CIVIL ASSOCIATION 2 MINUTES

Annual Ordinary Asociates Meeting of
“LA JOLLA CONDOMINIOS AREA I, ASOCIACION CIVIL”,

The General Ordinary Associates Assembly of “LA JOLLA CONDOMINIOS AREA I, ASOCIACION CIVIL” was celebrated according to the previously made Call Notice on October 24th 2017, by the Board of Directors as the administrator of the ASOCIACION ADMINISTRADORA DEL REGIMEN DE PROPIEDAD EN CONDOMINIO DEL AREA CONDOMINIAL I, SECCIONES A Y B DEL DESARROLLO TURISTICO LA JOLLA DE LOS CABOS, AC. at the Arroyo Seco area located at Transpeninsular Highway Km. 29, La Jolla de Los Cabos, San Jose del Cabo, Baja California Sur, México.

In accordance with the Call Notice for the Meeting, first call was at 7:30 am with a required quorum of 99%, 8:00 am second call with a required quorum of 51% and 8:30 am third call with enough quorum with the associates present

The Attendees were welcomed and the process for the conduction of the meeting was explained.

Agenda.

The Assembly proceeded with the Agenda as follows.

I.- Call to order.

II.- Election of President, Secretary and Tellers for the meeting.

III.- Designation of Asociacion Administradora del Regimen de Propiedad En Condominio Del Area Condominal I Secciones A Y B Del Desarrollo Turistico la Jolla de los Cabos AC as the administrator of the assets.

IV.- Election / ratification of board of directors.

V.- General Matters.

VI.- Adjourn.

The assembly Call Notice, duly signed, is attached herein as Exhibit “A”. The above shown Agenda was read by Oscar José Abadiano Puga, who explained the method of conducting the Assembly to all attendees, the method for voting and then started with the following items that were addressed:

I.- CALL TO ORDER.

Call to order was made at 8:30 a.m. on third call by the President of the Board of Directors, Mr. Keith John Hrubizna. He requested a motion to reset for 15 minutes in order to resolve a technical problem, and such motion was made and seconded, and all were in agreement, so the Assembly started at 8:45 a.m.

 

Prior to the opening of the Assembly, the attendants signed the attendance list, attached herein as Exhibit “B”, and received their Assembly packages.

II.- ELECTION OF PRESIDENT, SECRETARY AND TELLERS FOR THE MEETING.

The President of the Board of Directors of the Administrator verbally noted the objectives for this meeting, that the Assembly should appoint a President, Secretary and Tellers and a motion made and was seconded, to nominate as follows:

President: Keith John Hrubizna.
Secretary: Oscar José Abadiano Puga.
Tellers: Glenda Lynn Ducharme and Elsa Esmeralda Avalos Dias

The floor was opened for discussion after which the Assembly voted and unanimously took the following resolutions:

First Resolution: The Assembly voted and resolved to designate Keith John Hrubizna, as President, Oscar José Abadiano Puga as Secretary, Glenda Lynn Ducharme y Elsa Esmeralda Avalos Dias, as Tellers.

The appointed officers, verbally accepted their positions.

Tellers verified the quorum and manifested that, with 60.19% of the undivided interest represented in this act, the assembly was legally constituted on third call.

 

III.- DESIGNATION OF ASOCIACION ADMINISTRADORA DEL REGIMEN DE PROPIEDAD EN CONDOMINIO DEL AREA CONDOMINAL I SECCIONES A Y B DEL DESARROLLO TURISTICO LA JOLLA DE LOS CABOS AC AS THE ADMINISTRATOR OF THE ASSETS.

To carry out this item of the Agenda, the President said that each year there is a ratification of the administration of the association and a motion was made by Richard Paul Rose, seconded by Kenneth Edgar Kimble to ratify Asociacion Administradora del Regimen de Propiedad En Condominio Del Area Condominal I Secciones A Y B del Desarrollo Turistico La Jolla de dos Cabos AC as the association administrator, the floor was opened for discussion, after which, the Assembly voted and by majority assumed the following:

Second Resolution: The Assembly herein resolves to ratify Asociacion Administradora del Regimen de Propiedad En Condominio Del Area Condominal I Secciones A Y B del Desarrollo Turistico la Jolla de los Cabos AC as the association administrator.

 

 

IV.- ELECTION / RATIFICATION OF BOARD OF DIRECTORS.

To carry out this item of the Agenda, the President said that a this point is when a new board member should be elected as Keith John Hrubizna is stepping down so the floor was opened for nomination.

 

Attendants fill their ballots voting for the candidate of their choice, ballots were turned to the tellers, who count votes and declare that by majority, the new position should be filled by María Teresa Ferra Fragoso, and as a consequence the assembly assume the following:

Third Resolution: The Assembly herein resolves to have a 5 members board of directors for the following year integrted by the following persons:

President: Anthony John Stevens
Vice-president: Maria Teresa Ferra Fragoso
Treasurer Richard Paul Rose
Secretary: Terren Roloff
Member at large: Kenneth Edgar Kimble.

V.- GENERAL MATTERS.

To carry this item of the agenda, the President opened the floor to proposed items to be covered herein but none arose.

 

VI.- ADJOURN.

