Reunión de propietarios 2016

[Marco]

FECHA: Miércoles 27 de Enero de 2016
HORA: 3:00 pm a 6:00 pm
LUGAR: Salón Paradise Banquet Hall (Vía España a Vía Brazil - Edificio Arrocha)

attachment=0]Reunion-de-Propietarios.jpg[/attachment]

[Marco]

ENGLISH VERSION:

Property Owners Meeting

The Administration of Los Altos de Cerro Azul together with the Founding Steering Committee agree:

To call for a meeting of property owners of the mountain residence Los Altos de Cerro Azul in order to establish an association and to consult and approve aspects of its structure.

Agenda

1. Report from the Founding Steering Committee.
2. Present the proposals of professional fees to comply with the corresponding legal processes in order to create a property owners association and the way to proceed.
3. Ratify or elect the members of the Founding Steering Committee for the year 2016 (a principal and a substitute for each neighborhood).
4. Report of the administrator and the management plan for fiscal 2016.
5. Other business.

DATE: Wednesday, January 27, 2016
TIME: 3:00 pm to 6:00 pm
LOCATION: Paradise Banquet Hall (Arrocha Building - Via España at Via Brazil)

SIGNED: Gabriel Correa, Administrator
Los Altos de Cerro Azul

Olmedo García, Property Owner & President
Founding Steering Committee


Please confirm your participation to:
Email: administradora@losaltosdecerroazul.net
Phone: 297-7189 or 297-7480

[colmport]

Why is this meeting being held during the work week in Panama City. The meeting relates to our property here in Cerro Azul. Many of us have little to no desire to venture into the City. I for one, avoid the City as I would avoid a plague. I will venture into the torture chamber for medical emergencies or if entirely unavoidable.

I am wasting words. My point is; any and all meetings regarding our property in Cerro Azul should be held exclusively in Cerro Azul. Intentionally excluding those of us residing here is inappropriate. My interests and those of my wife and others residing here (as opposed to those who own property but who reside in the City and thus have less true interest in the quotidian operation of this community) cannot be guarded if we are intentionally excluded from meaningful participation. If we are excluded from participation in such meetings, our inclination to approve anything dreamed up at such meetings or to ratify the same is nil. Nothing can be legally enforceable without the consent or the ratification of all property owners; or at least nothing can be enforced against or any funds collected from any party that does not affirmatively ratify any new regime.

Mark y Yari Ort
Casa 61, Torreon

[John James Cilliers]

From John Cilliers. Owner of 16, 17, 18 Alcazar and 123 La Fortaleza

I agree with the two other owners on their concerns.

Concern number 1: Payment of Legal fees
I am nor in favor of paying for any legal fees from our TSM.
This can only result in higher TSM costs and being a owner of 4 properties I will not support this.

Concern number 2:
At all the meetings with regard to this issue there was always around 3% (60 people) to 5% (100 people) present at the meetings.
There are 2000.00 lots in Los Altos. Vistramares and Mello only own a small persentage of the lots and the rest is private property.
All the decitions taken at these meetings is therefore illegal because it is not democratic.
A small group of people can not make legal decitions on behalf of the majority of owners.
The Panamanian law is very clear about the attendance percentages and voting rights of property owners.

There seems to be a idea among some people in Vistamares and the steering comitee that a small group of owners present at meetings can make decitions for the majority of all the owners of Los Altos de Cerro Azul.

I support a all inclusive (80% to 100%) democratic process taken by all the owners of Los Altos de Cerro Azul.

Without this fully democratic process I would not concern the process or any decitions or new structures resulting from a process that is not fully democartic legally binding.

Concern number 3:
I agree that holding the meeting in the city will exclude the attendance of a big amount of property owners.
Decitions on Los Altos de Cerro Azul should be made within the community.
having the venue for the meetring in the city naturally excludes people that does not have transport and older people.
It also excludes people with small children and other people witb similar problems.
We will not be able to attend the meeting in the city for the same reasons.

We will oppose any decitions taken at meetings where the majority of owners are not present.

Regards
John Cilliers
Alcazar 16, 17, 18 and 123 La Fortaleza
Casa> 2977157

[Cindy Lieurance]

Dear Mark and neighbors -

Your direct and well-written post regarding the upcoming general assembly echo some of the concerns held by us and many of our neighbors here in Los Altos de Cerro Azul. This includes property owners who spend time here only on weekends and holidays, those who spend 1 or 2 or 6 months per year in Cerro Azul, as well as those who reside here full-time.

The timing and venue of the meeting illustrate one of those minor concerns. They are arranged for the convenience of Vistamares. The Founding Steering Committee proposed meeting dates and locations more suitable for all property owners. These suggestions were either ignored or changed by Vistamares without comment. If we are to have a voice in this and other aspects of our investments, then The Homeowners Association is mandatory.

