Dear Mr. Arcuni,
You have a voice like any other owner in VE and are free to investigate and ask these questions to the parties you would like the answers from. We will gladly post the answers you provide on VEneighbors site. Our site is strictly about honest dialog in and for the protection of each owners property and our enjoyment in VE. We have no agenda and appreciate the work you do for our water / sewerage system.
VENeighbors
Some serious problems:
Within the past three weeks, the SC received an invoice in Spanish from Liberty Services? that neither I or Olga could understand. I declined to authorize the payment. The following letter was written to Analia and authorized by the SC:
1. Previously I requested an invoice clearly written in English to express the concerns of water billing. None was forwarded. I would like to look at a proper business invoice with details of the charges and dates. I could make no sense of the one submitted.
2. In addition, I would like to see a written agreement, clearly typed and signed by the parties to any agreement concerning water billing. I know we have been paying Liberty Services or another entity somewhere abut $110 a month and been told that it is for Noria water, chlorination, and ANAM fees for the concession. Since this has been in play for a fairly long time, my authorization was not required. I would authorize this normally.
3. I have seen no legal agreement or government approval documents or concessions concerning anything to do with the USE , distribution, or chlorination of the water coming from the Municipal spring source. I do not have legally approved plans from the government for construction of distribution pipelines. All I have is an “as built” plan for Noria and Municipal spring water.
4. While I have found an ANAM concession for Noria water, I have seen nothing from the Panamanian government for the right to distribute this water. I do not have legally approved plans for the construction of the spring cisterns or the distribution system for this water. There are multiple springs in spring boxes supplying the cisterns. I do not know if each spring box needs to have an ANAM concession.
5. In the absence of this information, it is beyond my ability to authorize any new water bill from whomever. In addition, I cannot authorize an invoice from an entity that is probably not licensed by the government to submit such an invoice. The Board of Directors for the VEHOA may decide to do otherwise.
6. This is what I know: The water cannot be shut off by law. It must be chlorinated by law. The water belongs to the Republic of Panama. The water is for “reasonable use”.
The VEHOA does not own the water system. There are no easements for water lines running under private property or common areas. It is up to ANAM or another government agency to enforce “ not reasonable use “ on individual users.
7. What I do not know: In absence of legal agreements, concessions from the government for distribution, legally approved plans, and legal easements, I do not know if the water being distributed can be used for commercial and residential use. I do not know if the water system is legal and done with government approval. I do not know if a development could be built, lots sold, and residences built without government approval of the water distribution system.
Documentation of reasons for the above comments:
I and the VEHOA have asked our VEHOA lawyers to investigate these problems. The lawyers have written that they have contacted the different government agencies involved concerning approved plans for the distribution system with concessions, and they have stated that these plans, and distribution permission cannot be found for either Noria or Municipal spring water. They do not even know the parties involved for Municipal spring water use for Valle Escondido or who holds the ANAM permission for the Municipal Spring.
In addition the lawyers have not been able to find government stamped and approved plans in government files for either the NORIA water distribution system or distribution of the water coming from the municipal spring.THIS DOES NOT MEAN THIS INFORMATION DOES NOT EXIST. However it seems strange that the government would not have records. I would assume that the developer would have legal fully approved plans, signed off by government agencies, and I would ask they be copied and put on file by the VEHOA. Again, I would ask again for any agreement concerning Municipal spring water that allows the VEHOA , the resort, or the developer the use and the right to distribute this water or extend the use of this water.
Now, It is clear that the VEHOA has been billed at the rate mentioned above and bills have been paid. I also know that chlorine tablets cost $1.09 apiece in that I buy them, and that they are necessary and required by law to bring POTABLE water to standards. I check the amount of chlorination in our both Noria Spring water and Municipal water every two weeks by taking and testing samples, and post the results on the VEHOA blog. I know that it costs money for labor to place chlorine tablets into proper receptacles at proper durations to assure sterile potable water.
As a result, I am unable to authorize any new water bill, and especially one based in the past. In addition I am unable to negotiate any new agreement or put my stamp of approval on such a bill. The Board of directors of the VEHOA may feel otherwise and override my suggestions. Previous meetings and correspondence with Analia Velasquez of Liberty Services re: these issues above have not been productive in obtaining required information.
Similar problems exist with the sewerage distribution system to the WWTPs ( waste water treatment plants ).
Below, you will find a .pdf document produced by VEHOA lawyers with their concerns. It is posted on the VEHOA blog.
Jon Arcuni
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