Administrator attempts to fine Property owner for driving to his house.
Not believable? Yes, it happened. A property owner received an email on May 5th from the administrator assessing fines for driving to his home. Accompanied was this demand by a number of files we are partially sharing here to document the case.
What happened ?
The administrator announced a “asphalt irrigation” in an email of April 15 2024 :
“I remind you that Friday and Saturday from approximately 10am to 6pm, full access will not be allowed, only the owners will have access, please inform your contractors, workers, visitors, real estate agents that, Friday and Saturday, no They will be able to access within the mentioned hours. The owners will be notified when the street is completely full of asphalt and the road is completely closed. Remember that we have to allow at least 2 hours for the asphalt irrigation to soak in well.”
The “asphalt irrigation” is better known as a fog seal.
A fog seal is an application of a specially formulated asphalt emulsion (a thin liquid oil) to an existing asphalt pavement surface. A fog seal gets its name from its spray application, sometimes referred to as “fogging.” If this oily liquid splashes on a car, it can leave ugly and hard to remove spots.
On April 19 shortly before noon a spray truck applied the oily liquid to the road.
The Administrator did not sent any notification on the official email line for property owners about a 100% street closure, nor were any signs posted about this on the actual street.
2 hours later around 2:00 PM a property owner returned from grocery shopping and drove to his house. (Video courtesy of the Administrator)
Notice the dark colored street, the dry tires and when the camera turns into the sun, how the oil spray has completely dried. Also the car leaves no visible tracks. No surprise here as per the manufacturer the oil is absorbed in warm conditions in less than an hour.
The Empire strikes back.
On April 26 2024 the property owner received an email notice from the Administrator that she will fine him and also demands “damages” of over 8000 pesos.
When the owner responded that he was not informed about road closures and there where no signs posted either and there are no road damages. The administrator ignored this and proceeded to make further threats and monetary demands.
To support her case the administrator provided images and videos for “evidence”. Some are shown her to demonstrate how outrageous and unreasonable the accusations of the administrator are.
This image was send by the Administrator as proof the road is damaged . While it is not clear, where this picture is taken, it is abundantly clear…..
… that the tire mark is not from the tires of the car in question.
The same car is seen parked here, (picture courtesy of the Administrator). And it is also abundantly clear the seal coat is intact in all places, even though the car has visibly maneuvered on the road. Which proves the seal coat had dried.
Why?
What drives the Administrator to make provable dishonest demands accompanied by threats one could view as extortion attempts.
The administrator is under investigation to use HOA funds for private matters. And these investigations are initiated by 3 different property owners, one of them you guessed it, drives a beige Toyota FJ Cruiser.
When the administrator refused as required by law to provide HOA documents and financials for review, some property owners took legal actions to force the Administrator to produce the requested documents in court.
Since that time the administrator is on a warpath against these property owners. She directs the security guards at the gate to block access for them to their homes. Blocks deliveries, employees and services in the hopes to put pressure on the property owners to cease their legal efforts for transparency. All this is leading to a mountain of criminal and legal charges against the administrator and the board, as well as enormous disturbance of the peace in the neighborhood.
It is common knowledge that legal processes in Mexico are slow and cumbersome, so in a massive miscalculation she might think that with enough harassment the property owners will give up.
And so she is doing her best.