COMMITTEE FUNDS MANAGEMENT.

Dear Don,

The composition of the board has been known and published on the APC notice board for some time as are financial statements, developments of APC activities are published and emailed monthly.

Respectfully
Stanley

Stanlet:

Pardon me for being a bit slow, but I've had to opportunity to read the Article you mentioned with respect to financial statements "Ärticle 7
Rights of Members - (d)To be able to access all of APC public documentation through its board of directors and representation of APC".
But you didn't mention (c) (Rights) "To be informed about the composition of the board of directors, representation of APC, its financial
situation and development of its activities."

These are RIGHTS, so I have a poroblem in understanding why the information was not turned over to the people requesting it long ago
without all this dancing around. It simply doesn't look good, when it is our money we want to ride herd on.

I can only speak of the Security committee. The last information I have is that Gene, Abi and Jack are handling the Finances Jack is handling what is left from before his retiring and Gene from that time forth. If you contact Jack and Gene I am certain they can give you a verbal report and Jack did send an email not too long ago with a very comprehensive breakdown
Remember that the security committee donations are paid out on a monthly basis so although the monthly financial report is very nice to have it is not necessary in my opinion, there will not be much left over monies after we pay out the monthly donations thru the end of the year, we're lucky if we have enough donated monies to get there.
To my knowledge I don't think Stanley is involved in any of the security committee finances since he is APC
I don't know anything about CRIC

Hello again, Stanley,
Again, I am asking WHO is doing the expense/income reports for the CRIC committee? If you have not already, please review the April, 2011 posting of Bob Curtis as Treasurer of CRIC. His reports were summarized, but also available individually upon request. WHO would be responsible for this bookeeping now?
Also, Security Committee Members, were always told that those funds were completely separate from APC and kept in a separate account. Is it now a sub-committee of APC?
Thanks for communicating with those of us seeking answers.
Linda

Stanley:

Thanks for summing up your interest in the community. I share your objectives, and should point out that Costambar is a real community unlike some of the more glitzey locations. The market has been dead since 2008 and there doesn't appear to be an end in sight. This isn't caused by harmony or being good neighbours but because the situtation in the US and Europe is a mess. The need here is for effective and honest administration of the project. and promoting harmony with all factions living here

In the first place we are, by law, in a Tourist Zone and are a "private tourist community". Having said that the law reads that no businesses are allowed in Costambar. Now you can see that through sloppy administration that has fallen by the wayside long before the property owners wound up running the project in 1998. The original project manager was Costa de Ambar S.A. which is now owned by Eng Eddie Vallerino who is the largest single landowner in Costambar. He has been alienated from the current Board and is a difficult, but not impossible, man to deal with because he lives in Panama and his project here is for development and sale. There is a segement of the population that rents and many more people living here work and live here rather than having retirement income. These two groups say they want harmony but complain they are descriminated against.

This latter group have now set up a Junta de Vecinos, which is a recognized form of organization, to look after community interests. They are very active, but unfortunely are also at odds with Yash, not the whole community, but one segment of it. I personally think there is room for all three interest groups. Eng Vallerino has his Golf Course (that is another area of contention) and about 110 lots. While the Junta de Vecinos can effectively deal with government in such matters as Electricity, Water, and Roads. Whatever we are calling APC is responsible for garbage collection, security, lot clearance and lights - the maintenance functions although iit was originally set up for "the social welfare" of the owners. There's plenty to do for all of us, but the issue of harmony is central. My comments to Yash have been directed toward managerial effectiveness, not politics, and the politics involve working harmoniously with the Junta de Vecinos and Costa de Ambar SRL. By keeping these two factions at arms length, or as adversaries, we are only hurting our own interests.

I would still like you to clarify, at least in your own mind, what legal entity you represent as Treasurer and what your financial (signing) authorities are. I think there is a problem, which if you want, you can contact me on a forum other than this. For the sake of privacy.

My interests tend to be more formal business/public administration in nature. I enjoy watching people new to the area trying out new approaches, but experience has taught me they eventually come back to the tried and tested procedures or fail.

Hello Don,
for sure, as and when time permits I will be happy to dialogue with you, please let’s keep
dialogue away from reminiscences or otherwise of the past and let us discuss the present and future activities of Costambar and the community, in a positive way.

I consider that what I am doing here is community work, I am not a part of any political group or part of a superpower administration, simply trying to help in my way to improve the community that I am part of.

