Rosarito beach condos in "Playas Rosarito, Sin la Playa?" Video: For sale? For Rent? Under Arrest?

Make sure if you shake hands with an AMPI member you count your fingers.

Scroll down on page to see Larry contact under Miguel. I wish I had a day to waste I would head down there and get a tour and listen to the BS first hand.

More BS and no credibility in Rosarito Thanks to people like that

If you're interested in property at Club Marena he's your guy. There was a nomad here who bought the penthouse and I'm positive he was the listing agent. I've known Larry ever since he came down from Colorado, about five years. Nice guy.

I'd double triple check anything he, or any other agent claimed about one of their listings, but...

He's still a nice guy.

Sounds impressive. With these guys looking out for your interests, how could you lose?


See if you can record the meeting

Quote:

Originally posted by Dave Quote: Originally posted by Woooosh E4= "E4 is a group of qualified Lawyers in the Federal and State of Baja jurisdiction, directed by Eduardo Rosales, Attorney at Law." http://www.e4mx.com/ Sounds impressive. With these guys looking out for your interests, how could you lose? See if you can record the meeting

I'd think their intentions are obvious

Playa Bonita Building

You just hung yourself

Sorry about Lic. Rosales, he has an uphill job.

Being an attorney, does not condone people for lying or threatening people to try to conceal the opposition and also when the lie may cause a great tragedy maybe this next winter.

Opposition has to be met with reason and this is what Attorney Rosales does not have and let’s discuss why.

He as an attorney, cannot say everything is ok at Condominium Playa Bonita, legally and as a human being, he cannot say it also.

Every member here, can see by just common sense, that something is wrong with that building, maybe you cannot say it in legal terms, or in legal jargon, but that is for professionals in court, logic is what we use to avoid problems and it is logical that this development has problems, very wet problems.

Now you have Rosales, saying here that, he as an attorney, assure people everything is ok and threaten people to sue them if they keep communicating, through a public medium, making public the problems he does not want everybody to know about.

Well, that is exactly the kind of problems American buyers need to know about before buying, more when you are buying in a submarine development. That is called due dilligence and he needs to make a full disclosure of any problems related to the property to the buyer.

This kind of people are the kind of people giving Baja a bad name and lets educate him a little, because he remember me, another attorney at law, ex Estate District attorney, a governor´s cousin, named Alejandro Rosas Romandia, who one day, told me, that if he loose the case, he will retire from being attorney at law, well, I threw him out of the property with big slap on his rear (literally) crying not to come to violence, but he, after losing the case against me, just forgot about retiring and kept being an attorney, even when the press asked him when he was going to retire, upholding his word and he just answered, that the profession was sacred with a very red face. Hope this new attorney does not fallow that path.

First problem that make Condominium Playa Bonita not a perfect place.- Following the title chain, it does not have a National Land title at the bottom and that is using their documents. As a legal consequence, if a land has not come out of National Land dominium through a National land title, it remain National Land, because you cannot acquire national land any other way (article 27 Mexican constitution); that particular piece of land, was declared National Land in 1986 through a Global National Land presidential decree.

Second Problem.- That land is at this time subjected to an administrative procedure and is being titled by the National Land office to a third party, not that company; as a legal consequence, anyone who try to sell or cooperate with the act of selling, is trying to sell, National Property and is committing a federal offense.

Third problem.- When the National Title is issued, the people who is found possessing a part of that land, will be prosecuted by the Federal police, as a consequence, that the SRA has to give the land sold, free of legal problems and illegal occupants to thelegal buyer, who at this time has already paid to the Nation for the land.

Fourth problem.- There is a legal precedent for what I am saying, the first example already happened, on the other extreme of that parcel, a place named Animale downtown Rosarito, was rented and the one who claimed to be the owner, brought to the Federal Police office in Mexico city, where he was informed about the National Land procedure; he repeated that he was the owner and the same did his Tijuana´s attorney, then they informed them, that they were pretending to own National Land and as a consequence they needed to show a National Title or a Federal permit to use National Land; they had nothing, only a ´Prescripcion´ based on two guys who said that they were there in a party and heard the proclaimed owner said that he was the owner and nobody said anything negative about that; based on that a local judge told him, he was the owner (remember that absolutely no authority can give away National land, but the National Land Director and that include local judges); then the authorities informed them that they were accepting in front of authority to be using National land without a National Land title or Federal Permit to use National land while in a procedure to obtain one; being a federal crime and one with a heavy penalty, they were going to be put in a Federal Jail awaiting a Federal Trial; they just abandoned every pretense and talked with the guy, owner of the National Land Procedure, who by the way had the Federal permission to occupy National Land in the mean while he gets his title through the National Land procedure already paid to the nation; they made a lease contract and avoided being prosecuted for a Federal crime. (maybe Rosales Attorney can talk to those guys in Rosarito to inform himself about the problems he say does not exist, before he is in the same spot).

