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From a Newcomer's Perspective...

  • 11-Feb-2024 11:42 AM
    Message # 13313880

    Greetings,


    Some of the new owners in the area have questions regarding the upcoming election; in particular, the situation with the Vice President candidates.   We are hearing contrasting interpretations of the Bylaws (and differing decisions based on these interpretations).  

    Why are we finding out two to three weeks before the election that one or more members may or may not be eligible for office?  When can this issue clearly be resolved? How will it be resolved on Feb. 22?



    Thank you,

    Andrey Rukhin

    A concerned (and relatively new) owner in Nikte-Ha

  • 11-Feb-2024 6:25 PM
    Reply # 13313999 on 13313880

    Hi Andrey. And welcome. And thanks for posting.

    You can read the gory details elsewhere on this forum if you like, but basically, one group thinks Scott Brown, one of two members who applied for VP, is qualified under a reasonable interpretation of our bylaws and another group thinks he's clearly not qualified and we can't bend the rules.

    There are two ways it can resolve.

    1. Right now, Scott has been blocked from the ballot. If that stands, the group who thinks he's eligible will demand a vote at the Annual Meeting to try to reverse the director of election's decision that he's ineligible and stage a write-in campaign, and things could get quite messy.

    2. But, if Scott is allowed on the ballot (as I think he should be), we'd avoid all that and just vote. If members don't think he's qualified, they don't have to vote for him. And if he wins and the lawyers later refuse to file the minutes with the government due to eligibility concerns, the other VP candidate (former president Dan Freeman) would be seated. But the members would have had their say.

    I think that's the simpler and less acrimonious way to resolve this. But, as often happens in small homeowners' associations, people dig in their heels.

    Best, Neil

  • 12-Feb-2024 5:33 PM
    Reply # 13314452 on 13313880

    You are only finding this out regarding Scott Brown because he only decided to run 3 weeks ago and that has opened up all of these discussions. The group of people who want to include him on the ballot state, in essence, that the Director of Elections has no say in who can run for President or Vice President. They are opening up Vecinos bylaws to their own interpretation, the bylaws state that the President AND Vice President need to be residents of Akumal which is in the Municipality of Tulum. Scott Brown lives in Puerto Aventuras which is in the Municipality of Solidaridad. 

    These rules have been in place since 2013, unfortunately we have a group of people who want to change the rules NOW, clearly this is something that should have been thought of months ago... NOT 2 weeks prior to the election. To change this rule it will require a change of the Bylaws, in order to do this a formal petition needs to be presented from Vecinos members to the Board to discuss the creation of a Charter Committee. Vecinos just went through this process last year and the Charter Committee members did not change the rules regarding the President or Vice President, most of these Charter Members are now contesting what they didn't change last year.........  Welcome to Akumal..... 

  • 12-Feb-2024 5:42 PM
    Reply # 13314454 on 13313880

    Andrey,

    One more thing, Scott Brown is on the ballot as a Vocal. They would like you to believe that we don't want Scott to run period, but that is a lie. My husband has spoken to him about running as a Vocal, as have the Director of Elections and multiple board members. He would be a great asset to the Board in any capacity. 

  • 13-Feb-2024 10:44 AM
    Reply # 13314789 on 13313880

    I'm going to share my very unsolicited 2 cents, as I'm one of the very few people who have lived in and around Akumal for almost 40 years... We all love Dan, and he’s served Vecinos well, but it’s the same very same circle of people who stay in charge of Vecinos as President and VP (aside from Ricardo who is new to Akumal and learning and trying to get things done, which he's learning, is really hard). But it doesn’t leave much room for change and people are tired of the same old, same old. Let's ope it up a little.  We need to help Vecinos better represent its membership, or it’ll fall apart without support.  I’ve seen it happen before in my lifetime here in Akumal.  I don't want Vecinos to limp along barely getting enough support to pay for security and a few other little projects.   Vecinos needs to thrive, but too many people are walking away out of frustration because they don't feel represented.  

  • 13-Feb-2024 10:50 AM
    Reply # 13314792 on 13313880

    there may be a typo or misstatement in the sentence "Vecinos just went through this process last year and the Charter Committee members did not change the rules regarding the President or Vice President, most of these Charter Members are now contesting what they didn't change last year......... " . 

    I was chair of the committee in 2022-23  which originally had 7 members with an 8th added late in the process. Having recently spoken to a number of them,  most of the members (5+) are not contesting the existing wording

  • 13-Feb-2024 11:03 AM
    Reply # 13314804 on 13313880

    Hi Andrey,

    Monica's posts perfectly illustrate the situation in both substance and tone.

    Monica thinks that Scott is qualified to serve as a Vocal under the bylaws but not qualified to serve as VP. But Scott has submitted his name as a candidate for VP.

    Monica is, of course, free to not vote for Scott for VP if she doesn't think he is qualified. But she also wants to make it so members like you CAN'T vote for him for VP, even if you think he IS qualified and best for the job.

    The question isn't whether where Scott sleeps disqualifies him. The question is who gets to decide, and the answer under our bylaws is members like you, not Monica, not the board, not the director of elections, and not anyone else.

    This is why we have elections.

    Best, Neil

  • 13-Feb-2024 1:04 PM
    Reply # 13314888 on 13313880

    Neil,

    Don't try to confuse (MISLEAD and LIE ) to our members by saying, what I want is: 

    "she also wants to make it so members like you CAN'T vote for him for VP"

    That is completely untrue, what I want is for people to follow the bylaws. You are continuously trying to mislead and misinform our members. If anyone wants to reach out directly to me or my husband who is the current President of Vecinos please feel free to do so. I'm sure our members are getting bombarded by emails from you guys and I'm happy to clarify their doubts. 

  • 14-Feb-2024 6:41 AM
    Reply # 13315252 on 13313880

    Monica,

    You and I obviously disagree, but I am not trying to “confuse (MISLEAD and LIE)”.  I am stating my view of a contentious situation.

    I am a Vecinos board member, one of its most committed volunteers, and a neighbor. I am also a moderator of this forum, which has rules.

    Let’s disagree if we must, but please be civil. Thank you. 

    Last modified: 14-Feb-2024 6:43 AM | Anonymous member
  • 15-Feb-2024 11:08 AM
    Reply # 13316050 on 13313880

    Vecinos bylaws very clearly state that the membership, not the board, is the ruling body of our association.  The ONLY way to determine whether or not Scott Brown is eligible to serve as Vice President is to seek input from the membership at the General Meeting of Members scheduled for February 22.

    Many members do not realize there is a unique federal law in Mexico that establishes the "Asamblea de Asociados" (ie the general membership) as the ruling body of EVERY civil association.  This federal law is embodied in Article 11 of Vecinos bylaws which reads as follows in English:  

    “The General Meeting of Members is the supreme organ of the Association 

    and shall ratify all acts of the Board of Directors or any other body.”  

    In other words, this debate among members can and will be resolved a week from today.  Interested members can use this link to learn more about what it means when the General Meeting of Members serves as the "supreme organ" of Vecinos:

    https://docs.google.com/document/d/1HR0ZLOYpzNW_JS-TL3jINnsBxshwWBrsOKmk4AveZC8/edit

    Lisa Wilson

    Candiate for Secretary of the Vecinos Board

    Last modified: 15-Feb-2024 11:18 AM | Anonymous member
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