Gimme Some Truth

July 02, 2012

Deja Vu - All Over Again

Self serving half of the story board reports. Board action lacking motions, discussions, votes, common sense. Believing private property is public. Finger snap rule creation. Resignation reason that isn't. Just Gimme Some Truth.

Playing bank hop scotch to bend international banking procedures to a home computer program. Limited public document access. Board acting as administrators. Operational secretary called administrator. Just Gimme Some Truth.

Pass along fine to all for ignorant action of few. Budget reconciliation by special assessment. Administrator reports authored otherwise. Admission fees called "donations". Just Gimme Some Truth.

Fairy committees that aren't. Workers that can’t for no reason. Ignoring laws unread. Delusion of decent reputation. Just Gimme Some Truth.

The June 2012 board report may have been the best ever. It had some real gems.

The treasurer ventured beyond Quick Books abacus addiction to chastise one named homeowner.

"... to try to bully the Administrator into violating the current No Cash Payment Policy is unacceptable and clearly a slap in the face of all El Parque Home Owners."

Somehow, I doubt many if any felt the slap.

The closing item under “New Business" read:

"Further - Residents are reminded of their obligations under Bylaw “Article 11. Every Condo Owner or Related Persons must behave appropriately, acting ethically and with good manners, avoiding socially unacceptable or reprehensible conduct that negatively affects the stability and harmony of people living together; furthermore, they will refrain from acting in a way that may undermine the safety, well-being or quality of life of the Condominium.

Lots of words and real big ones too. But what was really meant and why was it there? An answer came from yesteryears’ hard learned dictionary of the streets where real people say what they really mean in manners leaving no question of why. "SHUT UP!". Isn’t that in itself just a bit reprehensible?

posted by Anonymous : 1:04 PM, July 02, 2012

Regarding the issue of cash payments for condo fees, I would agree that it might be more convenient to pay cash. However, there is a strong safety consideration here. Perhaps the individual who seems to feel so strongly about this would also volunteer to accompany whoever banks the funds to the bank and guard the office while the money is on site.

posted by Anonymous : 3:34 PM, July 03, 2012

Could it be that pesos cash is legal tender for all debts and services in Mexico?

posted by Anonymous : 6:42 PM, July 03, 2012

Gimme some truth. This violation of the board's "no cash payment POLICY" could, according to the board and at least one blogger, be easily resolved. This issue and every other issue at El Parque would seem to have the same easy resolution. All the homeowners could simply be good little go along/get along people and do what they are told without questioning anything.

The bullying homeowner was singled out and specifically NAMED in a public document. He is accused of trying to bully our so-called administrator. At a recent discussion with the board, the treasurer stated that there were currently 13 homeowners who had not paid their fees. They, of course, were not NAMED in either the private discussion nor in any public document. The recalcitrant homeowner has clearly stated that he is willing and able to pay his fees immediately. He simply objects to the dictated method of payment.

Who is bullying whom here?

Whether the accused homeowner's behavior is socially acceptable may not be the issue. The board defends their position by referencing a POLICY. The homeowner defends his position by referencing the EL PARQUE BYLAWS AND JALISCO CONDO LAW.

Even though the "no cash payment POLICY" has been in place for years, was approved by the homeowners and even seems to make sense, legally no POLICY can override JALISCO LAW.

Common sense clearly indicates that the homeowner could have done what he was told in the manner in which he was told. Does not common sense also clearly indicate that the board/administrator could have taken his payment in Mexican pesos, given a receipt, and made the 5 minute trip to Lloyds to deposit his payment in El Parque's account?

Now we are all witnessing a traditional and somewhat boring power struggle. The homeowner is simply tired of being bullied by the perceived power of the board and the board seems terrified that they might lose some small semblance of their power to dominate the homeowners.

Could it be that, in this power struggle, neither bully is going to win but, as usual, the El Parque homeowners are all going to lose.

