Since the concerns of many homeowners are not posted on the vehoa blog, this blog was started where the facts, information and proof is shown.
If you want to join us to take back VE, where we, the homeowners, actually get to vote on issues of what we want, or don't want, and how our money is spent, please email us with your thoughts and questions to veneighbors@gmail.com. The faster we grow the faster we can make VE the beautiful and carefree place we had before.
Saturday, April 18, 2015
UN Resolution, HOA Dues, and other things. A letter to Carol Bruner from Sherry Rose
> Carol, I have followed your writings with interest since arriving in VE as an owner in 2013. I have never met you personally but recognized your astute mind and writing skills. I looked forward to meeting you one day. However, I am really astounded by the recent UN dialogue being bantered about by you and your continued advice against paying the mandatory HOA dues.
>
> You, and all of us, had our opportunity to exercise our rights to refuse to belong to a HOA by NOT buying a home situated in a community predicated on the HOA system. We were free to make that choice BEFORE buying into VE! There are many free standing homes just outside the gate and we all knew BEFORE we purchased in VE that it is a community predicated on a home owners association and a developer's resort property communal existence model!
>
> Human rights are for everyone, but you are insinuating that certain human rights trump others rights - for instance the Developer's rights to purchase acreage, to take the risk to develop that acreage, and then to OFFER some of that developed property with unique amenities for sale within the communal living concept. Human rights issues can not mean that you achieve your rights at the expense of someone else's rights! You were not forced to buy into the HOA concept, you had a choice of where to buy! Additionally, Panama City would collapse as all those high rises, town house communities, and condominium complexes have some form of a HOA business model in place in order to operate! Panama would be off the list of places to retire in a heart beat!
>
> As we all exercised our free choice rights to purchase in VE and knew that a form of an HOA model was in place, our human rights have not been violated! Okay, you now own within the gates and you must pay your pro-rata share of the communal dues for your right for communal services! Please refer back to the former SC directive of September 30, 2014, wherein your SC issued the broadcast that HOA dues are MANDATORY and then listed the seven penalties for non-payment.
>
> What has changed since then other than the names of the HOA governing body? The same former SC members who issued this directive, collected dues, and spent the funds are NOW advising members not to pay their dues! This is dangerous and can certainly have unintended consequences for the members who listen to your advice. The non-related excuse of UN human rights issues is beneath your powers of reasoning!
> Your opinion that the current governing body was illegally elected and, therefore, not empowered to collect the necessary dues to maintain all our lifestyles while continuing to work on the pertinent issues of our community is just that - your opinion! It is also unfounded in truth or logic!
>
> I certainly feel that with your intellect and your protracted tenure within the HOA structure of VE, you became aware that the HOA documents you were operating under had not been properly filed within the appropriate governmental agency. However, instead of confronting that problem head on, ya'll obviously accessed the likelihood that you would not come through that process without a new election of all members and a rewording of some of the CC&R language.
>
> I note that your website is constantly demanding answers from the newly elected HOA governing body. There have been many questions asked of the former SC members that have been ignored or ridiculed. Therefore, indulge me to ask the most pertinent ones on my mind now.
What did your SC accomplish during your reign of absolute power? Yes, the former wording of the CC&Rs ( now modified within the election of January 2015 to provide membership oversight ) allowed you to do ANYTHING without membership approval except increase the dues more than 10% per annum. Why did ya'll suggest a budget increase of 20% in our dues last year until the push back from the residents? Why didn't ya'll do a Security Survey BEFORE arbitrarily breaking a legally binding contract to replace the existing security service? Why didn't your recent SC provide the membership with the "actually spent " 2014 budget figures? Who chose to withhold the information regarding the privately owned website ( posing as the official HOA website )? Who chose to launch a campaign of ridicule and hate of both the Developer and of the HOA members who opposed the SC's tactics while still supporting the issue of the asset transfer? Who is investigating the "Enemies List"?
Why are ya'll so desperate to prevent the funding of the new HOA governing body to pay our HOA obligations which directly effect everyone's lifestyle within our community?
>
> The recent former SC members are now alleging that they didn't get to vote in the January 2015 election. They were notified just as we were of the election and even invited to run their slate of candidates. They not only chose NOT to participate but used the privately owned website to broadcast their directive for the community to boycott the meetings and NOT to vote! That was a total disservice to our HOA and it really didn't really work out as you had intended, did it?
>
> We have paid our dues for the privilege of using our vacation villa a few weeks a year. It is time that the residents realize that it is an obligation each condo/villa/homeowner chose to assume and committed themselves to pay when they, of their own free will, purchased in VE. If you and the other former SC members keep handing out the advice to not pay dues we won't be discussing the type of security we want - there will be none! We won't be discussing sewage treatments and water chlorine levels because there will be sewage everywhere and the water will not be safe to drink!
> How can your group be so blinded by anger to wish these circumstances on everyone? The current actions of the unseated SC group are detrimental to all of us but some resident members who take your unsolicited advice and then incur consequences ( see your seven items of the penalties of non-payment on the above referenced directive ) may just decide to hold you and your former SC members ( who only identify themselves as the SC on the privately owned - NOT by the Association) personally liable for their predicament!
> Sincerely, Sherry Rose
Sunday, April 12, 2015
The stupid runs deep with Bruner and gang.. They declare that Valle Escondido has been annexed and now is part of German Pacific Islands
As per an email recently sent to the homeowners from Bruner and gang it is their belief that the UN is now getting involved in VE business. Here is the exact quote:
" United Nations resolution 21, to which the Republic of Panama is a signatory, is that no one can be forced to join an association."
Ms. Bruner please clarify how UN resolution 21 applies...and exactly when we become part of the
German Pacific Islands. How clever of the UN to think of VEHOA back in 1947.
United
Nations Security Council Resolution
21,
adopted unanimously at the 124th meeting of the Security
Council on April 2, 1947, placed the former German Pacific Islands north of the Equator, which
were formerly mandated to Japan by the League
of Nations, under the Trusteeship System. The Security Council
declared 16 Articles under which it had approved the terms. It declared the
United States to be the Administering Authority and gave it permission to
militarise the territory.
Ms Bruner and gang, you have no legitimacy. The SC concept has been ruled illegal by the Panamanian Government. Please, you are making yourselves look like the fools you are. Don't go away mad, just go away!
If you insist on continuing then please address the following that has been asked of your group over and over. How can any of you be in any way legitimate based upon these undisputed facts presented below?
-Carol Bruner, self-appointed President of the previous SC, who has not stepped foot in VE for well over a year and a half, has admitted that she was appointed to an SC position where the person she replaced (Michael Burd) never resigned, nor was any resignation for that person ever accepted. By their own rules, you can only be appointed to that position if the resigning member votes with the majority for his/her replacement. Michael Burd never knew anything about Ms. Bruner's appointment to replace him and has signed an affidavit to these facts.
-Mary Jean "Jeanie" Bell has resigned on at least three separate occasions, with a copy of her most recent resignation available for all to view in an earlier blog post. Once you resign, you cannot just come back as you wish. There is a process and that process did not take place. Also note, that Ms. Bell has her property for sale and had indicated in emails that she wants out of VE as quickly as possible.