Meeting was adjourned by its President at 12:32 p.m

CIVIL ASSOCIATION 1 MINUTES

Annual Ordinary Asociates Meeting of
“ASOCIACION ADMINISTRADORA DEL REGIMEN DE PROPIEDAD EN CONDOMINIO DEL AREA CONDOMINIAL I SECCIONES A Y B, DEL DESARROLLO TURISTICO LA JOLLA DE LOS CABOS, ASOCIACION CIVIL”,

The General Ordinary Associates Assembly of “ASOCIACION ADMINISTRADORA DEL REGIMEN DE PROPIEDAD EN CONDOMINIO DEL AREA CONDOMINIAL I SECCIONES A Y B, DEL DESARROLLO TURISTICO LA JOLLA DE LOS CABOS, ASOCIACION CIVIL” took place according to the previously made Call Notice on October 24th 2017, by the Board of Directors of the ASOCIACION ADMINISTRADORA DEL REGIMEN DE PROPIEDAD EN CONDOMINIO DEL AREA CONDOMINIAL I, SECCIONES A Y B DEL DESARROLLO TURISTICO LA JOLLA DE LOS CABOS, AC. as the administrator at the Arroyo Seco area located at Transpeninsular Highway Km. 29, La Jolla de Los Cabos, San Jose del Cabo, Baja California Sur, México.

 

In accordance with the Call Notice for the Meeting, first call was at 7:30 am with a required quorum of 99%, 8:00 am second call with a required quorum of 51% and 8:30 am third call with enough quorum with the associates present

The Attendees were welcomed and the process for the conduction of the meeting was explained.

Agenda.

The Assembly proceeded with the Agenda as follows.

I.- Call to order.

II.- Election of President, Secretary and Tellers for the meeting.

III.- Report of the nominating committee.

IV.- Election of new members for the board of directors.

V.- Recall election of power of attorney assigned to Sofia Elizabeth Briones Cavazos.

VI.- Designation of power of attorney to Oscar Jose Abadiano Puga.

VII.- General matters.

VIII.- Adjourn.

The assembly Call Notice, duly signed, is attached herein as Exhibit “A”. The above shown Agenda was read by Oscar José Abadiano Puga, who explained the method of conducting the Assembly to all attendees, the method for voting and then started with the following items that were addressed:

I.- CALL TO ORDER.

Call to order was made at 8:30 a.m. on third call by the President of the Board of Directors, Mr. Keith John Hrubizna. He requested a motion to reset for 15 minutes in order to resolve a technical problem, and such motion was made and seconded, and all were in agreement, so the Assembly started at 8:45 a.m.

 

Prior to the opening of the Assembly, the attendants signed the attendance list, which is attached herein as Exhibit “B”, and received their Assembly packages.

II.- ELECTION OF PRESIDENT, SECRETARY AND TELLERS FOR THE MEETING.

The President of the Board of Directors of the Administrator verbally noted the objectives for this meeting, that the Assembly should appoint a President, Secretary and Tellers and a motion made and was seconded, to nominate as follows:

President: Keith John Hrubizna.
Secretary: Oscar José Abadiano Puga.
Tellers: Glenda Lynn Ducharme and Elsa Esmeralda Avalos Dias

 

The floor was opened for discussion after which the Assembly voted and unanimously took the following resolutions:

First Resolution: The Assembly voted and resolved to designate Keith John Hrubizna, as President, Oscar José Abadiano Puga as Secretary, Glenda Lynn Ducharme y Elsa Esmeralda Avalos Dias, as Tellers.

The appointed officers, verbally accepted their positions.

Tellers verified the quorum and manifested that, with 60.19% of the undivided interest represented in this act, the assembly was legally constituted on third call.

 

III.- REPORT OF THE NOMINATING COMMITTEE.

To carry out this item of the Agenda, the President gave the voice to such committee chair to provide a report, which was given verbally to all attendees.

IV.- ELECTION OF NEW MEMBERS FOR THE BOARD OF DIRECTORS.

To carry out this item of the Agenda, the President said that a this point is when a new board member should be elected as Keith John Hrubizna is stepping down so the floor was opened for nomination.

 

Attendants fill their ballots voting for the candidate of their choice and such ballots were provided to the tellers, who count votes and declare that by majority, the new position should be filled in by María Teresa Ferra Fragoso, and as a consequence the assembly assume the following:

Second Resolution: The Assembly herein resolves to have for next year a 5 members board of directors formed by the following persons:

President: Anthony John Stevens
Vice-president: Maria Teresa Ferra Fragoso
Treasurer Richard Paul Rose
Secretary: Terren Roloff
Member at large: Kenneth Edgar Kimble.

V.- RECALL ELECTION OF POWER OF ATTORNEY ASSIGNED TO SOFIA ELIZABETH BRIONES CAVAZOS.

To carry out this item of the Agenda, the President said that Sofía Elizabeth Briones Cavazos had resign to her position as Development Manager and therefore there is no longer the need of her having any power of attorney from the association, and a motion was made by Rich Rose, seconded by Ken Kimble to revoke all powers of attorney previously granted by the association to Sofía Elizabeth Briones Cavazos and the floor was opened for discussion, after which, the Assembly voted and by majority assumed the following:

Third Resolution: The Assembly herein resolves to revoke all powers of attorney previously granted by the association to Sofía Elizabeth Briones Cavazos.

VI.- DESIGNATION OF POWER OF ATTORNEY TO OSCAR JOSE ABADIANO PUGA.

