BajaNomad - Baja Malibu fights to collect nearly $200,000 in HOA fees

Baja Malibu fights to collect nearly $200,000 in HOA fees

BajaNews - 8-16-2011 at 10:06 PM

http://www.signonsandiego.com/news/2011/aug/16/trouble-in-pa...

Written by Sandra Dibble
Aug. 16, 2011

TIJUANA — The Americans who own homes at Baja Malibu Playas say they love their small enclave of cobblestone streets and Pacific Ocean vistas. Yet there is trouble in paradise: Many homeowners have not been paying their monthly maintenance fees.

As of this month, the homeowner association reports that it is short $199,516.57.

Ric Tanny, a retired airline pilot from Laguna Niguel who is the association's treasurer, said the funds are necessary to maintain the privately operated sewage system, pay the salaries and benefits of security guards and a full-time property manager, and fund beautification projects such as the repainting of the Baja Malibu arches.

“It’s just a very basic tenet that people should pay for the benefits that they receive,” said Sean Gunderson, the homeowner association’s president, a law enforcement software specialist from Phoenix who is a part-time resident.

Baja Malibu is located at the southern end of Tijuana, right off the toll road, its houses overlooking a sandy beach that has long been popular with surfers from both sides of the border. Residents say they came for the laid-back lifestyle — not this tension among neighbors, most of whom are from the United States.

“We came here to enjoy Mexico, the freedom,” said Joe Luger, a six-year resident from San Diego.

Life at Baja Malibu has had its challenges since its creation more than 40 years ago. A previous treasurer is accused of embezzling $12,000. Squatters have moved into vacant houses, and weeds threaten to take over abandoned lots.

Now the association’s leadership is fighting back — and winning a few battles.

Board members, who say the association has had the right to collect fees from property owners since 1986. recently raised the monthly dues from $50 to $75, though about half the owners are still not paying.

The association is now offering delinquent homeowners a chance to cancel their debt if they pay half of what they owe the association.

While a handful have stepped forward, some are still refusing to pay, and the association has taken legal action against four of them, including a San Diego attorney who owes $5,452 and a retired police officer from Poway who owes $4,297.

Bajafun777 - 8-17-2011 at 02:49 PM

The hard question of law here is, "Does an Association have the right to foreclosure action on the non-paying HOA owners?" I have heard in the past that as long as the owners pay their Mexico Home Taxes the HOA Fees sought by an Association is out of luck, so again is FORECLOSURE a reality or not in these situations? Take Care & Travel Safe---" No Hurry, No Worry, Just FUN" bajafun777

Dave - 8-17-2011 at 03:00 PM

Quote:

Originally posted by Bajafun777
The hard question of law here is, "Does an Association have the right to foreclosure action on the non-paying HOA owners?"

If the HOA is a legal entity it does.

Most of them ain't.

krafty - 8-17-2011 at 03:11 PM

Many of the deadbeats in our community rent their places out. We have decided the renters will not be allowed in if the HOA's are in arrears.

Bajafun777 - 8-17-2011 at 04:53 PM

I understand the stress and anger of I pay my share to keep the community nice but others that utilize the community upkeep without paying their fair share lessens the community. I also understand wanting to do as Krafty says and just freeze them out even stopping their renters but is the Association Board within legal rights to do so in Mexic? Are the Association Board Members putting themselves into getting sued or arrested for interferring with a homowners rights?
I am asking as I have been thinking about buying in a gated community, however these are questions that keep popping up. Thus, I just lease to avoid all of the stressers that owners and Association Board Members must go through dealing with these issues. Take Care & Travel Safe--- "No Hurry, No Worry, Just FUN" bajafun777

bajamigo - 8-17-2011 at 05:28 PM

Geez, at $50 to $75 per month, those two deadbeats at the end of the article have been stiffing the HOA going on ten years now. Maybe somebody should have acted sooner.

tripledigitken - 8-17-2011 at 05:33 PM

Long term the squatters may be the bigger problem!!!

Bajahowodd - 8-17-2011 at 06:38 PM

Assuming that the contracts signed were not one in US courts, it will be very problematic for the association to recoup.

It it somewhat sad that an enclave such as this should fall prey to deadbeats. Probably people who scoff that it's only Mexico. So, WTF?

I really hope that the real residents of this community are able to obtain some redress.