-There is the appointment of Pat Mains where the previous SC admits in writing that they took the vote of an SC member's spouse because they were "trying something new." They also admitted using the vote of Michael Traynor as an alternate to elect Pat Mains. The use of an alternate, or a spouse, is not contained in any of the CC&Rs, whether it be Deed 1937 or the 2010 document.
-Then there is the appointment of Larry Thompson. This same SC determined that Larry was not an HOA member and was not eligible to vote on VE issues because his condo is not titled. If you are not a member, how can you be a representative on the SC?
Blue helmeted UN troops patrolling VE and accepting homeowner dues!
Thank you Ms Bruner for the
proof all residents of VE need to see just exactly what a joke you and your
group have become:
You are now invoking the UN
to assist you in your efforts?
Given that I am traveling
internationally right now am I in danger of being arrested at a border by a
blue helmeted peace keeper?
Is the UN General Assembly
going to delay their efforts in Syria, Iran, Iraq and other hot spots to draft
a new resolution condemning the VEHOA Steering Committee?
Perhaps they can send Jimmy
Carter here to oversee the March election you failed to call?
I am certain I have read
they have a commission on skateboarding. Please ask them to include some
officials that can help us with this crisis.
Perhaps we now understand
why there has been no ruling by a Panamanian court on the legality of the Jan
12 election – the lawsuit was filed with the UN.
And yes, this is exactly the
kind of response your post deserves.
Dennis Griffin
PS: If you really want all
of this openness why not post full details, dates, court, attorney and other
pertinent facts of the lawsuit you keep referring to? Actually, you really do
not need to answer this question, we all already know the answer.
If the Tadasly trust is such
an egregious crime, why have previous SC's only talked about it and not filed
lawsuits to correct the injustice? We have all heard for years of this great
Panamanian fraud but you chose to ignore it when you were in position to do
something about it. Was the UN to busy to offer assistance?
Wednesday, April 8, 2015
Answer to Deb's email. Lets Focus on Solutions
Dear Deb, ( I hear you go by Deb)
We have never met and as a fellow neighbor surely we are all entitled to our opinions as we all should be as owners in VE. Based on your quote below from your email received, which was sent to me and it seems most owners.....I wanted to respond to you personally and hope the rest of the community can view my response if it makes sense and they like.
Here is your quote.........…..
"As homeowners, we moved here to lead a more relaxed life, not one filled with strife; with worry about home values or infrastructure; or concern about a developer fulfilling promises s/he made: these concerns are the real job of a proper Steering Committee; that is a Steering Committee properly appraised and elected by all the homeowners. Once the homeowners get a Steering Committee representing them, residents of the Valle Escondido can proceed to live the promise of a life they believed brought them here in the first place."
My family and I ( like most owners in VE) also did not move or invest here per above for "strife" and surely we are looking for this place to change for the better.
BUT, can we be objective.....I have never taken a side with any party in VE, yet I have been accused by many of doing so; many by owners I have never met. I speak my mind with complete objectivity and honesty, I try not to offend anyone and I have never attacked anyone unless I am defending myself from anyone who may have misspoken or been out of line about me or regarding what I know to be truth.
So, can I ask a few questions of you and hope you can agree to answer me objectively in an effort to help get us to that place we are all looking to go. Please answer and do not think I am in anyway attacking you, I would not do that. I am just confused sometimes as to what the arguments in this community are anymore. They seem to either get lost in grey or deflected away by future arguments.
So here we go with some questions.........…
* The SC members in the email sent from above, which of those were elected? Fact…None
* Where is a copy of the filed lawsuit they keep telling us about that confirms the recent election to be a fraud, etc and it will be ruled on shortly? Please email me and or the community a copy of that suit for review. Can you?
If they cannot produce it with a file & recorded date of over 30 days ago, well then, sorry, where I come from, that is a lie, that is what they have been telling the community for at least 30 days. Agreed?
* The SC members mentioned above, Did any of them resign? Yes, Jeannie Bell 4 times that we know of. So, they can legally just jump back on and off whenever they want? is that in any by-law of VE?
* Did that SC take our funds last year out of our HOA account and not tell the community it represented or ask?
Fact! Yes they did, and no they did not ask. It was about $30K, It still has never been given an accounting of the funds spent and or who was in control of them, I personally asked many times, no one would answer me. Not nice, wouldn't you agree?
* Was that SC ever "elected"? NO, Never, only self appointed!
* Was there ever an election where a POA confirming a legal representative of a property was the only permitted one to vote prior to the 1/12/15 election? If no, that means every election in VE to date has been essentially illegal. Wouldn't you agree? Otherwise we are just trusting anyone to say they own a property, seems odd or illegal to me.
* Did that SC and its advisers spend close to $100K of our money on legal fees and advisers without our permission or vote to do so in the past 2 years? Fact, Yes! What did we benefit from it? Fact: Nothing but heartache and divide.
* Did that SC ask the community to fire BCS last year, than buy them out of its contract and waste another $6K to $8K of our money to terminate them just to get rid of them early? Fact! They did, and no, they never asked us!
Have you compared the Apple to Apple expenses? I have. Golf cart purchase, plus owners having to purchase the gas each week, plus a gas cart that signals its travels 1/2 mile away to any would be burglars....Hmmm. does not seem to smart to me. How does this help our security?
* Is the VEHOA blog a community blog or a private blog like VE neighbors? Fact! 100% private as well! We do not have an unbiased/objective community blog. Shouldn't we have one?
* Are you aware that the HOA computer has countless emails (I am told in the HUNDREDS) from this past SC members mentioned and its advisers with countless emails attempting to lie, make up stories, fabricate histories of other owners in an effort to destroy and even blackmail those in VE who simply disagree with them?
Are you OK with this? Would you still support these folks if we get the proof and show you? This seems absolutely horrendous if you ask me. How could any human being be so hateful towards others over an HOA and or its issues? Very sad, I think! I was on the list!
* Are you OK that this group prepared a list titled "The Enemy List" of 60 property owners? What? named us enemy's! Very sad! This is who we are as fellow neighbors?
* Are you aware that their own "hired" assistant signed an affidavit to the fact that she had to be a part of the above 'illicit" activities and feels horrible about it now? Are you OK with this? Is this who VE is as a community?
* Do you think it is OK for this past appointed SC to tell VE owners not to pay their dues which is clearly an effort to further damage & help destroy our community. What will happen when it runs out of money, goes dark and turns into an abandoned rundown community? Are you OK with that? Do you not care that it could further destroy your property values?
So Deb, can I talk about possible solutions ( the community is really good at talking about fighting and creating massive dissension with each other ) maybe you and I can start some dialog which is focused on trying to acquire the peace you mention above.(I think we both want it. Agreed? )
How about this.......
1) Anyone who believes for any reason they have a legal issue with the developer for any reason agrees to form an independent party of owners who feel the same way and (I.E.) file a collective class action suit or take other action as they desire against the developer. This group can then share the legal expenses and they share in the outcome either in victor or defeat. But respect and keep us out who do not want to be part of it. What do you say?
2) Lets encourage and have every owner agree to pay their dues and obligations proportionately as required and all of those funds budgeted to be used 100% for our community where 100% of us benefit; such as roads, security, maintenance, upkeep, maybe a new entrance etc. Whadda ya say? Lets approve a budget.
