by: Tony Schaefer

The Consejo is a group of owners committed to finding peace in Puerto.  Our task was to get answers to simple questions. Questions that define the reality of Puerto.

Who is the fedicomiso?  What is Roman’s role? What is colonos?  What is their role? What is the owners role?  We started with the premise that there existed a three party agreement.  Developer, Fedicomiso and Colonos. That meant to us that the municipio was in agreement with the sharing of control and costs between the Developer and Colonos.  So, we also asked what is the role of the Municipio.

We decided early on to accept all sides versions of the legal arguments.  That meant we had no clue as to the outcome of those proceedings. So, instead of legal resolution, we decided to start looking for a practical resolution.   We figured that the powers would finally end the question. Our role was then, to facilitate it.

We signed an agreement with the Developer to gain influence in decisions about the entrada and security.  Today, our efforts are bearing fruit. The improvements at the entrada and with passport stand as a testament to the value of cooperation with the developer.  They stand as a testament to the value of our work.

We have also had success with the Colonos mesa directiva.  Our goal was to get the mesa to commit to a clear course of action.  They finally have and chose municipalization. Yet, the question does not appear on their agenda for the AGM.  It is clear that the mesa needs the full support of the Municipio to achieve that goal. Yet, according to the mesa that support appears to have vanished. 

Our goal is peace in Puerto.  That goal requires the merger of Colonos and Covenant.  Toward that end, we have decided to offer our service to form the first Owner board of Covenant.  Once done, then the discussions about our affairs will be between Owners where they should be.

We urge attendance at both general assemblies.  We have been working for resolution for some time, seeking answers to the questions that divide us.  We believe these meetings will answer those questions and lead us to the resolution Puerto needs.

The Consejo Ejecutivo de Propietarios de Puerto Aventuras held their first open meeting on Saturday, August 17.  It was attended by about 20 owners and lasted for just over an hour.

The Consejo introduced themselves to the owners and explained their signed agreement to serve as active advisors to Covenant.  They also explained the reasons for their action and involvement.

The Consejo explained that their first order of business is the reshaping of the entrada.  They explained the plans purpose is to improve traffic flow while improving access control and safety.  

Key elements of the plan include:

  • Dedication of two owner/resident lanes equipped with automatic controls
  • Two commercial lanes 
  • The establishment of a transitional lane for improved exit during peak times
  • A new pedestrian and bicycle access point

They also explained why they will be using the Colonos Security Manual as the basis for the security aspect.

  • It is the only manual approved by owners
  • It mandates the use of a single access card system
  • It sets a statement of standards for security
  • It is a good place to start

The Consejo also explained the importance of a single access card system to the plan and success of the security efforts.  They set forth a new plan for passport.

  • Passport will be available to all owners, long term residents, business owners and employees 
  • Owners can apply with their ownership documents, with a predial payment stub showing the catastral number or with a current colonos ID card.
  • All other ID requirements for passport remain in effect

The Consejo gave a brief report on finances.  The key points included:

  • Covenant is running a significant deficit that is currently being covered by the Developer.  
  • The greatest single line item of cost is the entrada and security.
  • The developer has agreed to fund the entrada and security improvement  project as a goodwill gesture.
  • More detailed report is coming on all these points at the next meeting

The Consejo also explained their plan to build community involvement.  The key points include:

  •  Regular open meetings with owners
  •  A website that will be used as a central repository for important information
  •  A commitment to full disclosure of information

The Consejo also discussed the role they see with Colonos.  They noted that the basis for their relationship with the Developer is trust built through open discussion and full disclosure.  They committed themselves to owners upon the same terms. They seek and open relationship with Colonos as well.

Owners can’t make informed decisions without information.  Colonos will agree to cooperate and share resources and information.  The Consejo is looking to design ways to improve service and cut costs. The Consejo need this information to distribute to owners.  Owners need it.