It should not be forgotten or ignored that some of the property owners who have shown the most dedication to the formation of The Homeowners Association do not reside here full-time. Like many extranjeros, most of them have another place of residence, but they maintain a serious interest in the operation of this community. Some of them are able to come up only on weekends or holidays, while some of them do not even have a house yet - only a lot. But they have shown a great deal of investment in the betterment of this development.

The members of The Committee, along with others, have devoted countless hours to this cause over the past 4+ years. They have held many planning meetings. They have read and studied all the bylaws (not just one set - each of the 9 barriadas has its own), going over every detail, suggesting changes and improvements. They have met with Vistamares numerous times. They have interviewed lawyers. When their efforts were blocked, when Vistamares had no interest in considering the lawful creation of The Homeowners Association, these people on The Committee did not give up - they persevered and found a way to move the process forward. And they are finally seeing some success. Thanks to them all!

The Homeowners Association is something that should have been formed years ago, as mandated by law. Now, at long last, progress is being made towards that end. Vistamares has communicated its desire to make this work. That is why this meeting is important for all of us.

As we all know, there are some who refuse to pay the monthly service fee (TSM) charged by Vistamares. After all, this is just a company providing a service in which they, the owners, have no say. Perhaps not every owner will agree to join The Homeowners Association. But, we are hopeful when people see that their concerns are considered honestly by their neighbors in decision making that the benefits of The Homeowners Association will be evident.

Panama City can be a nightmare of traffic which many of us endeavor to avoid. We all complain about it. If you are unable to attend the general assembly for any reason, there is a provision for proxy voting being organized by The Committee. We urge all property owners to take this opportunity to make their voices heard. If we can assist anyone with this process please let us know.

We as property owners should have a voice in the day-to-day operations of the development. Not everyone will agree on the correct path. Change is difficult. Democracy is messy, but in this case it's all we've got. Creating The Homeowners Association is a step in the right direction. The rest is useless complaining.

Respectfully,
Cindy and Leslie "Marco" Lieurance
#233 El Centinela

[Maricia Miller]

We have only just returned to the lovely mountains of Cerro Azul after many months of being away.
Meanwhile, we have tried to stay on top of what progress has been made by those few folks who have taken the time, and energy to move things along.
While our Spanish has not improved, we will plan to attend the Reunión to SUPPORT those involved and are willing if asked, to be proxies for neighbors who canNOT attend. We recognise the importance of moving forward, and most of all we want to APPRECIATE those who have CONTRIBUTED time and energy, let alone their own money on gas for the many meetings it has taken to get THIS far! I would like to encourage ALL owners to think positively about the whole process, and get INVOLVED as much as reasonably possible. Once we truly have a viable and operational HOMEOWNERS ASSOCIATION, in cooperation with Vistamares, we will surely feel more empowered about the future of our homes and investments.
Maricia y Ted
204 Centinela

[colmport]

Leslie:

Thank you for all of your efforts and for your input.

I agree that a proper homeowners' association should have been formed from the beginning. It is difficult, sometimes nearly impossible, to rectify errors of the past. Hopefully the rectification can be done; done properly and to good effect.

Many of the concerns you hear from our neighbors are expressions of fear of the unknown. Most of us know the devil we know. Many fear the devil we do not know. Many fear that Cerro Azul will decline to become a mirror image of Los Pinos or of Las Nubes. There is fear of a decline in property values if or when the services that attracted us here and that keep us safe and content in our paradise are removed. Who will maintain the streets? Who will service the water lines (which break daily)? Who will maintain the signs and the common areas? Who will operate the Club and maintain the pool? Will management find some local contractor to undertake this mission? At what cost to the property owners?

It is assumed by some that the current contractor will continue indefinitely under some new management. It is assumed by the same crew that the new management will have the same business experience, savvy and financial resources as the current "management". I hope and I pray that this is true, however, my long legal and business experience makes me highly skeptical. If services and conditions decline; what is the likelihood that the majority of non TSM paying property owners will suddenly start paying their fees? What reason will current payors have to pay if services and conditions decline?

I hope that all of these issues are matters that will be discussed and taken into consideration prior to the final launch on a maiden voyage to a new world. I do not want to take the maiden voyage of the HMS Titanic sequel.

Again I thank you for all of your time and your efforts. My wife and I are currently half year residents but hope to be full year residents as soon as I can fully retire (as she has). Yes, I am a Pensianado. My wife, however, is a born and bred Panamanian who knows her native country and its ways too well. Her mother has known the senior Sr. Melo since their time in school and through the university. She speaks of a highly intelligent and wholly honorable man who is a rare beacon of integrity and honor in nation where such attributes are in somewhat short supply. Again the known quantity versus the devil you do not know...

