Status of legal Actions
Currently there are 2 civil actions and 2 criminal actions pending.
Civil Cases
1st case
Filed against the Administrator of the Property Regime Haciendas Palo Verde Ariana Sanchez Tores.
The demand is to produce the HOA books as required by law.
Commentary. Opposite to statements of the Surveillance Committee, this filing is not against the HOA or any individual property owners. Statements to that effect are misleading.
This action is in the best interest of all property owners as in the current situation they have been denied their legal rights to consult the books of the HOA, and the action will make sure property owners will get access to these books. We will share all obtained information with every proper owner who was denied this information by the Administrator.
Status: The Administrator has not complied with the court order and has been fined by the court. She is misusing HOA funds to pay for her personal legal expense. Currently she has filed an Amparo case to stop the legal action. The Amparo court has denied the request and the legal action is ongoing.
The Board and Administrator demand an illegal special assessment from property owners under the false pretense the HOA and each of the 106 property owners had been sued and there are unplanned emergency expenses. Both statements lack any factual support and are pure lies that are told to property owners.
2nd Case
Filed against the Administrator of the Property Regime Haciendas Palo Verde Ariana Sanchez Tores.
The demand is to produce the HOA books as required by law and answer several questions on financial matters under oath
Commentary. Opposite to statements of the Surveillance Committee, this filing is not against the HOA or any individual property owners. Statements to that effect are flat out lies.
This action is in the best interest of all property owners as in the current situation they have been denied their legal rights to consult the books of the HOA, and the action will make sure property owners will get access to these books. We will share all obtained information with every property owner who was denied this information by the Administrator.
Status. Hearing on April 25th.
The Administrator was ordered to answer a set of admissions under oath in front of a judge. Ariana decided not to comply with the court order which was served in January 2023. The judge was not pleased by her decision and ruled all admissions as being answered by default with “yes”. We wait for the judgement in writing and once it has been issued we will inform the community what our Administrator has admitted. Additionally a motion was filed to compel the Administrator to deliver the missing HOA documents to the court. Once the renewed court order is issued we will inform about it.
Criminal Investigations
Criminal investigations are in Baja California Sur conducted by the Procuraduría General de Justicia del Estado (PGJE). This agency is currently investigating 2 Criminal offenses possibly committed by the Administrator of Haciendas Palo Verde and accomplices.
1st Case
Fraudulent Administration
Fraudulent administration, or “administración fraudulenta” in Spanish, is a criminal offense under Mexican law. It is defined as the act of using fraudulent means to manage, administer, or dispose of assets or funds belonging to another person, with the intent of causing harm or obtaining an undue benefit.
There are justified suspicions that multiple criminal offenses of this kind are being committed.
The investigation is conducted to uncover the facts and either absolve the persons under suspicion or route a case to the criminal court for prosecution
Under Mexican law, fraudulent administration is considered a form of embezzlement or misappropriation of funds and is punishable by imprisonment and fines. The severity of the punishment depends on the amount of money or assets involved in the fraud, as well as the degree of harm caused to the victim.
Status: The case is accepted by the investigative Unit of Procuraduría General de Justicia del Estado (PGJE) and the investigation ongoing.
2nd Case
Falsehood before specific Authority (falsedad ante autoridad específica)
In Baja California Sur, “falsedad ante autoridad específica” refers to the crime of providing false statements or documents to a specific authority or official. This offense is a form of perjury or false testimony, and it is considered a serious crime under Mexican law.
There are justified suspicions that multiple criminal offenses of this kind are being committed.
The investigation is conducted to uncover the facts and either absolve the persons under suspicion or route a case to the criminal court for prosecution.
Falsedad ante autoridad específica is punishable by imprisonment and fines, and the severity of the punishment depends on the seriousness of the offense and the degree of harm caused to the victim or to the justice system. This offense can have serious consequences, as it can lead to wrongful accusations, wrongful convictions, and a general erosion of trust in the justice system.
Status: The case is accepted by the investigative Unit of Procuraduría General de Justicia del Estado (PGJE) and the investigation is ongoing.