My immediate concerns are property values, the visual aspects of Costambar and harmony within the community. All three go together.

For property values, I do not think we can rely on the Puerta Platian community to help us, better to approach the national and international communities and publicize Costambar at these levels:
The new website that we are building now could help some:
Any fully paid up APC members wishing to advertise there local business or real estate property, can place ads, if there information is sent in computerized form these ads will be without charge.
Photos of the beach, trees, flowers, marine life, golf, tennis and community life would also be welcome.

The visual aspects:
We can all help with this, bagging leaves, organizing the correct disposal of plastic containers, protecting waste from stray dogs, moaning at or reporting people who use vacant lots as dumping grounds.
The roads signs are being prepared, the streets lamps modified, repairs are being made to the roads. It is truly sad that these things are only able to be achieved with the efforts of the sub committees, the charity activities and donations from private individuals, while others avoid paying APC maintenance fees and disrupt the daily running of the community.

Harmony within the community: That is up to all of us.

I have a much to learn from your experience Don, and of your knowledge of Costambar.
Respectfully
Stanley

Stanley:

Nothing I have said relates to any views I have of a personal nature. I am concerned that management responsibilities are carried out in a legal fashion for the benefit of the community at large. Ron Moran and I tried to work with Yash for nine months when he seemed unable/unwilling to put the correct financial signing auhtorities in place. If it was personal we would have dumped him immediately. As to the the company in question, please let us know what financial signing authorities you have as Treasurer and exactly what is the legal name name of the company you have such financial authority.

On the same theme there are two possibilities where the old Asosiacion de Proprietarios en Costambar Inc. required changes brought about by the law 122-05. This was forced on Yash by Gonzalo Bustus who has been a gadfly for Yash. That's personal, although the man works tirelessly for the community. It was Gonzalo who showed we had to make the company current. To change the constitution of that company required an impossible quorum of 60% or roughly 360 people. Otherwise we could form a non profit company which requires 25 sponsers. Obviously Yash didn't do either and created something that will have to be redone in the future. What isn't pardonable is taking the opportunity to serve his personal goals when writing the socalled Institutos. He not only showed incompetance, but worse did not involve the community at large to see that the Maintenance company Institutos served us all.

I worked with many people I liked on personal basis but fired because they were incompetant. On the other hand I've worked with people who were no friends of mine but whose work I respected. Yash doesn't fit that critera. Socially he's a pleasure to be with. It's how he views the role of President that upsets me, so any future Board will have a lot of work just dealing with what he has left behind. The reason for eight other Board members is to collect people with different talents, meet together, debate, discuss and form a consensus how to do what is best for the community. One man rule by dictat is a disaster in waiting.

I hope you continue to dialogue with us.

Thank you for the information Don,

I do not want to be involved with the personal disputes that you have with anyone.
For the moment I will continue work within the guidelines set out in the existing documents.

Respectfully
Stanley

Stanley:

If you look at the process of writing and approving the Institutos you refer to they aren't legal by any definition. They were crafted by one person to meet his own personal ends, such as leaving out the legal requirement for the Board to serve a fixed term of two years. There was no attempt to frame the Institutos with the community being affected and finally twelve people, who may not even have had the opportunity to see what Yash had produced, signed them off. That just isn't the legal way to do it. I don't know how he could have obtained a legal quorum with the transient nature of the community. But once he set out to write the Institutos he had that obligation, and he failed to meet it. I suggested, prior to the election, that they have to be rewritten at the first opportunity. They were badly written by one person to serve his own ends and are useless as a legal guideline.

Please don't bring them up again until you are satisfied with the process. Then we can debate it, if you like.

In reply to Linda.

Good Morning Linda,
APC Sub Committee Funds are managed in a separate account as always.

In Reply to Don,

Dear Don,
As previously stated a quarterly profit and loss statement for the first quarter of 2012 has already been published and has been available for viewing on the APC Office notice board since the 10th of April, along with a profit and loss statement for 2011 which has been there even longer.

Conforming to Article7, section ”d” of the “ ESTATUTOS DE LA ASOCIACION DE PROPIETARIOS DE COSTAMBAR-APC”, questions posed be Fully Paid up APC members will be answered. Questions should be sent in writing, addressed to the person concerned to the APC office.

Respectfully
Stanley

Don Docker's comments are all well taken, clearly explained and historically accurate.

In the past (at least in the US), the expression was "taxation with representation". America even fought a righteous war based upon that premise.
As always, things keep changing though and now, I guess one could modify the above expression to read: "taxation only with TIO".