3) Lets create a true HOA website independent of a private owner and agree it is for solutions, activities and other subject matter that is constructive, free from attack demonizing our neighbors.
4) Election? I am certain the recent election held in January was the most legal ever held in VE for a number of reasons and the BOD is registered with the Panamanian government to confirm so. Why would any owner oppose it and if so, what is the desire and the objective of those against with an alternative plan where the community would benefit?
5) No SC member or its adviser(s) can overtly or clandestinely attempt to hurt or injure any other owner for any reason simply because they disagree with them on community issues.
6) Maybe we look at hiring a community manager & adminstrator to oversee running our community, done properly it is a part time job and not to hard to manage.
7) We focus on coming together as neighbors instead of being divided. Get to know others where we do not and maybe form a different opinion of each other without the preconceived dislikes, what do you think?
Please, lets give this new SC a chance, I assure you they will sign a pledge to never attack, hurt, defame or injure another owner in VE,( unless they are biting back).
They simply want to help restore our community from the pain it has suffered. They are doing their best for free and quite frankly we do not have many left who wish to serve. So lets try and be less critical and more supportive.
Please encourage others to agree to this little outline of solution, we all win, no one suffers and we can move forward for all. Whadda ya say?
I personally think no owner has any right to complain unless they want to be part of the solutions. We have plenty whining about the problems or checked out completely as this place is falling apart. That is sad!
We have all suffered enough. Lets all empty the bullet chambers and focus on a better tomorrow!
Life is Short, lets make it better!
Will you help?
Anyone is free to send this to other owners who want to help solve our problems.
Mark
Friday, April 3, 2015
Community Unity!
As we begin April, 2015, with the admitted expiration of the old Steering Committee and the communities vote and acceptance of the new Board of Directors and their approval for the newly elected Steering committee to represent us, it is now time for all owners to put the past behind us ( as many owners already agreed to do) and focus on our budget along with insuring each and every homeowner pays their dues so this community can get back on foot for a better tomorrow;
So please, encourage your fellow neighbor to put the past behind them and support this new SC, support your property, and pay your dues.
Stay tuned, good things are coming for all owners of VE. We encourage all owners to put their past differences behind them for the good of all. Lets get Valle Escondido back on track with positive talk to restore our friendships and property values.
Your Neighbors
So please, encourage your fellow neighbor to put the past behind them and support this new SC, support your property, and pay your dues.
Stay tuned, good things are coming for all owners of VE. We encourage all owners to put their past differences behind them for the good of all. Lets get Valle Escondido back on track with positive talk to restore our friendships and property values.
Your Neighbors
Tuesday, March 24, 2015
Offer to shut down VE Neighbors "Trash Site"
Our Commitment:
A few VE "owners" have asked for the VE neighbors blog, or "trash" site as some regular readers call it, to be made private. This is not possible as it would require a password and we have not wanted those who wish to speak their minds to live in fear of others who might threaten or intimidate them.
We now have clear evidence the VEHOA.com blog is not, nor has it ever been a community blog, but rather it is a private blog solely for the benefit of its owner John Good and his "previous SC" conspirators. We will gladly post shortly and validate our claims that Mr. Good penned his own writings and put SC name's on such writings.
There is clear evidence that confirms all subject matter was / is 100% controlled by Mr. Good and was only for the benefit of the past SC and advisers hell bent on harming fellow neighbors and fostering lies about any person or entity they are not in agreement with. Many legitimate VEHOA members have been denied access to the VEHOA.com website and others have had their comment and posting privliges suspended by Mr. Good.
So here is our commitment. we will terminate and turn this blog off once Mr. Good either shuts off and terminates his private blog or turns it over in its entirety to the community for the benefit of the entire VEHOA. No more writings should be tolerated in this community to harm or injure fellow neighbors.
Contrary to some opinions, VE neighbors exists solely to have a voice to defend against those who could not get their voice on the VEHOA private blog. So this is our solution for our community.
Mr. Good? We challenge you to do what is right!
A few VE "owners" have asked for the VE neighbors blog, or "trash" site as some regular readers call it, to be made private. This is not possible as it would require a password and we have not wanted those who wish to speak their minds to live in fear of others who might threaten or intimidate them.
We now have clear evidence the VEHOA.com blog is not, nor has it ever been a community blog, but rather it is a private blog solely for the benefit of its owner John Good and his "previous SC" conspirators. We will gladly post shortly and validate our claims that Mr. Good penned his own writings and put SC name's on such writings.
There is clear evidence that confirms all subject matter was / is 100% controlled by Mr. Good and was only for the benefit of the past SC and advisers hell bent on harming fellow neighbors and fostering lies about any person or entity they are not in agreement with. Many legitimate VEHOA members have been denied access to the VEHOA.com website and others have had their comment and posting privliges suspended by Mr. Good.
So here is our commitment. we will terminate and turn this blog off once Mr. Good either shuts off and terminates his private blog or turns it over in its entirety to the community for the benefit of the entire VEHOA. No more writings should be tolerated in this community to harm or injure fellow neighbors.
Contrary to some opinions, VE neighbors exists solely to have a voice to defend against those who could not get their voice on the VEHOA private blog. So this is our solution for our community.
Mr. Good? We challenge you to do what is right!
Thursday, March 19, 2015
Carol Bruner says Charbit bribed local officials!
To Our Neighbors,
Once again, we are sorry for the continued "Chatter" by some in our community creating the disharmony. It does nothing to help us for a better tomorrow.
However, below is an email of serious consequences that could affect each owner in VE. Mr. Charbit's friend, supporter and previous colleague tells the whole story in this email; It needs no clarification of facts and deflection(s) by them should not be tolerated.
By their own admission, these individuals have possibly endangered the Valle Escondido community while then conducting themselves as leaders in our community. Is there criminal implications affecting all owners of Valle Escondido? We do not know. But, we should take these charges serious. We will get this to the proper authorities to insure the individual owners in our community are not liable for any of these potential charges should there ever be an investigation. We cannot take this matter lightly, given the state of Panama as it relates to public officials accepting bribes and the current news surrounding officials being sentenced to jail.
We have had enough of this groups devious actions. The deceptions should never be tolerated again by them in our community. To insure there is no deflection(s) this email breaks no confidentiality. It was passed along innocently over an unrelated, unresolved water issue in VE. The missed and deeper conversation in the email speak volumes in its content.
The recent, Poor Ole Me and my family as some kind of victims and "Ugly American" game of sympathy must come to an end. The entire community knows the truth! Also, email them and ask them if you made their "Enemy List". Yes, that is correct, the prior SC created a formal "enemy list" of around 50 owners. They actually titled it "Enemy List" and was found on the VEHOA computer. Unbelievable! Anyone that even questioned their actions was an "enemy". Enough said!
The contents of this message requires no author, harassment or deflection due to its truth. Do not let any party avoid its implications.
xxxxxxxx,
I am so very sorry. You know that the SC authorized the funds to install the booster pump and that Analia and Thalia NEVER responded to our requests for permission to install the pump. Given the history, don't you think they would have sued the VEHOA if the SC had initiated work involving THEIR water distribution system? Please remember that the water system has not been transferred to the VEHOA as required.