Owners also need a defined forum to meet and discuss all subjects about the future of Puerto Aventuras and the owner’s community. This needs to exist locally for physical attendees and by the internet for owners away.  

The Consejo committed itself to holding regular meetings, every two weeks.  They took questions and suggestions and promised to report back. The website is the Consejo office.  We asked owners to register and participate.

The Consejo requested owners cooperation toward achieving  these important community goals. They urged everyone to get a passport card and to attend the next meeting.

When the formation of the Council was made public, the first questions came. Here are the first answers :

What is going on?

A group of committed owners has organized as the Consejo Ejecutivo de Propietarios and has been accepted by the developer. They executed an agreement with Covenant AC and the developer to take over responsibilities for the actions and initiatives of Covenant. They will hold their first public meeting on August 17th at the Omni at 9:00 am.

What does this mean?

This means that owners will once again control the entrada, security and all other functions and decisions of Covenant. Owners will now have the opportunity to accomplish their goal of unifying the security of Puerto Aventuras.

Why was this necessary?

The developer is the only legal representative of Puerto Aventuras. The developer has the capacity and interest to do things owners cannot and has and continues to make major investments in our community in a variety of ways. The Consejo recognized that the developers support was critical to our communities success, and so, the Consejo chose to work for peace and cooperation through agreement with the developer.

This action was necessary because Puerto Aventuras, our community, our resort, our way of life needs change to survive and prosper. The owners acted because it needed to be done.

Owners need a way to address changing circumstances. If the developer and colonos cannot work together, then owners voices are not heard. Owners need a new venue for discussion, for governance, for planning and for making important decisions.

Owners and the developer pay all of the costs of Puerto. It was a natural alliance. One that made sense in the beginning and one that still makes sense today.

What will be the change in security and when will it happen?

The plan is to implement the Colonos Security Manual as the basis for our security. Puerto needs a common plan that has been accepted by owners as the basis for a new start. The manual is more stringent than current practice. It mandates a new form of ID and it sets rules and consequences for violation. But it is a good place to start.

Owners will be advised in advance on any change in protocol. But the changes will come. The current plan is to fully implement changes to access and security systems at the entrada on September 1.

What is the plan for passport?

The Consejo controls passport ID decisions. The Manual and security protocol demand a single ID system. The only system available and in wide use is passport. And it works.

The plan is to simplify the process for application and make it the ID of choice.

Who gives you authority?

We need no authority because we claim none. We are the Consejo, owners who decided to intervene to work and end a pointless fight. Owners who choose to act as advisors. We are not the Covenant board. We do not represent the Developer. We are owners who see the wasting of our funds and seek to end it. We are owners who see problems and choose to work for solutions.

In terms of operations, our agreement with the Developer and Covenant give us authority.

Has colonos, the mesa directiva been consulted or involved?

The mesa directiva has been aware of our existence for some time. Months ago, when we started negotiate with the developper, we have offered cooperation to them directly and were rejected.
Now that we have signed our agreement with Covenant, we are proposing Colonos to sign an agreement with us giving us access to their strategic, financial and operational information, so we can publish it to the owners.

Peace requires cooperation. We hope Colonos will accept our initiative and become transparent with us. The Developer and Covenant agree. We have solved most of the problem. We, a group of owners have reached agreement with the Developer to work together. Through that agreement we gain control of the entrada and security.

The Consejo will report to owners about the finances of Covenant, projects planned and cost. We will set forth a plan for improving our entrada and our security. We are asking Colonos for information on finances, on legal affairs.

Colonos’ board must decide what course of action they will take. In any case, as owners, this information is needed.

What is the plan for meetings? Will they be open?

The Consejo will hold regular meetings open to all. Comment and discussion will be welcome within reason on all topics. We will respect order. We will discuss finances, projects, initiatives. We will form committees and take reports. We will have a rolling agenda. We will conduct business and make decisions. Full disclosure. That is the plan.

We seek to create a new way of doing business.

Are these owners just puppets for the Developer? Does the Consejo have an interest in the outcome?

