Communiqué 9, Temporary Finalization of Negotiations

April 4, 2019 – Temporary Finalization of Negotiations –
Dear Colonos,

One of the main reasons for joining as a new Board Members was to satisfy the demands of the Developer, who claimed that as soon as the new board was in place he would hand over the front gate, dissolve “the Covenant” and we would return to an amicable working relationship between Colonos and Fideicomiso.

Today, almost 90 days after taking up the new positions, we can assert that we are and will always be open to negotiation, but unfortunately, we now understand that this approach is futile and therefore consider this round of negotiations, temporarily at an impasse.

Each meeting in person between Colonos and the Fideicomiso has concluded with verbal and written agreements, which have been religiously broken or disregarded unilaterality by the developer, as has happened always in the past.

This lack of transparency and seriousness or willingness to reach an agreement, together with the illegal and criminal actions taken at the front gate and at the second entrance opened for Colonos, forces us to look at other ways, be them Legal, Governmental and/or Social, to ensure the well being of the community and of our patrimonies.

Unfortunately there seems to be a legal loophole that allows the developer to claim illegally and irregularly, actions as rights, and (who although representing A MINORITY with only 15% of the development) to control and impose his minority interests over the majority of the Colonos. Fideicomiso is no longer the owner of the Puerto Aventuras, as it has sold its shares at a healthy profit.

The role and responsibilities of a developer of a Fraccionamiento are temporary, not permanent, and after 28 years, it is time for Colonos/owners to take absolute control and administration of their community and their future.

We the owners of Colonos, with our money, have been taking over the developer’s economic responsibilities for more than 20 years, such as the construction of the streets, their lighting, the perimeter fence and all the maintenance of the common areas, among others.

We, from our pockets have also been paying for the security of the complex, the employees, investing in technology and all roads maintenance for more than 20 years.

So, how can a new self appointed “Association” of a very small minority, with legitimacy or moral value or representation in the community (the COVENANT), control the security and right of passage to the homes of the majority who pay for everything?

Our answer is simple: THEY CAN NOT, AND WE WILL NOT ALLOW THEM TO CONTINUE TO TRAMPLE OUR RIGHTS. Only the majority of the homeowners will look after their own interests.

We have given ourselves to the task of understanding the legal framework, our options and possible strategies, and today we can assert that we are better prepared than ever to defend our rights, our community, our security and that the paths to our freedom and autonomy are being sought through multiple paths.

Finally, we remind you that WE AREA ALL COLONOS and that now more than ever we need to be united and show our support.

Anyone interested in assisting in this next stage, please contact the Admin office at + 52-984-873-5116.
Sincerely,
The Board of Directors

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