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 Use of registered name without authority

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stephenncullen



Posts : 36
Join date : 2010-10-01

PostSubject: Re: Use of registered name without authority   Sat Dec 07, 2013 12:36 am

Thank you for clarifying. But we hope you do see that by not holding the elections, it has placed JVC in a delicate position with the community. That was an error of judgment.  It is also unsettling regarding the treasurer issue.

We are well aware of the difficulties of bringing this fractious community together after so much trauma. Getting together enough good people who will actually work together is a challenge. And now we all have to face the security issue which is going to get really tough in the next month or so. We need a well researched strategy on this issue to present to residents. Is there anyone out there willing to participate in that effort?
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gusgmn



Posts : 22
Join date : 2009-04-14

PostSubject: Junta de Vecinos   Fri Dec 06, 2013 8:36 pm

When we asked Ricardo at our meeting on the 4th. he told us he did not say he is not the treasurer, he told us he said he is not going to be the treasurer after we hold elections. Nevertheless, if there is a problem either Gonzalo or I will accept your registration and believe me there will an accounting of every single peso.
As to your other question we already talked about how we were too involved battling City Hall and Vallarino on the garbage and Edenorte issues. Not meant to be an excuse, just an explanation. There is only so much time and energy for volunteers, as you may soon find out for yourself. As far as I know no one on the current Board of the Junta is anxious for another term.
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stephenncullen



Posts : 36
Join date : 2010-10-01

PostSubject: Re: Use of registered name without authority   Fri Dec 06, 2013 6:31 pm

OK, but let's have a couple of questions addressed and answered.

Is Ricardo or is he not the Treasurer.? If he is, why did he say he isn't.?
We want join JVC but cannot pay someone if he says he is not the Treasurer.Please tell us how we now accomplish this.

Also why have there been no annual meetings in 2012 and 2013?

All of this sort of stuff is what concerns us about JVC's management. it is looking like another APC fiasco. I believe the community now largely shares the main objectives of JVC but will expect accountability.

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gusgmn



Posts : 22
Join date : 2009-04-14

PostSubject: Junta de Vecinos   Fri Dec 06, 2013 12:22 pm

Reference the fees
"CAPITULO XII.
DEL FINANCIAMIENTO

Artículo 40.- El Consejo Directivo establecerá una cuota básica, de carácter obligatorio para todos sus miembros (Unidades Familiares). Los montos generados por las cuotas recaudadas serán utilizados para sufragar el presupuesto general anual (Ingresos / egresos) que regirá para el desenvolvimiento de las actividades de la Junta de Vecinos.

Artículo 41.- El Consejo Directivo podrá revisar, de tiempo en tiempo, la cuota básica establecida en interés de adecuarla a las necesidades financieras de la Junta de Vecinos.

Artículo 42.- El Consejo Directivo podrá solicitar cuotas o contribuciones especiales para el desarrollo de actividades o proyectos específicos cuyos montos no puedan ser sufragados con fondos del presupuesto general de la Junta de Vecinos.

Artículo 43.- El Consejo Directivo, establecerá un régimen de contribución especial para las sociedades comerciales y profesionales de naturaleza lucrativas establecidas en el área de la Urbanización Costambar. Estas sociedades serán consideradas como Miembros Comerciales de la Junta de Vecinos de Costambar y no tendrán derecho a voto ni podrán ser elegidos a cargo directivo."
Re: the relationship with the Federacíón, look up Law 122-05 and reglamento 40-08 of the Dominican Republic.
The really hard fact is that our registered named was illegally used in violation of Law 20-00 of the Dominican Republic in a paid advertisement and that has consequences of which you will be apprised soon.
Re: Getting rid of the presidential decree is absolutely fine with us and we welcome any efforts in that regard.
As you are suspicious, so are we. Specially after seen your ad after we had a meeting we thought had gone well towards getting things done.
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stephenncullen



Posts : 36
Join date : 2010-10-01

PostSubject: Junta de Vecinos   Fri Dec 06, 2013 10:37 am

Actually Article 7 of the Junta statutes says that every household in Costambar represented by an adult IS a member of the Junta De Vecinos. Nowhere does it say you have to pay although it is normal among other juntas to levy a small monthly fee. Paying is NOT a condition of membership. Registration is and we agree with that.

It was indicated at our meeting with Messrs Dominguez and Bustos that we should pay our dues to Ricardo Catena, Treasurer. However when Stanley went to pay, Ricardo informed him he is NOT the treasurer!!!!!