No, and yes. This group of owners are independent. They have done their diligence. They take on a huge responsibility as volunteers until there can be an election. They realize the stakes and act out of commitment and dedication to Puerto Aventuras and owners. They are leaders who have chosen to act.

Every member of the Consejo, like every owner and resident of Puerto Aventuras has an interest in the outcome. If Puerto succeeds then we all succeed. That is our interest. The success of Puerto Aventuras.

A Message to Owners from the Consejo Ejecutivo de Propietarios de PA

We present ourselves as the voice of our community. We are a group of owners who formed as the Consejo Ejecutivo de Propietarios to accept the promises of the Developer and take over the coordination of our resort beginning with the priorities of the entrada, access control and security.
On July 12, an agreement was signed by which control of the decisions and initiatives of Covenant AC is assigned to the Consejo Ejecutivo de Propietarios. The transition to achieve control of the entrada and security and other goals is in progress.
We, as owners are aware of the needs claimed by the community. We pledge ourselves to serve those needs, making our resort a better community. We will accomplish this by working hand in hand, owners and the Developer as it was from the beginning.
We consider communication as one of our main goals. A well informed community has better means and reason to participate constructively in present plans and for our future.


El Consejo Ejecutivo de Propietarios de PA,

Tony Schaefer,
Jean Luc Nahon,
Adriana Carabias,
Mack Jones.

BASIC PRINCIPLES

BASIC PRINCIPLES UNDER WHICH ¨PUERTO AVENTURAS¨ WAS CONCEIVED AS A RESIDENTIAL / TOURISTIC DEVELOPMENT.    THESE PRINCIPLES WERE ESTABLISHED BY THE DEVELOPER RESPONSIBLE FOR THE DEVELOPMENT AND TRANSMITTED TO THE COLONOS´ ASSOCIATION AS REPRESENTATIVE OF THE COMMUNITY. THE BOARD OF DIRECTORS IS OBLIGATED TO RESPECT, CONTROL AND ENFORCE SAID PRINCIPLES.

PRINCIPLE     I  :           A U T O N O M Y.

AN AGREEMENT WAS SIGNED BETWEEN MUNICIPAL AUTHORITY AND DEVELOPER SO THAT PUERTO AVENTURAS WOULD BE SELF OPERATED BY DEVELOPER AND COMMUNITY.   BASIC SERVICES WILL BE SELF OPERATED.

REGULATIONS REGARDING ARCHITECTURE, URBAN AND COEXISTENCE WERE DEFINED BY THE DEVELOPER TO BE ENFORCED BY THE ASSOCIATION.

SECURITY WILL BE ASSIGNED AS RESPONSIBILITY OF THE ASSOCIATION INCLUDING THE ENFORCEMENT OF PRINCIPLES AND REGULATIONS.

PRINCIPLE     II  :          I N T E G R I T Y  ( A S   S I N G L E   U N I T ).

PUERTO AVENTURAS` MASTER PLAN WAS DESIGNED AS AN INTEGRAL UNIT WITH ITS SERVICES, INFRASTRUCTURE AND ATTRACTIONS FOR USE, ENJOYMENT AND BENEFIT OF OWNERS AND RESIDENTS.     DIVISIONS SHOULD NOT BE ALLOWED INSIDE THE RESORT.

PRINCIPLE     III  :        S E C U R I T Y.

SECURITY IS A PRIORITY FOR ASSOCIATES AND THEIR PATRIMONY.   IN ORDER TO ACCOMPLISH THIS OBLIGATION, SUFFICIENT FUNDS, PERSONNEL AND EQUIPMENT HAVE BEEN ASSIGNED TO THE ASSOCIATION.

AGREEMENT SIGNED WITH MUNICIPAL AUTHORITIES MAY PROVIDE SUPPORT TO OUR SECURITY PERSONNEL ONLY IN SUCH CASES WHEN WE REQUIRE IT. 

