Sunday, November 23, 2008

Homeowners Association

I am not sure where to even start this post but I would like to alert you to the truth regarding our pending Homeowners Association.


The truth is, that by Panamanian law, we do not have a development in the true sense of the word. In order to have a development, all homeowners must be in agreement at the time that they purchase the lots, with the covenants and restrictions registered with the development. These covenants and restrictions, in order to be effective, must be in Spanish and registered against the title of each lot, so that when the lot is sold the C&Rs go with it. If they are not registered at that time then, there is no development, the roads are public Panamanian property and it can be gated, but if someone complains the Municipality will make us take the gates down. Anybody is free to use the roads. There will be no restrictions regarding land use so that anyone could build a bamboo hut next to your half million dollar home. One could raise pigs or worse yet, fighting cocks that begin to crow at 3:00 AM and continue throught the day.


In order to change this situation and register the C&R's after the fact, each and every one of the lot owners must agree to accepting the C&R's and then allow them to be registered against the title to his/her lot. There is a $300 charge for registering them after the fact. If even ONE person of the 41 lot owners refuses to accept the C&R's, there will forever be no development. We can still have the park and the pool but there will be no Homeowners Association and no obligation to pay any maintenance fees. Some may chose to pay and some may not and there is no legal recourse to collect from those who refuse to pay. There will be no land use restrictions which could become a huge problem as the lots get sold off to others. We are pretty much all of the same mind at this time but others in the future may not be.

Sunday, November 16, 2008

Properly Finished Ditches

This is the way the ditches in our development are finished. I complained about the sloppy look along the edge and was told that they would be finished along the edge later. I am not sure who told me that if it was Alfonso or the guy that was doing the work, however....

in a local Panamanian development I saw ditches that look like this and it is my hope that our developers plan to finish off ours properly and that this expense does not fall upon us, the owners. Incidentally, in this development you can buy a small completed 3 br. 2 bath house finished to Panamanian standards for 40,000 including lot, and the development was finished properly BEFORE they built one house!

Monday, November 10, 2008

The Park: We've Been Dupped Folks

Yep! the park has been planted, see all the nice little trees. Make sure you double click so that you can see them better.

Check out your park bench!

Grounds squeeky clean - ya think?

Notice the tin falling off of the roof of the rancho, makes me want to get up there and party. Oh yes and that pile of leaves at the bottom of the hill, just picture a pool there with a little winding path up to the rancho.


This is the entrance to the lovely park.

For those of you involved in this development that follow my blog, you have probably become aware that we are embroiled in discussions with John and Rose about the state of the common areas, ditches and maintenance. I am now going to expose the truth to you in my next few posts. It would appear that we have been dupped as well as lied to about this whole project. We still do not have power and yet here is a note I got from Rose Ryan 10 months ago on Jan 21, 2008.

"Ivan was at the site on Sunday. Alfonso was there as we are to get the transformer and the water turned on. other than that, we are enjoying the condo....."

Fast forward to November the 9th - still no power!!

There has been much discussion about this issue of Homeowners Association fees. In a note that Rose Ryan sent to Linda M. recently Rose stated the following:

"Hi, I will try to respond,
Most of the development was done for 2007. It was an expectation - we
came close.The pool was always shown to be an item completed when there
are actual owners to enjoy it in a sufficient number to justify it. All
are in agreement. There is a gardening company that is keeping grass
etc. cut on a regular basis.
The construction costs are not born in any costs to the owners although
now that they are completed of course they will be. It is a private road
and our responsibility.The $350 is also a projection as there needs to
be maintanance, the common area space has been planted etc. Please go to
your google and look up our competition. The fees are multiple times
what ours are and charged MONTHLY. There is a lot of work and expence
envolved in doing a development."

Rose Ryan and John Wade undertook to do this development, sold us a piece, and it is not our problem if it turned out to be a lot more work and expense than they anticipated. The truth is we have been lied to. There is as yet no power, no park, no gardener, no nice plantings that are visible to the naked eye, nothing but dead grass, piles of rocks pushed up with overgrown grass and a little Rancho plopped on the top of the hill which is already falling apart as you can see by the tin flying off of the roof. I will say that there are 3 little palm trees planted near the entrance to the park that should be big in about 20 years or so and another 3 bigger ones along the main roadway at edge of Alfonso's lot.

This is your park and your homeowners fees will go towards maintaining it....enjoy...

Reality is Dawning

In 2006 my husband Harry and myself met John Wade and Rose Ryan through a mutual contact. John and Rose are a couple who are Realtors in Calgary, Alberta, Canada. They were promoting a development in Panama in which they had an interest. There would be, we were told, a pool, a rancho with cooking facilities for communal gatherings, a park with beautiful plants, a grand entrance with an arch overhead planted with bougainvilleas climbing it. I was taken out to Vale Escondido on my first trip here to view the scope of possibilities for landscaping and I was enchanted. Surely, if there was a paradise, this was it. We agreed to buy several lots from them. In 2007 they asked for the money even though they could not provide title. Being trusting souls we gave it to them.

Close to a year went by and we were now planing to begin construction of our dream home, save for one small problem, we still did not have title. As it turns out we did not have title because the engineer hired to do the development had not lived up to his end of the deal, or so we were told. The work done on the property was shoddy and apparently not up to standards. We were promised paved roads, we got gravel. The transformer poles were too short and needed to be replaced. There was insufficient transformer capacity. Consequently the developers were withholding payment for his services and in turn he was withholding segregation titles. After much fighting the titles to our lots were finally released in Jan 2008. At last we had title!

Subsequent to that he (the engineer) would not release any more titles until the developer completed his end of the deal. Completion of the ditches, park and common areas. So in Feb 2008 they commenced construction of the ditches. About 20 feet of ditch had been constructed by the time John and Rose left Panama to return to Canada. As the dust settled in their tracks the work stopped.

I came to Panama later in Feb that year and informed John that nothing was being done regarding the ditches. It turns out I believe that a stop work order had been placed. I stayed until the end of April and no more work was done during that time. When I returned in June, they were once again working on the ditches but now it was the rainy season and it is difficult, if not impossible to pour cement in a ditch if it is being washed away by rain. So construction of the ditches stopped. Less than half of the ditches are currently completed as I write this in mid November 2008.


I left again at the end of June with plans to return in September. Our return was delayed until late October. Rose and John had been here for 6 or 7 weeks in August and I was informed that Rose had commenced development of the Park. She had purchased and planted 60 some odd plants and had started an orchard behind our lots 19 and 34. Exciting news surely. Upon our return we were devastated to find that the park is nothing more than dead grass, oh yes, we did see the palm trees in the park, in fact there are 3 of them, the largest of which is about 2 feet tall. The orchard was never planted, that was a lie, and any other plants there I believe succumbed to roundup.


From the beginning of the development of the park I have tried to impress upon Rose Ryan the need for a plan for the common areas of this development. Just as you would not build a house without a plan it is my belief that there needs to be a plan in place for the park, entrance and any other common areas. I am referring to a plan drawn up by a landscape architect complete with engineered drawings of retaining walls, pools, rancho, etc. She consistently informs me that the park is a 'work in progress'. Anybody in Canada listening to her grandiouse plans would think that all was well in paradise. Well, news flash, it is not!!