To carry out this item of the Agenda, the President said that the new Development Manager is Oscar José Abadiano Puga, who in able to fulfill his obligations, will require powers of attorney and faculties from the association and a motion was made by Tony Gerard, Seconded by Kenneth Kimble to grant proper powers of attorney and faculties to Oscar José Abadiano Puga, and the floor was opened for discussion, after which, the Assembly voted and by majority assumed the following:

Fourth Resolution: The Assembly herein resolves to grant Oscar José Abadiano Puga the following powers of attorney and faculties:

I.- General power for lawsuits and collections, under the terms of the first paragraph of Article 2468 of the Civil Code of the State of Baja California Sur and its correlative or corresponding articles of the Civil Codes of each of the states of Mexico, with all general and special powers requiring a special clause were under the Act and those contained in Article 2501 of the Civil Code of the State of Baja California Sur in declarative manner and without limitation, shall, among others, the following powers:

 

A. To pursue and withdraw from all kinds of trials and appeals, including the injunction.

B. To articulate and absolve positions.
C. To challenge.
D. To make and receive payments.
E. To settle.
F. To assign assets.
G. To submit to arbitration.
H. Shall be empowered to file complaints and complaints of criminal adjuvant becoming the Deputy Public granting forgiveness in appropriate cases.

 

II.- General power to administer the assets and affairs of the Civil Association, pursuant to the second paragraph of Article 2468 of the Civil Code of the State of Baja California Sur and its correlative or corresponding articles of the Civil Codes of each of the States Mexico.

 

Following transcription is in order to comply with the provisions of Article 2468 of domestic Civil Code that reads as follows: “Article 2468.- In all general powers of attorney for lawsuits and collections it is sufficient to say that is granted with all general and special powers requiring a special clause under the law, to be deemed to be granted without restriction … In general administration power it is sufficient to express there are given in such character to consider the legal representative has all kinds of administrative powers … In the general powers to exercise acts of ownership, it will be sufficient to be granted in such character for the legal representative to have all the powers of the owner, both with respect to goods, to make all kinds of efforts, to defend them… whenever it is required to put a limit in the three above cases, such limits should be listed on the faculties granted or grant special powers of attorney… Notaries will insert this article in the testimonies of the powers granted. ”

 

III.- To act as legal representative of the Association and shall have power to Acts of Administration on labor for the purposes prescribed in Articles 11, 46, 47, 692 of the Federal Labor Act, including but not limited form the represent the Association in conciliation hearings, demand and exceptions, offerings and admission of evidence whatever it said, absolve and articulate positions and negotiating collective or individual employment contracts; act upon or against the unions with which there are concluded or intends to conclude collective agreements, and to perform all sorts of actions related to Labor Management issues either in degree of conflict or conciliator signing of agreements and transactions and conciliation before any kind of labor and judicial authorities, including the Boards of Conciliation and Arbitration, local or federal.

 

 

IV.- General power to grant, underwrite, issue, turn, issue, accept, endorse, protest, and generally deal with all kinds of bonds and securities in accordance with the provisions of Article 9 of the General Law of Securities and Credit Transactions on own business of the Association.

V. To open, manage and close bank accounts and investment of the Association.

VI.- Represent the Association before all kinds of authorities, Federal, State or Municipal, whether administrative, judicial, legislative, arbitration boards and before any kind of natural or legal persons, partnerships, etc.

 

VII.- In general, perform all acts and operations necessary for the due performance of the powers entrusted.

 

VII.- GENERAL MATTERS.

To carry this item of the agenda, the President opened the floor to proposed items to be covered herein but none arose.

 

VIII.- ADJOURN.

Meeting was adjourned by its President at 12:32 p.m

CONDOMINIUM REGIME MINUTES 2017

CONDOMINIUM PROPERTY REGIME OF THE CONDOMINIUM AREA I,
SECTIONS A & B OF THE TOURISTIC DEVELOPMENT “LA JOLLA DE LOS CABOS” ORDINARY HOMEOWNERS GENERAL ASSEMBLY.
Saturday November 4th, 2017

The General Ordinary Homeowners Assembly of the Condominium Area I, Sections A & B of the Touristic Development “La Jolla De Los Cabos”, took place according to the previously made Call Notice on October 24th 2017, by the Board of Directors of the ASOCIACION ADMINISTRADORA DEL REGIMEN DE PROPIEDAD EN CONDOMINIO DEL AREA CONDOMINIAL I, SECCIONES A Y B DEL DESARROLLO TURISTICO LA JOLLA DE LOS CABOS, AC. as the administrator at the Arroyo Seco area located at Transpeninsular Highway Km. 29, La Jolla de Los Cabos, San Jose del Cabo, Baja California Sur, México.

 

In accordance with the Call Notice for the Meeting, the first call was at 7:30 a.m. with a 75% quorum required, the second call was at 8:00 a.m. with a 50% quorum required and third call was at 8:30 a.m. with whomever was present.

The Attendees were welcomed and the process for the conduction of the meeting was explained.

Agenda.

The Assembly proceeded with the Agenda as follows.

I.- CALL TO ORDER. (Opening)
a) Registration of Homeowners or legal representatives.
b) Election of Assembly President and Tellers.

c) The Manager will act as Secretary (Bylaw, Art.65). He shall appoint the person who will take the official minutes.
d) Introduction of the Board of Directors and the Manager.
e) Homeowners’ approval of last year minutes.
f) Agenda approval.

II.- OFFICIAL REPORTS
a) Manager’s report.
b) Board of Directors report and approval by the Assembly of all actions taken by the Board of Directors from November 5th, 2016 thru November 4th, 2017.
c) Financial report by the Treasurer.
d) Proposal of 2018 Budget and HOA Assessments / Approval by the Assembly of the 2018 budget.

