho-# 157-A
Tony Hau Ho-# 157-B
Julio Del Valle-# 34-B
Stan Hime-# 20
Ted Harrison-# 12
Cynthia Gould-# 107
Ty Lockhart-# 98
Joel Mahler-# 15
Linda Lewis-# 126
Dennis Griffin-# 157-H
Licdo, Felix Humberto PAZ MORENO
Tadasly, S.A
In response to the document submitted by the person in representation of Tadasly, SA and other societies, we must express the following on behalf of the Association and represntacion Owners Valle Escondido
accept the transfer of the property 50694 General contained in the public record in favor of the association of owners of Hidden Valley without further legal restrictions
request and in accordance with Decree 36 of 1998 regulates all
developments related to the mandatory transfer common areas will be without restrictions on the association of owners of Hidden Valley all infrastructure including roads in their current condition with all permits and licenses required governmental graveamenes free
request and in accordance with Decree 36 of 1998 regulates all
developments related to the mandatory transfer common areas will be without restrictions on the association of owners of Hidden Valley all infrastructure including roads in their current condition with all permits and licenses required governmental graveamenes free
Julio Cesar Espinosa Brown
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Querido VE Propietario,
La carta adjunta de Julio Castaño fue aprobado por nuestro Comité de Dirección y se envía al desarrollador. Nos encontramos con el contenido de esta aceptación de la oferta por este SC atroz.
Muchos de nosotros los propietarios han sido calumniado, perseguido, atacado y criticado en gran medida por este grupo SC por estar dispuesto a aceptar la transferencia de los activos "tal cual", afirmando que somos esencialmente "títeres" de la promotora. Nunca dijimos que aceptar tal cual.
Hemos denunciado estas declaraciones y acusaciones como falsas. A partir del día 1 sólo hemos pedido que sentarse a negociar un acuerdo justo y razonable con el promotor de conformidad con las leyes de Panamá.
Ahora, sin ningún tipo de atención de los propietarios de viviendas, el Comité Directivo en secreto otra vez va a nuestras espaldas y ofrece sin nuestro conocimiento, el voto o consentimiento para la transferencia de activos "TAL CUAL".
Sin ninguna explicación o acuse a nosotros los dueños de casa de lo mucho que esto podría costar cada uno de nosotros en las evaluaciones especiales para todas las cosas anteriormente esbozados por el sc que se había que hacer antes de la transferencia! Esto ejecutará en muchos miles de dólares! Que pasó? ¿Qué ha cambiado? ¿Por qué ahora la prisa por aceptar "tal cual"?
Esta es la misma cosa que se nos acusó de querer hacer en el pasado. Estas acciones de este Comité Directivo pide una reunión inmediata de la Asamblea General y queremos invitar a Federico Salazar para visitar con nosotros y dar a cada dueño de casa la oportunidad de entender a través de Q & A de lo que podemos esperar, etc para una transferencia mutuamente beneficiosa.
Hay muchas preguntas sin respuesta que afectarán a cada propietario y todos tenemos el derecho a completar la claridad de los temas.
También decir, que hemos tenido suficiente con este SC y sus asesores y queremos que eliminan en su totalidad con una "moción de censura", lo hemos tenido y queremos que un grupo elegido el que podemos apoyar que sólo nos servirá con 100% de transparencia y honestidad en su relación con nuestros problemas de la comunidad.
El tiempo es ahora para sustituir a todos ellos! Ya tenemos razones documentado muchos para reemplazar este SC, pero esto es el colmo!
En caso de que cualquier propietario que se enumeran a continuación firmado nuestra declaración no estar de acuerdo con esto, por favor notifique a la comunidad de sus intenciones y razones como respetamos su opinión.
Atentamente
7 comments:
WHAT! How could they do this to us? This i shameful. I am really considering adding my name to this list of owners now! This is disgraceful and can no longer be tolerated!
Any Homeowner who agrees that this SC is out of control and needs to go needs to speak up NOW and add your names to this list. Don't just sit idly by and let this go on a minute longer. If this doesn't get your attention and make you react, what will?
You got to be kidding me. Yes, my name us on the list below but I gave my approval prior to even seeing this crap the SC is up to. What in the hell? Take infrastructure "AS-IS"? This after years of Bill Day and company telling all of us that they will hold the developer accountable to bring the infrastructure up to modern standards before we homeowners would take it over. This SC has been telling us that the roads, electric system, water system, and sewer plants need major work which the developer must do prior to we the homeowners accepting it.
WHAT HAS CHANGED?!
