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  #11  
Old 12-29-2008, 06:01 PM
ace ace is offline
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Originally Posted by SosuaJoe View Post
As an aside, I hope you will forgive me for bringing to your attention the fact that, while the gentleman in question may or may not have acted completely appropriately in how he handled the situation, you might also want to take a look at your own decision to make this matter public before taking it up directly with him.

I don't say this to criticize you, but rather in the hopes that you will see that there is likely enough questionable decision making in play to go around and that it is possible that you are not the only one feeling poorly treated today.

Try to see it from his perspective if you expect him to try to see it from yours.

Good luck!
Joe, I'll like to thank you for your comments. Your 100% correct with everything you stated. I had 3 days of frustration billed up in me when I posted last night on the forum. Looking back I wish I didn't.

I want to make it clear I have no intensions of attacking the President personally . I'm disputing the authority he has. Once he's gone there will be another one. This President has done a great job the last 2 years but I'm at serious odds with him on this one. I have backed most of his decisions. My biggest dispute is the parking area is common ground and there are not enough parking spaces to offer all owners an equal spot. For that it's not an equal playing field. I agree there is a big issue that has to be addressed with the parking. This solution is only a quick fix to a long term problem. As it states on Jan 1 only 15 units will be able to park on the secured lot. Where are the other 40 units to park. They all pay the same maintenance fees for the care of the common ground.

I have asked them not to put in place the paid parking on Jan 1 so we could further look into other solutions but had negative results. I have paid for one with protest.

I have for 2 years asked the maintenance fees be raise 300 pesos a month. We only pay 3,000 pesos a month now. Just the extra 300 pesos for 50 units will bring in 1,800,000 pesos a year. The new parking area is estimated at 1,3000,000.

I heard back from my Lawyer and this is what he had to say

" If all the area where the parking lots are to be located, is common area, then the board has not right to charge for exclusive use and parking lots has to remain as first come first serve. "

I will leave it in his hands at this point.

I will finish with this thread also at this point.

I do want to make clear The President has done a great job the last 2 years and has made our place a much better place to live.

Thank you all for your comments and advise.

Happy New Year
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  #12  
Old 12-30-2008, 02:58 PM
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Join Date: Apr 2006
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Alfredo Guzman Level 2 (54)
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Originally Posted by Islander777 View Post
The legal answer is to be found in your project's regulations and the DR Condo Law (found in English at the Guzman law firm's website).

I suspect that some body with authority (Board of Directors or Owner's Convention) must decide to rent common area in order for it to be lawful.

The approach they wrote to you about does seem reasonable under the circumstances.
Condominium Law #5038 of 1958
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  #13  
Old 12-30-2008, 04:59 PM
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Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 (250)
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The issue has to be resolved by the Condo Association in accordance to its bylaws and the Condominium Statute.
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  #14  
Old 12-30-2008, 05:44 PM
ace ace is offline
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Originally Posted by Fabio J. Guzman View Post
The issue has to be resolved by the Condo Association in accordance to its bylaws and the Condominium Statute.
Thank you for your time with this issue. The paid parking has been put on hold. We will have a general meeting to discuss the best solution.

The link is very helpfull.

Have a Happy New Year
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