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Costambar is a beach community located in Puerto Plata, Dominican Republic.
 
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 TO WHOM IT MAY CONCERN.

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Anette K.N.



Posts : 147
Join date : 2009-04-23

PostSubject: TO WHOM IT MAY CONCERN   Mon Mar 29, 2010 9:34 pm

Last Thursday I posted a message asking to see the whole contract, which APC has obtained from City Hall according garbage pick up in Costambar.

We have only seen paragraph nr. 1 and paragraph nr. 3 . We need to see paragraph 2 also please ( the whole contract would be the best)

A copy of that contract is NOT available at the APC office, so I cannot get more information there!

I can see in the members area of this forum, that Hemagger was locked on to this page on Friday - one day after I wrote my request, so I guess you must have seen my message?

So I ask again: Please Mr. Aggerwal, be kind and post the whole content of the contract with City Hall.

Thank you very much. sunny
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Anette K.N.



Posts : 147
Join date : 2009-04-23

PostSubject: TO WHOM IT MAY CONCERN   Thu Mar 25, 2010 9:51 pm

No, Suzanne I am not going to the meeting. I appreciate that some people want to do something for Costambar, however I feel that we need something more solid in order for this community to move forward.

Actually a “Junta de Vecinos” is not the same as our Association of Property owners. Some people in Costamber are working on the creation of a “Junta de Vecinos”, which in my opinion doesn’t solve our problems either. The community is more divided than ever.

If you read the Statutes of APC Inc. you will realize, that the company is ONLY a kind of a social club and if Gymbar is talking about a “Charity” it is a kind of the same thing.

I know very well, that APC has done more than expected of a social club, but legally and officially it is what we have - a social club.
Even if we would work with the former S.A. company, which is dormant right now, APC would need a signed contract with the property owners, before they can claim to have any rights.

A Document from the Mayor of Puerto Plata signing the right to pick up the garbage over to APC is a major step towards a more solid association. I just hope that this contract doesn’t include some paragraph saying anything that can destroy this right. (Therefore the importance of showing the WHOLE contract).
The contract is apparently not available at the office of APC!

I agree with Suzanne, that off course we must pay maintenance fee if we want Costambar to be clean and safe.

If APC has to count on voluntary fees the behavior towards the residents must change. Nothing can be gained treating the people with threats and arrogance. Do you really believe that anybody will pay 10% extra charges if they are late with the payment? Nobody will! It is a hard job to convince people to pay voluntarily and in my opinion the attitude must be more humble - talking to people with patience and give everybody a feeling that they are part of the decisions. ONLY then it is actually possible to make most people pay. (Although it might be too late now)

If the contract with City Hall is that solid, that APC have the possibility to sue the non payers I see some inconvenience still:

Everybody has to be treated the same, because if just one house has been able to make a deal with APC this will turn against APC if they sue somebody else. Everybody or nobody!
APC will have to provide service ALSO for non payers if they want to sue those people. If the service was never provided or stopped, you have no case! (That is one of the reasons, why I believe that the law suit against Villa Mexico will go nowhere, because APC never provided service for them.)
There is also a conflict of interests having a board member, who partly own and represents a company with 5000 sq. m. land, that was never paid for. That will also turn against APC in a court case.
Then the rules were changed before the last elections: It was decided, that only ONE year had to be paid up , if somebody wanted to join the board or wanted to vote. Because of that decision nobody can be sued for ANYTHING in the past years - only for the last year. And a law suit costs eventually a lot more than 1 year maintenance fees.

I really hate to be that negative, however we need to stay realistic please.

Personally I prefer a professional maintenance company signing a contract, which respects the interests of both parties. I pay and I can claim service.

At the moment I am living in a dirty neighborhood and today I cleaned the street around my house MYSELF.. The grass is high and it wasn’t cut for several weeks. Just take a walk along Calle Sanchez and you cannot see the lots along the street, because of the uncut street borders. The garbage service is fine, but the surroundings are NOT.
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Anette K.N.



Posts : 147
Join date : 2009-04-23

PostSubject: TO WHOM IT MAY CONCERN   Thu Mar 25, 2010 12:12 pm

The content of the two paragraphs in the contract with City Hall sounds very good, however we miss the paragraph number 2 …

If there is a paragraph nr. 1 and also a nr. 3, there should be a paragraph 2 also.