Now, Richard Charbit had Olga ask the SC members to "chip in" to his bribery fund. She said he had already paid $1200 in bribes to officials and it was not time for us all to "chip in." I, and others, were quite flabberghasted by that request. Isn't bribery part of the reason Richard was convicted for stock market fraud? Anyway, we asked him to resign and while Jon may want to blame the booster pump lack on that, the primary problem was that we could not obtain permission. I offered my land for the booster pump.
And, while you are attacking the SC, let me point out it was the VE Neighbors' and Richard Charbit's cohort, Julio Brown, who made it impossible for us to pay for the booster pump installation, if we had wanted to do it without authorization. When Richard resigned, he not only threatened to sue Jeannie and me, he also said that he "will bring you down." His ability to control Julio Brown's actions from behind the scenes is not obvious to some. Yesterday the guards reported that Julio, Richard and Olga drove up to the guardhouse area, parked, Julio got out and walked some distance to the VEHOA office which he entered and then exited. We are wondering what he was doing there and why. We know that Olga gave him the password to the VEHOA computer minutes, urging him to get into the computer before we changed the password. That was immediately before she resigned. We have her email to him.
It may now be the time to bring in IDAAN to study the problems with water and sewage.
How much more criticism do you want to throw at us, XXXXXXX? It appears that you are still quite angry about how they dumped you. I was not a part of that and don't want to be a recipient of your anger. I don't think you fully appreciate how insidious the VE Neighbors are. This morning I was called psychopathic along with everyone else by an anonymous letter writer. It's not much fun.
Happy New Year,
Carol
Once again, we are sorry for the continued "Chatter" by some in our community creating the disharmony. It does nothing to help us for a better tomorrow.
However, below is an email of serious consequences that could affect each owner in VE. Mr. Charbit's friend, supporter and previous colleague tells the whole story in this email; It needs no clarification of facts and deflection(s) by them should not be tolerated.
By their own admission, these individuals have possibly endangered the Valle Escondido community while then conducting themselves as leaders in our community. Is there criminal implications affecting all owners of Valle Escondido? We do not know. But, we should take these charges serious. We will get this to the proper authorities to insure the individual owners in our community are not liable for any of these potential charges should there ever be an investigation. We cannot take this matter lightly, given the state of Panama as it relates to public officials accepting bribes and the current news surrounding officials being sentenced to jail.
We have had enough of this groups devious actions. The deceptions should never be tolerated again by them in our community. To insure there is no deflection(s) this email breaks no confidentiality. It was passed along innocently over an unrelated, unresolved water issue in VE. The missed and deeper conversation in the email speak volumes in its content.
The recent, Poor Ole Me and my family as some kind of victims and "Ugly American" game of sympathy must come to an end. The entire community knows the truth! Also, email them and ask them if you made their "Enemy List". Yes, that is correct, the prior SC created a formal "enemy list" of around 50 owners. They actually titled it "Enemy List" and was found on the VEHOA computer. Unbelievable! Anyone that even questioned their actions was an "enemy". Enough said!
The contents of this message requires no author, harassment or deflection due to its truth. Do not let any party avoid its implications.
On Dec 30,
2014, at 11:12 AM, Carol Bruner <carolbruner@cox.net>
wrote:
xxxxxxxxxxx,xxxxxxxx,
I am so very sorry. You know that the SC authorized the funds to install the booster pump and that Analia and Thalia NEVER responded to our requests for permission to install the pump. Given the history, don't you think they would have sued the VEHOA if the SC had initiated work involving THEIR water distribution system? Please remember that the water system has not been transferred to the VEHOA as required.
Now, Richard Charbit had Olga ask the SC members to "chip in" to his bribery fund. She said he had already paid $1200 in bribes to officials and it was not time for us all to "chip in." I, and others, were quite flabberghasted by that request. Isn't bribery part of the reason Richard was convicted for stock market fraud? Anyway, we asked him to resign and while Jon may want to blame the booster pump lack on that, the primary problem was that we could not obtain permission. I offered my land for the booster pump.
And, while you are attacking the SC, let me point out it was the VE Neighbors' and Richard Charbit's cohort, Julio Brown, who made it impossible for us to pay for the booster pump installation, if we had wanted to do it without authorization. When Richard resigned, he not only threatened to sue Jeannie and me, he also said that he "will bring you down." His ability to control Julio Brown's actions from behind the scenes is not obvious to some. Yesterday the guards reported that Julio, Richard and Olga drove up to the guardhouse area, parked, Julio got out and walked some distance to the VEHOA office which he entered and then exited. We are wondering what he was doing there and why. We know that Olga gave him the password to the VEHOA computer minutes, urging him to get into the computer before we changed the password. That was immediately before she resigned. We have her email to him.
It may now be the time to bring in IDAAN to study the problems with water and sewage.
How much more criticism do you want to throw at us, XXXXXXX? It appears that you are still quite angry about how they dumped you. I was not a part of that and don't want to be a recipient of your anger. I don't think you fully appreciate how insidious the VE Neighbors are. This morning I was called psychopathic along with everyone else by an anonymous letter writer. It's not much fun.
Happy New Year,
Carol
Monday, March 16, 2015
Homeowners Views. Clear, concise and accurate
I agree with Dennis that engaging with the former SC and their cohorts is more than a waste of time!They are NOT policy makers nor the voice of the majority of the residents as much as they want to be! Our legally elected SC is too busy getting necessary work done for the benefit of the community to waste time responding to ridiculous challenges.Did I miss the Security Survey sent to residents when the former SC was in the process of replacing BCS with Blasco? NO. There was no survey or conversation; it was a unilateral and secretive selection process without bids to break a legally binding contract without concern for the resident's wishes or the law of Panama. Now they want to champion their choice!Did the former SC accomplish their primary goal to transfer the infrastructure? Even when they offered to take it "AS IS", they couldn't get it done. There were certainly enough legal fees billed to the HOA to accommodate that activity.Our new SC is too busy cleaning up after the old illegal group to respond to their vapid and inconsequential challenges. Our new SC has not only produced our 2015 budget with HOA dues invoices, but is doing the 2014 "actually spent" budget close out.Our new SC is working on the transfer of the infrastructure which was left dangling by the former illegal SC although that was their stated primary goal.Our new SC is busy writing criteria for bids for an apple to apple comparison of security companies to retain a vendor who meets the needs of our community.Our new SC is busy acquiring an official HOA website for our community that can not be hijacked by individuals for a propaganda site of hate and bigotry.Our new SC is busy doing what the community elected them to do: restoring legitimacy, trust, and services to our development that affords the residents confidence and retained property values in their community!Our new SC is on the high road as there are no achievements on the low one!The former SC has taken the low road with lies, threats, and continual complaining, and absolutely nothing to show for it except all our money spent on attorneys!
Thank you, new SC and Dennis, for walking where the air is thin but the rewards to our community are thick with hope and achievement!Sherry Rose
Sunday, March 15, 2015
Update from your Steering Committee - March 15, 2015
First, a note from me directly:
I have been pressed by several persons to be a bit harsher on some of my updates. I have also seen several emails addressed to me but sent to the entire community with questions and statements that are not intended to benefit or advance VE in anyway. I am saying no to both requests.
I shall not answer any email / question that is only being sent to spread confusion and misinformation. Also, I do not intend to post anything in an update that does not further homeowners understanding of any given situation.
And to preempt the response I know is coming, there was one post by me personally a few weeks ago that was rather harsh. That post was in response to a blatantly racist post. I do not apologize for that strong response.