The rebuttal says that Federation stopped the 2011 elections because they required a change in the statutes. Well, why nearly 3 years later has this not been addressed??? Eh??? The is no valid board of the Junta since 2010 and therefore nobody can write up election rules. You then confuse things by saying the Federation has no power over JVC, well in that case why don't you ignore them and get on with it.

Two opportunities have passed in April 2012 and 2013. No annual general meetings have taken place since the 2011 election. And until we challenged this point, it doesn't look like any action was intended.

We all sick of the old guard in both APC and the Junta, management of both of which has been disastrous for the community. It is time to put at least one of these insitutions on a proper legal footing with a Board of Directors that works . Logically this the junta, which theoretically has more potential power to get things done. This is why we stepped up to the plate. There is no secret agenda and the community will be consulted at all stages unlike what you see at present.

At the risk of causing more controversy, I would suggest we also try to get rid of that old Presidential decree about a private community. This is 2013 going on 2014, the whole character of Costambar has changed. But legally we are in limbo land, and we should make a definitive jump one way or the other. We can't be both.

I think our objectives are the same, but we insist on complete openness from now as we are dealing with a very sullen suspicious electorate, long beaten down by infighting.our actions must reflect a full commitment to democracy.
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gusgmn



Posts : 22
Join date : 2009-04-14

PostSubject: Clarification   Thu Dec 05, 2013 5:13 pm

This is to clarify that the item appearing in Costambar Monthly is a paid ad and not an article or op-ed piece by the magazine. Sorry for any confusion this may have caused.
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gusgmn



Posts : 22
Join date : 2009-04-14

PostSubject: Use of registered name without authority   Thu Dec 05, 2013 3:17 am

TO ALL RESIDENTS, NEIGHBORS AND BUSINESSES IN COSTAMBAR
The monthly magazine Costambar News, that for years has published useful information, classified ads, both free and for pay, jokes, etc., all in English and, as far as we know, has never gotten involved in the political affairs of this community, has just published, in its December 2013 issue, a column titled “JUNTA DE VECINOS DE COSTAMBAR”. We wish to state, in no uncertain terms, that this column, ad, or whatever anyone wishes to call it, has nothing to do with the Junta de Vecinos de Costambar.
The published article contains grievous errors and shows great ignorance about the Junta de Vecinos, the regulations that apply to it and the relationship of this sector with the local government.
1. The first mistake is to assume that the Junta de Vecinos represents everyone in Costambar. Even though every resident or business owner in Costambar has the right to belong to the Junta de Vecinos, only those who register and pay the fee are members of the Junta de Vecinos and the Junta represents only those members and has never pretended otherwise.
2. The elections of 2011 were cancelled at the request of the Federacion de Juntas de Vecinos de Puerto Plata, which also requested that we amend our statutes so as to have two year terms for the members of the Board of Directors instead of one year terms. This was communicated to Messrs. Bobyk and Cullen before the publication of this article.
3. The way to correct this situation, which in no way invalidates the legal status of the Junta de Vecinos or the representativeness of its membership before any authority, was amply discussed with Messrs. Bobyk and Cullen, is to call the Annual Ordinary Assembly in accordance with the Bylaws and those who want to get involved with the Junta and its Board of Directors, if they have not done so, to register as members within the time frames established by the Reglamento de Elecciones de la Junta. Apparently, the article in Costambar News shows bad faith in promoting a petition to the Federacion de Juntas de Vecinos, signed by persons who are not members of the Junta and directed to an organization that is not in the chain of authority established by Law 122-05 and its Reglamento 40-08 of the Dominican Republic.
4. The Junta de Vecinos de Costambar is a nonprofit corporation, subject to Law 122-05 which regulates and fosters Nonprofit Organizations, published on May 3, 2005 and holds Certificate of Incorporation No. 0007 issued by the Procuraduria General de la Corte de Apelacion del Departamento Judicial de Puerto Plata on February 28, 2011.
5. For your information, Reglamento 40-08 that clarifies and implements Law 122-05 states in its Art. 3.2: “No one can be forced to establish an association, or to belong to it, or to stay in it against their will, or to declare their membership in a legally established association.”
La Junta de Vecinos de Costambar welcomes all those who want to work for the common welfare of Costambar, but will not tolerate hidden agendas or power grabbing attempts outside of the existing regulations. The solution is very simple: become a member of the Junta, pay the fee, wait the regulatory time, run for office, get enough votes and good luck!
P.S. This communication was discussed and approved by the Board of Directors of the Junta de Vecinos at its meeting on December 4, 2013.
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