HOA's in Puerto Penesco

ron

Guest
Hi there,
noobie here trying to get info on Puerto Penesco HOA requirements. My question is HOA membership mandatory. I see info from the Cholla HOA that states "Ms. Dahlstrom reported the following: 687 paid in full, 165 not current, 21 Mexican Members who are not required to pay, for a total membership of 873. There are 21 members whose status is unclear. "

Some do not pay?

Then I see in some of the old postings on this forum "Jan Brewer and her husband John chose not to be members of Las Conchas homeowners association. They ended up going to court in Hermosillo and Jan and her husband won because belonging to a homeowners association is voluntary in Mexico."

Membership is optional?

What gives? Can someone elaborate on the rules of HOA's?

Thanks
 

dry heat

Pigeon coup coordinator
For most if not all condo developments you have to pay for the share of your ownership. Most if not all of these developments do not technically have an HOA (at least as to how we view them in the US). What they have is a share of common area ownership that you pay based on the proportionate ownership of your property (ex. a 1 bedroom has a .000001 ownership while a 4 bedroom penthouse may have a .000002 ownership of the common area). Another big difference is the administrator has much of the power, not the board (like in the states). I think the Las Conchas situation is unique in how it was formed and how ownership is taken within the community.

I am sure I am missing plenty of info but maybe someone else can fill in where I left off.
 

lagrimas85

AKA Carnac
Casa Del Puerto Condos, no legal Hoa, only a handshake agreement among the owners, and a cheaper bunch of people would be hard to find, $90.00 includes cable tv, water, exterior maintenance and a limited amount of electricity....$7.00 dllrs a night to the HOA when the condo is used as a rental.....
 

Landshark

Guest
I don't know the legalities of belonging to a HOA in Mexico, but heard the same story about the Brewer's court ruling and have mixed feelings about it. For the sake of discussion, let's assume it's true. First thought is why didn't everybody else in Las Conchas jump on the Brewer's bandwagon and refuse to pay their HOA dues? How about the residents over in Cholla? Sounds like 687 out of 873 are paid up. The Brewers beat the system, so why didn't everybody else do it? I think the answer is obvious, the HOA's provides many things that are a huge benefit to the individual communities. Things that homeowners want and need such as security, road maintenance, trash pickup, etc. Things that homeowners are willing to pay for even though legally they may not have to. That said, I wonder how the Brewer's neighbors felt about them ducking out on their dues. The Brewer's trash was still being picked up, they still enjoyed the well maintained roads, and still found the comfort provided by a gated community and 24 hr security patrols. Not to mention the increased property value that the HOA services created. Also willing to bet the neighbors weren't happy about their dues being considerably higher because some of their neighbors weren't paying and they had to pay their share to keep the boat afloat.
 

Terry C

Guest
I can tell you as the new treasurer of Playa Encanto that we have one of lowest fees in our subdivision of all of Rocky Point. We have 254 lots and 273 homes in Playa Encanto. We have 24/7 security, road watering from the Caborca highway and all through the subdivision of 5 plus miles, trash pickup two times a week and hauled off the dump. Yes, we do have people that don't pay I am working hard on them to pay with success.

What everyone needs to understand is that you need to pay your HOA fees in order to make your place a very nice place to come too. Do you want to come to your house and see all sorts of trash all over the place? That my friends is what a HOA does for you like we do in Playa Encanto.

My point of view on this.
 

ron

Guest
Shark,
That being said, I do believe that the Brewer's were finally shamed into paying their dues when it hit the newspapers. But, what I'm having a hard time with is Las Conchas has an HOA fee of $100 which I think is reasonable, however, Las Palmas Villa's indicate their condo fee, which I assume is their HOA fee is $640. Also, how about the "21 Mexican Members who are not required to pay" which are mentioned in the La Cholla meeting minutes. Mexican National's do not belong to HOAs?
 

ron

Guest
Terry,
I am not questioning the "worth" of an HOA as I am a member of one here in Tucson. What I am questioning is the fact that some pay and some do not. Are Mexican Nationals exempt from HOA's? Are HOA's in Mexico voluntary and not mandatory?
 

dry heat

Pigeon coup coordinator
Its possible that the 21 members who don't pay may not have to if they own the land prior to the set up of the HOA or something along the lines that give them some sort of grandfathered right.
Do you know if the Las Palmas fee is semi-annual or if maybe they are posting the scheduled payment amount (other than monthly)?