Dennis Griffin
I shall not answer any email / question that is only being sent to spread confusion and misinformation. Also, I do not intend to post anything in an update that does not further homeowners understanding of any given situation.
And to preempt the response I know is coming, there was one post by me personally a few weeks ago that was rather harsh. That post was in response to a blatantly racist post. I do not apologize for that strong response.
Dennis Griffin
------------------------------ ---
Good Day All.
Several updates, the big one being invoices will be out either today or tomorrow.
Office and new Administrator:
We have the HOA office back in operation. It is all clean and shiny and even had a vase of flowers. Thank You Antonieta. We also have a new part time administrator to help out. Many of you already know her, Beverly Pineda who used to work at the hotel. I hope many of you will stop by the office and say hello. She is very eager to meet one and all and I believe is going to be a great asset to the HOA.
For those who wish to discuss anything with a member of the SC we will be in and out of the office at irregular times. If you see one our cars stop by, we will try to keep the coffee fresh.
For the short term the general hours of the office will be 9-12, 1-4. Once some of the back log is caught up we will probably cut that down to three days a week. Do be aware Beverly does run some errands for the HOA so the office might be closed occasionally while she is away.
As you may recall a new accounting system was purchased and installed last year by the previous committee. The conversion from Quickbooks to Peachtree was started last April or so but never completed. As an example, Peachtree was used to record checks but no receivables were ever entered. There are other similar type issues that will make getting 2014 books in order a challenge.
Security:
As was included in an update on February 10th and repeated a few days ago, our former security company, Blasco did not have the proper permits to carry firearms. We attached a copy of the license that is required of an individual to carry a firearm. We got that from one of the BCS guards.
When Blasco departed we did have them sign a hold harmless agreement. That agreement stated that the lack of proper licensing was a prime reason for not renewing the contract. They signed that statement.
As I have repeated several times there will be a short survey put out before we sign any long term contract with any security company. It will be a legitimate survey that will have as it's only goal to get realistic feedback from the community as to what is desired and expected from our security company.
I have also seen or heard several comments from owners about partnering with the developer on security. The reality is the contract we are working on makes this an equal partnership. If the developer and the HOA cannot agree on a joint company we simply each hire our own company again. Neither group controls the gate. We both do. Exactly as was happening for years prior. Los Molinas has a similar situation, resort and homes, and they have successfully used this team approach for several years.
Bank, Dues:
The promised invoices will be out either today or tomorrow. One reason for the delay is trying to get the credit card system in place. We are still working on this but will include on the invoice multiple payment methods. There are several very quick methods for cc usage but they tend to be very pricey. Paypal in Panama is pricey but it solves all of the international transfer issues. Paypal in the US is about 40% less but comes with a serious side issues of moving the money to Panama. We are working on a third and better option but it will take a bit longer to get set up. We requested the password for the lower cost processing site that had been setup and used in the past however…
This year we will be accepting US checks, Panamanian checks, cash (you have to deposit that yourself) and wire transfers and hopefully credit cards.
Attached on the email sent directly to each homeowner is a copy of the government stamped Board of Directors registration, a copy of the sequester release as well as a copy of a deposit made a few days ago into the VEHOA account at Global Bank by one of the homeowners.
Other News:
There seem to be repeated emails regarding the legality of the January 12th election and the corresponding legality of the Board of Directors. You can see the government stamped attachment to this update that was sent to your email, or come by the office and see the original.
Also, if you are not receiving these emails to your own email address, please send your correct email to veneighbors@gmail.com, and we will make sure you are on our lists. We don't want to miss anyone. You might also check your spam folder.
Steering Committee 2015
Antonieta
Dennis
Joel
Sandy
Stan
Friday, March 6, 2015
TIME FOR TRUTH ABOUT THE JANUARY 12 ELECTIONS
To the
authors and the "previous" SC who sent out this "reply"
I must point out the clear untruths and lay out the facts of the January
12, 2015 election. I have no problem signing my name and giving background and
knowledge of the issues raised in the their "Initial Reply to Paz
Moreno" below.
I have
lived in Valle Escondido for over five years and have invested more than
$800,000 in properties in this development. I currently am the legal representative
of numerous corporations that own properties in Valle Escondido with full
membership and voting rights as verified by the Public Registry. My points
listed in RED after each of the numbered issues
raised below are based upon extensive review of the facts and consultation of
no less than 4 different Panamanian attorneys in regards to the legality of the
January 12th election. The question I need to ask is if the
"authors" of this are going to truthfully address the points I bring
up or will they deflect with attacks and deflections?
Your
mixed messages as a group are completely hypocritical as I will point out in
this email; Your own SC Chairman called you illegal ( see below). So what is
it, you cannot have it both ways. Your own SC Chairman called all of you
unflattering names ( see below) Your own SC Chairman called for an
"Emergency Election " because you were illegal (see below), We had
one. Your call as to defining who is a homeowner via POA etc.(see below), by
your own definition, validates that your "appointments" by your own
words were completely illegal. Please once and for all get your stories
straight as one and tell the community by law not emotions what legal grounds
you stand on. We are proceeding as a community without your further
dysfunction and disruptions. Surely you must see how embarrassing you look
collectively to our VEHOA membership. It is now time to stop!
Support this legally elected Board of Directors working with the “elected
SC” for the best interests of all property owners, the continued noise you
offer has very very little support in Valle Escondido.
If you
feel that your legal challenges has merit then file a suit accordingly but stop
lying to the VEHOA community that there is some kind court ruling forthcoming
that will invalidate the January 12 election results. If you objectively look at the facts I present
in RED, the VEHOA membership will quickly realize
that it is the “authors” of this reply that have acted “illegally” and until
they are willing to address each and every point made in RED they just need to accept that the VEHOA membership
has spoken.
I have
the right to speak out for the truth as I have been the primary target of your
lies, falsehoods and deceptions.
Ralf
Henrich
MY Replies
are in RED!
Initial
Reply to Paz Moreno
Lic. Paz
Moreno Notification to some Home Owners of Valle Escondido/Notificacion a
Residente de VE. (March 2nd, 2015)Dear Lic. Paz Moreno,
We will send a more formal reply but let me correct some assumptions in your letter sent 02 de marzo 2015.
The alleged "election" held 12 enero 2015 failed to consider the following:
1. As
Lic Julio Brown can confirm to you the Valle Escondido Asociation de
Propietarios (VEHOA) General Assembly and election for a new VEHOA
Board of Directors was held in mayo 2014. Many more homeowners
voted in this election than in the 12 enero 2015 election and a new VEHOA Board
of Directors was elected to serve our community. Each of these new BOD
members have two (2) year terms that expire in mayo of 2016. That means
their terms continue for another year. The May 10, 2014 election/vote
was not valid as insufficient notice was given of the meeting (per both Deed
1937 & the 2010 CC&R's) and insufficient delivery of the supporting
documents was provided. Furthermore, advance notice was provided in writing to
SC of same & they proceeded with the meeting regardless. At least one attorney
present at the meeting notified the SC that it was conducting an illegal
meeting according to Panamanian law. also Deed 1937, the only valid governing
document, as per MINGOB, clearly states that a board of directors must be
elected by 51% of the entire VEHOA membership which for the May elections would
have been 76 votes in the affirmative which was not met.