DENNIS - 8-17-2011 at 06:47 PM

We have only heard one side [or less] of the story.
I'll be willing to bet the HOA fee wasn't in their original contract. The tenents cited seem that they would have a reasonable response to a reasonable, accepted fee.

wilderone - 8-17-2011 at 07:05 PM

Yes, two sides - this was one of the comments to the story:

"A very one sided, poorly researched article. Had Ms. Dibble done her research she would have found that SAHOPE (the Baja California Norte office of Secretary of Human Services and Public Works) suspended collection of fees by the Baja Malibu association in 1993. (document no.7647, file number 29.5/842/9). A copy of the document can be obtained at SAHOPE's Mexicali office. Dibble's one source for this article appears to be Mr. Gunderson, who obviously has a dog in the fight.
Might I suggest that a properly researched article would have answered the following questions:
1. Is Baja Malibu a private community?
2. Are there any common areas at Baja Malibu? If so, who owns these common areas? Has Ms. Dibble bothered to look at the public record for any deed?
3. Did the association ever obtain from SAHOPE a rescission of the order suspending collection of fees by the association?
4. If not, is the association operating in violation of Mexican law by trying to collect money from individual homeowners?
5. Does the association have the right to block access to the beach and to prevent nonmember owners and Mexican citizens from entering the public streets?
6. Why did the Mexican court previously order the gate removed?
7. What does the Jefa de Control Urbano in Playas de Tijuana say about whether Baja Malibu is a "private"community? (hint - it begins with "n")
8. When was the current "association" formed?
9. Why was a renter (Dan Bruneau) secretary of the alleged "homeowners association"? Why did he resign?
10. Who elected these people? Was there a legitimate election?
11. What is the purpose of Mr. Gunderson in arguing this matter in the press, rather than just resolving the issues in court, like civilized people would do?
12. Is the "association" legally entitled to demand payment and collect fees using the US mail? What sorts of representations have they made using the US mail
to get people to pay?
13. Where does the association keep the funds they collect? US bank or Mexican bank? In whose name do they hold the funds? Do they have a legitimate tax ID number with the Hacienda or the IRS? Are they current on all required tax filings?"

Bajafun777 - 8-18-2011 at 06:52 AM

Wilderone, those questions and more are reasons I will probably just keep leasing, as I am retired looking for peace of mind not more of life's struggles!! Take Care & Travel Safe---" No Hurry, No Worry, Just FUN" bajafun777

Woooosh - 8-21-2011 at 10:33 AM

Quote:

Originally posted by tripledigitken
Long term the squatters may be the bigger problem!!!

Two Dead Bodies Found in Baja Malibu...they have away of taking care of squatters and people that don't pay the HOA! Or they didn't have money to pay the security guy at the gate?

http://www.rosaritoenlanoticia.info/2011/08/encuentran-dos-e...

Tijuana .- Two people dead, wrapped in blankets, were located close to 18:00 hours Saturday in Baja Malibu Colony, the municipality of Tijuana.
The information was confirmed by the Attorney General in the State (PGJE).
The first signs warn that were found on a country road in an uninhabited area between Tijuana and Rosarito limits.

Both bodies were face down, one of them wore a pink shirt, head entiempada, gray himself in the neck had a tourniquet with a stick and a colored ribbon and wrapped with a green blanket with red plaid black and blue, naked and wearing green pants canlzoncillos black, the second could be seen only blue shorts and white socks, similarly wrapped in a blanket black striped with red and blue, the two showed signs of strangulation, with grooves neck. Apparently they had 20 to 25 years old, one of them between 30 to 33.

[Edited on 8-21-2011 by Woooosh]

IMG_0073.JPG - 28kB

Dave - 8-21-2011 at 10:56 AM

What I find interesting is the level of brutality in these killings. It's not enough to just kill people but to do it sadistically. There's obviously a lesson being taught however it doesn't seem like it's working as people are still being killed.

DENNIS - 8-21-2011 at 11:10 AM

Quote:

Originally posted by Dave
What I find interesting is the level of brutality in these killings. It's not enough to just kill people but to do it sadistically. There's obviously a lesson being taught however it doesn't seem like it's working as people are still being killed.

I think dying is supposed to be painless, but killing is supposed to hurt.
That's what it says in the book, anyway.

http://www.youtube.com/watch?v=7YAEWrnOtrY

.

tjBill - 8-21-2011 at 01:06 PM

A friend who lives in the neighboring community of San Antonio Del Mar says the homeowners fees are optional. They are used mainly to pay for the security guards. My friend pays his fees.

[Edited on 8-21-2011 by tjBill]

Woooosh - 8-21-2011 at 01:44 PM

Quote:

what lesson is that- pay your extortion or kidnappers? It is not just drug people they do this to- it is everyone.

J.P. - 8-21-2011 at 02:16 PM

Quote:

Originally posted by krafty
Many of the deadbeats in our community rent their places out. We have decided the renters will not be allowed in if the HOA's are in arrears.

