To: HOA Members of Sub-Regime 16A Date: April 30, 2010
From: Your Surveillance Committee
During the past two years some condo owners have challenged the way we allocate the condo portion of our dues. They believe the current method which is based on the total square footage of each condo conflicts with our By Laws.
They contend our dues should be allocated on a per door (1/65) basis.
In the past the Surveillance Committee has raised this question with our Administrator. The Administrator has obtained legal advice and he has decided that the current method of allocating dues is correct.
Because this problem has continued to persist, the Surveillance Committee decided to obtain opinions from Lic. Jesus Alberto Humaran, attorney and public notary No.70, and from the law firm of Noriega S.C. We provided each firm with a list of questions to address the opinions of the dissenting owners. We also obtained new English translations of critical and contentious clauses in our By Laws and in the Joint Ownership Regime Law of Sinaloa.
Each attorney responded and their opinions are included in our attachment. The Surveillance Committee reviewed their responses, analyzed our By Laws and the Joint Ownership Regime Law of Sinaloa, and then submitted a more exhaustive list of questions to each attorney.
We met with Noriega to review their first opinion letter and to respond to questions they had about our second set of questions. Noriega Legal S.C. subsequently issued a second opinion letter. Lic. Humaran did not issue a written opinion to the second set of questions but did meet to discuss the questions with Cliff du Fresne. Cliff’s report of that meeting and Humaran’s answers are included in the attachment.
The Surveillance Committee, after a review of the legal opinions, and after two meetings with the attorneys has concluded that:
– allocating dues by door does not comply with Sinaloa law
– the pool area and grounds are the common property of the condos
– condo dues must be allocated on a per square foot basis
We have also concluded that our By Laws and Condominium Regime are very poorly written, they do not fit our situation, they conflict with Sinaloa Law, and they need to be re-written.
The Surveillance Committee intends to submit a motion at our HOA meeting in December 2010 to seek your approval to clean up our By Laws. And as long as we are going to re-write portions of our By Laws, we think this would be a good time to make improvements to them. Consequently, we will put forward individual motions to make specific improvements for you to vote on.
The attachment contains a complete record of our analysis of our By Laws and of Sinaloa Law, the questions we prepared for each attorney, the various responses and legal opinions we received, our analysis of those legal opinions, a summary of our meeting with Lic. Humaran, and English translations of several contentious and critical clauses from our By Laws and from the Joint Ownership regime Law of Sinaloa.
Your Surveillance Committee
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