Fifth problem.- ! NATURE ! in 1982 the 50 year storm came to Rosarito, the sea waves destroyed most of Playas de Tijuana coastal commercial zone, 200 mts. Inland, With restaurants, houses and everything ; Rosarito was not that heavily built at that time and the area where the development is now, went almost 3 mts. below sea level with waves 3 mts over that ( I have photos taken in Playa Encantada, showing the height of the waves and sea level; pictures from my restaurant, being smashed by a Hugh wave, about 6 mts. Above what sea level is normally in Rosarito.) This is not a legal argument, but I remember you that the 50 year storm is called that way, because we have one of those on the average every 50 years and we are 29 years from that date and every day, it is more probable that a storm like that, will hit us again in Rosarito, just add the global warming effect and you will conclude that a storm more powerful than the 1982 will hit Rosarito in the next 10 to 20 years, also, add the CFE Sea wall effect and you have a tragedy in the making; I would not buy one of those condos even if they paid me to live in it; but Rosales attoney say it is perfect an has no problems !!! ok !!! why doesent he live there for the next 20 years?, he say he asure you there are no problems, doesent he?????.

I agree that the development is not legally in Federal Zone, but that is because the legal limits established in 1976 have not been modified and a lot has happened since those happy days.

The sea has been gaining ground because of the CFE sea walls and that is not going to stop, unless big marine works start soon and I don’t even know of a plan to do that.

This is beyond logic, because it has mathematical grounds, the Federal zone line was established in 1976 with a one mlimeter accuracy, the line is there and is a few meters to the west of the building and that put the building legally in National Land, not in Federal Zone (I peronally meausred it).

At this time using the legal description of Federal Zone, that area must be redefined not as Federal Zone, but as Marine zone, because the law says: Federal Zone will be established and measured where the coast is constituted by a beach and shall be measured only if the solid ground on the side of the beach, has a slope of less than 30 degrees.

In this case, the coast is constituted by a beach, but the building is on the beach and that by definition is not Federal zone, it is actually and legally the sea and that is what the beach is, Marine Zone, not even Federal Zone, the Federal Zone is the area beside the beach, not the beach.

They are actually to the west of what legally is Federal Zone, they are actually in the sea as is defined legally.

At the end of the day, we can say that that building is not there legally, has a lot of heavy legal problems and it is in a life threatening area, just waiting for the next 50 years storm, for a tragedy to occur, as an engineer, I think that the building will disappear and not even a stone will remain after the next heavy storm, that may happen this winter.

[Edited on 7-4-2011 by ramuma53]

I took the word Trust out of my Real Estate vocabulary for Mexico. It would be good to know what the plans for downtown Rosarito are, including the Malecon. Why does this entity who has paid for the National Land allow building on it and allow people to advertise huge parcels of sandy beach for sale? Why not issue a cease and desist order when people do that? Why let people build on it and create problems for investors when they come up for sale?

I am still confused. We do have two Federal Zone Concessions where the eastern co-ordinates are in the street. Ing Chavira put a nail in the street to mark the edge of our concession there. Does this not mean the street is the edge of the Federal Zone for now? Once PROFEPA moved the line to the street (based on our request and signed photo of waves coming over the seawall into the street), and SEMARNAT issues Federal Zone Titles to the same point- what more needs to be done to make that line "official"?

I'll ask this: Given that this condo building is so far west as to be sitting in the Ocean, not even the Federal Zone- does this make selling the condos more of a problem? What laws cover the Marine Zone?

[Edited on 7-6-2011 by Woooosh]

Appreciate the effort.

Now that's some good news...

Appears one can effect change using current process's available to all...

Great job from information and recommendations presented right here...

A great service ... thanks to all...

Hey, Woooosh ... how about the economy ...

Quote:

Originally posted by wessongroup Now that's some good news... Appears one can effect change using current process's available to all... Great job from information and recommendations presented right here... A great service ... thanks to all... Hey, Woooosh ... how about the economy ...

LOL. Fasten your seatbelt because imho the next big dip on the economic 'coaster will be a dooozie. The Eurozone has more than a few serious problems that will be more than a ripple here. We'll suffer from the anticipation of the economic challenges ahead regardless, it's almost a self-fulfilling prophecy. The Market Makers use any tidbit of investor's fear to manipulate the world economy to their advantage, regardless of what impact that has on the rest of us.

What it means to Baja Real Estate? IMHO- If you are looking to US buyers I don't see that coming back at the individual investor level for five to seven years. The rich have gotten richer the past three years- they are buying in Fiji, not Baja. The upper middle class is house-poor, not seeing any equity or gains the past four years or so. Their concern is getting their current house back into the black and making money for their retirement, not investing in a second home anywhere right now.
There will always be a trickle of buyers for Baja and lower-tier resales. I don't see US investors returning in large numbers until they have faith in the US economy. I'm seeing more Chinese business relocating to Tijuana and Baja real estate is a bargain for them. I think Canadian are in the same boat as the USA. What do you think skippy?

