MORE responses to Mr. Johnson's email to VEneighbors

<sup>***Mr. Johnson's email to which these answers are referring is shown at bottom of this post.

Mr. Johnson:</sup>

^{You have quite a bit of anger in your email, some of which seems to be fueled by misinformation.}

^{·          for example, over 70 people have signed the declaration to remove this (illegal) steering committee, by name. Most if not all have posted their names on the blog.}

^{·          What is the big rush to have an election you ask?  Among others, DUES Mr. Johnson. The vast majority of homeowners are not going to pay 2015 dues to an illegal & irresponsible committee who has hidden the VEHOA checkbook. The Valley is going to run out of operating money, amplified by the disappearance of whatever balance was in the VEHOA funds. As well as double paying 2 security companies (in the recent past) and 2 Attorney’s both hired by the (illegal) SC.}

^{·          As for  any club memberships being suspended or voided, that has nothing to do with the Homeowner’s. That is an issue between the individual homeowners and the resort, and has nothing to do with VEHOA.}

^{I wonder Mr. Johnson, are you open minded to considering the facts?  Or at least that there are 3 or more viewpoints to many of the issues surrounding this Valley?}

Bill McAbee

V/E Homeowner

---------------------------
Mr. Johnson,   another owner in VE also thought kindly to write you and asked us to forward this to you; As you can see, sentiments run deep, we assure you all of these facts are undisputed.  This owner should be commended for taking the time to write you this lengthy overview of what truly has happened to our community. It would be nice for you as owner with equal stake to stand up & contribute and try to help us heal instead of continuing with diatribes and untruths.  This helps no one.
Here it is~
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> 

>>Dear Mr. Johnson, many owners are in receipt of your email and we as VEneighbors wish to respond as follows as we have so many times to other owners. First, VE neighbors is an association of VE Homeowners who have banded together with a common goal of restoring peace in Valle Escondido. We are over 70 homeowners strong and this will be clearly demonstrated at the GA meeting come January 10. ( Shhhh, some are even on your list you emailed, who know the truth) You ask why we don’t identify ourselves by name. The answer is simple, we do not want to be attacked with lies and defamation of character(s). You may find this cowardly but yes we are scared of the psychopathic like's of Richard Charbit, Carol Brunner, Jeannie Bell, Mike Traynor,  Bill day and so on. This group has attacked any homeowner who might disagree with them with the following actions which they have already committed: cutting homeowners water, reported a number of owners to authorities as immigration violators, as gun runners, as having fake passports, as drug dealers, as anti-Semites, as Nazis, as “friends” of the developer, have the F-Bomb dropped on them in public. these SC members, making fake reports of threats, and the list goes on and on.

You actually want to know why people do not want to sign their name?

Feel free to also disagree with them, you will then get a piece of their wrath of hatred.

First of all it was not VE neighbors who called this election. This GA meeting was called by Javier Espinosa, the only legal representative of the VEHOA as he is President of the Board of Directors. VE neighbors did not elect him. It was Richard Charbit with the likes of Jeannie Bell and Carol Brunner that wanted him as President. This GA meeting and election was called by the President of the Board of Director of the VEHOA because of  the legal opinion of Julio Brown the VEHOA attorney. Julio Brown also was put into place by Richard Charbit, Jeannie Bell, Carol Bruner, and the rest of “your” gang. Both Javier and Julio were the choices of the current “illegal” SC. VE neighbors were totally against the idea of Javier as President, Julio as VEHOA attorney, as we were Olga. We have always felt and stated that these individuals were the puppets of the SC under the then direction of their wonderful leader Richard Charbit.

All VE neighbors did was run a platform of candidates for this election. You and your group could have done the same. We are taking the initiative to change these horrible acts committed by this group. You have done nothing to offer your help; To call a group of us cowards after all the ridicule we have been through is very shameful.   

As for the SC, it is a legal fact that they do not exist. This is not some opinion. Javier Espinosa is not making this claim, Julio Brown is not making this claim. The developer is not making this claim. VE  neighbors is not making this claim. It is the Panamanian Ministry of Government and Justice (MONGOB) that has declared this and has provided a notarized document to back it up. You need to understand that prior to the 2010 CC&Rs, which recognize a SC, being in effect those same new by-laws MUST be submitted to the ministry of Government and Justice for approval. Without this approval they cannot go into effect. This is not only Panamanian Law but is also clearly spelled out in Deed 1937 the governing document that must be followed to introduce amendment changes and/or new CC&Rs. I will give you the direct quote from Deed 1937.

“Because of this, the MINISTRY OF GOVERNMENT AND JUSTICE using the legal faculties, RESOLVES: TO APPROVE the By-laws of the entity named: ASOCIACION DE PROPIETARIOS DE VALLE ESCONDIDO, and recognized its LEGAL STATUS. – All modifications after the By-laws must be submitted previously to the approval of the Ministry of Government and Justice”

Mr. Johnson, the Ministry of Governement and Justice (MINGOB)has issued the document below signed by  Secretary General Jose Branca Porras. It clearly states that it only has 540-PJ-236 as resolved to accept Deed 1937.  It is irrelevant if the majority of VE homeowners voted to approve the 2010CC&Rs and that they were registered in the Public Registry. The VEHOA legal attorney has recently contacted MINGOB again and they still maintain that they only have deed 1937 as submitted and approved. This is Panamanian Law! All HOA rules/ regulations/ by-laws/ CC&Rs/ etc. must be submitted and approved by MINGOB before they are in effect. It is irrelevant that the “SC” claims they were registered. You are supposed to register them AFTER they are approved by MINGOB and this was never done. We do not know why it was never done but the fact remains the same. If the 2010 CC&Rs. which creates a SC, are not approved and recognized by the Panamanian Government then there is no SC. I do not understand why this is hard for you or anyone else to grasp.