2.
We
have had two resignations from this VEHOA BOD. According to the 1937
Deed, the By-laws for the VEHOA created by deceased Developer Samuel
Taliaferro, the remaining Board of Directors members would vote on the
replacements for their Board, not the VEHOA. Please read the 1937
Deed. Your position appears to totally disregard the stipulations in this
document. See above as to why your
May election failed to properly elect the BOD you reference. Please also
explain how Antonio Palacios , Olga's "husband" and Richard Charbit's
employee, got on the BODs as he was never elected in the May election nor was
he ever on the ballot. Also, why did the SC chairman at the time write: “With no Board of Directors, as we only have 2 active members and 1
will resign soon, and no valid SC I am calling an Emergency Homeowners Election.” (a
full copy of the blog post this was taken from is below). Are you calling
Richard Charbit a liar? Once Javier Espinosa, the President of the VEHOA, as per the public registry, was informed that MINGOB ruled the SC concept
invalid, he did the proper and legal thing based upon the VEHOA's lawyer's
advice of calling for a new BOD election, which met all the legal requirements,
so he could subsequently resign.
3. Furthermore, the
"election" held 12 enero 2015 failed to consider that there were two
terms on the VEHOA Steering Committee that do not expire until 31 marzo 2016.The
people who were "elected" were not designated as to which terms they
would be serving: i.e., one or two years. Once again, MINGOB ruled, in a
notarized Government resolution,that the 2010 CC&Rs, the document that
"created" the SC concept was never submitted to them which is in
direct violation of Deed 1937. VEHOA can only legally operate under Deed 1937.
On top of that, even if the SC concept was legally recognized you refuse to
accept the fact the none of the existing members are in any way legal based
upon the 2010CC&Rs you still claim, contrary to a Panamanian Government
Agency ruling, as the governing document. Here are the facts of the SC you
claim is legal and please address these facts once and for all. This was taken
from the VEneighbors blog:
We wish the past contentiousness
was over and that the community could move forward together. However, we must
pose a few important legal points and questions to them and request, for once
and for all, an answer to the entire community. Honest answers will provide
clarity as to the illegality of the previous SC.
-Carol Bruner,
self-appointed President of the previous SC, who has not stepped foot in VE for
well over a year, has admitted that she was appointed to an SC position where
the person she replaced (Michael Burd) never resigned, nor was any resignation
for that person ever accepted. By their own rules, you can only be appointed to
that position if the resigning member votes with the majority for his/her
replacement. Michael Burd never knew anything about Ms. Bruner's appointment to
replace him and has signed an affidavit to these facts.
-Mary Jean
"Jeanie" Bell has resigned on three separate occasions, with a copy
of her most recent resignation available for all to view in an earlier blog
post. Once you resign, you cannot just come back as you wish. There is a
process and that process did not take place. Also note, that Ms. Bell has her
property for sale and had indicated in emails that she wants out of VE as
quickly as possible.
-There is the
appointment of Pat Mains where the previous SC admits in writing that they took
the vote of an SC member's spouse because they were "trying something
new." They also admitted using the vote of Michael Traynor as an alternate
to elect Pat Mains. The use of an alternate, or a spouse, is not contained in
any of the CC&Rs, whether it be Deed 1937 or the 2010 document.
-Then there is
the appointment of Larry Thompson. This same SC determined that Larry was not
an HOA member and was not eligible to vote on VE issues because his condo is
not titled. If you are not a member, how can you be a representative on the SC?
4. The people who were
"elected" were not designated as to which terms they would be
serving: i.e., one or two years. The Board of Directors elected are serving their terms as per Deed
1937 and the "new SC members" are serving informally with the
approval of the BODs until such a time that the 2010 CC&Rs, with the
amendments, as approved by MINGOB as required under Panamanian law is appeoved. All legal decisions for
the VEHOA are only valid with the approval of the elected BODs. Once the SC
concept is approved, the terms for SC members,as designated in the proposed new
CC&Rs, will be announced to the VEHOA membership.
5. The Steering Committee has a
legitimate claim that the VE Neighbors and Lic. Julio Brown who orchestrated
the 12 enero 2015 "election" selectively disenfranchised many
property owners in Valle Escondido. Many of us were not notified about
all of the aspects of the purported "election." We were not
included in their mailing list. That is fact.
Julio Espinosa
Brown has already provided evidence that proper notification went to all
homeowners as per the VEHOA email list he had from when he was hired. On top of
that he, as well as numerous individual VEHOA members, requested that the
"old SC" in power and in control of the VEHOA email account anf the
VEHOA.com website make proper notification and you refused. The "authors
of this "reply" actually did everything they could to prevent
notification. Here is a sampling of Blog Posts on our VEHOA.com community
website which made notification of the elections and were "REMOVED BY YOUR STEERING
COMMITTEE", now these same individuals are trying to
claim now that property owners were disenfranchised by the actions of others?
Really?
REMOVED BY YOUR STEERING COMMITTEE DUE TO FALSE AND MISLEADING
INFORMATION
REMOVED BY YOUR STEERING COMMITTEE DUE TO FALSE AND MISLEADING
INFORMATION
REMOVED BY YOUR STEERING COMMITTEE DUE TO FALSE AND MISLEADING
INFORMATION
6. Note
well that several of these excluded, disenfranchised property owners are
owners of multiple properties, thus disenfranchised multiple times. (por
ejemplo, 10 votas para 4 propietarios). See above. Also know that the "YES" vote for the CC&R
changes and the Board of Directors was 59 legal members which is higher than
the "YES" vote for the BODs at the May election you reference.
7. Furthermore,
this was the first time that property owners were asked to provide, on very
short notice, a notarized proof of title to their homes or a notarized
Power of Attorney from their corporation or foundation enabling them to vote on
behalf of their property or properties. This has never been required in
previous VEHOA elections. This was a serious disservice to absentee
property owners and effectively disenfranchised them from voting in this 12
enero 2015 "election. This should have
been a requirement all along and through this process, in which VEHOA members
were verified by the election inspectors through the Public Registry, is was discovered
that people who had previously voted in the May election were not legally
affiliated with the properties they claimed to represent. It was actually the
"old SC" that previously announced that all votes, after the budget
vote would require, verification of membership. Now you same people have the
gall to say that this was never required when you yourselves made it mandatory?
Here is the VEHOA notification with some excerpts taken from it:
Definition of Property Owner.
What defines you as an Owner of Property in Valle Escondido,
Powers of Attorney, Proxy Forms, Good Standing Letters... To Vote
you will need 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. 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. 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.
Steering Committee and
Board of Directors
VEHOA
Board of Directors
VEHOA
8. In
previous VEHOA General Assemblies held in 2013 and 2014, the Steering Committee
has enabled Skype connections so that absentee property owners could attend the
General Assemblies. Deed 1937 is explicit that voting must be in person or via proxy.
Skype is not a requirement to having a legal meeting or vote.
This was not
provided for the 10 and 12 enero General Assembly meetings and effectively
prevented many of our VEHOA members from participating in those two
meetings. We know that the Bambu Room has the capability to set up Skype
connections as we have arranged that several times before. The January 10 & 12 GA meetings/election were called by the
VEHOA President, Javier Espinosa, who followed the legal meeting requirements
as recommended by the VEHOA attorney. Skype attendance would not have met the
legal requirements of verifying a quorum and voting as one needed to provide
legal proof of membership as mandated by the "Old SC".