Enough about that. I am intrigued by this Article 11 issue. What is the board trying to say? Is the board suggesting that they wish to assume the power to dictate what is appropriate behavior, who is acting ethically, and what constitutes socially unacceptable or reprehensible conduct? Based on the current atmosphere, can we assume that questioning the board's actions, dictates, and policies falls clearly in the categories of inappropriate behavior and bad manners and typifies unacceptable, reprehensible conduct that will inevitably negatively affect the stability, etc. It would follow that the individual who brought up the "New Business" item feels he/she and/or the board are eminently qualified to make valid determinations and judgements regarding the acceptability of the actions and behaviors of all El Parque homeowners. My sense of awe at the arrogance of the board is only exceeded by my apprehension that I may not be behaving or thinking in a manner that satisfies their interpretations of Article 11.

posted by Anonymous : 9:19 AM, July 06, 2012

What we have in these weird board minutes is not a legal detailed recording of procedure but their use as a political tool, a self serving molding of public opinion. A word for that is "propaganda". The same applies to question/answer choices and word slant of the so called "Survey 2" commented on in the post below. I am not going to bother searching but doubt either our overly inclusive bylaws or state law mention covering butt as a legitimate board function. Gimme some truth.

posted by Anonymous : 5:56 PM, July 06, 2012

The June board minutes report passing a motion to accept a proposal from the Social Committee chairperson. That was:

The Social Committee of El Parque is comprised of an independent group of resident volunteers (both resident owners and renters) who have joined together to provide opportunities to enhance the social environment through a variety of events that promote friendship and fun. The Social Committee aims to be financially self sufficient and any excess funds raised shall be used to enhance the common areas of El Parque. A monthly report will be sent to the Board to be posted on the website, as well as in the binder in the clubhouse, and on the clubhouse bulletin board.

I tried understanding and repeat here some of the content leaving me confused: "independent group", "enhance the social environment", "variety of events", "friendship and fun", "financially self sufficient", "excess funds", "enhance the common areas". Meanings and intents of those may vary.

Did the board understand better than I? Did they care? Is she and her committee back in good grace or did they pat her on the head to then be further ignored? Is she starting her own illegal business to replace or run parallel to our other illegal businesses? Has she read the law or even bylaws? Has the board? I doubt the board will answer those. Maybe the chairperson will. Will the board push her back down if she does?

Gimme some truth!

posted by Anonymous : 5:36 AM, July 08, 2012

Jalisco Law allows for condo boards to create committees. It doesn’t require but goes so far as to say the board may empower committees with financial involvements. However, El Parque's bylaws strip that latter power and restrict committees to “only serve in the capacity of assistants, technical advisors and information providers”

Here are names of 17 real, fairy, fake, or suggested committees alluded to in board documents during the past two months.

Beautification Committee,
Bylaw, Rules, And Policy Review Committee,
Club House Beautification Including Sound Control Committee,
Club House Committee,
Club House Sound Control committee,
Club House Soundproofing Committee,
Committee Structure Committee,
Common Area Bookings and Asset Management Committee,
Construction And Technical Control Committee
Happy Hour Committee,
Improve How We Do Things Committee,
Long Range Asset Management Plan Review And Update Committee,
Proposal To The Homeowners For The Spending Of Excess Revenue Committee,
Social Committee,
Website committee,
Welcome Committee,
Well And Water Management Committee.

And, this is during the tranquil season. It comes close to exceeding the number of homes occupied. What might we expect with onset of the coming crazy season?

Every student of System Analysis and Design quickly familiarizes with the byword, "KISS", an acronym for Keep It Simple Stupid. Complications beyond the necessary invariably contribute not to intended operation but rather impeding elements in the way and in need of removal.

You can see this in almost every large institution, governmental and private. It is why they fail and are replaced or discarded. Complications are indications of incompetence, fakery, cover-up, shadiness, and downright crookedness. El Parque administration is doing its best to fit right in.

Is anyone really on these committees? Who are they? How did they get there? What do they do? What keeps them there? Why? Bylaws limit committees to helping the board. Thus, board members on real or pretended committees would signal board members helping themselves.