III.- NEW BUSINESS.
a) Reserve Funds Study (Proposal).
b) Pool Cost Savings Options/Pool Committee Report.
c) Storage Rooms / Laundry Rooms Report.
d) Proposal for 2018 Summer projects and Approval / Reserve Expenses.
d1) Paving Proposal.
d2) Proposal for Fiber Optic installation/telephone wiring renovation.
d3) Homeowner Proposal to replace top layer of blue tiles on the pool.

d4) Other owners’ proposals.

IV.- ADMINISTRATOR.
Ratification of the “Asociacion Administradora del Régimen de Propiedad en Condominio del Área Condominal I Secciones A y B del Desarrollo Turístico La Jolla de Los Cabos A.C.” as the administrator of the condominium

V.- GENERAL MATTERS RELATED TO THE ABOVE.

VI.- CLOSING.
a) Designation of delegates to register the meeting minutes.
b) Selection of the date for the next annual Assembly meeting. Proposed date November 3rd, 2018.
c) Adjournment.

The assembly Call Notice, duly signed, is attached herein as Exhibit “A”. The above shown Agenda was read by Oscar José Abadiano Puga, who explained the method of conducting the Assembly to all attendees, the method for voting and then started with the following items that were addressed:

I.- CALL TO ORDER.

Call to order was made at 8:30 a.m. on third call by the President of the Board of Directors, Mr. Keith John Hrubizna. He requested a motion to reset for 15 minutes in order to resolve a technical problem, and such motion was made and seconded, and all were in agreement, so the Assembly started at 8:45 a.m.

 

a) Registration of Homeowners or Legal Representatives.

Prior to the opening of the Assembly, the attendants signed the attendance list, which is attached herein as Exhibit “B”, and received their Assembly packages.

b) Election of Assembly President and Tellers.

 

The President of the Board of Directors of the Administrator verbally noted the objectives for this meeting, that the Assembly should appoint a President, Secretary and Tellers and a motion made and was seconded, to nominate as follows:

President: Keith John Hrubizna.
Secretary: Oscar José Abadiano Puga.
Tellers: Glenda Lynn Ducharme and Elsa Esmeralda Avalos Dias

The floor was opened for discussion after which the Assembly voted and unanimously took the following resolutions:

First Resolution: The Assembly voted and resolved to designate Keith John Hrubizna, as President, Oscar José Abadiano Puga as Secretary, Glenda Lynn Ducharme y Margaret Zehrbach, as Tellers.

The appointed officers, verbally accepted their positions.

Tellers verified the quorum and manifested that, with 60.19% of the undivided interest represented in this act, the assembly was legally constituted on third call.

 

c) The Manager shall act as Secretary (Bylaw, Art.65). He shall appoint the person who will take the official minutes.

As it was established in the previously taken resolution, Oscar José Abadiano Puga, as manager of the condominium, was appointed as Secretary and accepted this designation.

d) Introduction of the Board of Directors and the Manager.

To carry out of this item of the Agenda, the President, verbally, first started by presenting the members of the Board of Directors of the Civil Association and the administrator of the Condominium Regime and who are the following persons:

Keith John Hrubizna.
President.
Terren Marie Roloff.
Vice President.
Richard Paul Rose.
Treasurer.
Anthony John Stevens.
Secretary.
Kenneth Edgar Kimble.
Vocal.

Afterwards, he mentioned that, in the past, a new Condominium manager was hired and presented to all to Mr. Oscar José Abadiano Puga, Condominium Manager, who spoke a few words to all and was welcomed.

 

Oscar José Abadiano Puga proceeded to present all the staff members from the development to all attendees.

e) Homeowners’ approval of last year minutes.

To carry out this item of the Agenda, the President said that year after year, it is the norm to approve the previous assembly minutes, and he presented them to the attendees.

A motion was made by owner of Unit E-203, seconded by owner of Unit E-108, to accept the minutes of the previous assembly and the floor was opened for discussion, after which, the Assembly voted and by a majority of votes to assume the following:

Second Resolution: The Assembly herein resolves to accept the minutes of the previous assembly as presented.

f) Agenda approval.

To carry out this item of the Agenda, the President read the previously shown Agenda to all attendees and requested approval in order to carry out this assembly under this agenda, and a motion was made by owner of Unit D-208 seconded by owner of Unit D-207, to approve the agenda as presented, and the floor was opened for discussion, after which, the Assembly voted and by a majority of votes to assume the following:

Third Resolution: The Assembly herein resolves to approve the agenda as presented.

 

II.- OFFICIAL REPORTS.

a) Manager’s report.

To carry out this item of the Agenda, the President gave the floor to Oscar José Abadiano Puga, development manager, who presented the manager’s report which is attached herein as Exhibit “C”, and proceeded to explain it to all attendees, point by point, after which the floor was opened for doubts and questions, which arose among attendees and were answered to the satisfaction of all.

 

He explained to all that a TV wire renovation was completed going to all units, as the wires were old and rusted. He recommended to make same renovation with the wires within the Units.

New cabinets were installed because of the previous project and all connections are new.

 

An electrical renovation took place for all the buildings, meters, wires and systems. Waterproof contacts when needed were installed on external areas and for pool installations.

Some of the steps and tiles in Building I were refurbished.

All registers on common areas were painted, signs and signs holders were painted and exterior moldings were also renewed.

 

Posts on bridges around the pool were renewed, the rope removed and re installed.

 

Pool maintenance has been provided regularly and chemical measures are monitored frequently.