Thats where I run afoul with H.O.A. when they start telling me what to do with my property. Of course I would never get in that trap.

Woooosh - 8-22-2011 at 08:06 AM

Quote:

Originally posted by J.P.

Quote:

Originally posted by krafty
Many of the deadbeats in our community rent their places out. We have decided the renters will not be allowed in if the HOA's are in arrears.

That's where I run afoul with H.O.A. when they start telling me what to do with my property. Of course I would never get in that trap.

Rogue HOA's in the expat communities of Mexico were a HUGE factor for us buying a lot and building a house Independent of one. At the time we were buying/building, there were some expat communities with TWO HOA's dueling for position. How screwed up is that? No thanks.

DENNIS - 8-22-2011 at 08:09 AM

Quote:

Originally posted by Woooosh
Rogue HOA's in the expat communities of Mexico were a HUGE factor for us buying a lot and building a house Independent of one. At the time we were buying/building, there were some expat communities with TWO HOA's dueling for position. How screwed up is that? No thanks.

Seems as though some people just have to have their fifteen minutes of power.

Woooosh - 8-22-2011 at 08:15 AM

Quote:

Originally posted by DENNIS

Quote:

Seems as though some people just have to have their fifteen minutes of power.

... that no one would give them in the USA. If it were only 15 minutes, it would pass. But these people are like trying to pass a kidney stone.

krafty - 8-22-2011 at 09:50 AM

Sorry, but if you live in a nice community and want to keep it that way, everyone needs to do their fair share and pitch in-they are called deadbeats for a reason.

Baja Malibu

R2LUJAN - 8-22-2011 at 10:14 AM

I grew up and lived in that area for many years...

Hope does problems are resolved soon,

buena suerte...

Bobby.

J.P. - 8-22-2011 at 08:29 PM

Quote:

Originally posted by DENNIS

Quote:

Seems as though some people just have to have their fifteen minutes of power.

Out where I live that fish has been floated but thankfuly most see it for what it is. you gottta give emmm credit they keep trying.

BajaGringo - 8-22-2011 at 08:45 PM

That was one of the reasons we chose to avoid the whole HOA thing down here as well. And don't just think that the problems are limited to this side of the border. A good friend is battling a huge financial headache with a bankrupt HOA at one of his rentals in Orange County...

krafty - 8-22-2011 at 09:10 PM

JP-what do you mean by see it for what it is? :?:

J.P. - 8-23-2011 at 09:29 AM

Quote:

Originally posted by krafty
JP-what do you mean by see it for what it is? :?:

I mean a SELECT FEW wanting to controll the actions of everyone.

Baja Malibu

Bajalaw - 9-27-2015 at 11:44 AM

I am somewhat familiar with Baja Malibu as each year SAHOPE receives numerous complaints by homeowners concerning HOA abuse. Some of the concerns brought up:

-Treasure safekeeping HOA funds in a foreign bank account in the United States under his personal name. (Big problems can arise out of this).

-The HOA only accepts US Dollars as payment for dues and rejects the country's legal currency of Mexican Pesos.

-HOA targeting and harassing home owners that have failed to pay there HOA dues. There was a discussion rather or not the HOA board can be held liable for promoting violence by providing a list during board meetings to each resident and encouraged to force there neighbors to pay there dues.

-HOA elections are non-compliant and rigged and other homeowners don't get a chance to run or even address concerns at board meetings because board directors will not discuss or resolve owners problems.

-Maintenance and security workers do not maintain or secure the community well and wages of full-time labor are not proportionate with median salaries for such duties for Tijuana. The HOA is excessively paying the employees in US dollars rather than pesos.

I wish Baja Malibu the best in gaining control over their own created problems but this is not likely to happen without effort.

The community $75 monthly dues are an excessive amount to pay each month with no amenities and having no common areas according to planning records.

Free legal advice for this association to get a grip would include lowering dues to $30-$40 a month. It is proven that owners may not see the value in there HOA dues and therefore chooses not to pay.

Truth may be hard to swallow but no community should go to war on homeowners with legal battles and try to compromise a solution.

My colleagues may beg to differ when I advise to resolve issues without legal assistance because lets be honest in my profession war between neighbors is good for business.

Best of luck

rts551 - 9-27-2015 at 12:49 PM

http://www.mlsbaja.com/ListingsBajaMalibu.html

BajaBlanca - 9-28-2015 at 05:37 AM

welcome bajalaw, you brought up some relevant questions.

This is an old thread, whatever happened in the end?

Ralph - one of the estates is listed for over 3,000,000! those be some fancy homes.