Some time has past since the last update. Courts in Mexico are moving slow, like almost everywhere. In this update we will focus on the medios preparatorios, criminal law and some community developments related to those. There is plenty of progress with civil cases, but we will talk about that at a later time.
Medios Preparatorios (The administrator of the property Regime is asked to produce documents)
The administrator has lost another appeal, against the court order to produce HOA documents. So far, she has not completed her task and made herself eligible for further fines and penalties. The court is ordering her again to comply with the order.
The board and administrator decided to impede the access for 7 property owners to their property.
The board and Administrator decided to block and impede property access for 7 property owners referring to an illegal regulation that was never properly formed in combination with fraudulent demands. The Administrator resisted 3 efforts to mediate the issue. Pending the judicial evaluation, this behavior could constitute a felony and have serious consequences. The administrator ignores a protective order claiming it is “erroneous” and she is only doing her job. She is apparently not aware of the consequences when a court of law happens to disagree with her.
Case for fraudulent Administration
The board and administrator also have a criminal case pending for fraudulent administration. This case stems from the special assessment, which several property owners consider unlawful. In this case a control hearing was scheduled to review the progress the prosecutor’s office has made. About a dozen stakeholders (developer, current and former board members) and about the same number of misinformed people attended the hearing not understanding in the slightest what the hearing was about. In the hearing the prosecutor told the judge he was not prepared to answer the questions. And the Administrator stated truthfully that she did not know what was going on. The judge decided to move the hearing to a new date.
Community developments
The stakeholders and some misinformed property owners are plotting away since then how to best show their support for the Administrator and bully their neighbors. The discussed solutions include picketing in front of the houses of certain property owners, maligning them to expats and the local Mexican population, placing bullying signs in the front yards “where they have to see them very day”, going to court with bullying signs on T-Shirts and more.
The narrative they are telling themselves is “a Mexican mother is being bullied with lawsuits by rich Gringos” and they are the good guys being against all bullying. All the while extensively plotting how to best bully their neighbors.
There is some insight into wrongdoing though. (Better keep it secret…)
“Trust me – everything we all write – he is reading. Sharing a game plan is not the best idea. Face to face in person is the safest way to do things.”
And the idea to advocate against all bullying got also scrapped:
“Hey, a friend said legally saying against all bullies in the court could be considered deflamatory.”
We are not so sure about “deflamatory”, but we agree bullying people who ask the courts for help could be considered defamatory and really tick off a judge.
And somebody else very carefully pointed out:
“Even if only a few have the bullying language we would potentially be guilty by association of harrassing.”
Very wise words.
Alleged threats and counter complaint.
The administrator had filed a complaint that 4 property owners had allegedly threatened her. The affected property owners have categorically denied the accusations and filed a countercomplaint for false accusations against the administrator. Since the investigation has been dragging on now for months a control hearing was scheduled, and the judge asked the prosecutor to move the case along. We are awaiting the closure of this case and the opening of the investigation for the countercomplaint.
Summary and Clarifications
- The first criminal complaint ever filed in connection with HPV was a fraudulent one by a Janet Wheelock who is also a key player in bullying neighbors having several criminal cases against herself due to it.
- The first criminal case ever filed in connection with the Administration of HPV was the fraudulent one by the Administrator. ( See “Alleged Threats and counter complaint” above) We are sure this was reviewed by the last 2 boards and the grantor of the Property Regime who still meddles in the HOA affairs.
- The management of HPV in the form of the Oversight Committees and the Administrator have in our analysis committed criminal acts to the disadvantage of property owners. Several property owners have contested these acts and filed criminal complaints. They have received protective orders. The boards and the administrator have elected to ignore these court orders.
- A group of stakeholders and miserably misinformed people are plotting to bully the property owners that simply fight for their rights and justice. Rather than presenting their concerns to a court of law, they engage in dubious activities.
This is quite a mess. So, who is responsible?
Our goal was and is to place the administration of our HOA on a legally sound foundation with competent management. We also believe conflicting views in legal matters are best settled in a court of law in a civilized manner. We recognize the current management acts in our view with dangerous incompetence and is blinded by its own arrogance.
We did not start out with criminal complaints but were forced into them when the board and administrator answered our questions about transparency and legality with acts of their own we can only consider fraud.
We have now arrived at a junction that when everything is said and done there will be potentially very serious consequences for the stakeholders and the administration.
We cannot emphasize enough the responsibility for those consequences lies with the stakeholders in the board. Rather than following court orders and seeking a conflict resolution in a civil manner, they decided to oppose the courts, defy the law, and commit acts of selfish ignorance.
The possible consequences of their actions are only on them.