Some lights were substituted with LED lights, and pool furniture was also maintained.

 

A lot of improvements were made on landscaping and irrigation has been monitored to be updated.

He spoke about tropical storm “Lidia” and said that no significant damage was suffered at the development.

A security staff training took place at the beginning of the year, and he spoke about the shifts and security measures taken.

 

Spoke about the local conservational group that has made efforts for the conservation of sea turtles and has released some at the beach front of La Jolla.

b) Board of Directors report and approval by the Assembly of all actions taken by the Board of Directors from November 5th, 2016 thru November 4th, 2017.

To carry out this item of the Agenda, the President provided to all the administration report granted by the Board of directors of the civil association appointed as administrator of the condominium regime, and proceeded to explain it to all attendees point by point.

 

He spoke about the electrical problems presented on electrical infrastructure, and order a study that cost a little above over $15,000.00 USD and from the findings a program to remediate this was taken, with a cost a little above $50,000.00 USD. A complete report was made and is kept at the offices for anyone that wants to consult it.

There is still some work to be done.

 

He also spoke about the resignation of the previous development manager, and the hiring of the new manager.

Security staffing was another topic of interest as the local conditions require new measures, so staff has been trained and more employees have been hired.

 

2 more palapas were added on the beach area.

 

The problem with the unpaid HOA Fees from Residential area was addressed, as they had not paid their share of common expenses and had declined to respond to our inquiries. A meeting is planned for November 7th, with an agenda to be covered to search for a solution on such problem.

A motion was made and seconded to approve the actions taken during the year by the Board of Directors, and the floor was opened for discussion, after which, the Assembly voted and by majority assumed the following:

Fourth Resolution: The Assembly herein resolves to approve the actions taken during the year by the Board of Directors.

Tony Stevens from Unit E-203 provided an explanation on the TV and wiring project.

 

He also spoke about the fiber optic program, spoke about a meeting that occurred with Telmex, which required individual conduits for each unit. After that a site inspection was made and finally, 2 weeks ago, a proposal came in and apparently they will be able to use the existing infrastructure, it will be necessary to analyze the project in depth prior to the final approval.

There was a comment that Telmex has a new policy that new contracts can only be given to permanent or temporary residents, you will not be able to do a contract with tourist visas.

 

 

c) Financial report by the Treasurer.

To carry out this item of the Agenda, the President gave the floor to Richard Paul Rose, Treasurer, who provided a financial report of the performance of the current year to this date, which is attached herein as Exhibit “E”, and proceeded to explain it to all attendees, point by point. He spoke about the new budget and the way it was put together. He spoke about the reserve fund, that must be on a 25% standard.

He discussed the security cost increase motivated by the hiring of more staff. He said that the financial performance of 2017 is on budget, and also pointed out the effects of the exchange rate behavior over this year.

 

The floor was opened for question and doubts, which arose among the attendees and were answered to the satisfaction of all. A question arose in connection to the exchange rate used for budget assumptions on 2018 and it was said that 17 is the exchange rate, as it was chosen to be conservative.

 

Another question was made in connection to the pool expenses, which shows a decrease for 2018. A 25% increase on propane was suffered on 2017, and this affected the pool expenses, but the change to a salt water pool generates savings that are reflected in the new budget.

 

From Unit G-105 came a question in connection to the propane costs reflected on the 2017 financials and it was said that is benefited by the exchange rate.

d) Proposal of 2018 Budget and HOA Assessments / Approval by the Assembly of the 2018 budget.

To carry out of this item of the Agenda, the President gave the voice to Richard Paul Rose, who explained the actual performance of 2017 and then explained the proposed budget for 2018 attached herein as Exhibit “E”. Item by item, he answered all questions and doubts and elaborate on all items that he was requested to do so. It was also explained that they´ve had excellent performance on finishing the year, and therefore, the reserve fund is more than healthy, it has some money in excess.

 

He spoke about the reserve study that will take place over 2018, to assess the proper amount of reserves required for the development, but until that study is made, an increase on the reserves is recommended.

Concerns over the effect of the exchange rate on the budget were expressed, and it was said that the conservative exchange rate considered for budget purposes is the tool to compensate for possible negative effects.

 

A 5% increase in dues it contemplated within the 2018 budget. A 10% increase on salaries for employees is contemplated also.

 

A motion was made by owner of Unit D 307 seconded by owner of Unit D-304, to approve the 2018 budget as presented and the consequent division of it on HOA fees among homeowners according to their undivided interest, and the floor was opened for discussion, after which the Assembly voted unanimously to assume the following:

Fifth Resolution: The Assembly herein resolves to approve the 2018 budget as presented and attached herein as Exhibit “E” and the consequent division of it on HOA fees among homeowners according to their undivided interest.

 

III.- NEW BUSINESS.

a) Reserve Fund Study Proposal.

To carry out this item of the Agenda, the President spoke about the reserve fund study that was already mentioned, and that it will be programed for 2018, and said that the goal is to have assessed the amount of reserves needed to replace all assets and infrastructure, as projected to be needed in future years. The reserve study has a cost of approximately $3,800.00 USD.

 

The reserve study proposal was read to all, showing the scope of it and the items that will be provided.

A motion was made by the Board of Directors seconded by owner of Unit C-206, Pauline Lightfoot to hire a company to make a reserve study for 2018 and the floor was opened for discussion, questions and doubts, after which, the Assembly voted and by a majority vote assumed the following:

Sixth Resolution: The Assembly herein resolves to hire a company to make a reserve study to the development for 2018 at a cost up to $3,800.00 USD.

b) Pool Cost Savings Options/Pool Committee Report.