The urgency to have this GA is because under 1937 the BOD runs the association and currently there also is no functioning board as most have resigned. We need an immediate election to replace these “missing” board members.

As for stripping memberships we do not appreciate the defections that we are somehow associated with the developer or are responsible for the actions the developer has taken. The same goes for the actions of the SC which committed serious crimes with their lies and slander. We are not responsible the reckless actions the SC undertook which brought those criminal charges either. Please do not get caught up in “sides” here.

The only people we are aware of that stole things out of our VEHOA office are your group of SC members and their gang. Maybe you can tell us where our checkbook is? Where did our HOA money they “stole” go? Who authorized this “theft” of our funds? It is our understanding that new criminal charges for illegal removal of our HOA funds have been filed and we look forward to the results of the criminal investigation.

I hope that after understanding the above facts you will recognize the importance of the upcoming GA meeting with elections and VOTE YES with the over 70 plus that have already given us their commitment.

Yes, I am afraid to sign my name but the facts above should say it all. Why attack the messenger?

***
Why don't you identify yourselves by name and quit hiding behind the name veneighbors? Why don't you vet your candidates for SC and BOD both of which you say are illegal but since your heart is pure, its OK for you to have an election? What is the big rush to have an election that you are not qualified to conduct? Why not just wait until March and speak your mind, nominate whom you wish, make your arguments and be done with it? Oh and by the way, tell those responsible to give back the material stolen from the VEHOA office.

OH OH do I hear my country club membership being stripped? Sorry, I don't have one so try again. I am sure you can try to make my life as difficult as as you have made the SC members but you will fail. 

I WILL sign my name,
Paul Johnson

A VE Owner's Response to Paul Johnson

Below is a response from a VE neighbor to Mr. Johnson who sent an email to us. A copy of Mr. Johnson's email to which this VE homeowner responded to is also below for reference.

Mr. Johnson,
It goes both ways............

1)Why doesn't "your" SC identify themselves by name and quit hiding behind the name "Vehoa Steering Committee" or the new front girl "Erica"?

2)Why don't you tell your SC to replace our check book and tell us where our money is being spent and where they are hiding it? It's not their money, it belongs to all of us!

3) So you agree its OK to sue ourselves? They just spent another $4K on another lawyer to sue the other lawyer they hired?  That is who you are supporting! Let the lawsuits with our money keep flowing, because of this groups incompetence. 

It seems you are misinformed; "your" SC took our check book and our money out of the hands of the only legal person to pay our bills and NO ONE ON YOUR SC will answer the countless owners who requested to tell us where it is.  OH, and these owners signed their name(s) when requesting answers from your group!

The majority in this community want nothing to do with this group and or its advisers and their personal agenda. So serving with any of them in March will not work. Tell those on your email who are responsible to give back our check book and return the $30K they took out of our only HOA account. 

Oh, and if it was your Country Club and they attempted to put your family members in jail with threats, you might terminate their membership as well.

There are 2 sides to a story and you have been drinking to much of their kool aid.  Which is fine, but please volunteer to pay their legal bills for all this groups reckless actions in the past 3 years.  They will need your money!

We have already signed our name, countless times! Read the VE Neighbors blog and you will know which neighbors totaling over 70 agree with our declaration! Are you seriously believing your SC when they say there are only a 'few' of us?

Get the true facts sir!  Perhaps you will have the courage to read our blog from the beginning if you really want the truth. 

Good Day,
VE Neighbors (Lots of us)

PS. If you researched how much of those on your email list demonize those of us owners who simply disagree with them, you would not write this letter you wrote with your name to it either.  We are tired of their rudeness, their continual lies, their unlawfulness,  and their complete disregard for the homeowners.

On Mon, Dec 29, 2014 at 6:57 PM, PJ <pj@aprotek.com> wrote:

Why don't you identify yourselves by name and quit hiding behind the name veneighbors? Why don't you vet your candidates for SC and BOD both of which you say are illegal but since your heart is pure, its OK for you to have an election? What is the big rush to have an election that you are not qualified to conduct? Why not just wait until March and speak your mind, nominate whom you wish, make your arguments and be done with it? Oh and by the way, tell those responsible to give back the material stolen from the VEHOA office.

OH OH do I hear my country club membership being stripped? Sorry, I don't have one so try again. I am sure you can try to make my life as difficult as as you have made the SC members but you will fail.

I WILL sign my name,
Paul Johnson

The Self Appointed's Forgot a Third Choice

Pick Option Below!

How about option # 3

GO AWAY! RESIGN! STEP DOWN! MOVE! LEAVE US ALONE!