I don’t know, but I was told, that paragraph nr. 2 says something about, that if the people in Costambar are not happy with this arrangement, the contract can be cancelled.
If this is so, the contract has no value!
So please let us know.
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hemaggar



Posts : 4
Join date : 2009-05-04
Location : Costambar

PostSubject: Re: TO WHOM IT MAY CONCERN.   Wed Mar 24, 2010 8:04 pm

For those who are interested in the language of the contract that gives APC the exclusive right to collect the garbage within the bounds of the Tourist zone of Costambar, here is the pertinent language:

Specifically, the said contract reads in Spanish: "El Ayuntamiento Del Municipio De San Felipe De Puerto Plata, representado por el Sindico el Senor Walter Rafael Musa Meyreles, por medio del presente acto le otorga facultad a la segunda parte, (La Asociacion De Proprietarios De Costambar), para que pueda brindar los servicios de alumbramientos en las calles, limpieza de areas verdes, playa, calles y recoleccion de los deschos solidos. En tal sentido sera la unica entidad encargada de la recoleccion total de la recogida de basura al proyecto touristico de Costambar Puerto Plata". (First Clause)

Additionally, the Third Clause of the said contract contract reemphasizes: "--- La Asociacion De Proprietarios De Costambar tiene la exclusividad de dar el servicio de recogida de desechos solidos (basura) a todos los proprietario del complejo de Costambar".

The said contract was signed by the Mayor Walter Musa and Jose Polanco on February 1, 2009 and is renewed yearly. It is presently in effect until December 31, 2010. the contract has been discussed a number of times at the public meetings of APC.
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suzb



Posts : 108
Join date : 2009-04-10

PostSubject: Re: TO WHOM IT MAY CONCERN.   Wed Mar 24, 2010 3:24 pm

Why would you or anyone think of APC as a "Charity" ????? I wonder.
Many years ago out of need "The Homeowners Association of Costambar" Spanish translation "Association de Proprietarios deCostambar" basically what here in the DR is called a "Juntas De Visinas" ( We did not translate it correctly because "Juntas De Vicinas" is what was intended) was formed and then Incorporated to give it some clout.
Eventually (APC for short) wound up running all the services like garbage pick-up, security etc..... because the Costambar Maintenance Co Mr Vallerinos representative Santiagito Camps stopped doing so. We all transferred our Maintenance payments from Camps to APC, they closed their doors and APC openend theirs. We Homeowners have always had to pay maintenance to someone. There isn't a service co in the world that can operate without funds and that is what our Maintenence payments are the funds to operate and run Costambar for the benefit of all who live here.
I don't know why I am writing all this because it has all been said a hundred times :-)
Anette I wasn't upset when I wrote my last note sorry if I seemed to be. I am glad you are paying maintenance. Are you coming to the Planning Meeting? I will, only something good can come out of the exchange of ideas.
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gymbar



Posts : 142
Join date : 2009-09-08

PostSubject: Re: TO WHOM IT MAY CONCERN.   Wed Mar 24, 2010 2:05 pm

For a long time I have believed that APC is a "charity" - peoples' contributions are voluntary & what Anette has said has gone some way towards confirming this. However this does not help the crisis this community seems to be stumbling towards.

If APC payments are voluntary then the sort of rhetoric that I witnessed at the recent Town Hall meeting is totally counter-productive. APC needs to convince their constituents that their contributions will be used efdectively towards improving the community. To this end there needs to be a clear vision & set of goals that APC can work towards.

Tomorrow I shall be going to the Planning meeting at L'Oase, unfortunately due to other commitments I shall only have one hour to spare so it will be interesting to see how things run.

I'll share my findings with you all, probably on Friday.
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Anette K.N.



Posts : 147
Join date : 2009-04-23

PostSubject: TO WHOM IT MAY CONCERN   Tue Mar 23, 2010 11:50 pm

I don’t know why you are so upset Suzanne. I am not criticizing or questioning anybody.

I think it is very interesting to hear about a document saying that APC has the EXCLUSIVE right to collect the garbage in Costambar .
A document with such information should be copied and delivered to each household, because having such a document is the best thing that could happen to APC. Something we have wanted to have for years actually, but unfortunately we never succeeded in getting it.
If City hall has signed over the EXCLUSIVE right to pick up garbage in Costambar to APC, this could be the savior of the Association and EVERYBODY should know and EVERYBODY should have a copy . And BRAVO to the people who succeeded in obtaining this right from the Mayor of Puerto Plata.

