Shoot out at El Lucerito Restaurant leaves one dead and four injured

Shoot out at El Lucerito Restaurant leaves one dead and four injured

Last month a friend of ours was gunned down in Guaymas while leaving a church in broad daylight. This week a friend of ours witnesses a scene right out of Hollywood movie play out in front of their eyes

A very close personal friend of mine was preparing to enjoy a torta from one of the oldest restaurants in Guaymas on Wednesday night at around 8:30 in the evening. Before Lucerito Balacerathe tortas had even arrived at the table of the iconic El Lucerito restaurant, dinner was abruptly interrupted when three guys carrying assault riffles calmly walked through the front door. My friend thought at first that the riffles were just toy guns. She was soon to realize that she was sadly mistaken when the gunmen opened fire on 4 people sitting at a table about 20 feet away from them. It has been reported that at least 49 bullet casings were collected off the floor. At least one innocent bystander was shot in the legs and apparently had a bullet graze her face.

As usual if you read several articles in the Mexican media you will have several different accounts. One account says that the gun men fired from their Stretcher Luceritovehicle into the restaurant.  Fortunately for us here at San Carlos TV a friend of ours watched the events unfold thus we can give a more accurate report of the events.

Now here is the really disturbing part that has not been reported in any of the media accounts I have seen online so far. After the gunmen opened fire they calmly got in their truck and then drove around the block, parked in the same spot were they were just moments earlier. Got out of the truck walked into the restaurant double checked the scene and then left once again. What those actions suggest is that the gunmen were in no real hurry, as if they knew that they had a certain amount of time before the police would show up. It’s makes one wonder if these shooting are prearranged with local police ahead of time.

Charges against Maria Carmen Ordaz Aguiar; Falsification of Documents

Many American realtors in San Carlos believe that the information that is contained in this blog and our in print San Carlos Wireless news paper is bad for San Carlos and bad for business. I am reminded of a time two winter seasons ago when we started the San Carlos Wireless and Ines was out selling advertising, the Wireless is free of charge and you will note that San Carlos TV is completely free of advertising and not monetized. Ines walked into Karen Stewards real estate company Sea Side Realty and asked Karen if she would like to advertise. Boy were we in for an earful. Karen told Ines that not only was she not interested in advertising but yet the information that we reported on was quote “bad for San Carlos”. We didn’t mind Karen not advertising with us but what kind of bugged me was her attitude that some how discussing and exposing real estate fraud was actually worse than the fraud itself. I thought what was bad for San Carlos were the actual acts of fraud that have been perpetuated against investors in this town, not the actual act of talking about it and exposing it for what it was and who was responsible. I still believe that to this day. Covering things up only empowers more corruption and fraud. Years ago one could try to talk about fraud on either of the two forums in San Carlos but often the forum moderators would close the thread or delete it all together. One of the forums apparently has become more tolerant on this subject than the other.

For decades the family name Ordaz has often become synonymous with words such as fraud, false charges, harassment, lying, cheating and stealing. More details are going to start to come out on this subject in the coming months. There are many many cases out there were Snowbird or Star Realty simply did not delivery what they were paid to deliver. I have been recently approached by two people who still do not have their trust for properties they purchased years ago. They are starting to sweat and now are scrambling to look for someone else to help them with their paper work. If this is your case please contact us and we may be able to refer you to someone who can help you clear up your paper work for you.

I also would like to say that residents of San Carlos and especially the real estate agents and land developers in the area (the honest ones that is) owe a special thanks to those who actually stood up to the Ordaz’s and refused to be taken by their fraudulent actions.  Arguably the beginning of the end of the Ordaz real estate empire actually can be traced to several cases were individuals refused to be taken and spent endless amounts of time and money to fight not only corrupt individuals but a corrupt judicial system were the deep pocket is usually the one that wins. Of course sometimes justice is served no matter how deep ones pockets really are.

Carmen Ordaz has been indicted by an attorney general for the state of Sonora on the charge of falsification of legal documents. She was arrested the 30th of September and made bail the 15th of October.

Her bail supposedly was set at 5 million pesos but I have been unable to confirm that number but what ever the number was apparently it took a full two weeks to come up with bail. Catalina Ordaz was also arrested on the same day as Carmen (in relation to Costa Bella) but was not held in custody because she had obtained an amparo (injunction) previously. This amparo will only keep her from being arrested for around 60 days. When the amparo expires she may well then be indicted.