It never seizes to amaze us. The Self Appointed's just wrote a 9 page report filled with delusional regurgitation of deflection.  We will not waste your time, but as an example, they refer to the VE Neighbors as " A small group of homeowners" This has been one of their problems all along, they cannot tell the truth.  So we will leave this 9 page report of wasted words which this community has dealt with for over 2+ years alone.

Lets get back to the missing option 3.  Go away, give us our check book and bank account back!  No one will wait for your election, because the voters will speak, they do not want to serve with any of you! End of story!  On January 10th, you will hear from this "small group" who you refuse to respect or listen to!  There, you have our opinion!

P.S. One more time!  The VE neighbors site is the only viable platform of communication where VE owners can voice their own opinions that differ from your control group over us!  

IMPORTANT NOTICE FROM VE ELECTION INSPECTORS REGARDING THE UPCOMING JANUARY GA MEETINGS

IMPORTANT NOTICE FROM VE ELECTION INSPECTORS REGARDING THE UPCOMING JANUARY GA MEETINGS 

Certain individuals are already challenging the legality of the upcoming elections by claiming that under Panamanian Law only the legal representative as listed on the Public Registry can vote at our election. 

So by advice of numerous attorneys including the VEHOA one, the following requirement must be met in order to be eligible to vote and eliminate this as a potential issue. This needs to be done only once and will be kept on file for all future votes. ALL voting by ANY group or ANY steering committee will now need to be done this way in the future so as to be legal.

1) If your name is the registered owner of your property in the Public Registry, then you can vote. or assign someone else to be your proxy, and you will not need a power of attorney (POA)

2) If your property/lot/condo is under a corporation or trust name then the same President of that corporation, as listed on the Public Registry, must give you a notarized power of attorney (POA) designating you as the legal representative of that entity with authority to vote on its behalf or to assign someone else to be your proxy.

This will take your legal representative very little time to do for you and it can easily be done even for those of you who are absentee. 

Getting a notarized P.O.A. from the registered President of your corporation or trust is a very simple process. For most it will require a call to the attorney who represents your corporation and they can handle it for a very small nominal fee.  

The original must be presented at the GA meeting before any homeowner will be considered eligible to vote whether it be in person or by proxy. The original will be kept on file so you can recognized as the legal representative of that property for all future VE homeowner business. You do not need to be in Panama to meet this requirement. You only have to get the notarized POA to the Election Inspectors prior to the GA meeting and you can scan and email your filled out and signed January VE voting proxy assigning the rights given to you by this POA to someone to vote on your behalf at the GA meeting.

We regret any inconvenience this may cause but this is the only way to insure that this upcoming meetings and elections cannot be contested.

For your convenience we have attached a sample power of attorney, in Spanish, that was created by legal counsel for you to forward to the attorney who represents your corporation so they can just fill it out and get in notarized.

Here is what it says in English:

BOARD OF DIRECTORS OF VALLE ESCONDIDO HOME OWNERS ASSOCIATION:                                     

The undersigned, ___________________,Panama (a) / abroad, of age, identity card / passport no. _________________, acting on behalf of the company ____________________________ with Microjacket________ Document: ___________ of the Public Registry of Panama,  owner of lot no._______________  located in the Residential Valle Escondido, Bajo Boquete, District of Boquete, Province of Chiriqui, in my faculty of active member of the VALLE ESCONDIDO HOME OWNER ASSOCIATION hereby grant SPECIAL POWER  to ____________________, to represent me in all management, deal, communication, and participation within the VALLE ESCONDIDO HOME OWNER ASSOCIATION.

So _______________, is fully empowered and entitled to speak and vote for accreditation , replace power, participate , object, object , request, submit , sign , inform and participate in the meeting, assembly , virtual portal , to be by the Board and / or Association to exercise this power in favor of the interests for which it contracts.

This Power revokes all previous, 

The Authorized Election Inspectors:

RICHARD MOORE

CAESAR SHERRARD

BILL MCABEE

Since this is a blog post without the ability to attach the POA form a copy is available to view and print from the documents tab above

In Response to anyone Who Does Not support January 10th Elections!

VE Owners,

In Response to anyone Who Does Not support the January 10th Elections!

There is no perfect solution.  However there is a solution to the current insanity of suing ourselves and blowing a couple hundred thousand dollars on wasted agendas and power hungry people overseeing our community!  It is real simple! A new board, new amendments and new people to oversee a transition back into peace and sanity. Anything else will take months or years, more infighting and more of a waste of our money on lawyers and in-community bickering!

As for the question of why are we electing a "new" SC if Deed 1937 does not mention one and a real SC can only be legal after CC&Rs that recognizes them are approved and registered we respond as follows; The new steering committee will be given authority by the new board to act on their behalf until such time as the 2010 CC&Rs, with amendments, are properly approved and registered.  All BOD candidates for the January election have not only agreed to this arrangement but they also have agreed to sign resignation letters that the VEHOA will maintain in their position allowing the membership to "fire" any VEHOA board member at any time preventing them from acting outside of the direction of the SC. 

The plan is there, the process to start Operation Fresh Start is complete, Now we Vote Yes for a clean, fresh start. 

Who would ever vote to agree with anyone who has been part of the massive failures to date in VE? NO ONE! We say: Step Aside!

Discouraged by none, motivated for change by most!  VE starts over January 10th! 

