Dear residents: 

We are pleased to inform you that the Assemblies on July 16th of the Colonos Association and the Covenant Association approved by a large majority the Agreement dated June 24th, 2022 for the integration of the members of the Covenant Association into the Colonos Association and the related merger of the financials.  

With reference to the decision taken at our Assembly on Saturday July 16th, 2022 Agenda Item 6, there was a meeting on Sunday July 17th, 2022 at the PA Hotel & Beach Club at which the following were present: Arq. Roman Rivera Torres, Angelos Mouzouropoulos, Carlos Suarez (representing the Colonos Association), Lic Siman (representing Arq. Roman,  Fideicomiso PA, and PA Covenant), Thierry Defauw representing PA Covenant.

All parties gave additional undertakings in writing dated July 17th, 2022 that they would proceed to withdraw all judicial claims with immediate effect in accordance with Clause Septima (Clause 7) of the Agreement dated June 24th, 2022. The wording of these undertakings was drafted by both lawyers present who recommended their respective clients to sign them: 

• Angelos Mouzouropoulos resigned as President of the Colonos Association and assumed the position of delegate in the absence of Arq. Roman, the President of the Vigilance Committee. He was replaced by Marc Pujol Folch.  
• In the Vigilance Committee, its President Ana Maria Adalpe and the vocal Cheryl Cogswell resigned. 

The Vigilance Committee now consists of the following:

Arq. Roman Rivera Torres – President 
Angelos Mouzouropoulos – delegate in absence of Arq. Roman 
Gabriela Kozelj – vocal 
Gerardo Schyvi  – vocal 

In accordance with the provisions of Article 19 of our Articles of Association and an Agreement reached on the afternoon of July 16th, the following changes had been agreed upon:

• Carlos Suarez resigned and was replaced by Thierry Defauw as Treasurer. He will remain on the Board as a  vocal.
• Georgina Lara resigned and was replaced by Rafael Liebanas Serrano as Secretary. She will remain on the Board as a vocal. 

Both vocals will remain until such time as there is compliance with the withdrawal of all judicial actions of the Agreement dated June 24th, 2022.

This Communique is the final Communique under the current Board of Directors whose resignations took effect on July 17th, 2022. Wishing you all good health and much happiness in our little piece of paradise.

Sincerely,

Puerto Aventuras Colonos Association
Help Desk
info@cubanasol.com
Ph. + 52-984-873-51-16
WhatsApp + 52-984-118-12-53
www.cubanasol.com 

Dear residents: 

We wish to inform you that Communique 22.44 which was published last Friday has been withdrawn from our website by mutual agreement between the parties. .

We now wish to repeat the second part of the Communique which was withdrawn. 

PAYMENT OF MAINTENANCE FEES – YOUR ATTENTION PLEASE!!!

In order to enable us to effect the payment of operating expenses until such time as the members of PA Covenant transfer to our Association, we urge you, once more, to pay as soon as possible the maintenance fees due to us on July 1st, 2022, thus benefiting from the 10% discount as well. YOUR EARLY ATTENTION TO THIS MATTER WOULD BE MUCH APPRECIATED.

Also, those of you who have arrears of maintenance fees due to our Association, would be well advised to settle them immediately in order to avoid the measures which will be taken shortly for the recovery of overdue debts with the support of the Fideicomiso PA/ the Developer.

Thank you in advance for your cooperation and support.

PROXIES

If you are in Mexico but you will be unable to attend our Assembly on Saturday July 16th, 2022, please ensure that you grant a Proxy to a person of your choice who will be in attendance. We attach the relevant Proxy Form which your proxy holder should bring to our office as soon as possible, at the time of registration. Guidance, for houses and condominiums owners the registration can be today. Thursday July 14th is the only day upon which Hotels and Condominium administrators can register. 

Sincerely,

Puerto Aventuras Colonos Association
Help Desk
info@cubanasol.com
Ph. + 52-984-873-51-16
WhatsApp + 52-984-118-12-53
www.cubanasol.com

Dear residents:

For those who are unable to attend in person at the Ordinary/Extraordinary Assembly which will be held on Saturday, July 16, 2022 at 9 am at the Cultural Center, we wish to remind you that there will be a live transmission of it through Zoom together with a simultaneous translation by accessing the following link: https://us06web.zoom.us/j/83038301507.   