Bail was difficult for Ordaz to come up with for several reasons. One due to the new anti racketeering laws in Mexico; you have to show were the money is coming from. You simply can not show up with a suitcase full of unmarked 500 peso notes. You can be assured that Hacienda, Mexico’s IRS, was standing right at the jail house door asking were the money came from. The bail would have to be accounted for. Ordaz could put up properties that she owns as collateral for bail but there appears to be a small problem with that logistically. Sources have confirmed with us that since Ordaz knew she might be indicted she had a third party put liens on the most valuable of her properties so that they could not be taken from her easily. Now these very same properties could not be used as collateral for bail. She could have gone to a bail bondsman in Guaymas and borrowed the money but again with out being able to put up any lien free properties as collateral no bail bonds man in his right mind would touch her. She is a huge flight risk with good reason since her brother Javier has been in hiding for several years now trying to avoid exactly what is happening to his sisters. An ironic catch 22 if there ever was one. So Ordaz spent a full two weeks behind bars.

More information will come out in the coming weeks. In the end no matter what happens it is best for San Carlos that these cases get aired out in public once and for all. This case and others about to be reported on should serve as a warning. If you lie, cheat and steal here in San Carlos don’t expect to be able to easily get away with it anymore. If you do not get tried in a court of law promptly you will be tried in the court of public opinion. The internet has changed the game now on all of that. Do your due diligence before you invest in property or take on Mexican partners in a land development project. If the developer of Costa Bella would have done this, the project would be finished by now and all the lawyers involved in this case far poorer.

Below are some of the highlights from the posted documents which essentially say that there is ample evidence to back up the accusations against Ordaz and that it is now her turn to provide evidence to the court that will prove that she is not guilty of the charges against her.

El C. Agente Investigadora del Ministerio Publico del ?Guero Comun del Sector dos de esta cuidad consigno la Averiguacion Preva numbero A.P. 207/14, insturida en contra de Maria del Carmen Ordaz Aguiar por su probable responsibilidad en ls comision de delitos de Falsificacion de Documentos.

The Researcher Agent C. For the District Attorney of Sector two of this city assigns the investigation number AP 207/14, evidenced against Maria del Carmen Ordaz Aguiar for her alleged responsibility in the commission of crimes of Forgery of Documents.

Se ordena solicitar las antecedentes penales de la hoy procesada Maria del Carmen Ordaz Aguiar por los delitos de Falsification de documentos

It is ordered today to apply for the criminal record of Maria del Carmen Ordaz Aquiar to be processed on charges of Falsification of documents.

So for all those who have been swindled by an Ordaz and those who have stood up, for all you do, the following documents below are for you.

42 Responses to Charges against Maria Carmen Ordaz Aguiar; Falsification of Documents

  1. Feel free to leave a comment, I recently spoke with a woman who purchased a property from Carmen Ordaz 17 years ago and never received her title. She continues to live in the house but has no trust for the property. I will be interviewing her and anyone else who would like to discuss with us the dealing of Snow Bird or Star Realty.

  2. I hope these charges will stick. But, this “Crime Cartel” may be able to once again slip out of the charges. Just like the “Teflon Don”, this could be the Teflon Dona. I will keep my hopes High, but I am going to Wait and See.

  3. We are a retired couple that were con’ed by Carmen and John at Star Reality. I will not go into my situation. Expect to say Thank You for getting out the Truth about these dishonest people.

  4. I just spoke to another person who purchased a property from an Ordaz and never got the paper work done and are terrified they will be thrown out of their house some day. The number of reports are piling up and it really is starting to amaze me at the shear number of people coming forward. I have also spoken to people who did get their paper work done properly from an Ordaz related deal. Clearly not everyone who had dealings with them were taken but clearly many were.

  5. Hey Vinny, as usual it always comes down to “shoot the messenger” when talking about bad news…. Great job you do, and as far as I’m concerned you are the ONLY person in San Carlos that will tackle the bad situations and report on them…. KEEP UP THE GOOD WORK!!!!

  6. Any chance you could do an investigation on Golf Towers? We lost our investment and have been fighting this with a SC lawyer through the justice system for 5+ years with no resolution. We have given up hope that this will be resolved, which has left a bitter taste. This has left us feeling very frustrated with both the owners of the property and the ‘justice’ system.

  7. Yes I am interested in the gulf towers, the problem here is that there are so many bad deals and so little time in which to talk about them. Please email me or call me and we can chat on that subject. Thanks!