Do your part, Vote Yes for the Board of Directors, Vote Yes to the amendments. Vote Yes for the 2010 CC&Rs with the new amendments to become our legal governing document, Vote Yes for the new SC members who promise never to allow any group of owners to control our pocketbooks again!

Sincerely,

A Large Group Of VE Neighbors

2 GENEROUS VE NEIGHBORS REPAIR MAJOR POTHOLES ******Merry Christmas to All*******

Having waited all year in vain for repairs to our roads, 2 generous homeowners and supporters of the Jan 10 elections, donated money to have the major potholes repaired with hot asphalt.  This is the spirit that is needed to heal and bond us back together which will lead us to a higher consciousness community. 

VE neighbors have been all about the community from the the beginning and it has been hurtful and disappointing to have the SC accuse us repeatedly of being "in bed with the developer "and "having a private agenda". This could not be further from the truth. 

AS the saying goes; "The truth shall set you free" and I appeal to you all at this special time of year to keep focused on the good of the community, above all else, and to keep the truth up front. 

Have a wonderful Xmas and looking forward to seeing you all on Jan 10th and wishing everybody the very best for 2015.

VOTE YES FOR OPERATION FRESH START IN VALLE ESCONDIDO

English / Inglés

VOTE YES For: "OPERATION FRESH START" in VALLE ESCONDIDO. 

Dear Fellow Neighbor and VEHOA member,

It is time for us all to VOTE for solutions. No more wasting our money, no more fighting. We want solutions. We are not for those fighting the developer and we are not for those accused of being aligned with the developer.  We are VE owners who want to protect our investment and solve our problems and restore our community.

The nomination period for Board of Directors and SC members has commenced and the following candidates have agreed to serve on the Board of Directors and run for the to be created SC.

Board of Directors:

President: Harold Sabin

Vice President: Gisel Borrel

Secretary: Ana Cal de Borrel

Sub Secretary: Adalberto Francisco Iglesias

Treasurer: Luis Carlos Watts

Steering Committee:

Stan Hime #20

Joel Mahler #15

Lindy Aaron #128

Atonieta Sherrard #29

Dennis Griffin #56, #156D

Sandy Comstock 153D *

*Since there were more nominations received than SC positions open, Sandy Comstock has agreed to allow the other 5 to run as a group and she has agreed to only step in as an alternate should something happen to one of the other 5 candidates prior to the election.

This is our chance to put the past behind us and vote a new Steering Committee and new Board of Directors with the CC&R amendments needed for change.

Here are the proposed Valle Escondido CC&R Solution Amendments:

The following are suggested and crucial amendments for each of us to VOTE YES on for our CC&R’s. We identify the specific problems plaguing our community to date and offer clear solutions by asking you to vote on these amendments.  These solutions protect and benefit each and every owner of our community in their entirety.  These amendments are a collaborated effort of Jerry Loveless, Rod Parker, Dennis Griffin and other HOA members.

We believe these solutions will resolve any future differences between us as neighbors.  Please join us to restore peace in our community.

PROBLEM: Reckless Spending by a Steering Committee (SC) 

1)                  AMENDMENT SOLUTION   Until such time a budget is approved by the majority of owners in accordance to the CC&R’s the SC cannot raise yearly homeowner’s dues or spend  any unauthorized funds of the HOA outside of specific fixed obligations which are approved by the majority of VE home owners as essential obligations such as existing contractual obligations of the VEHOA, security, common area landscaping, water system maintenance and repair, waste system maintenance and repair, and or emergency expense obligations specific only to the infrastructure needs of Valle Escondido. No funds can be used on any 3^rd party administration, marketing, consultant or legal services without the agreed majority vote of the VEHOA until which time a budget is approved.   All budgetary events that require a vote of the owners will be posted and emailed to the owners of record and the vote held no sooner then 10 (ten) days and no more then 50 (fifty) days from the date of notification.  The vote will require a majority of votes cast to be approved.

 PROBLEM: Removal and conduct of a SC member or other‘s in a leadership role 

2)                  AMENDMENT SOLUTION:  Any member of the VEHOA can call for a special vote to remove a SC member, or other in a leadership capacity, by submitting a petition for such removal signed by at least 40 homeowners. This is specific should there be any flagrant conduct detrimental to the community.  Such conduct could be defined as a personal attack in any way that injures a fellow HOA member (or other persons related to VE), unauthorized use of HOA funds or assets or any undefined action which was dishonest,  causes injury with intent to harm or injure a fellow HOA member. The SC cannot alter, adjust, change or terminate any existing contract of the HOA that exceeds a value of $10,000.00 annually or more without the majority consent of the HOA.  No authorized SC member, or other member of the community without written consent of the BOD and majority of the SC vote, are authorized to move, open, transfer or direct the transfer of any VEHOA funds to another account.  This special meeting which includes the vote for removal shall be held within ten days of proper notification and the accused party will be removed with cause for any above reason should there be a vote of a minimum of   1/2 of VE home owners in attendance whether in person or proxy. The removal is final and said party is asked to resign or be terminated immediately after notification.  

 PROBLEM: Prevention of Secret Meetings and/or Private Contracts 

3)                  AMENDMENT SOLUTION:  All official SC meetings must be open to any homeowner wishing to attend should any owner so desire. Any and all meetings must be recorded as part of the official record to have cause and effect in accordance to the CC&R’s of VEHOA.  A SC agrees to post all formal meetings on the VEHOA site for all members benefit within 72 hours via an audio file said meeting.  Any “unofficial” private meeting will have no legal standing with the VEHOA under any circumstances until such time it is under official meeting terms as outlined above.