To see the complete information on how to connect to the transmission via Zoom and choose the language in which you wish to follow the Assembly (Spanish or English), click on the following instructions. 

We also remind you that the booklet for the Assembly is available. You may download in Spanish here, and in English here. 

Sincerely,

Puerto Aventuras Colonos Association
Help Desk
info@cubanasol.com
Ph. + 52-984-873-51-16
WhatsApp + 52-984-118-12-53
www.cubanasol.com 

Dear residents:

AGREEMENT DATED JUNE 24TH, 2022 

In compliance  with Clause 1 of that Agreement, the exchange of data between the Colonos Association and PA Covenant commenced on June 30th 2022. Our Association has submitted substantial detailed information and the equivalent is now awaited from PA Covenant.

BURGLARY IN THE BOULEVARD PUERTO AVENTURAS 

A Report was received from the owner of a house in the Boulevard which was burglarized on June 24th, 2022 between 14:00 hours and 19:00 hours whilst the occupiers were out. The burglars had tried to force the rear door from the garden and the window in the kitchen but without success. They entered by forcing the sliding door of the office next to the main door of the house.

The burglars stole 2 laptops, earphones and some jewellery, and a game console in what appears  to have been a quick operation.

As the result of the Agreement for the unification of all property owners under our Association,  the video equipment consisting of 58 cameras which we own will be  monitored once again and there will be increased internal security, thus helping to reduce the number of burglaries and better identify vandals / their cars and how they entered our Resort.

ASSEMBLY AND PROXY FORMS 

You will recall that at the June 11th, 2022 Assembly, the members had authorised our President to negotiate  a settlement on the basis  of several alternatives. Therefore,  in order for the  resulting Agreement which was  signed by all parties on June 24th, 2022 to come into force, it needs to be ratified at our  Ordinary / Extraordinary Assembly which will be held on Saturday July 16th, 2022. Guidance, for the same reason, PA Covenant will also be holding their Assembly on the same day but at 2 pm, after ours has ended.

Your participation at our abovementioned Assembly, in person or by proxy, is of crucial importance. If you cannot be present, please ensure that you complete the PROXY FORM, sign it in the presence of two witnesses and send it IMMEDIATELY together with your respective IDs to:

If you are in the USA, to the following Collection Point:

TIMOTHY HOWARD
8400 PARHAM COURT
MCLEAN VA 22102-1533
USA

If you are in Canada, to the following Collection Point:

SARAH MEADE
121 CRANBROOK VILLAS SE,
CALGARY, AB T3M 1Z3
CANADA

If you are in Mexico:  by hand or by courier to our address in Puerto Aventuras:

Asociación de Colonos de Puerto Aventuras,
Local 14, Building F, Centro Comercial Marina, 
Puerto Aventuras, 
Solidaridad, CP 77733
Quintana Roo, Mexico 

PAYMENT OF MAINTENANCE FEES 

• In order to register for the Assembly, to enter the Assembly Hall and vote, you need to be up to date with your payment of maintenance fees up to June 30th, 2022. Additionally, we urge those of you who have not been paying maintenance fees since January 2022, to do so immediately in order to avoid being impacted by any new collection measures which will be introduced after the Agreement is ratified at the Assemblies of both Associations on July 16th, 2022.
• In order to enable us to effect the payment of operating expenses until such time as the members of PA Covenant transfer to our Association, we urge you to pay as soon as possible the maintenance fees due to us on July 1st 2022, thus benefiting from the 10% discount as well.

We thank you for your cooperation and support. 

Sincerely,

Puerto Aventuras Colonos Association
Help Desk
info@cubanasol.com
Ph. + 52-984-873-51-16
WhatsApp + 52-984-118-12-53
www.cubanasol.com

Dear Residents,

We inform you that our Recycling will take place next Friday, July 1st at the Skate Park from 9 am to 1 pm.

