by amapaspv | May 15, 2014 | Development, Junta Vecinal, News | Noticias
This is a courtesy translation of this article appearing in the Puerto Vallarta Tribuna on May 5, 2014. Click on the article to read the original content.
PRODEUR WILL DEMAND NULITY OF D’TERRACE DEVELOPMENT PERMITS
Puerto Vallarta, Jal.- After neighbors and business owners in Amapas disagreed with the development D’Terrace after considering the height and density coefficients in the Amapas zone, the Procuraduria de Desarrollo Urbano (Attorney Generals’ office for Urban Development) presented a nullity lawsuit against the construction permits granted for this development before the Administrative Tribunal in Jalisco.
According to legal director of PRODEUR, Juan Carlos Hernández Ocampo, after complaints of neighbors and the revision of documents delivered by the Puerto Vallarta municipality, it was considered that there were sufficient proof to present the nullity lawsuit of the permits granted for the mentioned development; however, after interposing said legal recourse, the case was catalogued as a reserved matter while the Administrative Tribunal decides on a solution. Without going into detail, the civil servant informed that PRODEUR considered that there were sufficient elements to present the lawsuit, but the case is now in the hands of the Administrative Tribunal who will determine if PRODEUR is in the right or Puerto Vallarta’s City Hall was right to grant the corresponding authorizations.
It bears mentioning that this development’s construction permit was granted by the current administration, and architects that participated in the planning of Urban District 9, which regulates this zone, say that this development exceeds height and density allowed in this zone; keeping in mind that the permitted height is four floors, and that 41 units are expected to be built in seven floors is the reason why neighbors and business owners complaint.
The civil servant specified that demanding the nullity is going against City Hall because the permit was granted by them, and the developers would be considered third affected parties that will have the right to defend their interests during the trial.
It bears mentioning that an analysis of the urban components of the development D’Terrace done by the architect Alonso Baño Francia, member of the Puerto Vallarta Architectural Collegiate, the development exceeds height by at least nine meters and by 19 habitable units, this according to the actualization of this urban district guidelines, from this derives the complaints made.
by amapaspv | May 15, 2014 | Development, Junta Vecinal, News | Noticias, Uncategorized
May 14, 2014, PUERTO VALLARTA: Today the Amapas Neighborhood Association formally notified AMPI (Puerto Vallarta’s Professional Real Estate Association) and the Applegate real estate agency of violations of the District 9 Plan Parcial in the D’Terrace project, located in the alleyway across from Tropicana Hotel. The project will be put under judicial review in a lawsuit by PRODEUR, the Attorney General’s office of the state of Jalisco. Click here to see the English Summary of this letter: ampi english summary
According to the Tribuna article, the Urban Development Office of the Jalisco Attorney General will sue to nullify the construction license for D’Terrace. The article states that after review of documents regarding this project, the PRODEUR feels there is sufficient evidence to present a lawsuit to nullify the project. The case will go before the Jalisco Administrative Court who will make the decision.
AMPI Realtors are obligated to notify clients of potential problems with properties for sale. The building as advertised is roughly double the allowed density and height allowed in Amapas per the Plan Parcial adopted into law in September 2012. AMPI Code of Ethics Article 10 states:
The guarantee of interests placed in the hands of the real estate professional must provide the customer with absolutely truthful information on the following:
b) The ease or difficulty involved in proceeding with the proposed transaction.
I. Any problems affecting the property.
II. Any restrictions or limitations that could affect the property.
By notifying AMPI of problems with this project, ANA wants all potential buyers to be notified that the project is under Jalisco state judicial review. According to the ANA letter:
The obvious discrepancy between what is lawfully allowed and what has not only been permitted, but is presently being built has motivated the Amapas Neighborhood Association to request an investigation by PRODEUR (the Jalisco State Attorney General).
According to Jalisco’s Urban Code, if a lawsuit against D’Terrace’s unlawful construction licenses is successful, the licenses could be annulled, and the structure ordered demolished, resulting in substantial losses to any buyers.
As most buyers in these projects are from the US or Canada and are not familiar with Mexican law, they rely on their real estate agent to warn them if any property is under judicial review which could result in the delay of the project or title to the property. By giving AMPI notice, the ANA hopes that AMPI agents will act on behalf of their clients.
The ANA letter stated: “We know that your realtors rely on the outstanding character and quality of life in Amapas to attract your clients to purchase in our neighborhood. The Plan Parcial is intended to help preserve that, and we appreciate the cooperation of AMPI in its enforcement.”.
Summer 2014 Ad
ANA is launching a media campaign to alert potential buyers to the need to support responsible development, meaning buying in buildings which are built in conformance with the law. The Association’s members are planning to pass this information along to the real estate agencies with whom they have done business to ask them to support the ANA’s objectives and get the D’Terrace project brought within the legal limits.
by amapaspv | May 12, 2014 | Uncategorized
In the current issue of Vallarta Lifestyles Magazine featuring the Best of Vallarta, the Amapas Neighborhood Association was honored to be named the Best Neighborhood Association. We appreciate it!
by amapaspv | May 7, 2014 | Uncategorized
The Amapas Neighborhood Association is now conducting business in our new office space located on Olas Altas 509. Office hours will be 10a.m. to 5p.m. monday through friday. Ron Morgan, member and sponsor, has kindly let ANA use his office space in return that we better serve our members and keep promoting Responsible Development. You can email ANA directly at info@amapaspv.com for more information on Responsible Development and other subjects regarding Colonia Amapas.
ANA’s newly appointed administrator Oscar Magaña will be happy to help you during office hours. You can reach him at admin@amapaspv.com 322-120-6666 or by showing up personally.
You can also contact the board members at their newly updated email address:
Thomas Swale – President: president@amapaspv.com
Don Pickens – Treasurer: treasurer@amapaspv.com
Harris Spiridonis – Secretary: secretary@amapaspv.com
ANA is pleased to be of any help and continues to use your support to maintain the integrity of our beautiful Colonia.
PRODEUR WILL DEMAND NULITY OF D’TERRACE DEVELOPMENT PERMITS
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