  8. Re; a woman who purchased a property from Carmen Ordaz 17 years ago and never received her title. She continues to live in the house but has no trust for the property

    My question is…. Has the woman been charged for and paid the yearly property taxes all that time?

  9. Hey Vinny, just a couple of after thoughts, I think it’s very good that you expose these types of dirty dealing/fraud that goes on in San Carlos. When there is some transparency and disclosure, that is the only avenue to expose and not let these types of people thrive. There are people in San Carlos that represent themselves as “real estate” professional agents, which are anything but, there are attorneys in San Carlos which also represent themselves as such, who are not. There are bandito’s who disguise themselves in police uniforms. It’s the wild west without much oversight or checks & balances. Corruption and extortion is the name of the game. Unsuspecting folks with good faith will be eaten whole. Keep holding feet to the fire……

  10. I appreciate the reporting of the news here in San Carlos. I agree that fraude should be exposed and reported. The recent reports concerning events and persons here in San Carlos will be good for San Carlos in the long run.

    My problem with your reporting is that you paint the picture with a very large brush. I have heard very little from your publication about the efforts of the local section of AMPI toward creating an environment where real estate transactions can be done with a high degree of transparency and ethics and lower risk. Due diligence is the responsibility of each and every participant in a real estate transaction. Our member offices and member agents are all licensed real estate agents by the State of Sonora. In order to be licensed each agent attends about 120 hours of courses in order to qualify for the license. All must be approved by the local police as persons without record for violating the law. Also, each member must be a member of the AMPI. AMPI is an organization like NAR in the United States. In fact many members of our the AMPI Section Guaymas-San Carlos are also members of the National Association of Realtors in the United States. You might say, “So What!”. Well the fact is that members of our organization are highly motivated to do Real Estate Transactions professionally and ethically while completing real estate transactions that are legal and complete for the public(Both Mexican and Foreigners}.

    Along those lines why don’t you publish some useful information about how a person here in Sonora can assure themselves that they have professional, ethical, and competent representation while engaged in the purchase or sale or real estate. I believe that prevention is well worth the effort. People who come to mexico should not believe the first person that they encounter. Due diligence is the responsibility of each and every one who comes to Mexico. Things are very different here, however, you can still conduct business here if you just take the time to take care of the due diligence.

    Members of the AMPI Section Guaymas San Carlos will assist any buyer or seller with the necessary due diligence that is needed to conduct a clean transaction. Have we encountered problems? Yes we have and from those problems we have learned a great deal about Sonora Real Estate, Notarios, Sonoran Law, Mexican Law, and may other facets of the business of Real Estate here in Sonora. If Buyers/Sellers/Investors do not avail themselves of competent, honest, ethical representation then the problem created belongs only to the persons who fail to due the appropriate due diligence. ITS EASY! FIND A BROKERAGE THAT DISPLAYS THE BLUE LOGO OF “SCMAR” IN THEIR OFFICE WINDOW and/or THEIR CAR BUMPER. SIMPLY ASK FOR REFERENCES, CREDENTIALS, LICENSE NUMBERS. I would be more than happy to point anyone in the right direction if they can simply ask the question. You will be way ahead in the race to complete your due diligence.

    Keep up the good reporting work!

    However, I would like to challenge you to do some reporting that will result in better Real Estate Transactions. There are some very good Real Estate Agents in San Carlos. Give the positive side of Real Estate here in San Carlos a bit of press! Help point people in the right direction to begin with and perhaps the “bad” guys will have less and less income with which to sustain their questionable practices.

    Michael J Beddoes
    President AMPI Section Guaymas-San Carlos

  11. Actually I think that is your job Michael, and you just did it here! Good job. The reason that I have reported the bad cases is because in the past these cases were not reported. Thus the bad deals of certain realtors has continued for decades.

    My blog is open to anyone who would like to post so I would be happy to invite yourself or any of your real estate agents to send me a post on any or all of these subjects regarding real estate and I will be happy to publish it on the blog.

    You should understand as I have stated before, this blog is not monetized. I actually have a day job so I do this in my spare time which is limited.

    So the invitation is open to you guys, any time at all if you would like to post something on the positive note I am all for it!!

  12. great job vince
    i did not realize how ugly she really is till you posted here picture. what a old dog !!!
    maybe one day will see a good old hanging here.