Because I know how difficult it would be to get such a document I just don’t understand why we just have to trust what we are told! If you hire an accountant to take care of your business I am sure you wouldn’t accept if he only TELLS you how much money you have.. Even if he is the most brilliant and honest person on earth.

So I am not picking at anybody; I would simply like to see the letter.

I have been paying my fee to APC so far. I put my monthly payment on hold last year for around 8 months , because it was my only possibility to show my disagreement with things we have tried to discuss a million times… After several months I realized that most of you were unable to understand my reasons! So I paid what I owed.
Right now I am one month behind with my payment and I am still not sure, what I will do in the near future.

I have lost my faith in APC and part of this community. If we were not able to follow the rules and decisions taken by the members I don’t think there is a future for APC. I think it is an impossible mission right now to fix the problems with most of the non payers.
They see APC as a social club and they don’t want to be part of it.

If you read the Statutes of the company you will find that article 4 says, that the contributions are VOLUNTARY. Furthermore no written contracts are set up with the property owners. APC cannot claim anything from anybody .( According to my opinion) This could change if the exclusive right to pick up garbage is signed over to APC from City Hall and therefore such document is VERY important.
I am seriously considering to join Costa de Ambar and their maintenance company. I am waiting for more information .
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suzb



Posts : 108
Join date : 2009-04-10

PostSubject: Re: TO WHOM IT MAY CONCERN.   Tue Mar 23, 2010 3:33 pm

You know Anette the requests of having every document and/or contract or agreement ever issued posted on this website is too much. I am certain that if you want to see a document you can make an Appt with the person who has that particular document and go view it at the APC office, but there has to be some resonabless (I think that is a word:-) to the whole process, one cannot question everything that is said by every person at APC and assume that because a person serves APC they are automatically dishonest and to be questioned. There has to be some trust, this is a whole new Board with mostly new people.
Since it sounds as though you are not paying APC for its services who are you paying and for what services? I would really like to know could you tell me more about it.
Thank you
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Anette K.N.



Posts : 147
Join date : 2009-04-23

PostSubject: APC Notices   Mon Mar 22, 2010 9:07 pm

I am surprised, that APC has obtained the EXCLUSIVE right to pick up the garbage in Costambar.

I was informed, that the document obtained from City Hall didn’t include an exclusivity and furthermore the contract would only be valid if nobody in the community would present a complaint about it .

I haven’t seen or read any document about this issue and I am only saying what I was told by others.

In order to inform the community the best way possible I believe it would be a very good idea to public such document on the web page please.
In this way we have no misunderstandings and we all have the possibility to understand what rules to follow.

Thanks in advance
Anette
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Raf



Posts : 93
Join date : 2009-04-10
Age : 78
Location : Changeable

PostSubject: TO WHOM IT MAY CONCERN.   Mon Mar 22, 2010 2:54 pm

NOTICE

Costambar residents have been previously notified that on or about April 1st, 2010, APC will be sending bills or invoices for maintenance dues. A surcharge of 10% will be added to any amount outstanding at the end of the quarter.

APC is quite aware of the fact some residents have contracted/paid other entities for the disposal of garbage, in violation of APC's exclusive right to pick up the totality of the garbage in Costambar, a right given to APC by the Municipality of Puerto Plata under a contract signed by the parties and for which, APC pays a monthly fee of RD$ 30,000 to the Municipality of Puerto Plata. Those property or business owners who contract garbage pick up by other entities, remain liable nonetheless, for the APC monthly dues and are hereby so notified.

It is perhaps worth reminding those offenders that in addition to the cost of garbage removal from individual households or businesses, the APC dues include services common to the entire community, such as collective security, street lights, cleaning and maintenance of common areas plus repair of streets and roads. In fact, the cost of household garbage removal is less than a quarter of the total cost of all services provided by APC.

This entire community would be more appreciative if the same individuals would just pay their dues and thus help APC improve Costambar.

If any questions remain about these issues, APC invites those impacted by this notice, to come to the Office for clarification of the same.

Rafael Belliard
Vocal/Communications.
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