Take that as you wish. Just Gimme Me Some Truth!

posted by Anonymous : 12:40 PM, July 08, 2012

In reference to Post dated 5:56 July 6, 2012

Quote: "What we have in these weird board minutes is not a legal detailed recording of procedure but their (boards) use as a political tool, a self serving molding of public opinion. A word for that is propaganda"

Another word for that would be SLANDER!

To make every effort to label a homeowmer as bully and that his actions should be considered "a slap in the face to all El Parque homeowner's" for simply making efforts to abide by it's own bylaw #123. A bylaw that has never been legally changed. It is simply unconscionable for the Treasurer to put that in his monthly board report. If that were not enough, the board added into the mix bylaw #11. Informing all homeowners that there is amoung us, a non-conformist, a rule breaker, a person of reprehensible conduct, inappropriate behavior that threatens the very stability and harmony of our community.

For the board members to use their elected position as a platform for the purpose of vindictivness, retaliation, abuse and slander is reason alone for dismissal. The reference to Article #11 is nothing more than a "thinnly veiled threat", that if the offending homeowner does not back off, he could be subject to having his his home seized. Sold for his unacceptable behavior and his supposedly negative effect on the community when the homeowner was simply trying to exercise his Rights under the Law.

To make matters worse, if that were possible, but apparently it was, the whole board, at the July monthly meeting "signed off" in approval of all that was contained in the June minutes to be placed in the permanent records of El Parque. IF any one of them had a lick of common sense they would have never allowed those comments in the June minutes and go out to all homeowners. However, they all followed in lock step like the non-independent thinkers that they are. Thereby making themselves equally responsible for the Treasurer's words and possibly putting themselves and El Parque in the position of having to defend themselves in court for slander.

This only goes to prove that we need to get our uninformed homeowner's out of the Administration of El Parque and that we need an Administration firm that knows what it's doing and will not be dictated to by mean spirited, vindictive, arrogant, uninformed homewoner's who will continuously place El Parque and our homes in finances jeopardy. They did that once and it cost us dearly and we got nothing more than a 30 minute excuse in return.

Folks this is not some chess game. This is like high stakes poker and they are gambling with our chips carelessly, putting our homes and finances at risk every day because of their arrogance and by making on the spot, uninformed decisions. Some day their unwillingness to listen and learn may come back to bite us all in the ass. AGAIN!!!!!

posted by Anonymous : 2:21 PM, July 21, 2012

Now that we have "NO PARKING" signs outside the EP gates, a great idea to prevent accidents, could we now have STOP signs or speed bumps in EP to prevent accidents?

posted by Howard and Diane Casa 2 : 2:08 PM, July 29, 2012

An e-mail was addressed to us with cc to some home owners in EP. The subject was "Shock and surprise in reference to your visit to City Hall". WE replied to the sender that we have never met with Senior Amavizca from City Hall. Our lawyer has been advised. Firstly may I say that we have lived in EP for 6 years, we are happy to be guests in this beautiful country called Mexico.

For those who may think that if you reside in a gated community, in Mexico, you are in a State called USA/Canada, don't be fooled we ARE in a State called Jalisco and we must obey the Jalisco laws.

Just to give some history to our efforts to clarify a worrisome activity in EP. We were hearing some rumblings about the Wednesday night gambling in EP. At one time the residents of EP got together in the club house and had a jolly good time. Then it became open to guests and they came from as far as Guadalajara. As any full time resident we asked for legal advice.

We received a WRITTEN legal opinion" from a well respected L.L.M. and Notario Public Senior Jorge Luis Ramos Uriarte, Notario Publica 4, stating that according to Article 1.- of the Federal Law of Games and Raffles any Poker games where bets are involved are ILLEGAL. Article 12 states a penalty of 3 YEARS and 3 MONTHS could be imposed on the owners, organizers, managers or administrator of a open or closed place where ILLEGAL poker games take place.