To carry out this item of the Agenda, the President gave the voice to Mark Kellerman from the pool committee, who made a report which is attached herein as Exhibit “F” and proceeded to explain to all attendees, point by point, that solar panels to heat the pool were considered, and was said about the concern over damages at hurricane season. The cost would be around $40,000.00 USD.

 

The next option was a temperature reduction, as every degree reduced on heating, reduces costs by 10%.

He spoke about the timers and their replacement, the physical pool covers option to retain the heat, with the danger it produces to trap someone if it falls over the cover. A liquid pool cover is another option, which is fairly inexpensive and generates a 20% or 30% cost reduction by preventing evaporation and heat loss.

 

It was said that the committee makes no recommendations, just presented the options available to make savings over the pool costs. The quotations presented are only for the main pool.

To explore the geothermal heating over the already existing and unused well was proposed as an option.

The idea of the liquid pool cover was discussed extensively, and the health and safety issues concerns were expressed. It was said that the risks are minimum.

After which the assembly was opened for questions and doubts, which arose among attendees and were responded to to the satisfaction of all.

The President read the recommendations of the Board, and made a motion, and it was seconded to set definite dates for heating season of the pool from November 1st, to April 30th, and the floor was opened for discussion, after which, the Assembly voted and by majority of 59.68 of the undivided interest present to assume the following:

Seventh Resolution: The Assembly herein resolves to set definite dates for heating season of the pool from November 1st, to April 30th

A motion was made by the Board, seconded by owner of Unit I-114, Bonnie Robertson, to maintain pool operating temperature at 86°F from 9:00 a.m. de 9:00 p.m., and the floor was opened for discussion, questions and doubts, which arose among attendees, and were addressed.

 

It was suggested to amend the motion by Bonnie Robertson, from Unit F-109, to start heating from 7:00 a.m. to 9:00 p.m., as there are some people that swim early in the morning, and D-203 Unit owner, Dennis Rory, seconded such amendment, and the floor was opened for discussion, and the assembly voted on this amendment, and by a majority of votes, the amendment motion was dismissed.

After the above, the Assembly voted on the original motion, and by majority assumed the following:

Eight Resolution: The Assembly herein resolves to maintain pool operating temperature at 86°F from 9:00 a.m. to 9:00 p.m.

 

After the above, the Board made a motion, seconded by owner of Unit C-108, Andy Fisher, to start using the liquid pool cover for the pool, and the floor was opened for discussion, after which, the Assembly voted and by a majority of votes assumed the following:

Ninth Resolution: The Assembly herein resolves to start using the liquid pool cover for the pool and reduce heat lost during the night.

 

c) Storage/Laundry Rooms Report.

To carry out this item of the Agenda, the President said that this issue came up because an owner wanted his renters to use the laundry facilities, and this started the discussion, so in order to take a decision, a legal opinion was requested, and such opinion has been distributed to all, so the Board made a motion, seconded by owner of Unit C-108, Andy Fisher, to make available the laundry rooms for owners or other designated users (renters) and family members, not to be used by maids, and the floor was opened for discussion, which took place among attendees. Some said that this had been debated in 2007, when it was authorized for renters to use the laundry room, and it generated many problems, and many machines were broken and this is why it was restricted to renters the use of the laundry for renters.

 

 

Owner of Unit C-108, Andy Fisher said that if it is within the Rules and Regulations, it is not subject to a vote by this assembly, as it has simply to be obeyed, and this opinion was supported by many from the floor.

After the above took place, the Assembly voted and by majority assumed the following:

Tenth Resolution: The Assembly herein resolves to make available the laundry rooms for owners or other designated users (renters) and family members, not to be used by maids.

 

The Board made a motion which was seconded by an owner from the floor, to formalize the existing oral agreement with respect to the rental of the storage rooms to a written agreement, and the floor was opened for discussion, after which, the Assembly voted and by majority assumed the following:

Eleventh Resolution: The Assembly herein resolves to formalize the existing oral agreement with respect to the rental of the storage rooms in a written agreement.

d) 2018 Summer projects proposal and Approval / Reserve Expenses.

d1) Paving Proposal.

To carry out this item of the Agenda, the President spoke about the need to re pave the parking areas and roads, it had been budgeted but it has never been done, so the idea is to carry out this project during summer with a cost of $25,000.00 USD. It was said that the hotel is paying for the part they damaged and the project only includes the internal condominium roads.

d2) Fiber Optic installation/telephone wiring renovation Proposal.

To carry out this item of the Agenda, the President said this was already explained previously, but to expand on this, it was said that the idea is to work with Telmex, to use the existing infrastructure to place fiber optic to the development. The final cost has not yet been obtained but it was mentioned that it will be around $50,000. – USD. This is something that needs to be done.

d3) Replace top layer of blue tiles on the pool / homeowner proposal.

 

To carry out this item of the Agenda, the President said that there was a suggestion from a homeowner and this needs to be analyzed.

d4) Other owner proposals.

To carry out this item of the Agenda, the President opened the floor for proposals and it was mentioned some improvement’s to have a deck to see the ocean would be a good project.

A motion was made by owner of Unit F-209 seconded by owner of Unit C-108 to empower the Board of Directors to use reserve funds, at its discretion, to take over the summer projects proposed, and the floor was opened for discussion, after which, the Assembly voted and by a majority vote to assume the following:

 

Twelfth Resolution: The Assembly herein resolves to empower the Board to use reserve funds at its discretion to take on the summer projects proposed.

