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Are you happy with your BOD?


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I live in a fraccionamiento with a BOD.

I know BOD members serve w/o pay and for the most part is a thankless job." I'm sure there are many reasons the members do it, ranging from ego to really wanting to help others.

My BOD  has made decisions involving a lot of money that have been disasters. I have seen two contracts for over a total of well over $1,000, 000. Sorry, it's not workable to put a dentist in charge of bookkeeping, or an architect to oversee street maintenance. We have no government concession and thus no legal standing in the courts if needed. And I won't talk about the incompetence of the attorney for my fraccionamiento,

The purpose of this post? If you feel your BOD is truly competent and well run, please give me the name and contact information for the president because I would like to get some input on how to improve the running of my fraccionamiento.

No, I'm not a BOD member, but I want to approach the BOD  with more than complaints, I want so suggest solutions, and I can only get those from the president of a BOD that doesn't have the problems and has the respect of the people living in the fraccionamiento.

Thanks.

 

 

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IF this is for real...... 🤔.....way to help is get on the BOD yourself and work from the inside.  Why do you think people whose professions or careers don't correspond to their BOD positions?  Mainly because anybody with a brain, and who wants to avoid stress and conflict, avoids being on the BOD like the plague!!!

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Every fraccionamiento or Corp has "board problems" and can never satisfy " everyone "

For the number you mention I would not think it was spent without discussion at your AGM. The budget is always a contentious item, but I guess it was identified and voted for...or not!

It's a thankless job but someone has to do it...belly up and volunteer

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4 minutes ago, lakeside7 said:

Every fraccionamiento or Corp has "board problems" and can never satisfy " everyone "

For the number you mention I would not think it was spent without discussion at your AGM. The budget is always a contentious item, but I guess it was identified and voted for...or not!

It's a thankless job but someone has to do it...belly up and volunteer

Yes, this is a legitimate post and I agree it's a thankless job. .

I don't do well with committees unless I have oversight and make the final business decisions..

I did present a plan at the last AGM. This is after I spent several hours talking to officials at the Municipal building and paying a professional interpreter to be with me. I detailed what needed to be done to get the concession so the frac could have legal standing in court. I detailed a way to actually collect the over $1,000,000.00 in back fees due. I am told back dues will be paid when the property is sold. True, but that won't help those who are paying for the Moroosos now.

I covered I covered the cost of the translator myself and talking with the at who said my idea of how to collect the money would legally work well. I said to get Spencer McMullen, Esq., an American and Mexican attorney. Spencer has, IMO, forgotten more Mexican law and procedure than most attorneys here know.

At the AGM, I pointed out how the Frac had lost a lot of money due to a contract, one page long, that had no protection fat all or the frac and no set price for the work. I then pointed out the same problem with another contract.

Yes, the budget was presented and glossed over by the very few people at the AGM. No one even questioned the budget except me.

After presenting my plan, the frac attorney who was there and spoke English, said he would contact me. I followed up with him in a detailed email giving times, places and persons. I said I would prepare the amendment to the By-laws. I heard nothing back for over a week and then got an "I'm sorry for the delay" letter. Then I was told "Soon come."

This frac, and I am told some others, is a legal and financial disaster.

That's why I want to talk to a BOD from a successful frac and find out what his/her secret is.

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Most of the Bylaws that I have viewed from other fraccionamiento's have spending limit restrictions for the Board.  If they want or need to spend over the set amount,  a vote must be taken at an AGM or an SGM.  No way could our Board have spent, 1,000,000 pesos without a vote from the members of the Fraccionamiento.   And, Bylaw amendments need to be voted on at an AGM also. Homeowners can't just "prepare" amendments.   Also, annual Budgets must be voted on at an AGM.  All items that have been voted on become part of that years Escritura.   If you are so unhappy,  maybe it is time to move.  

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My advise to anyone who will listen, is to stay away from these completely. You own your home but some "committee" is setting extra costs that you have to pay and have no control of, and tell you how to live your life??? Completely ridiculous!!! I myself, much prefer renting since if there is something that comes up that you do not like you can just move on. Fortunately I found a great rental 14 years ago and renew my lease every year...and oh, do not fall for the trick of having to pay the rent in US$$$!!! 