PROBLEM: Reckless or careless actions by the SC or individual member  

4)                  AMENDMENT SOLUTION:   No SC member or other representative may send out any communication to any HOA member in an official capacity without the signed approval of 2/3^rd’s of the SC if writing on behalf of the SC.  Each authorizing member agrees to personally assign their name with authority of said communication.  Should any SC member become involved in any lawsuit, claim or other action which causes any injury to a 3^rd party and such action was unauthorized by the HOA in accordance to our CC&R’s, such SC member agrees to resign from their position until said case is resolved.  Said party is personally and solely obligated to pay their own legal fees to represent themselves and solely responsible for any and all judgments or awards for or against their person as it relates to said claims.  Should it be determined that the use of any VEHOA homeowner funds were used in the defense of or in paying a settlement for the personal actions of a SC member then the association has the right to place a lien against that SC members property and pursue a settlement in accordance to Panamanian laws.

These changes when "VOTED YES" will guarantee the past mistakes will never happen again and 100% of VE owners will benefit from these amendment changes.   Please vote and support these candidates for "Operation Fresh Start” in our community.  Please do not support any owner or group who wishes to keep this fight going and blowing our money on lawyers or useless arguments.  

It’s easy to vote, its 100% legal as the determined by Panamanian law. We are sick and tired of any owner who might attempt to persuade us from taking our community back.  No More! 

“VOTE YES” and give us back our community and “VOTE YES” to this new group of Steering Committee members who will serve ALL owners in Valle Escondido’s "OPERATION FRESH START".  

Everyone wants a fresh start!  Join us! Vote YES!

To “VOTE YES” just choose one of the two simple voting choices below!

1. Come to the important GA meeting on January 10, 2014 and “VOTE YES” for the Board of Directors, for the SC candidates, and for the making the 2010CC&Rs with the new amendments the governing document of the VEHOA.  

2. Print, fill out, and sign the attached Proxy form and either give it, or email it, to someone who will be at the GA meeting to “VOTE YES” on your behalf.  To email your proxy just scan your completed proxy and send it as an attachment to the person representing you. Dennis Griffin, who is running for SC, has agreed to “VOTE YES” on any member’s behalf.  Just email your completed proxy to dennismgriffin@gmail.com. If you have any problems doing this or need any assistance at all please contact veneighbors@gmail.com,
English and Spanish versions of the approved proxies were sent via as an attachment to all VE members and sample ballots will be sent to you under separate cover. Copies of these as well as the nomination applications of all 6 of the above homeowners are available here at VEneighbors under the documents tab. If you need a proxy form please send an email to veneighbors@gmail.com and one will be emailed back to you

Join the rest of your neighbors in “Operation Fresh Start” and turn Valle Escondido to the premier residential community it should be.

Español / Spanish

VOTE SÍ A: "OPERACIÓN NUEVO COMIENZO" en Valle Escondido.

Estimados Vecinos: 

Es hora de que todos nosotros a votemos por soluciones. No más pérdidas de nuestro dinero, no más enfrentamientos. Queremos soluciones. No somos de los que luchan contra el promotor y no estamos para ser acusados de estar alineados con el desarrollador. Estamos con los propietarios que quieren proteger nuestra inversión y resolver nuestros problemas y restaurar la paz en nuestra comunidad. 

El período de nominación para la Junta de Directores y miembros del Comité Directivo ha comenzado y los siguientes candidatos han aceptado formar parte del Consejo de Administración y EL Comité Directivo que  sera creada. 

Junta Directiva: 

Presidente: Harold Sabin

Vicepresidente: Giselle Borrel 

Secretaria: Ana Cal de Borrel 

Secretario Sub: Adalberto Francisco Iglesias 

Tesorero: Luis Carlos Watts 

Comité Directivo: 

Stan Heim # 20 

Joel Mahler # 15 

Lindy Aaron # 128 

Atonieta Sherrard # 29 

Dennis Griffin # 56, # 156D 

Arena Comstock 153D *

* Como se recibieron mas nominaciones que las posiciones  disponibles para el Comité Directivo, Sandy Comstock ha acordado permitir que los otros 5 se unan al grupo y ella ha aceptado estar como suplente si algo pasa a uno de los otros 5 candidatos antes de la elección .

Valle Escondido soluciones a los Reglamentos

A continuación se sugieren las enmiendas modificaciones a los reglamentos para que puedan votar por ellas. Identificamos los problemas concretos que aquejan a nuestra comunidad y ofrecemos  las soluciones claras al pedirle  pronunciarse sobre estas enmiendas. Estas soluciones protegen y benefician a todos y a cada dueño de nuestra comunidad en su totalidad. Estas enmiendas son un esfuerzo colaborado de Jerry Loveless, Rod Parker, Dennis Griffin y otros miembros de la Asociación de Propietarios.

Creemos que estas soluciones se resuelven las diferencias futuras entre nosotros como vecinos. Por favor, únase a nosotros para restaurar la paz en nuestra comunidad.

PROBLEMA: el gasto imprudente por un Comité Directivo.