 

A motion was made by owner of Unit D-307 seconded by owner of Unit C-201 to reimburse the traveling expenses made by Richard Rose and Keith John Hrubizna to interview the new development manager, and the floor was opened for discussion, after which, the Assembly voted and by a majority vote to assume the following:

Thirteen Resolution: The Assembly herein resolves to reimburse the traveling expenses made by Richard Rose and Keith John Hrubizna, to interview the new development manager.

 

A motion was made by owner of Unit F-109, Ray Robertson, seconded by owner of Unit G-205, John Eberle, to create a neighborhood impact committee, with the purpose to preserve and protect the property boundaries, security and environment of La Jolla. This committee would research and inform the Board of Directors and homeowners of relevant existing and future impacts from Kristal/Sitra.

It was recommended that this committee consist of no less than 3 volunteer homeowners. The Objectives of the committee would be: a) address the current issues pertaining to common area land encroachments by Kristal/Sitra, b) evaluate the impact of commercial traffic issues pertinent to Kristal´s day-to-day operations, c) recommend plans for new signage that delineates our La Jolla Cluster 1 boundaries as private residences on the beach, and d) explore the roles of other La Jolla regime partners who have a stake in issues pertaining to Cluster 1 for the purpose of building cooperation regarding the preservation, security and environment of La Jolla.

The floor was opened for discussion, after which, the Assembly voted and by a majority vote to assume the following:

Fourteenth Resolution: The Assembly herein resolves to create a neighborhood impact committee, with the purpose to preserve and protect the property boundaries, security and environment of La Jolla. This committee would research and inform the Board of Directors and homeowners of relevant existing and future impacts from Kristal/Sitra.

This committee will consist of no less than 3 volunteer homeowners. The Objectives of the committee will be: a) Address current issues pertaining to common area land encroachments by Kristal/Sitra, b) Evaluate the impact of commercial traffic issues pertaining to Kristal´s day-to-day operations, c) Recommend plans for new signage that delineates our La Jolla Cluster 1 boundaries as private residences on the beach and d) Explore the roles of other La Jolla regime partners who have a stake in issues pertaining at Cluster 1 for the purpose of building cooperation regarding the preservation, security and environment of La Jolla.

The Board will search for volunteers to serve on this committee.

 

IV.- ADMINISTRATOR.

Ratification of the “Asociación Administradora del Régimen de Propiedad en Condominio del Área Condominal I Secciones A y B del Desarrollo Turístico La Jolla de Los Cabos A.C.” as the administrator of the condominium.

To carry out this item of the Agenda, the President told all attendees that it is advisable to ratify the civil association as administrator of the condominium regime, and that such ratification should be within the minutes of this assembly and a motion was made by owner of Unit D-108 seconded by owner of Unit C-108 to ratify Asociación Administradora del Régimen de Propiedad en Condominio del Área Condominal I secciones A y B del Desarrollo Turístico La Jolla de los Cabos, A.C. as administrator of the condominium regime, and the floor was opened for discussion, after which, the Assembly voted and by a majority vote to assume the following:

Fiftheenth Resolution: The Assembly herein resolves to ratify Asociación Administradora del Régimen de Propiedad en Condominio del Área Condominal I secciones A y B del Desarrollo Turístico La Jolla de los Cabos, A.C. as administrator of the condominium regime.

 

V.- GENERAL MATTERS RELATED TO THE ABOVE.

To carry out this item of the Agenda, the President opened the floor to proposed items to be covered at this point, but none arose.

 

VI.- CLOSING.

a) Designation of delegates to register the meeting minutes.
To carry out this item of the Agenda, the President said that it is very important to designate a special delegate of this Assembly in order to formalize the minutes and a motion was made and seconded to designate Mr. Raúl León Melesio and/or Oscar José Abadiano Puga as special delegate of this Assembly to formalize the minutes taken. The floor was opened for discussion, after which unanimously adopted the following:

Sixteenth Resolution: The Assembly herein designates Raúl León Melesio and/or Oscar José Abadiano Puga as special delegate of this Assembly to formalize the minutes of this meeting with the notary public of his choice.

b) Selection of the date for the next annual Assembly meeting. Proposed date November 3rd, 2018.

To carry out this item of the Agenda, the President said that it is very important to set the date for the next assembly and a motion was made by owner of Unit F-209, Keith John Hrubizna, seconded by owner of Unit E-203, to set November 3rd, 2018 as the date for the next General Annual Homeowners Assembly, and the floor was opened for discussion, after which, the Assembly voted and by a majority vote to assume the following:

Seventeenth Resolution: The Assembly herein resolves to set November 3rd, 2018 as the date for the next General Annual Homeowners Assembly.

 

c) Adjournment.

Meeting was adjourned by its President at 12:32 p.m.

UPDATE DECEMBER 2017

Dear homeowners:
It was great to see so many of you at the HOA meeting last month. We wish a very happy holiday season to you all.
Since November the board has met a couple of times. Here’s an update that is quite long because of several significant issues. First the quick stuff:
1. Good news on negotiations with Residential. Oscar, Maye, Ken and Tony met with three board members from Residential and they are willing to work with us on a variety of issues, including negotiating the money they’ve owed us since 2014. We look forward to better relations with Residential.