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My opinion is based on having lived in a B0D controlled gated community is Southern CA some years ago.  They can and DO make onerous rules.  We sold and moved to a single family house.  My advice is to rent or buy in one of the Lakeside towns and stay away from the B0D controlled communities.  What's the advantage of them, anyway?  🙃

 

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Nikolas said: Spencer has, IMO, forgotten more Mexican law and procedure than most attorneys here know.

Maybe in yours.  Not so much is the eyes of many others.............

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15 hours ago, ibarra said:

Most of the Bylaws that I have viewed from other fraccionamiento's have spending limit restrictions for the Board.  If they want or need to spend over the set amount,  a vote must be taken at an AGM or an SGM.  No way could our Board have spent, 1,000,000 pesos without a vote from the members of the Fraccionamiento.   And, Bylaw amendments need to be voted on at an AGM also. Homeowners can't just "prepare" amendments.   Also, annual Budgets must be voted on at an AGM.  All items that have been voted on become part of that years Escritura.   If you are so unhappy,  maybe it is time to move.  

Prepare means to have it worded correctly/legally.

Yes, the contract was voted on by those who attended the AGM. The issue is that the contract that was approved is a piece of sh*t that gave no protection to the Frac.

No, it's not time to move, other than move to have the BOD make some changes and do good analysis of what is needed, AND, have a good attorney assisting, AND someone from the BOD talk with the attorney and ask questions on how to serve and protect the frac.

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12 hours ago, gringohombre said:

My advise to anyone who will listen, is to stay away from these completely. You own your home but some "committee" is setting extra costs that you have to pay and have no control of, and tell you how to live your life??? Completely ridiculous!!! I myself, much prefer renting since if there is something that comes up that you do not like you can just move on. Fortunately I found a great rental 14 years age and renew my lease every year...and oh, do not fall for the trick of having to pay the rent in US$$$!!! 

GringoHombre;

Your points are well taken, but many people come down here and want the security of owning their own home. Renting has many "dangers," the least of which is an increase in rent.

When you buy a house in a Frac, it seems you are legally made a member.  W/O a BOD, the roads would fall apart and we would have to depend on the municipality for water and other services. And you know the quality you would get.

The problem is getting a qualified/competent BOD which may be a problem since they don't get paid. They are mostly good people, but being good does not always equate to competence in everything. A frac is a business, and should be run as such.

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Would everyone like to welcome back "Eric Blair", "Clueless", or previous incarnations I might not be able to name. 

Personally, I would suggest to David that he let those who 1) know what actually happened recently, 2) are schooled in Mexican law, and 3) are the products of Mexican culture do their jobs without his interference.

Chapala Haciendas got run through the wringer by the same attorney (F) who has been discussed on this board. They also hired the wrong firm to dig a well. Meanwhile, a global pandemic struck and we all know the disruptions this caused. They have recently hired a new, sharp, young abogado and a well educated contador who are working with the BOD to sort things out, recover some money if possible, and put us on the right track.

The last thing our fracc needs is someone who is clueless- doesn't speak the language, doesn't understand the culture, is not a lawyer in Mexico, and who can't hear well enough to have heard jack squat at the AGM- mucking about and acting the know-it-all. I might add, fracc business should remain fracc business and not be thrown to the wind to see who reads it.

 

 

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5 hours ago, chapalence said:

Would everyone like to welcome back "Eric Blair", "Clueless", or previous incarnations I might not be able to name. 

Personally, me would suggest to David dat he let those who 1) no what actually happened recently, 2) are schooled in Mexican law, and 3) are the products of Mexican culture do their jobs without his interference.

Chapala Haciendas got run through the wringer by the same attorney (F) who has been discussed on this board. They also hired the wrong firm to dig a well. Meanwhile, a global pandemic struck and we all no the disruptions this caused. They have recently hired a new, sharp, young abogado and a well educated contador who are working wif the BOD to sort things out, recover some money if possible, and put us on the right track.

The last thing our fracc needs is someone who is clueless- doesn't speak the language, doesn't understand the culture, is not a lawyer in Mexico, and who can't hear well enough to have heard jack squat at the AGM- mucking about and acting the know-it-all. I might add, fracc business should remain fracc business and not be thrown to the wind to see who reads it.

 

 

You have clearly identified the "problem" when you mentioned...doesn't understand the culture....We and Mexicans can/do look at the same 'problem" and will then take a totally different path (on cost and time to complete) to reach the same goal. Added to that complexity is their desire "not to offend". This characteristic is best displayed at AGM's when the board has to make a contentious decision, they truly agonize on making a yes or no....... and so will talk and talk and talk hoping the Gringos will just give up and walk away, and then they can "table the motion" until the next meeting!