Is or is not the developer responsible to hand over the infrastructure in "good" condition as this group has been telling us for years? Why did Bill Day spend over $100,000 of VEHOA funds hiring Paul McBride, and the"best lawyers",without any homeowner's approval to "protect" the VE homeowners and make sure the infrastructure was brought up to today's standards prior to the VEHOA accepting it.
What will be the costs for the homeowners to bring the infrastructure up to the standards they said was necessary? I remember a SC member say it could cost hundreds of thousands of dollars to fix the infrastructure deficiencies and the were going to hold the developer accountable. Now what? How are we the VE homeowners going to come up with these funds?
Something does not make sense.
I am a signer below and a voice of many.
Here is what one current SC supporter had to say in the VHOA Blog.
Ahh yes! The counter proposal is simple, right to the point, and according to Panama law as I understand it. It would seem to me that the parties involved would conform to Panama law. The counter proposal is a gift. If it is not accepted it would seem to me that the government would have to be involved in enforcing compliance to the approved plans as shown on the original plat maps and plans. Perhaps only the government ministries can enforce compliance under Panama law. However it is possible that the down side of this proposal is that the Board of Directors of the VEHOA representing the residents would have to take complete responsibility to bring the infrastructure up to the government accepted and approved plans which they are mandated to enforce, or maybe not. In any case, the developer or corporations thereof must consider the consequences of not taking this gift of “as is” and the residents who are members of the VEHOA must consider the possibility of government interference and enforcement also. Otherwise, the current situation will not get better unless money is applied to the infrastructure. Eventually this money will come from somewhere. The infrastructure needs to be maintained.
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COMMENT
Right from the get-go, I knew this was going to be brilliant piece of work when he stated “Panama law as I understand it”. The man apparently speaks one word of Espanol (hola) and even uses that incorrectly, to the point of insult in the salutations of his letters. His claims some understanding of Panamanian law and yet he cannot read a word of it? What an ignorant assessment.
This person wants the Steering Committee to approve a transfer “as is” and then he would expect to go back to court to enforce some undefined compliance. Is he a total buffoon? Second thought, don’t bother to answer that one, we all know the answer.
A “possible down side” he has to be kidding. If we simply say OK we will take it “as is”, what government is he expecting to interfere and provide enforcement? Folks we are not in Kansas, where people like him expect the government to raise up and take care of their own stupidity. Ask some other non-Panamanians who have been fighting Panamanians’ in a Panamanian court, how that has worked for them. You are right Acunie, on one thing, the money for the infrastructure would have to come from somewhere and who might you expect that source to be? I will fill you in, the source would be us homeowners of course. Despite your stated belief Jon, there are no “free gifts” here.
Now fellow homeowners, let’s work together to get this current steering committee out of office before they spend every dime we have in the Homeowners fund and we end up going for another year with no infrastructure improvement.
Developer with any wisdom should not agree to it. It is obvious that the so called SC without any of our support is desperate.
Do not agree to it.
I am one of the signers on this blog post. I reached out to the "other side" when the SC would not respect wishes of VE Homeowners regarding the budget vote. let me get this straight. After years of Bill Day and group proclaiming that the developer must bring the infrastructure up to current standards prior to the VEHOA ever accepting it now they want to accept it as is? I have had dozens of conversations with this group who told me repeatedly that under Panamanian Law the developer would be responsible for the hundreds of thousands of dollars needed to do this. yes, they said that it could cost close to a half million dollars to bring the infrastructure up to the required standards. VE homeowners, who have been around for a few years, had our large budget surplus taken away by this same group of individuals when Bill Day hired Paul McBride and "the best" attorneys with the promise that this would put the burden of cost for infrastructure improvement on the developer. If the best plan now is to take the infrastructure AS-IS then why did we not do this years ago. The savings from not wasting our money on McBride, as well as the legal fees spend fighting the developer over the past couple of years, could have gone to upgrade the very same infrastructure the SC now wants to immediately take over.
I have had numerous steering committee member tell me that the large liability cost the developer was obligated fund for infrastructure repairs, as required under Panamanian law, prior to the VE homeowners accepting it was the homeowner"s leverage to negotiate.
i demand to see an estimate of infrastructure repair costs, using the same figures that the SC claimed was needed by the developer, and a breakdown of where these funds would come from.
Do we or do we not want the infrastructure transferred to the home owners? It is obvious the developer is not going to put any money into upgrades as evidenced by the refusal to take financial responsibility for replacing the transformer. The developer wants ownership of the structure without financial responsibility. If I am wrong on this assessment, please somebody prove it. Give one shread of evidence to the contrary. If we don't take "as is" and build funds for upgrades and maintenance, we are forced to spend years and many thousands of dollars trying to force the developer to do what should have already been accomplished years ago. Folks, this is a no-win situation.
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