2. Two of the water treatment plant tanks that belong to the common areas of the La Jolla development located along the highway in front of Krystal were damaged beyond repair when the city’s water line exploded due to water pressure last month. Water overflowed all over the hotel service area and into the hotel and their pool. We are working to assess the damages and/or repair costs to ensure cost sharing with our other associates to cover the work. Also, the main sewage carcamo continues to have problems and we need to replace two main pumps that are about 15 years old. Please help us keep these installations at an optimum level by not throwing into the drain any type of plastic or rubber products, fiber or tread, feminine hygiene products or any other material that should go in the garbage. All of these materials can jam the pumps and the repairs are very expensive and labor-intensive.
3. Please use recycling cans for recycling of white glass, cardboard, and non-PET plastic. Despite long-standing doubts about the recycling, Oscar assures us that it actually does get recycled.
4. As discussed at previous HOA meetings, we will rope off our border to define the beach concession. On a related note, we will research options to install lights facing the beach on the outside of the perimeter wall as a security measure.
5. We have extra tile from the hallway projects. If anyone is interested in buying it, we are charging half price. We paid 100 pesos per square meter, if you are interested you can get them for 50 pesos per square meter. First come, first served. Please contact Oscar.
6. Standardized security responsibilities are being implemented. Guards will be more forceful about parking violations, including parking between the lines and having passes.
7. As agreed to at the HOA meeting, we have contacted a total of three different reserve study companies in the US for quotes to do the reserve study.
8. The paving of the driveway will have to wait until next year when we have fewer residents in house. We want to coordinate the work with Sitra when they pave the main road and maybe when Residential does theirs, hoping to get a good discount with the larger amount of work.
9. The Neighborhood Impact Committee that was formed at the HOA meeting has been working with homeowners interested in their work to preserve and protect the property boundaries, security and environment of La Jolla. Among the issues discussed when they had their first meeting in mid-November were: commercial expansion by neighbors without permits; the impact of revisions to the highway entrance to the hotel; building structures that encroach on common areas and private property; new facilities without landscaping and without sidewalks to ensure safety for pedestrians; overuse of shared facilities; avoiding a new Krystal beachfront building; and new restaurant and bar activity next to C and D buildings adding noise for owners and guests.
According to a note later in November from Jon Eberle to committee members, “The goal is to take action to secure the special character of La Jolla that we have all come to know, to secure the peaceful environment, to retain the low-rise, low-density residential character of La Jolla made possible with high levels of landscaping and open space, and to prevent the deterioration of this by our commercial neighbor.” If you are interested in joining this committee, please contact Jon Eberle or Ray Robertson. Once the board has determined what issues we are focused on, the committee will research the other issues and report to the board.
On the topic of noise, the board has heard from several homeowners and understands that we must find a solution to this problem. Oscar has had meetings with both the hotel and food & beverage managers, and all of them have agreed to turn off the music at 12 midnight and remove party-goers from the bar area as soon as they come out the door. We are looking into whether we can insist on an earlier time for quiet based on city laws.
Also, the Krystal managers say they are committed to responding to our security staff complaints. Our security staff has been instructed to contact the hotel night manager to report any bar noise observed after 12:05 am.
On a related note, we have been talking to Krystal management about replacing the iron railing that borders our property near the C & D buildings and Krystal’s pool. Among the ideas are the possibility of building a short, solid wall between our properties.

Again, happy holidays to all of you. And as a reminder of the special place most of us call our home-away-from-home, please see attached photo of the view from C building, courtesy of Terren’s husband Brad Ennis. It’s a bit different than the one we sent last year but still represents the colors of the season.

Sincerely,

The Board
Tony Stevens, President
Maye Anderson, Vice-President
Rich Rose, Treasurer
Terren Roloff, Secretary
Ken Kimble, Member-at-large

UPDATE AUGUST 2017

Dear homeowners:

As we get closer to the annual meeting Nov. 4, there are two issues we’ve addressed before in these updates that we expect will be on the agenda: bodegas and pool costs.

But first, we are pleased to share that two major projects started within the last few months are completed: the cable upgrades and the electrical repairs. For cable, we installed new heavy-duty coax cables and amplifiers, and replaced the cables to the individual units. The electrical repairs, which we came to understand as being urgent for our safety, involved groundings, meters, infrastructure, wiring, connections, etc. These were both major projects and we look forward to all of us having a safer environment and ongoing, excellent TV reception.

Regarding the board meeting, as you may recall, we received a complaint related to the unavailability of laundry facilities to renters. Upon investigation we also became concerned that the rental of the bodegas may be in contradiction of our bylaws. We anticipate having more information to you within the next few weeks so that you can be prepared for the meeting, whether in person or by proxy if necessary.

Regarding pool costs, the board has been reviewing a variety of cost-saving tools from reducing the temperature and changing heaters to adding solar panels and pool covers. We expect to bring forth some recommendations for the full HOA to consider.

In closing, we want you to know that we are very pleased with Oscar Abadiano’s work and look forward to getting to know him better. We trust you will also take the opportunity to visit with him next time you are in La Jolla.

Lastly, please consider nominating yourself for the board. To do so, please submit a brief statement of the relevant experience you bring to La Jolla, your vision for its future, the amount of time you expect to spend there and your availability for meetings. Send this information to the Nominating Committee: Tim Abramoff tabramoff1@gmail.com and Scott Currie scott.currie@nbpcd.com.

Sincerely,
The Board
Keith Hrubizna
Ken Kimble
Terren Roloff
Rich Rose
Tony Stevens