9. Why
are you, as a licensed attorney not concerned about these facts?
Do you believe in the democratic process? Or is democracy in
Panama limited? Democratic process? The full membership was invited to attended a
meeting and election in which the "old SC" was ask to participate in
and run for election on numerous occasions yet all you did was obstruct and
deny notification. What is more democratic than getting elected by the
membership one claims to represent, especially in light of the fact that none
of the members of the "old SC" were ever elected as demonstrated
above. Why if you felt/feel that the VEHOA membership supports you platforms
and actions did you just not run your own slate of candidates. Why are there still
only 4 "old SC" members? Why was Dennis Griffin turned down for a
position on the SC after Bill Day interviewed him yet one position still
remained open?
10.Valle
Escondido contains many citizens of the United States, Canada, and
England. We revere our right to vote. We respect the rule of
law. And we will stand up for our rights to vote in legitimately called
VEHOA General Assemblies. The January 10 & 12 GA meetings/election were
legitimately called. As stated earlier no less than 4 Panamanian attorneys,
including Juan David the attorney Bill Day and Paul McBride hired, that any
member of the VEHOA membership can call a meeting. This meeting and election
was called by Javier Espinosa, the legal President of the VEHOA BODs in light
of the fact that MINGOB issued a resolution which clearly demonstrated that
under Panamanian law the VEHOA's 2010 CC&Rs were never submitted and
approved leaving us under deed 1937.
11.I do not
find an attachment re: Parks with your email.
12.Our VEHOA
Steering Committee and VEHOA Board of Directors understand that the Garanty
Tadasly Trust must be nullified, dissolved, revoked, in order to achieve the
transfer of the VEHOA infrastructure assets. What steps have you taken to
accomplish this goal? We understand that you as the Promotora
cannot transfer the Valle Escondido infrstructure assets that are vested into a
trust instrument
13.
I am forwarding your letter under
blind copy to many homeowners who appear to not be included on your
mailing list. Who is I?
Regards,VEHOA Steering Committee
Bell
Bruner
Mains
Thompson
BELOW ARE BLOG POSTS FROM THE SC CHAIRMAN IN REGARDS TO THE “OLD SC”
(Title edited by John Good, WebMaster)
Julio Espinosa was
hired by a unanimous vote of my SC. His contract calls for a retainer of
$850.00 a month for 17 hours and $50.00 an hour after that plus unlimited
emails and phone calls and his presence at 2 meetings.
The contract was
approved at the time by al least a majority of SC members. It was in
replacement of Juan David Barcenas which charged us over $10000.00 for the
first quarter of 2014. The Agreement with JDB had been negotiated by Rod Parker
and Carol Bruner and called for a retainer of $2000.00 a month for a few hours
a month plus $175.00 an hour for the extra hours plus reimbursement of all
traveling expenses every time he flew to Boquete.
Julio’s $4000.00
bill that included 2 overdue invoices for $1000.00 each for the months of
August and june 2014 and the current invoice for $2000.00 for October. These
invoices were approved by 3 members of the SC including me.
The so-called SC composed of only 1 legitimate member
only (unable to fulfill her function) has made some very bad decisions:
-Taking the funds
out of the VEHOA bank account, for some stupid reasons, and putting those funds
in their personal lawyer’s account.
-Pretending to be capable to run the SC without the
presence in country of any legitimate member.
-Delegating power
to accept and approve payment on all bills by Bill Day (not a member or
official adviser of the SC).
-Allowing Mike Traynor to run the legal side of the
Association without a Panamanian law license.
The list goes on
and on….
Richard Charbit
78/105/147
Steering
Committee Coup The Steering Committee is trying to screw the VEHOA by
following Bill Day´s private agenda once again!
This Saturday I was
asked to resign by Jeannie Bell and Carol Bruner stating I am unable to perform
my duties due to fact I am not in the Panama. I refuse to resign as we are in
the midst of negotiations and the dissidents of the SC which comprise of Carol
Brunner and Jeannie Bell met at Bill Day's house illegally and voted Pat Mains
in the SC, they are conspiring to fire Julio Espinosa which will cost the VEHOA
money since he has a 2 years contracts and have excluded Olga from all
communications, they want to hire a new lawyer that is not qualified, so that
he and Bill Day can negotiate a deal privately and without the involvement of
the VEHOA, It seems like in a corrupt switch they are attempting to negotiate
the return of their memberships and the cancellation of their lawsuits against
throwing the home owners under the bus.
With no Board of Directors, as we only
have 2 active members and 1 will resign soon, and no valid SC I am calling an Emergency Homeowners Election.
I am appalled by these dishonest
backstabbing maneuvers and will resign as Chairman of the SC as soon as the
special meeting is legally called.
Best
regards
Richard
Charbit
Response
to Request for VEHOA Members' Indication of Support or Nonsupport....
It seems like Mr.
Mike Traynor, self proclaimed lawyer in Panama and unlicensed to practice law
in this country, and continuosly offering advise that could hinder the VEHOA
and SC and writing documentation such as this, could once again harm the VEHOA.
This
is as low as they can go to protect their private personal agendas. This is a
SCAM. This has been designed by a hand few who are affected by loss of
memberships and personal lawsuits, who are too affraid of any personal actions
and now want to use their stay in the SC to protect themselves and have now
endorsed Ralf who they were highly critizing before in order to protect
themselves.
This
is a lie..... Marguerite Heffner did not vote on anything. There was no 3
people vote and how can there be an SC vote without a formal meeting with all
members invited. Furthermore, we have written proof of the Heffner´s
disagreement with the SC and their non vote.
The
acts of Jeannie Bell and Carol Bruner together with Bill Day and Mike Traynor,
who had a secret meeting and had Mike Traynor vote as an alternate, where he
was not, he had resigned (see below), in order to meet quorum and VOTE OFF
Marguerite from the SC without her knowledge or consent, and further conspire
to change legal representation which will financially hurt VEHOA and stall the
negotiations with the Developer in order to protect their own personal
interests are despicable.
This
communication is full of lies and misleading facts. I have been opposed to the
fact that the dropping of personal lawsuits against Jeannie Bell and Carol
Bruner and the reinstatementes of QBCC memberships are made part of the TOA
negotiations and this of course, brought me enemies. I do not have a hidden
agenda, they obviously do. I called for elections.
There is no SC at this time. There is
no legallity to Pat Mains in this SC. The legitimate SC is comprised of
Marguerite and Richard, and this phony SC created ilegally by these people for
their own personal grain, throwing the VEHOA under the bus with that.
We want and demand elections whether
they approve of these ilegallities or not. We want a new SC who is not
fraudulent, who will move with the TOA transfer in a fair and open way, without
hidden agenda, and we want a VEHOA that is legally within the laws of Panama,
with a full Board of Directors as required by law. Right now you have 2
members, one of which will resign the day of the elections, therefore, please,
lets see through these few, who are known in VE to put their personal interests
before anything else.
I will resign as soon as the elections
are properly and legally organized not like this pathetic message with
anonymous Inspector.