This applies not only to any Board of Directors but to personal relationships, a Mexican partner, wife, husband, or significant other.

I would suggest that whilst many of us can speak fluent Spanish, we do not "Think in Spanish". This talent/skill I have only found twice with a couple of Mexicans I have worked with. I have long learned that it is best to identify the  need/goal and then walk away..otherwise, I will immediately question the direction/way the task is being done....because I know my way is quicker and probably less costly! ( and most times it is!!)

Let me give you an example. Many years ago I was into the building and flipping houses. I am not sure what happens these days but back then when preparing the footing the Jeffe would order large rocks and a peon(s) would "spend hours" breaking them up ( just like the chain gangs on the side of the road in GA in the '50s). I would ask the Jeffe why not order the rocks of the right size..." The rocks cost more Senior"..really? but doesn't take long to build the house? In other examples, I noticed a peon cutting the branch/limb of a tree to shape and fit a sledgehammer handle that has broken. I am not sure how many hours it had taken him,  I immediately went to the hardware store and bought a handle, the cost of the handle was far less than the time the guy was spending witling  away this tree limb..."but I wanted to save you, money Senior"

Let me share with you all one "smart" idea I had that turned into a catastrophic mistake. Back "then" the norm was to construct the homes leaving the window size/space ready for the glass guy to come in and measure each single "hole". At that time there were no ready-made windows available until Home Depot came along. So in my wisdom, I decided it was going to be a cost-saving and quicker to buy ready-made windows and get the guys to make the holes to the size of the windows!. What a disaster, the first error.... where do you store this load of windows and not damage the glass panes. Then as good as the workers are... the slight variation's in the hole size required a lot of shimming/extra time etc, to install the "fixed size " window frames. 

There is a balance that all visitors to a foreign country must have, Sadly I still try to think of myself as a Don Q and not sit down and read The Serenity Prayer. Good luck Nicklos I think you have great ideas but not "The Culture" to turn them into action

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12 hours ago, Nikolas Telsa said:

GringoHombre;

Your points are well taken, but many people come down here and want the security of owning their own home. Renting has many "dangers," the least of which is an increase in rent.

When you buy a house in a Frac, it seems you are legally made a member.  W/O a BOD, the roads would fall apart and we would have to depend on the municipality for water and other services. And you know the quality you would get.

The problem is getting a qualified/competent BOD which may be a problem since they don't get paid. They are mostly good people, but being good does not always equate to competence in everything. A frac is a business, and should be run as such.

Hola, I see that you are a very new member here...Welcome!

I owned a very nice home in Southern California for many years, and just before my move here to live full time in 2008 the bottom fell out of the housing market there. Luckily, I had refinanced a few years prior and had pulled out a lot of cash. When I left, the house was way upside down so I just put the key in the mailbox and called my bank to say Adious. Most of us here are of a "certain age" and myself, I went the rental route and have not looked back. Besides the risk factor I mentioned, as well as what you are experiencing, I got lucky in that my landlord is a rich Mexican family in Guadalajara and If anything goes wrong (water pump, leaks, electrical, plumbing, you name it), I call Ismael my handyman, he gives me the estimate, I submit it, get the approval (100% so far) and deduct from the next months rent. Too old to be messing with this stuff myself!!! Hope you get your situation under control and hopefully in the long run this will be the best situation for you. ¡Buena suerte!   

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12 hours ago, Nikolas Telsa said:

W/O a BOD, the roads would fall apart

Where I live, our road is not maintained by the municipality. In the summer, it used to be impassable. Now there are enough people who use the road, both foreigners and Mexicans (10 homes with vehicles) that we just all chip in and get whatever work needs to be done, done.

You don't need an HOA to accomplish things like that, you just need cooperation with your neighbors.

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15 hours ago, lakeside7 said:
You have clearly identified the "problem" when you mentioned...doesn't understand the culture....We and Mexicans can/do look at the same 'problem" and will then take a totally different path (on cost and time to complete) to reach the same goal. Added to that complexity is their desire "not to offend". This characteristic is best displayed at AGM's when the board has to make a contentious decision, they truly agonize on making a yes or no....... and so will talk and talk and talk hoping the Gringos will just give up and walk away, and then they can "table the motion" until the next meeting!