[Edited on 7-23-2011 by Woooosh]

Ramuma53. I think it is ok to go public with your efforts, take some credit. The Secretaria de Baja Proteccion al Ambiente Del Estado de Baja California and PROFEPA have already been given this information and the cat is out of the proverbial bag. It is good to get my old brain back into "Type A Woooosh" mode but I am certainly not fun to be around during this appeal (or so I have been told). "It" didn't need to exist in Baja before and hopefully it will take off Friday. It won't drive me to drink -but a xanax and a shot of Jack Daniels seems to help.

I need to find the true owner of the land for my appeal, if there is one. That would be an important piece of information to prove the squatter didn't own it and make my job easier. I know when Rancho La Costa Azul was mentioned- the sales listing for Playa Bonita Condos was removed right away. Their lawyer and president of Rosarito Beach AMPI, Eduardo Rosales took quite the beating from Ramuma53 over it. We did give him credit for walking away and not selling a land title problem to American investors. Ramuma53 says Jorge Duran defended his rights against "Club Animale" a few years back, so this was two precedents I could reference.

SEMARNAT is going to cancel our concession in 15 days if we loose our appeal and I am throwing everything at it- and we'll see what sticks. Jorge Duran's people apparently had pity on me, because I received a copy of the stamped map and the Payment receipt for Rancho La Costa Azul to the Secretaria de La Reforma Agraria in 1993. In response to our video denuncia of January 2011, the Secretaria de Baja Proteccion al Ambiente Del Estad asked PROFEPA who owned the land under the Playa Bonita Condos and copied me on it. I responded to the Secretaria that I had been given the documents in confidence with limited permission to distribute them. So the Secretaria of Baja and PROFEPA has it all- as of yesterday. Maybe I can get the Secretaria to order PROFEPA to intervene and make the appeal at of our concession to SEMARNAT unnecessary. Fat chance, huh.


[Edited on 8-21-2011 by Woooosh]

[Edited on 8-21-2011 by Woooosh]

Looking good ...

Quote:

Originally posted by wessongroup Looking good ...

Wooosh
The federal zone is according to the law is:
{When the coast has a beach and the solid ground beside the beach has a natural slope of less than 30 degrees, a Federal zone will be measured starting on the first solid ground and measuring 20 meters inland.}
That is the law, but let’s now interpret it.
That mean that Federal Zone exist only where the coast has a beach.
That mean that the Federal zone exist only if the solid ground beside the beach has a less than 30 degree slope.
The Federal Zone will be measured starting from the highest ocean water´s level, measured on NORMAL CONDITIONS (That mean not during a storm or extreme high tide)
Those are two conditions that the law has so the Federal Zone exists and that mean that if those conditions does not exist, the Federal Zone will not be measured and established.
In your case the coast has a beach and the slope has less than 30 degrees, so a Federal Zone must exist starting from the highest water level during normal conditions.
Technically, when the Federal Zone is measured, it is measured by an official team, usually a very efficient team (usually because in North Baja the work is spotless but in South Baja it was a sloppy work that sometimes goes 60 mts. inland.).
Then official markers are put in the ground but very usually those markers are destroyed by extreme waves or vandalism, but where they exist in North Baja, they are exact to the millimeter and used normally by the professional topographical teams to establish official position and that mean that you can reference a land lot in any place measuring its position related to those markers.
That mean, that the Federal Zone, once measured and published on official maps, becomes a mathematical reference and you can find the position of any official marker with a precision of 3 millimeters.
That mean in your case that the Federal Zone, exist as a theoretical line, that is a legal limit to that Federal Zone, but that line was established and measured in 1976 when the official plans for the Federal Zone in that area were published by the Federal Government.
Now a practical problem comes in to play, in 1976, the coastal line was different, the CFE breakwater has modified the coastal line while the Theoretical line has not moved at all to reflect the new limits for the coastal line.
The law has not changed and it keeps defining the Federal zone in that area the same way (in 1992 the law changed and the Federal Zone does not exist beside cliffs because they have a slope of more than 30 degrees) and now we have a disagreement between the Zone measured in 1976 and the Zone that is inside the theoretical line limit for the Federal Zone in 1976.
Your concession was granted only a few years back while the Cadastral limits were established long time ago and measured according to the 1976 theoretical Federal Zone.
That mean that the building was built according to the theoretical Federal Zone limits while your concession was granted according to the actual limits and there is a disagreement between those two lines that is being exploited by the building to allow it to exist there while the local Federal Zone does not want to see the disagreement.
What to do? There are official procedures to modify the theoretical lines and make them agree with reality and that mean that the Federal Zone authorities must modify the Federal Zone works and publish the results so everyone know where the real coastal line is to 3 mm in rescission.
That is known as Ground invaded by the sea modifications, but as you know, to modify all those plans on a regular basis, is an endless job and a very costly job for the government, so they do not do it, unless somebody ask for them.
That is your case, you must ask for that theoretical line to be modified and put where it agree with reality and that will put the building inside the ocean and on Marine Zone, not Federal zone and you cannot build in Marine Zone.