Communique 12, Central Park

MAY/08/2019 – COMMUNIQUE 11, CENTRAL PARK –
Dear Colonos,

At the December, 2018 assembly meeting, it was voted that Colonos should carry out the necessary formalities to investigate before the authorities the current process of authorization and permits for the proposed project by the developer to amend the master plan, that include the Central Park project/ New Lots.

We want to inform you that in close collaboration and thanks to the good will of the new Municipal administration and the Office of Urban Development towards Colonos, we have received important information, including that the project known as CENTRAL PARK HAS NO BUILDING PERMIT OR GOVERNMENT AUTHORIZATION by the Municipality.

Therefore, our position about the Central Park project is:
• The project of Puerto Aventuras and its master plan, always contemplated an 18-hole golf course;• The investment that most of us residents bought was always under the premise of an eighteen-hole golf course. Neither the Central Park nor an additional density of 87 new single-family homes, was ever part of our initial investment;
• Central Park impacts the patrimony of all Residents in a negative way as it is much more valuable to live with proper urbanization and a complete 18 hole golf course than a partial one
• It affects the patrimony of the neighboring owners in a negative way. An average home on the Puerto Aventuras Boulevard, with the golf course behind it, increases its value considerably compared to the same home adjacent to a park;
• It would negatively affect the quality of life of the surrounding neighbors due to:
1. the noise and the trouble arising from the proposed facilities,
2. the noise of the Federal Road which increased considerably after the illegal clearing of the trees;
3. the annoyance that the building of eighty-seven new family homes would generate for several years.
• We would need to understand the environmental impact (flora and fauna) which the elimination of this green area would mean, as it represents a great percentage of the small and only green area remaining in Puerto Aventuras;
• The project and its terms were not developed jointly with the Homeowners, and did not consider the benefit and interests of the Homeowners. The conditions presented by the developer are for his own benefits and not for the community.
1. Fideicomiso/Banco Santander SA de CV. adds 87 lots which would generate them and extra income of several millions of dollars
2. The Homeowners gain a park for dogs, walkways for strolling, a cement court, parking areas, that we will need to maintain in the future;
3. Fideicomiso/Banco Santander SA de CV., builds facilities in common areas, etc., of which it becomes the owner, but Colonos pays the maintenance and operating costs for these areas. The developer accumulates another asset, while Colonos gains more expenses and responsibilities
• The approval process indicated in the law was not followed;
• This was not approved by the General Assembly and as presented today, does not have the approval of the current Board of Directors, until we find ways to balance the situation and have it be approved by the assembly;
• This shows clearly, again, a double discourse of the developer. On one hand, he demands strict observance of the initial plan of Puerto Aventuras, its philosophy, the building rules, etc., and on the other hand, if they change the initial plan to their benefit and do it without the permits from the authorities and without the approval of the general Colonos Assembly, then it is fine;
• This could be in the benefit of the community, but for this to be true, they would have to amend the terms and implement the proposal in a win-win manner between Colonos and the Fideicomiso/Banco Santander SA de CV.
Another point to consider is that, the current legal loophole where the development currently stands, does not allow us to support this or any similar project until we have the legal guarantees that they will not be arbitrarily and/or violently taken away by the Fideicomiso/Banco Santander SA de CV., as it happened previously with the main entrance and the alternative vehicle entrance.

Unfortunately, after having experienced the arbitrary actions of the developer, it is essential for the Homeowners to have ADMINISTRATIVE AUTONOMY from the Fideicomiso/Banco Santander SA de CV. Interaction will remain in a respectful, conciliatory manner, facilitating communication and not trying to take advantage of the negotiations, regardless of the effort and the funds required, this has to be our final objective.

It is for these reasons that, resolving the legal framework becomes a priority:
• Continuing as an unfinished Public Development, affects us negatively, practically in all areas.
• Only when we reach a two-party agreement between Colonos and the City Hall, will we be able to end the judicial loophole that the developer is using to his advantage.
• Only through the formal delivery of the development to the City Hall, will we be able to force the developer to comply with his obligations according to the Law of Public Developments of Quintana Roo which stipulates the minimum requirements for the development, among them:
1. A minimum percentage of green/common areas;
2. A minimum number of total parking spaces
3. the construction of sidewalks, etc., etc.
• Without the obligation from the authorities and the law, we consider that it will NEVER be possible to get the developer to spend his money to meet his responsibilities and obligations that the law indicates for a development the size of Puerto Aventuras.
1. In this sense, the reception of Plan 4 is a perfect example to illustrate this. The developer committed formally, in writing, to pay for and to complete several outstanding issue as a condition for the reception. To this date, neither his words, nor his signatures have proven to have any value.
• This is the only solution that will really allow us to protect our investments and to achieve autonomy from the Developer;
• We have already seen and lived the illegalities of the Fideicomiso/Banco Santander SA de CV. and we cannot continue along that line;
• The developer could continue amending the master plan (amend it without the consent from the majority of owners of Puerto Aventuras) they used to sell the project to the homeowners and eliminating common areas that had already been marked in the master plan that belong to everybody, to turn them into more residential homes or commercial areas, in his quest to continue profiting without limit (this behavior could well constitute a felony of fraud).
• Every time density of the master plan increases, our quality of life decreases and so does the value of our patrimony.
• Tomorrow, we could see a new building erected by the developer in what is currently a fairway in the golf course.
• This stops us from investing money “considerable amounts” in significant improvements to “common areas, roads, and rights of way”. Until Colonos is the only party with the right to their possession, responsible for their payment, management and control, and that we have all the juridical certainty that they will not be taken away from us again by the Developer.
Lastly, we ask you again for your trust and support.

Our actions are yielding results in all instances and, very soon, we will have very definite news to share with you.

SINCERELY,
The Board of Directors

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