1) SOLUCIÓN ENMIENDA: Hasta que un presupuesto sea  aprobado por la mayoría de los propietarios de acuerdo a los CC & R  el Comité directivo no puede aumentar las cuotas de propietarios anual o gastar los fondos no autorizados de la Asociación de Propietarios fuera de las obligaciones fijas específicas que sean aprobadas por la mayoría de  los propietarios  de VE  como obligaciones esenciales, tales como las obligaciones existentes contractuales del VEHOA, seguridad, jardinería área común, el mantenimiento y la reparación del sistema de agua, el mantenimiento del sistema de residuos y la reparación, y u obligaciones de gastos de emergencia específicos sólo a las necesidades de infraestructura de Valle Escondido. Ningun  fondo puede ser utilizado  para la administración tercera parte, la comercialización, consultor o servicios legales sin el voto de la mayoría acordada del VEHOA hasta  que sea aprobado en presupuesto. Todos los eventos presupuestarias que requieren el voto de los propietarios serán publicadas y enviadas por correo electrónico a los propietarios y el voto deberá ser recibido  10 (diez) días y no más de 50 (cincuenta) días a partir de la fecha de notificación. La votación se requerirá una mayoría de votos emitidos para ser aprobado.

PROBLEMA: La eliminación de un miembro del Comité Directivo

2) SOLUCIÓN ENMIENDA: Cualquier miembro de  VEHOA puede pedir una votación especial para eliminar un miembro del Comité Directivo, mediante la presentación de una petición de dicha renuncia firmada por al menos 40 propietarios. Esto debe ser específico pues debe haber una conducta flagrante en detrimento de la comunidad. Tal conducta se podría definir como un ataque personal que dañe a  Residente (u otras personas relacionadas con VE), el uso no autorizado de los fondos HOA o activos o cualquier acción indefinido que era deshonesto, causa lesiones con intención de dañar o lesionar a un miembro de la Asociación de Propietarios. El Comité Directivo no puede alterar, ajustar, cambiar o terminar cualquier contrato en vigor de la Asociación de Propietarios que excede un valor de $ 10,000.00 al año o más sin el consentimiento de la mayoría de la Asociación de Propietarios. Ningún miembro del Comité Directivo esta autorizado, u otro miembro de la comunidad sin el consentimiento por escrito de la DBO y la mayoría del voto SC, a mover, abrir, transferir o dirigir la transferencia de los fondos VEHOA a otra cuenta. Esta reunión especial que incluye el voto para el retiro se llevará a cabo dentro de los diez días de la notificación adecuada y la parte acusada será removido con causa, por cualquier motivo anterior debe haber un voto de un mínimo de 1/2 de VE los dueños de casa en la asistencia en persona por poder. La renuncia será del miembro Comité será definitiva pudiendo dimitir o ser expulsado del Comité después de la notificación.

PROBLEMA: Prevenciones de reuniones secretas o contratos privados

3) ENMIENDA SOLUCIÓN: Todas las reuniones oficiales SC deben estar abiertos a cualquier propietario que desee asistir cuando así lo desee. Cualquiera y todas las reuniones deben ser registrados como parte del registro oficial, de acuerdo a los Reglamentos de VEHOA. Un miembro del SC se compromete a publicar todas las reuniones formales en el sitio VEHOA para todos los miembros conozcan en un período  de 72 horas a través de un archivo de audio dicha reunión. Cualquier reunión privada "no oficial" no tendrá ningún efecto jurídico con la VEHOA en ningún caso hasta el momento en que se encuentre bajo los términos de reuniones oficiales como se indicó anteriormente.

PROBLEMA: acciones imprudentes o negligentes por parte de la Comité Directivo  o miembro individual.

4) SOLUCIÓN ENMIENDA: Ningún miembro del Comité Directivo  u otro representante pueden enviar cualquier comunicación a cualquier miembro de la Asociación de Propietarios de manera oficial sin la aprobación firmada de 2/3 ª del  Comité Directivo  si escribe en nombre del Comité Directivo. Cada miembro se compromete a autorizar asignar personalmente su nombre con la autoridad de dicha comunicación. Si algún miembro del Comité Directivo se involucra en cualquier juicio, reclamación u otra acción que cause algún daño a una tercera parte y el recurso fue autorizado por la Asociación de Propietarios de acuerdo a nuestro reglamento, como miembro del Comité Directivo se compromete a renunciar a su posición hasta que dicho caso sea resuelto . Dicha parte está obligada personalmente y solamente para pagar sus propios honorarios legales para representarse a sí mismos y el único responsable de cualquier y todas las sentencias o laudos a favor o en contra de su persona y su relación con dicho reclamaciones. Si se determina que el uso de los fondos de VEHOA se utilizaron en la defensa o en el pago de una liquidación para las acciones personales de un miembro del Comité Directivo entonces la asociación tiene el derecho de colocar un gravamen sobre que los bienes del miembros que utilizo esos fondos y buscar una solución de conformidad con las leyes panameñas.

