In response to a follow-up call from our Administrator, Architect Mirna Luz C. Montalvo, who is in charge of inspections in this area, informed him of the following:
This project has been monitored weekly since its start, due to the nature of the building and the possible danger from erosion from adjacent inclines.
The site was visited last wednesday, however, it was under lock and key and the inspectors had no access to the property- they left a citation.
On Friday they returned and accessed a neighbors property on Carretera Barra de Navidad and were informed of the erosion. They proceeded to talk to the engineer in charge of the project, who in turn started to pump concrete on the eroded hill on Saturday. This was ordered by the same inspecting architect in order to avoid further erosion and destruction.
The engineer was also notified of his obligation to repair the damage done to the adjacent properties, in this case, build a retention wall and fill in the eroded portion of the damaged property.
Furthermore, Architect Mirna, informed our administrator of the Engineer’s plan to channel the descending storm water from that crosses through the lot in construction, and to construct a storm drain in front of the property where the deflected water will be directed. ANA will be on watch for this and will keep you posted on the progress.
D’Terrace’s illegal construction is currently threatening collapse via landslides of neighboring structures.
In May, ANA officially informed the AMPI, Puerto Vallarta’s real estate association, that the construction of D’Terrace – a new 9-story condo tower under construction in the heart of Amapas – exceeds the limits of the District 9 Plan Parcial.
We notified AMPI that PRODEUR (Jalisco State Attorney General) has announced it will file a lawsuit to nullify the permits, which could result in D’Terrace’s demolition. D’Terrace’s permit and advertised size are double the living space that local law allows, and about 30 feet taller. The new development is represented by Applegate Realtors, an AMPI member.
To protect their clients, ANA asked that AMPI realtors not sell units in the building to unsuspecting buyers until D’Terrace conforms to the District 9 Plan Parcial – the zoning law in Amapas since September, 2012.
This week, AMPI President Harriet Murray published a letter to the ANA in her regular weekly PV Mirror ‘Viewpoint’ column, defending AMPI’s policy of looking the other way, by blaming the city for developments that aren’t in accordance with the law. AMPI’s public reply made two specific claims:
- “AMPI is not a judge” of the legality of developments. But actually it is. AMPI manages their MLS system to ensure that Developers meet certain standards for listing in the MLS. Promoting the sale of these properties is condoning them – that is, judging them – favorably.
- The ANA “does not have the right to request AMPI, or our members, to refrain from selling a property that is operating within the legalities set forth by the Municipality.” But, as the legal representative of Amapas, and having sponsored the zoning law – the District 9 Plan Parcial – it is not only our ‘right’, but our duty to defend this law.
Here is the AMPI letter in full:
Asociación Vallartense de Profesionales Inmobiliarios, A.C.
Dear Amapas Homeowner’s Association,
AMPI as an organization requires our members to have certain documents in order to represent a pre-construction development to the public.
Among the list of required documentation is a copy of the construction license. Construction licenses involve review by the Municipality using a number of building requirements.
AMPI cannot be held responsible for the acts of governmental bodies or judge the validity of such when the documents presented by our clients are deemed to be filed with the Municipality in good faith.
In the particular case involving D’Terrace, AMPI respects the point of view of the Amapas Association, but unless the license is revoked, it remains a valid document before the Municipality.
AMPI suggests, and includes in our purchase-offer contracts, that buyers of pre-construction developments seek independent qualified legal counsel to help perform due diligence.
AMPI is in favor of legality and planned organized growth, but AMPI is not a Judge.
The Amapas Homeowner’s Association has the right to oppose matters that they believe damage the colonia, however the Association does not have the right to request AMPI, or our members, to refrain from selling a property that is operating within the legalities set forth by the Municipality and has the proper documentation, unless it obtains a suspension or a different resolution.
We request that you make our response available on your Association Facebook for others to read.
The Board of the Amapas Neighborhood Association and Junta Vecinal feel AMPI’s position, as stated above, is inadequate, and its ‘let the buyer beware and get their own lawyer’ attitude is not in the best interests of the buyers it purports to conscientiously represent. To simply declare, “D’Terrace has a building permit, end of story” is to be willfully blind to the problem, and condoning the issuance of building permits that are clearly outside the boundaries of established law.
ANA asks ALL realtors to simply disclose to their clients the truth: a PRODEUR lawsuit challenging the lawfulness of D’Terrace – or any other new development – could result in the building’s demolition at worst, and at best may cause problems with passing title to buyers for many years until lawsuits are resolved.
AMPI claims to be in favor of legal and planned growth. But selling buildings that defy local zoning laws is, in fact, helping to undermine those very laws. AMPI can’t have it both ways.
As of June 16th there have been several reports made to Reglamentos, Civil Protection and Urban Development regarding the erosion caused by the rains and poor construction methods at the D’Terrace construction site. The erosion has undermined the foundation of several adjacent buildings and can potentially cause buildings to come tumbling down. Who will ultimate result responsible? D’Terrace’s Developer? Montiel or Altamirano from Urban Planning? God?
The white tube shown in the pictures above used to rest on solid grown, the erosion has left this sewage pipe in mid air and has started to eat away at the foundation of the buildings shown.
In the picture above you can see a tree on the of the building, on the close up picture on the left the land where the tree used to sit has eroded. The tree disappeared in one day, we cannot let the tree represent the adjacent building, the building is in imminent danger and something must be done. Our administrator is following up with a written report to Urban Planning Department to make it official and URGENT! Keep checking back on our website and FaceBook page for more updates.