This applies not only to any Board of Directors but to personal relationships, a Mexican partner, wife, husband, or significant other.

I would suggest that whilst many of us can speak fluent Spanish, we do not "Think in Spanish". This talent/skill I have only found twice with a couple of Mexicans I have worked with. I have long learned that it is best to identify the  need/goal and then walk away..otherwise, I will immediately question the direction/way the task is being done....because I know my way is quicker and probably less costly! ( and most times it is!!)

Let me give you an example. Many years ago I was into the building and flipping houses. I am not sure what happens these days but back then when preparing the footing the Jeffe would order large rocks and a peon(s) would "spend hours" breaking them up ( just like the chain gangs on the side of the road in GA in the '50s). I would ask the Jeffe why not order the rocks of the right size..." The rocks cost more Senior"..really? but doesn't take long to build the house? In other examples, I noticed a peon cutting the branch/limb of a tree to shape and fit a sledgehammer handle that has broken. I am not sure how many hours it had taken him,  I immediately went to the hardware store and bought a handle, the cost of the handle was far less than the time the guy was spending witling  away this tree limb..."but I wanted to save you, money Senior"

Let me share with you all one "smart" idea I had that turned into a catastrophic mistake. Back "then" the norm was to construct the homes leaving the window size/space ready for the glass guy to come in and measure each single "hole". At that time there were no ready-made windows available until Home Depot came along. So in my wisdom, I decided it was going to be a cost-saving and quicker to buy ready-made windows and get the guys to make the holes to the size of the windows!. What a disaster, the first error.... where do you store this load of windows and not damage the glass panes. Then as good as the workers are... the slight variation's in the hole size required a lot of shimming/extra time etc, to install the "fixed size " window frames. 

There is a balance that all visitors to a foreign country must have, Sadly I still try to think of myself as a Don Q and not sit down and read The Serenity Prayer. Good luck Nicklos I think you have great ideas but not "The Culture" to turn them into action

...or how about not leaving space for the electrical and plumbing conduits and pipes...so that a peon can spend hours chiseling it out later? 

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One solution is to live where the roads are maintained without either the need for neighbor cooperation or a BOD, and if buying, getting yourself a house where everything already works!  That's the reason we bought a casa in the middle of an old, established Lakeside town.  (It would be nice if they'd fix the stinkin' potholes, though!)😉

 

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I have never owned a home with a BOD in Mexico. We did rent two houses when we moved back inland with BOD's over the course of four years. That was more than enough to open my eyes to the squabbling and bickering that goes on in those developments even when they are reasonably well run. Not for me but everyone's different.

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9 hours ago, gringohombre said:

Hola, I see that you are a very new member here...Welcome!

Please read chapalence's comment. Based on the OP's initial statement, they are NOT a new member, just asking the same/similar question under a different name to see if it illicits a different response.  "The definition of insanity is doing the same thing over and over again and expecting a different result."

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  • 2 weeks later...

Most of the BOD are expats.   The problem is they don't understand the frac is a business and they do not know how to run a business. The attorney for the Frac is Mexican and makes promises he doesn't keep.

The BOD signed two contracts that gave the frac no protections and they were basically open ended for costs.

I have said several times to get Spencer, he gets things done. My suggestions were ignored.

When I moved into the frac, my house is on a privada. When it rained, it was pure mud. So I personally got three trucks of gravel brought in and dumped and had my gardener spread it. Problem solved. I never asked a neighbor for any contribution.Same with a street light. I put it in and hooked it to my house power.

                         =30==

 

 

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With respect Telsa if you wish to enjoy Mexico then you better think like a Mexican AND speak like a Mexican

If you have adolescent children do they always listen and do what you say? Many times they have different/better  ideas than you.

Or if you stay fixated be prepared to have Bleeding Ulcers!!

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17 minutes ago, lakeside7 said:

With respect Telsa if you wish to enjoy Mexico then you better think like a Mexican AND speak like a Mexican

If you have adolescent children do they always listen and do what you say? Many times they have different/better  ideas than you.

Or if you stay fixated be prepared to have Bleeding Ulcers!!

Or just stay away from those potential self inflicted problems to begin with!!!

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NIcolas Telsa - What do you want from us?  You have a personal problem with your fraccionamiento.  We can't help you with that.  Take it up with your neighbors who actually have a say in what goes on in your fraccionamiento.

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