We remind you that you can consult the materials we recycle in Puerto Aventuras on our website: https://www.cubanasol.com/en/documents/what-to-recycle/.

Sincerely,

Puerto Aventuras Colonos Association
Help Desk
info@cubanasol.com
Ph. + 52-984-873-51-16
WhatsApp + 52-984-118-12-53
www.cubanasol.com

COLONOS ORDINARY/EXTRAORDINARY ASSEMBLY

SATURDAY, JULY 16TH, 2022, 9:00 AM

PUERTO AVENTURAS CULTURAL CENTER

See the complete Call.

Your participation at this Assembly is of crucial importance. You will be voting on a historic Agreement which unites all property owners under our Colonos Association. 

In the event that you cannot attend this Assembly in person, please ensure that you complete the Proxy Form for each one of your properties. These must be signed, witnessed, and accompanied by photocopies of IDs of all the parties signing them.

For those of you in the USA, you can send your completed Proxy Forms to the following Collection Point:  

TIMOTHY HOWARD
8400 PARHAM COURT
MCLEAN VA 22102-1533
USA

Those of you in Canada, your Collection Point is:

SARAH MEADE
121 CRANBROOK VILLAS SE,
CALGARY, AB T3M 1Z3
CANADA    

Please ensure that your completed Proxy Forms are at the appropriate Collection Point no later than Tuesday, July 5th, 2022.

Both of the aforementioned Collection Points will ensure that your completed Proxy Forms are delivered to our offices in Puerto Aventuras at the following address no later than Monday, July 11, 2022:

Asociación de Colonos de Puerto Aventuras,
Local 14, Building F, Centro Comercial Marina, 
Puerto Aventuras, 
Solidaridad, CP 77733
Quintana Roo, Mexico 

IN ORDER TO QUALIFY FOR REGISTRATION AT THIS ASSEMBLY PLEASE ENSURE THAT YOU HAVE PAID YOUR MAINTENANCE FEES UP TO JUNE 30, 2022. ALSO, PLEASE PAY THE MAINTENACE FEES FOR THE 3RD QUARTER OF 2022 WHICH COMMENCES ON JULY 1ST, 2022 AS SOON AS POSSIBLE IN ORDER TO QUALIFY FOR THE 10% DISCOUNT AND HELP TO FUND OUR OPERATION UNTIL SUCH TIME AS WE COMMENCE RECEIVING MAINTENANCE FEES FROM FORMER COVENANT MEMBERS.

Thank you all for your cooperation and support.

Sincerely,

Puerto Aventuras Colonos Association
Help Desk
info@cubanasol.com
Ph. + 52-984-873-51-16
WhatsApp + 52-984-118-12-53
www.cubanasol.com 

Dear residents:

It is with great pleasure that we announce the signing at 9 pm on June 24th , 2022 today of a Tripartite Agreement between the Fideicomiso PA / the Developer, the Colonos Association PA and the PA Covenant Association which, subject to the approval by  a majority of the members of both Associations at Assemblies to be held shortly, brings to an end the dispute which has  divided our property owners during the last 4 years.

SEE PHOTO

AS THE RESULT OF THIS AGREEMENT, THERE ARE NO LOSERS, WE ARE ALL WINNERS AND ITS CONCLUSION IS OF GREAT BENEFIT TO PUERTO AVENTURAS.