Shark,
That being said, I do believe that the Brewer's were finally shamed into paying their dues when it hit the newspapers. But, what I'm having a hard time with is Las Conchas has an HOA fee of $100 which I think is reasonable, however, Las Palmas Villa's indicate their condo fee, which I assume is their HOA fee is $640. Also, how about the "21 Mexican Members who are not required to pay" which are mentioned in the La Cholla meeting minutes. Mexican National's do not belong to HOAs?
 

mis2810

Guest
The Las Palmas Villas HOA fee is high because, I believe (and I'm not entirely sure) that the Villa owners do not have to maintain the outside of their homes. The HOA paints, and repaints, does the landscaping, and maintenance on the outside of the homes. You also have the use of 3 pools, 5 Jacuzzis, 2 water slides, a restaurant, 24 hour security, 2 on-site restaurants, and all the other benefits of being inside a resort. You can't compare the monthly HOA price of a 4 bedroom home inside a resort to the HOA fee in Las Conchas or Encanto. It's apples and oranges. Besides, from what I understand, Bella Sirena's HOA fees are close to $500/month for a 1 bedroom condo, but Bella Sirena has the most lush landscaping of any of the resorts in Penasco.
 

mis2810

Guest
That's ALOT for a one bedroom. One day, hopefully soon, I'll be living next door to you in Las Palmas in a 2 bedroom for $195 per month and my unit will be closer to the beach.
 

Roberto

Guest
I think you will find that the HOAs vary a lot from development to development. The amenities that you pay for are different in each so are the costs. And yes they are not really HOAs as you might think of them in the US, they are more like community agreements. They might be voluntary technically but most have some way to put the crank on you if you do not pay. I know of one that had their water shut off when they refused to pay and another that was denied access to the common roads serving the community. You can get shut out of the rental pool also. I have the idea that the stuff in Unconscious was somehow related to the desal debacle and conflict with the board, but that's just a guess.
 

ron

Guest
Thank you for all your comments. It appears that HOA fees are sort of based on what amenities are available, what services are provided and maybe what the traffic will bear. At first I was considering purchasing a condo but after reading some of the comments on this forum, due to the restrictive practices of loaning out my condo to relatives and friends. I think it would be more practical for me to purchase a home where I would be free to have anyone I please stay at my home.

I would still like to know why "Mexican Nationals are exempt from payment of HOA fees", but maybe that is for another day.
 

mis2810

Guest
Thank you for all your comments. It appears that HOA fees are sort of based on what amenities are available, what services are provided and maybe what the traffic will bear. At first I was considering purchasing a condo but after reading some of the comments on this forum, due to the restrictive practices of loaning out my condo to relatives and friends. I think it would be more practical for me to purchase a home where I would be free to have anyone I please stay at my home.

I would still like to know why "Mexican Nationals are exempt from payment of HOA fees", but maybe that is for another day.
The only 2 condo resorts that I know of that are extremely restrictive are Las Palomas and Puerta Privada. Other than that, I believe the Sonorans, Princessa, Las Palmas, and Bella Sirena are fairly lenient. We stay as a guest of the owner quite often and never have any problems.
 
I am confused - is it a problem for our daughter and son-in-law to stay in our condo if we are not with them? We are not in the rental pool of our resort if that matters.
 

ron

Guest
Mis,
Thank you your reply. Think I'll have to look again at Las Palmas and the Sonorans to see if they have any restrictions on usage of the condo if it is not in the rental pool.
 

mis2810

Guest
Mis,
Thank you your reply. Think I'll have to look again at Las Palmas and the Sonorans to see if they have any restrictions on usage of the condo if it is not in the rental pool.
I would think if you're not in the rental pool you'd have even more freedom to do what you want with you condo, and let whomever you choose use it. We haven't gotten far enough in the process at Las Palmas yet for me to find out about the rental pool rules. I do know that they use 2 different companies. Dolphin Beach Rentals and Castaways. Dolphin has been with them since 2005 and has an on-site office. Castaways, I believe, is fairly new to Las Palmas, but not new to RP. Not sure whether you have to pick just one, or can be in both pools. I've never rented through Castaways, and always deal with Dolphin even when staying as a guest of the owner because that's who you get the key from. Dolphin leaves a lot to be desired in the customer service area, IMO. Once we finally get our condo I would love to not be in the rental pool. What a luxury to have all your stuff already down there and just show up with your key!
 
You are right that we are very lucky to not be in the rental pool. I feel very fortunate to be able to come down any time we are able to get away.
 

marybna

Guest
I have owned at three resort there. Sonoran Spa, never had any problems. A lamp got broken, they called me, and I bought a new one to bring down. I even had a phone in the unit. You had to use a calling card. But after 3 yrs, my unit was still in great shape when I sold it. I have had Bella for 8 or 9 yrs. Same maid all the time. I have beach towels, beach chairs, umbrella, noodles etc. Sometimes they show up in other units but they all have my unit number and seem to come back. Renter was going to be charge for missing beach towels but they turned up in another unit. I had units at another resort that I will not name. They stole all kinds of stuff. Silverware, small appliances, crockpot and nothing ever came back and no one was ever charged for it. They just didn't care. I have no problem having my units in the rental pool if you have good property management. WE go down about once a month but I just can't justify the expense of keeping if I do not rent it. With good property management, you can rent it and feel okay with it. Guest or owners, I have never had a problem will letting friends use it. I have them pay the pm for the cleaning fees and any other fees. No problem.
 
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