ANA Notifies AMPI of D’Terrace Violations and PRODEUR Lawsuit

tribuna article may 5 2014May 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

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.

Something New in the Beach/Business Area!

Neighbors Welcome Amapas Junta Vecinal

Last Wednesday’s rain may have dampened the more than 30 local residents and business people who gathered for the first public meeting of the Junta Vecinal de Amapas – but not their spirits!

The Junta is officially recognized as ‘the voice of Amapas’ by City Hall, which is required by law to pay attention to its concerns and help achieve its goals for the neighborhood. 

It also acts as a public forum.  And for almost two hours the group, meeting at the Paradise Community Center, discussed what drew them to Amapas, what they value most about this unique place…and what needs serious work to make it a more vibrant, welcoming and desirable destination.

Major targets for improvement were dark streets caused by inadequate lighting; narrow, uneven sidewalks; and street and beach litter – all combining to create a less-than-inviting sense of insecurity. A shortage of parking was also high on the list, along with a sense of being fairly invisible to City Hall when it comes to public investment and improvements.

Guiding the discussion, Jae Palsce – vocal of the recently elected Junta Committee – explained that the Junta will work closely with the Amapas Neighborhood Association for positive change.

The Junta’s immediate goal is developing a Master Plan for the beach and business area that addresses traffic, parking, street and sidewalk issues, and easy & attractive access from the surrounding area to Los Muertos Beach.

Among those expressing concerns and offering suggestions were Liney Cornejo, Emperador Hotel & Suites; Arturo Tovar, Tropicana Hotel; Pastor Ric Lehman, CompasioNet; and Sid Goodman, Saturday Market Co-Op. Local residents Bill Hevener, Raul Duran and Gardner Tonigan, and newcomers Jay Siefman & Marlene Rosenbert also spoke up.

The Junta’s next meeting – 3 PM Wednesday, Nov. 27 at the Paradise Community Center – will continue public input on the Master Plan, include proposals based on this week’s meeting, and strengthening the area’s identity as a unique and desirable beach, shopping and dining destination through ‘branding’.

 

One Pothole Fixed, 86,793 to Go!

Bill A's Hortensias Tire-Eater Pic Hortensias-Highway Repair-July 2013While the city is full of potholes this time of year, this one where Hortensias meets Highway 200 was a dangerous hole into the drainage grate.

Alert new ANA member Steve Moore (Brisa Lunar) recently spotted it and let Administrator Jae Palsce know.  One of the new concrete beams supporting the big metal drainage grates had essentially ‘melted’ away in the summer rains, leaving a nest of exposed rebar – nasty surprise for an unwary driver coming up or down the hill.

As a Junta Vecinal, our Association is able to get the attention of Obras Publicas, which handles street repair.  As a result of persistent calls and emails from our Administrator, O.P. dispatched a repair crew to replace the missing cement – problem solved.  Your ANA in Action.

ANA Board Approves Additional Administrative Budget for Junta Vecinal

June 14, 2013 PUERTO VALLARTA:  At its regular Board meeting today, the Board of the Amapas Neighborhood Association (ANA, Asociacion de Vecinos de la Colonia Amapas, A.C.) voted to allocate funds to additional administrative help to get its new work as a Junta Vecinal underway.

Specifically, the Board voted to allocate $18,000 pesos to cover an additional half time person to support the JV’s administrative work for 3 months.  This “seed fund” comes from surplus funds raised thanks to beating our member projections, now exceeding 200 ANA members.

Separately, the Board agreed to ask members to contribute to our special AIM Higher fund to “seed” operations of the JV.  It is anticipated that in the future, fees will be charged for permit approvals to help pay for JV administration.  However, until that time, the Board anticipates needing to fund 6 months of operations, plus consulting and legal fees. The recent clearing of landslides on Gardenias by the city is the JV’s first success in getting city action for neighborhood issues (click here for story).

A goal of $100,000 pesos was set in time for high season in October 2013.  All members are urged to consider a contribution (click here for budget and details).

ANA JV’s First Success: Clearing Landslides on Gardenias

On Monday, June 16, workers and trucks appeared on Gardenias street to clear the road of debris and landslides, and to clear drainage for the rainy season.

Landslide clearing on Gardenias.

Landslide clearing on Gardenias.

Landslide clearing on Gardenias.

Landslide clearing on Gardenias.

Previously as a neighborhood association, our requests to the city for this work went unheeded.  But as a Junta Vecinal, we made the official request throught the Department of CIty Participation.  Director Hector Gallegos helped organize a tour of the area in the week of June 10, and the next week city crews were at work.

This is a real example of what we can get done, neighbors working through ANA as the new Junta Vecinal to get action from the city.

Amapas Landslide Tour An E-Ticket!

One of the first benefits of the new Amapas Junta Vecinal was a recent (and long-awaited) ‘tour’ by City officials of the rock- and mudslides that have accumulated on Gardenias, Hortensias, and Callejon de la Igualdad, creating traffic problems and occasional two-lane ‘lakes’.

On May 28, ANA member and Las Moradas resident Michael Baietti took  PV Citizen Participation Director Hector Gallegos, his assistant Aby Hernandez, and an Obras Publicas engineer on a walking-tour of upper Gardenias, pointing out mounds of storm-deposited rocks, debris-choked gutters, culverts and drainage canals that have caused recent summer street-flooding on Gardenias and erosion problems for downslope areas of Hortensias.  They were joined by Sharon Dunn, Selva Mar president, who expressed her building’s appreciation for the City’s visit.

The following week, Michael conducted a second tour for Proteccion Civil, whose approval is necessary for Obras Publicas to begin clearing the slides and debris, and three representatives from the Planning Department.

As a result, quick approvals are expected for the immediate clearing of the slides, just ahead of the summer rains.  This should seriously reduce flooding and erosion problems on Gardenias and in the Hortensias area.  Approval is also expected for some new retaining walls, curbs, and storm water containment work – which will likely be a City & ANA-funded joint project, and begin in the Fall.

The ANA and the Amapas Junta Vecinal will work to make this storm drain clean-up a regular annual event.

Also involved in the Landslide Tours were ANA ‘Streets’ Consultant Ruben Carrillo, ANA President Tom Swale, and ANA Administrator Jae Palsce.