  13. What does the SCMAR logo have to do with AMPI membership in Sonora or NAR in the US? My question is not a challenge.. just an honest question.. I don’t know what SCMAR stands for? Does it stand for San Carlos Marketing Company?

  14. You know I really don’t know the answer to that. Hopefully Michael will follow this thread and answer that question. I will send him an email just in case and ask him to follow up.

  15. Do we have a troll here? The comment sounds like it may have come from an asswipe. Pointy chin?

    C’mon back and let us see who you are dude.

  16. I just deleted another useless comment from Gadfly and then some other wack job making a comment about my wife.

    As I have told GG before he can insult me all he likes over at his sand box but not over here on my blog.

  17. It is pointy, yes. Look at her next time you see her drive around town.

    You can see me climbing El Creston for the best wifi reception in S.C. when I haggle for used tires in Guaymas.

  18. I decided that this comment about my wife should be restored. The person who made this comment has an email address of af.media.solutions@gmail.com

    and after emailing him to see if he would like to meet me in person to discuss my lovely wife’s chin according to gmail the owner of the accounts name is Ernesto Martinez-Ordaz.

    I removed a second comment from this person regarding my wife in which he insinuates that he stalks her. I have no idea at the moment if this person is really related to an Ordaz who has recently been indicted but it is an interesting coincidence.

  19. Here is Ernesto’s profile on linkekin, http://www.linkedin.com/pub/ernesto-martinez-ordaz/9/3b6/4a9

    at the bottom of the resume it states he was the marketing director for a company called AF media

    Marketing Manager
    AF Media
    Self-Employed; Myself Only; Internet industry
    January 1998 – November 2004 (6 years 11 months)

    Designed and sold Search Engine Optimization packages, providing enhanced visibility for customers. Uses Google Analytics, Google AdWords, Omniture as popular metrics tools to improve on customer’s search engine rankings.
    Managed website content for a list of clients.
    Increasing sales, enhancing the company’s profile through presentations and marketing tools.
    Managed projects from initial conception to final completion, including electronic branding, copywriting, market research, direct online marketing and promotions.

  20. Figures Jose Martinez’ clan would get involved in harassment. Been too quiet from their camp. Ernesto’s mother Mercedes Ordaz used to pound on my door and yell at me to leave her poor sister alone. It appears some of that clan live in Illinois now.

  21. Hello Guys!

    As a Mexican is sad for me to see that great people came to San Carlos and they have to face with this.

    I would like to give you a simple advice.
    The easy, safe and the only legal way to buy a property as a foreign in Mexico is with a trust and that can given ONLY BY BANK.

    There is no way that A foreign in Mexico can buy a property outside of a Bank.

    Make sure your real state agency provides you that and you will be safe.

    Best Reagards.

  22. Hello Guys!

    As a Mexican is sad for me to see that great people came to San Carlos and they have to face with this.

    I would like to give you a simple advice.
    The easy, safe and the only legal way to buy a property as a foreign in Mexico is with a trust and that can given ONLY BY BANK.

    There is no way that A foreign in Mexico can buy a property outside of a Bank.

    Make sure your real state agency provides you that and you will be safe.

    Best Reagards.

  23. Thank you Carlos for reminding people that trusts must by law come from a banking institution. Years ago Sanowbird Realty convinced many people to enter into a private trust called San Carlos Trust. Later they found out the papers they signed gave all the rights to Catalina Ordaz and her partners Jimenez Fox and Wenceslao Coto. Basically, when the owner of the property died their family had no rights and the property went to her.

  24. Yes Susan is right on several counts.

    First the dude who made comments on Ines is listed as living in Chicago on Linkedin.

    Second, I spoke with two men today and one of them indeed was offered the bogus private San Carlos Trust business that Catalina set up. The gentleman I spoke with after many months went down to the Notario himself to find out where his paper work was. He was then informed that he had no paper work on his trust what so ever. He promptly shit canned Catalina and of course eventually got his trust completed.

  25. I decided to let both the Assurance Fuel Max comments stay, I guess these comments are meant to intimidate me?

    Here is a screen shot of our brief email exchange

    A F media intimidation

  26. The dude who I had the brief email exchange with about my wife has scurried to some where dark not unlike a cockroach. I suspect he will resurface some time at a later date though.