I urge the whole community to demand the resignation of these people who will not hesitate to push all the home owners under the bus to further their own financial interest
I urge the whole community to demand the resignation of these people who will not hesitate to push all the home owners under the bus to further their own financial interest
All
the best to you all,.
Richard
Charbit
SC chairman
SC chairman
Dear Homeowners:
There have been plenty of speculations and attacks from both the SC
and the VEneighbors in regards to the upcoming call for a General Assembly to
elect a new Board of Directors and Steering Committee.
Many of us want an end
to the ongoing fighting, character assassination, unnecessary expenditures of
Homeowners funds and of course, the long overdue transfer of the assets and
infrastructure; however, I feel much of the essence and important issues are lost
in a power struggle between two groups.
Let´s analyze this on a cool head and see the pros and cons of this January
election and why I strongly oppose we participate.
1. Deed
1937 has been deemed the ONLY governing set of bylaws for the VEHOA, according
to the Ministry of Government of Panama. This letter puts to rest the ongoing
debacles whether the Steering Committee has authority over the Board of
Directors, and the powers of each entity. Simply put, the Steering Committee
DOES NOT exist and DOES NOT have any authority under Deed 1937, therefore any
and all decisions must be made by the Board of Directors and all Homeowners
must adhere to any decision they make
This raises a HUGE RED
FLAG. We have a Board of Directors now, that in essence has resigned for the
most part, however, I am sure, will assist in a transition to a either a new
set of legally registered and government approved bylaws or a dissolution of this
HOA.
Who are these people
on the suggested new Board of Directors ballot and why no explanation or
background is given to the Homeowners who must vote for them? Do the Homeowners
realize that if we install a new Board of Directors, whom we know nothing about,
we are handing out on a silver platter all decisions and power of the VEHOA to
a group of virtual strangers, whom we know nothing about or what their
availability, intentions or purpose is. Why is the new or temporary Board of
Directors not composed of 5 Panamanian Homeowners of property in Valle
Escondido? We know for a fact, there are more than 5 homeowners who are
Panamanian nationals who have vested interest in Valle Escondido.
2.
If it has been determined
that the Steering Committee is not a legally recognized decision making force
in Panama, and has no validity because the 2010 CC&R´s are not registered
with the government, the question is, WHY ARE WE ELECTING A NEW SC? Many homeowners
do not know the 6 suggested members and no explanation, background or
qualifications is offered. Who are they? Are they full time residents? How long
have they lived in Valle Escondido? Are they title holders of their properties
or at least have a legally notarized Power of Attorney signed by the Legal
Representative of the corporation that owns their property
What should be voted
upon and installed is a temporary committee who will oversee that a new set of
bylaws is drafted, voted upon and approved by the majority of the Homeowners,
which will then be duly registered and presented to the Ministry of Government
for the required approval. Then and only then, you may call for elections of a
formal Steering Committee who will have some kind of authority, always keeping
in mind, that in Panama, the Board of Directors is the main authority in any
corporation.
Given the many
disagreements over transfer of assets and bylaws, it is in the best interest of
all Homeowners to dissolve the VEHOA and either incorporate to the municipality
or create an entirely new entity with a complete new set of governing rules,
where the Resort and all commercial lots are a part of, paying their
corresponding dues and assuming responsibility and liability, just like any
other Homeowner, on assessments and other matters. Why is there a
permanent exemption of dues on lots owned by family members of the Developer?
Why is there a permanent discount for condo owners of their yearly dues, yet
Boca Rio condos pay the same amount as everyone else? Or better yet, why even
have an association? It has been proven over the years that all residents and
homeowners of Valle Escondido never agree on matters that the ongoing fighting
and character assassination has been a patter for nearly 10 years.
So, the solution is
simple. Hire an experienced lawyer, who will draft a brand new, from scratch
set of bylaws, taking in to consideration the approved 2010 bylaws, the new
amendment suggestions, the approved Rules of May 2014, and the new issues we
face; present it for Homeowners review and approval and get it duly registered
with the Panamanian government or complete dissolve the VEHOA and become a
co-op or integrate to the municipality of Boquete.
3.
Transfer of Assets and Infrastructure: the main goal and long
overdue responsibility and obligation of the Developer. There are many
discrepancies with the master plan and how the valley was developed, missing
permits and concessions such as ANAM and MIVI, the issue with Union Fenosa
where the original plans were not approved and shortcut was taken in order to
not meet their requirements, which has turned in to a disaster that costs all
Homeowners nearly three times what their regular electric bill should be on a
monthly basis, plus many deficiencies in the overall power supply of the
community. Unmetered areas that the HOA gets billed for, municipal water being
used for years without paying a penny to the municipality of Boquete, no
concessions for ANAM, no control over the WWTP, no sidewalks, no street
lighting, deficient roads not built to standard or according to the approved
Master Plan, unfinished roads…., and the list goes on. Somehow, between all the
fighting and division amongst Homeowners, the main objective has been lost in
translation. Why are not fighting together to get a commitment from the
Developer on how these impending issues will be resolved. Although they can
allege a thousand times there is wear and tear, the deficiencies, faults and
non-completions are undeniable. Where are the sidewalks? Where are the missing
roads and the repairs to those streets not built to standard or according to
plan? Where is the required law compliant signage? Where is the street
lighting? Do we have a financial commitment to bring up the electric in the
valley to Union Fenosa standards, even if it’s a portion of the costs? Where are
the ANAM concessions and why do we continue to illegally take water from
Boquete´s municipal source?
In conclusion, let us
sit back for a minute, read, think, analyze……….Do we want the main legal
authority for the VEHOA in the hands of strangers? Do we want to continue
electing Steering Committees that have no legal muscle? Do we want to continue
to live divided into factions, getting nothing accomplish but to dislike our
neighbors? Do we want to continue living with outdated bylaws that do not
conform to our needs? Do we even want to be part of the VEHOA? Would we rather
dissolve the VEHOA and start from 0 with an entirely new set of governing rules
or better yet, be totally independent? Do we want to continue with poor
infrastructure that does not meet guidelines? Do we want to continue without
sidewalks or street lights that comprise our safety?
Let us put our
differences aside, stop the division between the owners and concentrate on real
issues, this is long overdue.
We need to use this
scheduled election date to choose what we really want to do as an Association,
and decide if we start from 0 and dissolve VEHOA, or if we amend the current
bylaws. We need to appoint not a new Board of Directors, but we need to select
a group of 3 Homeowners, who have lived in Valle Escondido long enough to know
the real issues at large and who spend more than 60% of their time in Panama in
order to steer us in the right direction. If the Homeowners choose to keep the
VEHOA intact, then, once a new set of governing laws is approved by the
government, a new Board and Committee can be elected to assure the
infrastructure and asset transfer is completed, or this temporary group can
lead the Board of Directors, with Homeowner´s approval into a dissolution of
the Association.
Please, reflect on
this, and comment on whether you support the path we are on, or if you are pro
a REAL change and want to make either a new set of bylaws or dissolve the VEHOA
altogether like many Homeowners have expressed. Please note, this is not an anti-developer,
anti-SC, anti-VEneighbors post, but rather a reflecting note and what the real
issues are and the focus shift of Homeowners.
I will boycott the
upcoming vote because it has been prepared inefficiently, in a haze, with
possible gave consequences for all homeowners.
Richard Charbit
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