Esta es nuestra oportunidad de poner el pasado detrás de nosotros y votar por el nuevo Comité de Dirección y el nuevo Consejo de Administración, con las modificaciones para el cambio. Estos cambios si "votaron por el sí" garantizará los errores del pasado no vuelvan a ocurrir y el 100% de VE propietarios se beneficiarán de estos cambios de enmienda. Por favor, votar y apoyar a estos candidatos para la "Operación Nuevo Comienzo" en nuestra comunidad. Por favor, no es viable con cualquier propietario o grupo que desea mantener esta lucha para que se siga gastando nuestro dinero en abogados o discusiones inútiles.

Es fácil votar, es 100% legal de acuerdo a la legislación panameña. Estamos enfermos y cansados de cualquier propietario que podría intentar persuadirnos de tomar nuestra comunidad a nuestras espalda. No Más! "Votar SÍ" y nos devuelve  nuestra comunidad y "VOTO SI" a este nuevo grupo de miembros del Comité Directivo que servirán todos los propietarios en Valle Escondido de "OPERACIÓN FRESH START".

Todo el mundo quiere un nuevo comienzo! Únete a nosotros! Vote SÍ!

Para "VOTO SÍ" acaba de elegir una de las dos opciones de voto simples abajo!

1. Vamos a la reunión GA importante el 10 de enero de 2014 y "VOTO SI" para el Consejo de Administración, por los candidatos SC, y para el 2010CC & Rs con las nuevas enmiendas al documento haciendo rector del VEHOA

2. Llene el formulario de proxy y, o bien darle, o enviarlo por correo electrónico, a alguien que va a estar en la reunión GA para "VOTO SÍ" en su nombre. Para enviar por correo electrónico su poder debe escanear el poder rellenado en un archivo PDF o DOC y enviar como archivo adjunto a la persona que lo represente. Vamos a proporcionar una lista de los propietarios de viviendas que han acordado "VOTO SÍ" en su nombre que usted puede enviar sus apoderados para.

Versiones en español de los poderes aprobadas, las boletas de votación, y las enmiendas propuestas Inglés y sometidas a votación serán enviados a usted bajo cubierta avalancha, copias de éstos, así como las solicitudes de nominación de los 6 de los propietarios anteriores estarán disponibles en VEneighbors.blogspot.com bajo la sección de documentos.

Únete al resto de sus vecinos en la "Operación Nuevo Comienzo" y dale un vuelco a Valle Escondido a la comunidad residencial de primera categoría como debe ser.

answer to Jon's post in the Vehoa blog

Good Morning Jon,

I just read your reply to the notice that veneighbors had paid the long overdue bill for common area electricity and the treatment of our water supply and surprisingly do not totally disagree with you, though believe the solution veneighbors applied to the problem is the only viable way to deal with this in the short term.

Your chief complaint seems to be that some of the billing may not have proper supporting documentation. As I said in my original post we, veneighbors, do not have access to the records so in that respect you may be correct. We were not able to verify the validity and correctness of all of the bill. That was taken into account and discussed with Liberty Services. At such time as we can exaime the records we will do so and if a discrepancy is found we will request either a refund or credit. Surprisingly when you sit down with the service provider they are very willing to discuss the situation and work out a solution that is beneficial to all.

But I think you miss the main point as to why it was necessary for us to step forward. There are homeowners, renters, vacationers here in the valley right now. They see and hear the stories about the water system and electrical system and had no way of ascertaining its validity. They did not know whether they would have safe water on Tuesday. They did not know whether they would have electricity on Tuesday (and yes, I know it was only the common area but many people did not understand that).

It was critical that the current visitors and residents know that the water treatment, that has been so competently managed by our former water committee chairman, was still going to be available. The same is true of the common area electrical system.

The fact that the supposed steering committee chose to not keep everyone updated on the situation, whether good or bad, is not the actions of responsible officials. They knew of this situation and chose to remain silent. Still today they have made no statement to the owners or renters, instead leaving it to a former water committee chairman.

The group of veneighbors make no apologies to anyone about how we have dealt with this issue. And we will continue to monitor all aspects of VE, as best we can, given the circumstances. We will not allow this valley to descend to chaos due to lack of leadership.

Dennis Griffin

#56

Non Payment of Bills for Water and Electrical Service

Dear Fellow Home Owner and VEHOA member, 

The ongoing mismanagement of VEHOA resources has reached a critical junction. Residents of the community were notified several days ago of the pending cessation of the treating of the water as well as the shutoff of electricity to the common areas due to not paying bills. These bills go back to October.

The supposed SC was made aware of this pending shutoff several days ago and as of this writing have not made contact with Liberty Services to even discuss the situation. They also have chosen not to notify any residents that their drinking water may soon not be safe and allow residents time to make other arrangements.

Even if they make the false excuse of not having access to the bank account there is no excuse for not contacting Liberty Services and trying to make other arrangements. There is no excuse for not notifying residents and owners of the community. 

Several members of a group associated with the veneighbors have made arrangements to have this bill paid. 

Note: no money from either the sequestered account or the money that was removed from the VEHOA bank account was used to pay this bill. As best they can – given no access to records or funds – veneighbors is trying to monitor events in VE and will do all they can to keep the valley resources safe and functioning until the election in early January. 

Dennis Griffin

Steering Committee, who is paying our bills? WILL YOU LET OUR WATER AND ELECTRIC BE CUT OFF?

In the meantime......We might get our services cut off, as we owe Liberty Services $1,500. Who is paying our bills SC? 