The original document, of the above, including the copy of the Federal Law of Games and Raffles was handed to our administrator on April 23rd 2012 copies of the "legal opinion" was sent to many home owners. We believe it is our right to seek legal advise on anything that may jeopardize our well being as well as those residing in El Parque.

posted by Howard and Diane Casa 2 : 9:41 AM, August 25, 2012

A visiting relative at our home here in EP got wind of some of the various controversies taking place in our community and asked several relevant questions. I suggested our visitor peruse this blog since she has had some experience with difficulties arising from non-professional Boards of Directors of condominiums NoB. She mentioned that these kinds of difficulties have been so common as to be "the norm" in condos, which is why most condos have now chosen to hire bonded, professional administrative/management companies to deal with the overall and day-to-day operation and management of the condo. The "power" of the Board of Directors is, of course, much reduced with the Board usually only acting as a liason with the owners when necessary, as a sounding board for suggestions, helping to run AGMs and that sort of thing. In short, our visitor suggested that the problems and antagonisms that we are experiencing are easily resolved by having a professional (and bonded) management company take charge, with any amendments to by-laws or implementation of new policies, etc., dealt with at AGMs or other types of meetings permitted under the by-laws. Our visitor feels strongly that we all need to take a step back, take a breath and start working on a long-term solution so that EP residents can just enjoy this lovely place. Comments?

posted by Anonymous : 3:13 PM, September 14, 2012

How long,
Tell me how long,
Have lies of silence gone on,

Since you last disobeyed a board president by looking at this blog,

0 days, Shame on you,

Since any official indication of 2013 General and Extraordinary Meeting events, though gossip has president claiming everything passed while administrator declares nothing did,

15 days and waiting,

Since any administrative mention of its unheard-of attempt to have two home owners deported, despite that the board president participated and three board meetings occurred,

71 days, Must not have happened,

Since home owners’ yet unfulfilled request for financial books from an administration required by law to provide them,

153 days and counting,

Since any accounting of piles of cash generated through board bar and grill operation,

Never yet. How dare you ask,

Oh well,
Never mind,
Run along and play,
Or get the hell out.

posted by Anonymous : 1:10 PM, February 25, 2013

Cynicism and sarcasm are not constructive avenues for dealing with the issues that concern you. Perhaps your efforts would be better spent working with the board and administrator to resolve what ails you. Or better yet, why aren't any of you running for the thankless job of being on the board or do you just enjoy heckling and harassing. As you say in your last post "why not just get the hell out".

posted by Anonymous : 5:11 PM, February 28, 2013

I want to amplify on the post of Sept 14, 2012, and respond to the recent post of Feb 28, 2013.

There is NO reason why being involved in the Board of a condo needs to be "a thankless task". Tedious, perhaps, and occasionally time-consuming, but why "thankless"?

Well, it appears from a reading of this blog that the current Board has been engaged in a remarkable and needless level of micro-management of the condo, in addition to various extraneous activities such as unsuccessfully seeking to have two homeowners deported, stonewalling on a perfectly legitimate request for an audit of the financial records, holding homeowner meetings that vilify specific homeowners, etc., etc. No wonder their task seems "thankless" ... they have gone well beyond any reasonable performance of what should be the fairly straightforward tasks involved in management of the condo.

It is evident that there has been a remarkable lack of professionalism in how the administration of the condo has been taking place. Of course, "personalities" come into play in these kinds of situations, but that should not be determinative of the quality of management of a condo.

I would therefore suggest that the Board or a separate committee look into bringing in a professional, bonded, management company to handle the day-to-day functioning of the condo. (From what I understand, such companies exist in the area and are being used by other condos.) The condo by-laws should be reviewed and amended to ensure they conform to state law and to eliminate extraneous policy issues that are best dealt with through general "guidelines" for homeowners. The financial records should be audited and adjusted in accordance with recommendations of the auditor which, of course, should be communicated to the homeowners.

It is unfortunate that the now standard response to any criticism of the lack of professionalism of the Board and Administrator is "get the hell out". It really is time for some objectivity and professionalism.

posted by Anonymous : 9:27 AM, March 09, 2013

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