Briefly,

• This Agreement (see links to it in Spanish and the English translation) will enter into force immediately after its ratification by members at the Assemblies of both Associations, latest by July 17th, 2022.
• The current Board and Vigilance Committee members of the Colonos Association will resign and will be replaced by members of the current Board and Vigilance Committee of PA Covenant with the addition in the Vigilance Committee of Angelos Mouzouropoulos who will act as “suplente” / delegate in absence for  the President of this Committee, Arq. Roman Rivera Torres. The next elections for all positions will be held in January 2024. 
• The transfer of members of PA Covenant to the Colonos Association PA will be effected as soon as possible after the  ratification of this Agreement at the Assemblies of both Associations. 
• There will be an internal financial audit of both Associations by an audit team consisting of the Treasurers, accountants of both Associations at which our current President will be present, as well as an exchange of important documents reflecting their status as at June 30th, 2022 as well as the transfer of  balances from PA Covenant etc 
• The debt owed by PA Covenant  to the Fideicomiso PA will be repaid exclusively by the delinquent prior year debtors who had not paid maintenance fees to the Colonos Association and PA Covenant ,as well as from construction fees ,should  that become necessary .
• With effect from August 1st, 2022, the responsibility for all the services in the common areas of Puerto Aventuras, namely, security at the Main Gate, internal security within the Resort, maintenance and gardening, sargassum collection, the issuance of Passports and the administration of all the aforementioned, will be transferred to the Colonos Association.
• The current Colonos maintenance fee rates will apply. 
• PA Covenant will cease all its operations with effect from August 1st, 2022. 
• All parties have agreed to cease all judicial activities and to refrain from pursuing any existing claims against each other or past and present members of their Boards, Vigilance Committees and Managers, each party being responsible for their respective legal expenses which have been incurred so far. 
• The Fideicomiso PA will transfer to the Colonos Association  the Titles to the 6 Lots in the Poblado which they had purchased many years ago.

PLEASE ENSURE THAT YOU PAY THE MAINTENANCE FEES DUE TO THE COLONOS ASSOCIATION ON TIME AS AT JULY 1ST  2022. THIS IS OF VITAL IMPORTANCE SO THAT WE REMAIN ADEQUATELY FUNDED UNTIL WE COMMENCE RECEIVING THE FUNDS FROM FORMER COVENANT MEMBERS. 

As the result of the of the union of all property owners and their combined contributions by way maintenance fees under one / our Association, we  can all now look forward to the  planned improvement in the services which we understand from our meetings with Arq.Roman will greatly enhance their quality as well as our safety, and consequently, the property values within our beloved Puerto Aventuras.

Finally, we would like to convey our sincere thanks to Arq. Roman Rivera Torres, the CEO of the Fideicomiso PA for his constructive proposals and support throughout these negotiations, and to Mr. Thierry Defauw of PA Covenant for his participation in  their final stage… Also, we would like to extend a warm welcome to those members who will be rejoining our Association as well as to those who will be joining us for the first time. Our Association, which was formed by the Fideicomiso PA and its Arq Roman, has a 34 year history of serving our property owners and the community at large with integrity and in a democratic and caring way. 

.

VIVA PUERTO!!! VIVA EL FIDEICOMISO!!! VIVA COLONOS!!!

Sincerely,

Puerto Aventuras Colonos Association
Help Desk
info@cubanasol.com
Ph. + 52-984-873-51-16
WhatsApp + 52-984-118-12-53
www.cubanasol.com

Dear residents,

It was a pleasure to see so many of you at our Assembly.  There were 1,658 votes present out of our active fully paid up members of 3,600 votes which is equivalent to 46 %. This is a very good turnout for an Assembly during the low season when a large number of our active members are in their home countries USA, Canada and Europe and in other parts of Mexico.

You will be receiving from our General Manager the detailed Minutes of this Assembly. In the meantime, in this Communique we would like to address Agenda Item 11  which was the most important Item considered at that Assembly. Our President emphasised that these proposals had been approved by the Board of the Colonos Association and  the need for Agenda Items 11.1, 11.2, 11.3 and 11.4 to be approved at this Assembly so as to give him the maximum flexibility in his negotiations with Arq. Roman, the CEO of the Fideicomiso PA.

AGENDA ITEM 11.1 

This proposes  that  the maintenance and gardening service should cease on June 30th, 2022 or as soon as possible thereafter due to the deteriorating financial situation of our Association. Our President stated that the cessation would not  take place if  the terms of the ALTERNATIVE 2  proposal described  in AGENDA ITEM 11.2 below were agreed upon with the Fideicomiso PA and that the members of the other Association are transferred to the Colonos Association. However, by obtaining approval for the cessation of services, in case all negotiations break down, our members will have the possibility to remain in our Association and  not pay maintenance fees to any Association  beyond June 30th and until such time as acceptable terms are agreed upon with the Fideicomiso PA. Our President described this as the  “Armageddon Scenario” which he sincerely hoped would be averted. The members approved this proposal by a large majority.