We the homeowners paid our dues to you, it is your responsibility to pay our bills on time. Please pay the below past due NOW.

Below is the notification Liberty Services sent the VEHOA.

From: Cielo Grande [mailto:cielogrande@veresort.com] 

Sent: Thursday, December 18, 2014 5:39 PM
To: 'Valle Escondido HOASC'; veneighbors@gmail.com
Cc: 'Hector Bonilla'; 'Julio Espinosa Brown'
Subject: VEHOA OVERDUE PAYMENT

Buenos tardes Ericka ( VEHOA),

Our finance department provided you and Ms Bell  with  these invoices and you are aware  about the non paid invoices for the water  maintenance which provides water service to residents and the electricity in common areas. 

Nuestro departamento de Finanzas le ha entregado a usted y a la señora Bell estas facturas y ustedes están anuentes a las facturas vencidas por el mantenimiento del acueducto que provee agua a los residentes y la electricidad de areas comunes.

By this note we notify the VEHOA that Failure to receive this payment not later than December 23rd  we must proceed to disconnect the electricity from these areas (gate and perimeter fence).
You are aware that this invoices are several months overdue since August.  

Por medio de esta nota les notificamos a VEHOA que de no recibir el pago al 23 de diciembre tendremos que proceder  a deconectar la electricidad de esa area ) garita y cerca perimetral. Usted esta al tanto de que estas facturas están vencidas desde el mes de agosto.

Liberty Services will not provide the maintenance to water system if  VEHOA doesn't pay the debt  of B/ 1575.65.  

Liberty Services no proveera el mantenimiento del acueducto si VEHOA no cancela la totalidad de la deuda por  B/1575.65

The Homeowners pay to the VEHOA for this maintenance in their annual maintenance fee and it is the VEHOA's responsibility to pay on time.  

Los propietarios pagan a VEHOA en su cuota annual por  este mantenimiento en su cuota anual de mantenimiento y es responsabilidad de VEHOA pagar a tiempo.

As you can understand Liberty Services can not provide a service for which we are not receiving the payment.  Como comprenderan Liberty Services no puede proveer un servicio por el cual no esta siendo pagado.

Saludos,

Analia Velasquez

Date:  12/18/2014 10:49:59 AM

INVOICES  Invoice Date Detail Amount Paid Amount Balance 36227 10/27/2014 VEHOA / Asociacion de Propietario 104.88 0.00 104.88 36200 10/16/2014 VEHOA / Asociacion de Propietario 337.05 0.00 337.05 36199 10/16/2014 VEHOA / Asociacion de Propietario 337.05 0.00 337.05 36228 10/27/2014 VEHOA / Asociacion de Propietario 370.63 0.00 370.63 36523 11/11/2014 VEHOA / Asociacion de Propietario 112.35 0.00 112.35 36689 11/29/2014 VEHOA / Asociacion de Propietario 206.69 0.00 206.69 36852 12/05/2014 VEHOA / Asociacion de Propietario 107.00 0.00 107.00 * Total: 1,575.65

Why we don't trust Carol Bruner and Jeanne Bell

Hello VE Neighbors,

      Pls see below the blurb I just posted on the vehoa blog and pls post on VEneighbors as well. I encourage you owners to go to this post on vehoa and comment, PLEASE!

Thanks,

Caesar

Carol Bruner asked why we wont wait for the March elections. WE dont trust her and here is why:

1) You (the committee) have not allowed many of us to post on the vehoa blog and have also quickly removed some of our blogs. This is not the act of a transparent body, rather more like the acts of desperate control.

2) You have wasted money on 3 lawyers in less than a year and continue to do so. You paid Julio Brown $11,000.00 in 3.5 months and now he is the enemy because he told you what you did not want to hear (the truth) and then you broke a contract with him as well. 

You paid Hidalgo Pinzon  $9486.00 in 3 months. You are now paying Markou Cristo an amount that has not been disclosed while running up a bill of $850 a month for the broken contract you signed with Julio Brown.

3) You raided OUR Vehoa bank account and we still don't know where the money is. 

This was an illegal act.

4) Your committee allowed and engineered the downfall of our perfectly satisfactory security company because somebody had an agenda to get control of the gate. 

You fabricated allegations against the owner of the company and the company and broke a contract that we had a legal obligation to fulfill. This was the major mistake that started this lower consciousness that has embroiled our paradise.

5) Ms Bell has  used the 'F' word repeatedly on owners while representing the committee (in the line of duty) and has lied  and exaggerated in order to cover the truths that we have been trying to get to the owners.

6) You have acknowledged in emails that we are under the jurisdiction of the 1937 document which makes our steering committees, past and present, illegal and yet you cling to power because you know you will loose in a fair and open election.

7) In the illegal May 2014 election (where not sufficient notice was given) you proposed amendments to the CC&R's that

 A). only the Steering committee can call an election....why?,  and 

 B). would make it difficult to remove the sitting steering committee!  Again why?

8) You are being sued by the developer and hence it would not be in the best interests of the owners to have you negotiate the transfer of assets.

9) In the last 2 years you earmarked  $24,ooo.oo of the budget for road maintenance and I don't see a cent that has been spent on the roads.... maybe this went to the lawyers,,,

do u think?

There is more but our blog moderator has requested that I keep my posts as short as possible.