We are honored to be neighbors and hopefully friends of all who share our paradise.

We will stay tuned.

Dr. Mark P. Ort y Yariela U. Ort
Casa 61, Torreon

[Susana Ho]

Feliz Año a todos y Buenos dias:

Acabo de leer la convocatoria a una reunion en la ciudad de Panama y mis puntos de vistas son las siguientes:

1- Considero que si es para bien de la mayoria de los que residimos en la capital, en horabuena. Y estoy
en desacuerdo en que sea un dia de semana y en horas laborables. (claro esta, tenemos que hacer un
esfuerzo, si, realmente estamos interesados en los asuntos para nuestro bienestar).

2- Igualmente, las reuniones que han convocado la mayoria de las veces en Altos de Cerro Azul, lo hacen en
dias y horarios a los que no podemos asistir, no se, si sera para comodidad de la administracion o de los
que residen permanentemente ahi.

3- Por favor, lleguen a un acuerdo para que esta reunion que nos debe importar a todos los propietarios, indistintamente
residan en Altos de Cerro Azul o en la ciudad, tengan lotes o casas, TODOS SOMOS PROPIETARIOS y a todos nos
debe importar y sea un exito. NO SEAMOS EGOISTAS, NO SEAMOS DISCRIMINATORIOS, seamos
conscientes y unamonos o nos volveran a imponer sus condiciones y su voluntad.

4- Y si pueden y quieren, sometanlo a votacion, si es en Altos de Cerro Azul o en la ciudad, pero en un horario apropiado y
no laborable.

gracias y exitos en sus funciones a todos

Susana Ho
Torreon 60

[Marco]

(This post is being forwarded since it was dropped from the daily digest. PACAR)

From John Cilliers. Owner of 16, 17, 18 Alcazar and 123 La Fortaleza

I agree with the two other owners on their concerns.

Concern number 1: Payment of Legal fees
I am nor in favor of paying for any legal fees from our TSM.
This can only result in higher TSM costs and being a owner of 4 properties I will not support this.

Concern number 2:
At all the meetings with regard to this issue there was always around 3% (60 people) to 5% (100 people) present at the meetings.
There are 2000.00 lots in Los Altos. Vistramares and Mello only own a small persentage of the lots and the rest is private property.
All the decitions taken at these meetings is therefore illegal because it is not democratic.
A small group of people can not make legal decitions on behalf of the majority of owners.
The Panamanian law is very clear about the attendance percentages and voting rights of property owners.

There seems to be a idea among some people in Vistamares and the steering comitee that a small group of owners present at meetings can make decitions for the majority of all the owners of Los Altos de Cerro Azul.

I support a all inclusive (80% to 100%) democratic process taken by all the owners of Los Altos de Cerro Azul.

Without this fully democratic process I would not concern the process or any decitions or new structures resulting from a process that is not fully democartic legally binding.

Concern number 3:
I agree that holding the meeting in the city will exclude the attendance of a big amount of property owners.
Decitions on Los Altos de Cerro Azul should be made within the community.
having the venue for the meetring in the city naturally excludes people that does not have transport and older people.
It also excludes people with small children and other people witb similar problems.
We will not be able to attend the meeting in the city for the same reasons.

We will oppose any decitions taken at meetings where the majority of owners are not present.

Regards
John Cilliers
Alcazar 16, 17, 18 and 123 La Fortaleza
Casa> 2977157

[iqsimons]

Estimados propietarios:
Por medio de diversos comentarios, intervenciones, escritos y CAPSULAS INFORMATIVAS DEL COMITÉ DIRECTIVO FUNDACIONAL (CDF) publicadas en este Fórum y adjuntos dados a conocer, puedo analizar y observar que hay acciones donde:
1. Se dan avances, acuerdos, cambios, ajustes; hay obstáculos, se detiene, se retoman tareas y la ruta para volver al camino del objetivo para la legalización y funcionamiento de una asociación.
2. Veo también que existe el interés de propietarios para participar en las decisiones que toma el promotor o administrador sin la intervención del propietario.
3. Se considera necesario que los propietarios asumamos el rol de participación que nos corresponde.
4. La máxima ganancia es que somos más conscientes
5. Indudablemente contamos con mayor información.
Es por ello que todos debemos hacer el esfuerzo de asistir a la convocatoria del día miércoles 27 de enero de 2016, pues se trata de consensuar decisiones para resolver situaciones que afectan el lugar que escogimos para vivir actualmente de manera permanente, parcial o temporal o bien para que sea nuestra futura residencia .
Saludos cordiales,
Iris Quintero de Simons – El Frente No. 89 - iqsimons@gtempus.com – 236-4587 6673-6750