HOTELS, CONDOMINIUMS AND OTHER ASSOCIATES REQUIRING SPECIAL SECURITY SHOULD HIRE ADDITIONAL PERSONNEL FROM SAME SECURITY COMPANY HIRED BY THE ASSOCIATION TO AVOID POWER STRUGGLES WITHIN. 

MAIN GATE WILL ALSO BE ASSIGNED TO BE OPERATED BY THE ASSOCIATION BEING THE FIRST STEP TO A SUCCESSFUL SECURITY

PRINCIPLE     IV  :       P R I V A C Y.

PUERTO AVENTURAS IS A PRIVATE RESIDENTIAL / TOURISTIC DEVELOPMENT WITH INFRASTRUCTURE FOR THE USE, ENJOYMENT AND BENEFIT OF ITS OWNERS AND RESIDENTS.           SELLING THE USE OF OUR INFRASTRUCTURE TO OUTSIDERS SHOULD BE AVOIDED EXCEPT IN SUCH CASES WHERE IT IS FOR THE GENERAL WELFARE OF THE COMMUNITY.   

PRINCIPLE     V  :       R U L E S  A N D  R E G U L A T I O N S

PUERTO AVENTURAS` ORIGINAL CONCEPTION INCLUDED STRICT REGULATIONS ARCHITECTURAL, URBAN AND COEXISTENCE THAT ARE OBLIGATORY FOR EVERY ASSOCIATE.

THE ASSOCIATION IS OBLIGATED TO SUPERVISE AND ENFORCE THE REGULATIONS WITH THE FUNDS, PERSONNEL AND EQUIPMENT ASSIGNED TO THEM BY THEIR ASSOCIATES.   FOR THIS PURPOSE, THE ASSOCIATION WILL HIRE A PRIVATE SECURITY COMPANY.

At our meeting with owners, we presented plans to improve the entrada and our security in concert with Covenant and the Developer.  We have been working with our community partners for the past many weeks on making these plans a reality. We are pleased to see the changes.

Starting November 1, Puerto will have 7 access lanes, with 3 lanes dedicated to owners and residents.  Traffic flow has been improved through a registration program for regular vendors, delivery trucks and employee buses and vans.  These changes will dramatically improve access and security control.

The key to utilizing these improvements is the passport card. 

Owners have approved the security manual. It mandates the use of a single verifiable and functional ID card. Passport is our only option and it is a good one.  It is the key to our security system and it works.

We have spent a lot of time and effort improving our entrada.  The Developer and Covenant have spent more time and effort and have supplied the funds for these improvements.  We are ready to deliver an improved entrada. Passport is the owners/users key. Passport is not a revenue stream.  Its purchase does not indicate support for Covenant or the Developer. It is a tool we need to make these improvements work for us all.

Our community faces challenges.  Our decision was not to solve them all but to tackle one.  We chose cooperation over division. I have worked with the Developer/Covenant team for many months.  Our meetings have not always been easy, but we have persevered to focus on our goal; improving the entrada and our security.  To us, our works and our team are a testament to our mission and our determination to achieve peace in Puerto Aventuras.

The entrada will be ready for the changes.  Security will be ready for the changes. Passport is ready for the changes and our team is ready for the changes.  Over half of owners use the passport card. Our task is to gain the support of the rest to achieve this community goal.

We continue to actively seek discussion with the Colonos mesa directiva.  So far, they have refused. They refuse to distribute our letters or notice of meetings to you.   They continue to argue they should have control of the caseta, yet they provide no plan for the operation or its funding.

We continue to work for unity.  Owners have important meetings coming. Both Covenant and Colonos will hold their AGM’s this year.  We have gained a unique perspective on our affairs that we need to share with you. We will use our web site (restricted access and comments only to owners and long term residents), public meetings as our forums for information, discussion and explanation ; and owners events.

We urge you to register on this Web site, discuss with us and attend our meetings

Tony Shaefer, Member of the Consejo.