Subject:
|
VE Solutions
|
Date:
|
2014-12-12 11:24 am
|
From:
|
"JULIO.C.E.BROWN" <jcbrown@cwpanama.net>
|
To:
|
VEHOA SC <vehoasc@gmail.com>
|
Dear Valle Escondido Owners.
Re: VE Solutions
Attached are the following documents which will remedy any and all possible questions regarding what by-laws the VE Association is legally operating under.
1) A certification letter from MINGOB the governing division of Panama and Its Secretary General who finally clarifies that the only legally registered By-laws for Valle Escondido are file 540-PJ-236 which was filed on September 24th, 2003 (what we reference as the 1937).
2) An accompanying legal opinion to confirm this by myself
3) An affidavit of confirmation by your BOD, President (and only legal representative of the VEHOA) who has the sole authority to resolve this for The VEHOA.
4) An email from the Steering Committee in question who by this email (attached) confirms they agree the 1937 as the only registered document for VEHOA;
To confirm, The VEHOA is only governed by the 1937 CC&R's and your association will only operate under these by-laws until the community votes to adopt a future updated CC&R.
This being said, there is no legal Steering Committee (SC) according to the 1937 by-laws. Our sole legal representative is our Board of Director President, Mr. Javier Rivera Espinosa, until a new group of leadership is elected at the upcoming GA meeting.
Mr. Espinosa has been placed under great pressures and duress due to the stresses placed on him by certain owners. He has determined that the only solution in accordance to the powers vested in him is to protect the HOA and its funds and let the community as a whole determine its future collectively at the called GA meeting.
Mr. Espinosa will be the only representative authorized to make decisions and or pay our expenses until the election is finalized. We encourage all members who wish to run for the SC to do so and move forward immediately to start over with peace for the community and solve the problems in Valle Escondido once and for all.
Per this ruling, the community will no longer be exposed to any further communications regarding these matters. Javier Rivera Espinosa demands those individuals who are responsible for illegally transferring your funds out of your HOA account to return the funds with a complete accounting by Monday 12/15/14 or I will be forced to press criminal charges against those who are complicit in removing the funds from the HOA account.
I am also, prepared to transfer the $24,000.00 (which is ready to be released from sequester from the BCS case) to the HOA account as soon as Mr. Espinosa authorizes me to do so. Mr. Espinosa also demands that all of the financial books and all other documents of VEHOA be returned to the VEHOA office immediately through me and that VEHOA website and email codes and logins be given to him as they are property of the association.
Mr. Espinosa has requested assistance from a delegation of Valle Escondido owners to join him for assurances of doing what is right and lawful for your community. Some owners have already agreed to offer their support and be part of this delegation,Please contact me to assist Mr. Espinosa and myself in this transition to insure the protection of your HOA funds.
Mr. Espinosa has requested that this group of owners assist him in the day to day operations of the HOA until the General Assembly meeting to elect the new governance is resolved by the majority.
To confirm,, once a new set of CC&R's are voted on and adopted by the majority such as the 2010 CC&R's with the proposed amendments, Mr. Espinosa has agreed to follow the direction of a newly elected group of owners.
Please be advised that members of our community are willing to assist in this critical emergency. I would prefer to work through the official VEHOA website and email system but as you can see by this groups actions they are blocking any and all efforts to have the VE homeowner's have any say so they can keep their illegal control of the community prior to these actions. This must now stop in accordance the law.
I assure you, my efforts are solely for the benefit of the entire VEHOA as your appointed legal representative.
Please contact me if you have any questions or desire to offer your services during this transition.
I join a majority of owners who look forward to a new peaceful community with differences resolved once and for all with the new election.
Sincerely
Julio Brown
VEHOA Attorney
3 comments:
So let me have understanding! Does this mean this SC is now legally no longer in power or a legal body in VE? I sure hope so. This letter from Mr. Brown seems to indicate this, correct? Peace again! Please!
Don't get your hopes up too soon. The way this SC operates, they will hang on to any imagined thread that could be construed as legality in their favor. Let's keep our fingers crossed that this scheduled GA will indeed take place and unanswered questions will be clarified. Nothing is done till the fat lady sings!!!
Why was Bill Mcabee's post taken down from the VEHOA Blog? That is wrong, John! On another note, I am encouraged that the BOD President took the action's he did, I reviewed Julio's opinion and the SC's agreement of the 1937 being our lawful operating bylaw. So we are all now in agreement and we can move forward. Maybe we can all stop fighting, name calling, attacking etc. I encourage Carol, Jeannie and whoever else wishes to serve our community to do so with the best interest of all owners and throw their hats into the election ring. I understand there are now 6 to 7 owners who have put their name up and lets hope we adopt a new 2010 CC&R for everyone's best interest with those amendments approved, so we never have these issues again in VE! Thanks Julio and Javier for taking this initiative and I will help if asked. We need constructive conversation, not attacking one another. This community is equal to all of us and not for the control of a few.
Mark Schneider
Post a Comment