AGENDA ITEM 11.2 

Two alternatives were presented:

• ALTERNATIVE 1.

The terms of the transfer of our members to the other Association which appear on Pages 41 and 42 of the Booklet were discussed (see link). Our President explained that this option was not favoured during his discussions with Arq. Roman, because  it would generate disputes over the ownership of assets involving legal expenses for all concerned, would involve termination payments to maintenance, gardening and office staff etc. Nevertheless, our members approved this proposal by a large majority so that our President is now authorised to negotiate on the basis of these terms in case he needed to do so. 

• ALTERNATIVE 2 

We refer to the terms which we proposed to our members for approval and which entailed the transfer of the other Association’s members to the Colonos Association. These are contained in Communique 22.38 (see link) which was issued as soon as possible after the preliminary discussions with the Arq. Roman and after the Board of the Colonos Association had approved them on Thursday June 9th, late pm. These  were emailed  to Arq. Roman on that same evening with the request for a response before noon on Friday June 10th. Arq. Roman/the Fideicomiso sent their terms about an hour and half later (see link) nevertheless, these were placed on the screen and read out at the Assembly. 

A preliminary examination of  the two proposals in Alternative 2  shows the following main differences which were explained by our President at the Assembly:

• Our request in Clause 2 of our proposal for two vocals to be nominated by us on the new Board was not accepted. Our request for elections to be held in December 2022 was also not accepted. The Fideicomiso’s proposal  was for elections to be held  one year after the signing of the Agreement. 

We believe that the current members of our  Association should be represented on the  new Board  because our existing members will be  about 50% of the anticipated total membership after the transfer to us of the members of the other Association. Furthermore, elections in our Association are always held in December when many property owners are present and can put their names forward and participate in elections. We view the new  Board which will take over on July 1st as a transitional Board because it is not possible in practice to hold elections at this time. 

• Our request in Clause 3 for an undertaking that the Boards of Directors and Vigilance Committees will ensure that  our Association does not have any operating deficits in any one year was not accepted nor was there any reference to the production of a revised budget effective July 1st, 2022. Both Associations have experienced the damage caused by deficits. In the past and we consider this undertaking to be  essential as well as the necessity for our members and  those of Covenant should know what  they will be paying by way of maintenance fees with effect from July 1st. 
• Our proposal in Clause 4 for an irrevocable undertaking that the debt of the other Association to the Fideicomiso PA will NOT be repaid by our Members but will be paid exclusively by those long term defaulting property owners who have not paid any Association, does not appear to have been accepted. Arq. Roman and others have informed us that several condominium blocks who had  transferred to the other Association recently have received such letters of exemption. We believe that the omission of this undertaking from Arq. Roman / Fideicomiso PA’s email of Friday June 10th might be the result of oversight because this fundamental requirement was made clear by me from the outset, both verbally and in writing. It goes without saying that any other liabilities which Covenant may have are unknown to us and will not be transferred to the Colonos Association. 
• The proposal in Clause 3 of  Arq. Roman’s / the Fideicomiso’s email of the 10th will need to be defined. Is this a Financial audit  and what does  the reference to “precedents” and “new responsibilities” mean? We intend to have our Financial Accounts audited by external auditors as at June 30th, soonest after Agreement is reached. The other Association’s Financial Statements have never been audited by external auditors and it is not our intention to  examine their debts or liabilities because they will not be transferred to us, our interest being their participation from July 1st, 2022  onwards.

We believe that, with a measure of goodwill on both sides, the above mentioned differences and other matters of secondary importance which will need to be negotiated can be settled within a short time. To this end, our President will be contacting Arq. Roman on Monday, June 13th. Our President emphasised that, in this situation, there are no winners or losers but if no Agreement is reached, ALL OF US IN PUERTO AVENTURAS  WILL  BE LOSERS. 