What is "TIO" might one say?

In my mind, it means taxation with "TRANSPARENCY, INFORMATION AND OPENNESS". Call it the "TIO" approach to governance, if you will.

The current powers that be continue to trample upon Costambar's Statutes and the residents rights, by repeatedly ignoring justifiable requests for information, stalling, setting up roadblocks and ridiculous "requirements" that never existed.

Here we are, 9 full weeks after "the elections" and no one has been able to obtain the P&L reports, an accounting of legal expenses paid by APC during the last 12 months or even a simple answer as to "who is now handling the CRIC and Security committees monies". Is there any wonder the average person scratches his/her head and asks: "why?"; "what are they trying to hide?"

No wonder residents are reluctant to continue paying APC, when repeated requests for information as to what is being done with their money are always ignored.

True democratic government thrives and operates upon a climate of total clarity and by keeping its charges fully informed. In contrast, we all know dictatorial and totalitarian governments absolutely hate those principles, operate in secrecy and punish those that dare to demand otherwise. We do not have a guillotine or the gallows in Costambar yet, but we do have their equivalent in revengeful lawsuits to punish those that dare oppose "El Jefe".

No wonder residents are also loath to pay their APC dues, when they know those are being used to pay for those frivolous lawsuits from the president against them.

What does continue to amaze me, is the fact that Costambar residents are mostly good folks from countries with a long and deeply ingrained traditions for the rule of law, democratic principles and the curbing of "too much government". Some of them fought in wars to uphold those principles or lost dear ones who did. Yet, some of them continue to support the current state of affairs and the man behind it.

Why? Am I stupid and "just don't get it" or are they too dead set upon protecting their personal interests, at the expense and detriment of the commonwealth?

Go figure!

Raf

Stanley:

I am concerned with the policy on the release of information. It has been policy, since we started to maintenance program (1998), to release the financial Profit and Loss Statement when it is done each month. That statement is tabled at the Board meetings entered into the Minutes, and is available to any paid up member on request at the office. The present "policy"seems to be a hybrid of federal public service policy in the US (Not in Canada or the UK). I don't know where it came from but the Board serves the community, not the other way around. If you expect payment of maintenance fees then you must release information when it is requested and not put up hurdles. Otherwise why should we pay when you won't show us where the money is going? The verbal accounts have not been credible, unfortunately. We have a legal right to the information.

Before the core of the Junta de Vecinos rebelled totally against the present Board they and other doubters were invited to the office and we went over the financial statements. They usually paid their fees. No useful purpose is being served by the present policy. It appears you have something to hide, which I know is not the case. The byword in business and government today is openess and transparency. I suggest your policy is retrogressive/harmful and should be changed.

Stanley,
I'm afraid you misunderstood me, Stanley. I did not ask for details about these committee funds, I simply asked WHO was acting as treasurer for these funds. The money in these funds was freely donated by many Costambar residents either as individuals or as fund-raisers. I feel we are entitled to know how these funds are being managed apart from APC.
Since I am in North Carolina, submitting something in writing (and would that need to be in Spanish, also?) is a BIG problem.
Linda

Hi Linda,
this sort of question should be directed to the APC office in writing for my attention.
I cannot discuss internal financial affairs on a public forum.
Respectfully
Stanley

Stanley,
As Treasurer for APC, I assume you can answer this inquiry:
In recent months, the Treasurer for both the CRIC and the SECURITY committees has resigned. As you know BOB Curtis had filled that position for both committees and provided regular reports and complete transparency. In fact, he was taken to court a year ago by Pres. Aggarwal for simply doing his job. He requested financial information from the CRIC Fundraising Chair, Hemu Aggarwal, so that he could balance the books.
Since his resignation, we have been led to believe there are only two members of the CRIC committee, one being President, Manlio Del Degan, and the other Gene DiLorenzo. There has been no announcement as to who is maintaining the financial records of either the CRIC or SECURITY committees. These two committees control an estimated RD$425,000 (nearly $11,000 US) between them. Can you inform the community as to WHO is "keeping the books", since both of these groups have pledged to keep their funds separate from APC? We would hope that whoever has taken on this role provides the same concise and open records that Mr. Curtis provided. I am requesting this from you as the Treasurer, because historically, asking the President or the office (which he controls) for any information has proven to be a waste of time.
Thanks in advance for your help.

Linda Belliard