Both Arq. Roman / the Fideicomiso PA as well as our President and Board consider that ALTERNATIVE 2 is the best solution for the property owners in Puerto Aventuras because:

• It preserves the value of the Colonos Association which has served our community for over 30 years.
• It avoids arguments over the ownership of assets. These will remain in the Colonos Association and will continue to belong to its members which will be all the property owners in Puerto Aventuras who are up to date with their payments.
• The employment of the maintenance and gardening staff will remain and there will be no termination payments at this time. The same applies to most of the office staff, depending on the decisions which will be taken by the new Board and Vigilance Committee of the Colonos Association.
• The unity and trust of the property owners as well as the cooperation with the Fideicomiso PA / the Developer will be enhanced. 

MEMBERS AT THIS ASSEMBLY ALSO EXPRESSED THEIR PREFERENCE FOR ALTERNATIVE 2 AS PROPOSED BY OUR ASSOCIATION IN COMMUNIQUE 22.38 AND BY A LARGE MAJORITY AUTHORISED OUR PRESIDENT TO COMMENCE NEGOTIATIONS  ON THAT BASIS.

We are cautiously optimistic and will work towards a mutually satisfactory Agreement  whilst  at the same time charting a course which avoids any unnecessary turbulence.

Thank you for your support at the Assembly.

Sincerely,

Puerto Aventuras Colonos Association
Help Desk
info@cubanasol.com
Ph. + 52-984-873-51-16
WhatsApp + 52-984-118-12-53
www.cubanasol.com 

Dear residents:

We are pleased to Report that Arq. Roman, the CEO of the Fideicomiso PA/the Developer and founder of our Colonos Association some 34 years ago, agreed to meet with our President Angelo. They had dinner on two consecutive nights and spent a  total of some 6 hours together sharing past experiences as well as discussing the way forward for Puerto Aventuras. We would like to state at the outset that these discussions were both friendly and constructive. 

Our President took careful note of the Arq. Roman’s views and preferences and tried to combine these with those of our Board and, most importantly, those of our members. As you know, this means that compromises have to be made by all those involved. On that basis, Angelo produced the following document (see link) which has been approved by our Board and Vigilance Committee and has been emailed  to Arq. Roman this morning. Several of the fundamental issues, such the transfer of members from the other Association to ours were basically agreed upon in principle but others have not, although these are not beyond reach. 

Please read the attached document before the Assembly where we will focus on this important topic. Provided that it is approved by you, it will form the basis for further discussions with Arq. Roman after which an Agreement will be drawn up. We will keep you informed of all developments by means of Communiques. We may have to hold a further Assembly in July but we hope this will not be necessary. 

The objective is to commence the implementation of any signed Agreement on June 30th, 2022 or as soon as possible thereafter.

Kindly rest assured that we are doing our utmost to bring these matters to a satisfactory conclusion. In this regard, we remain cautiously optimistic.

Please ensure that you come to the Assembly in person or are represented by Proxy. If you are not in Puerto Aventuras, please follow it on Zoom (See the instructions in our Communique 22.37). 

Thank you for your support. 

Sincerely,

Puerto Aventuras Colonos Association
Help Desk
info@cubanasol.com
Ph. + 52-984-873-51-16
WhatsApp + 52-984-118-12-53
www.cubanasol.com 

Dear residents:

For those who are unable to attend in person at the Ordinary/Extraordinary Assembly which will be held on Saturday, June 11, 2022 at 9 am at the Cultural Center, we wish to remind you that there will be a live transmission of it through Zoom together with a simultaneous translation by accessing the following link: https://us06web.zoom.us/j/89990804574.  

To see the complete information on how to connect to the transmission via Zoom and choose the language in which you wish to follow the Assembly (Spanish or English), click on the following instructions. 

We also remind you that the booklet for the Assembly is available. You may download in Spanish here, and in English here. 

Sincerely,

Puerto Aventuras Colonos Association
Help Desk
info@cubanasol.com
Ph. + 52-984-873-51-16
WhatsApp + 52-984-118-12-53
www.cubanasol.com