  27. This reply is directed to Peter about his question on the meaning of “SCMAR”.

    When you see “SCMAR” it will be on a bumper sticker or in the window of a real estate office here in San Carlos. It is a logo for the organization, AMPI Section Guaymas San Carlos. The members of AMPI Section Guaymas San Carlos are members of AMPI. AMPI is an acronym for “Asociacion Mexicana Profesionales Inmobiliarios. This organization was formed in 1956 and is the professional organization that provides education, training, and a code of ethics which governs how we operate as Real Estate Agents. Every member of the local section of AMPI is a member of AMPI national and the local Section of AMPI. Some people call the local section SCMAR, however, SCMAR does not convey who we are as it refers to REALTOR. An agent can be a member of AMPI without being a member of NAR. However, many member of AMPI both local and national are members of NAR International.

    Both organizations are governed by a code of ethics. That is one code of ethics for NAR and one code for AMPI. Both codes are similiar and provide professional guidance for members in three areas: 1) Client relationships, 2) Relationships with other agents, and 3) relationship with the Organization and profession. There are provisions for penalties against agents who violate any of the provisions of the code of ethics. We take the code of ethics very seriously and there is an official position designated in each local section. This position is the Commission on Honors and Justice. Anyone may make a complaint to the commission, however, the commission does not have jurisdiction outside of our organization. So if you are eager to make a complaint against someone who is not a member you may as well save your time. We cannot sanction non-members.

    Many members of the local AMPI section are or have been real estate agents in the United States or Canada. It is possible then that USA Real Estate agents may have the right to be referred to as REALTORS. I generally do not refer to any member as a REALTOR as it is a registered trademark of the National Association of Realtors. You must be a member of NAR to use that designation. Therefore I leave that to the individual agents to display the R signifying “REALTOR”. I do not consider it mandatory to be a “REALTOR” since the AMPI Code of Ethics is our governing document. Other benefits may be claimed by a member of NAR such as access to the NAR website for property listings. That in itself is sufficient to entice me to be a member of NAR International. AMPI has on various occasions offered membership in NAR as a benefit of membership in AMPI.

    The bottom line to all of this is that our organization is an organization that promotes transparency, ethics, professionalism, and complete loyalty to clients whether the client is a seller or a buyer. Even if the “client” is not yet a client they are afforded the same courtesies and loyalties as actual active clients. We subscribe to full transparency, however, there exists information that is not in the public domain and as such is kept confidential by any member agent. It is in fact required by the AMPI code of ethics and the NAR Code of Ethics. For those of you who wish to sell property on our MLS thru by a member agent you must sign a written contract specifying the terms of the list and or the purchase. Written contracts provide a measure of protection to the customer/client.

    Remember that it is you the customer who is ultimately responsible for the due diligence necessary to protect your interests. If you want help I can refer you to any member of AMPI Section Guaymas San Carlos. Each member will assist you with the due diligence necessary to protect your investment. Do not get into a real estate deal without investigating the deal and its participants. Find competent help! If you need help with that call me. I am next to Jax Snax in San Carlos.

  28. Correction to previous post:

    Foreigners can purchase property in Mexico Fee Simple. It is NOT NECESSARY to have a fideicomiso to purchase property outside of the Restricted Zone. The Restricted Zone as defined in Article 27 of the Constitution is all land located within 100 Kilometers(62 miles) of any mexican national border and within 50 Kilometers(32 miles) of any ocean. In 1972 a Fideicomiso was defined in order to get around the problem of foreign ownership in the Restricted Zone. For those of you living in the restricted zone and on “beach front” property you probably need to have a Federal Zone Permit. Without that you may lose your property.

    Also, foreigners may form a mexican corporation and purchase property in the name of the corporation. This is obviously a mechanism for comercial activities.

    The law of mexico are very different from the laws in the United States and Canada. The USA tradition of law is based upon the common law legal tradition of England. Mexico’s law is based upon Roman, Greek and French systems of law. Mexican law is more like the law of Europe than the laws of the United States. Take heed if you think you know something of USA laws. Generally it does not apply here. While I do enjoy history and the law I am by no means a schooled lawyer. Call it a hobby. I have a great deal of respect for the USA system of law as well as the Mexican system of Law. Both are incredibly interesting and incredibly different.

    Please realize that I am NOT a lawyer. I am not giving anyone here legal advice. If you want or need legal advice find a lawyer and get the correct guidance from them.

  29. To Admin:

    No those organizations were never member of the local section. The local section was formed about 6 or 7 years ago. I have had conversations with members of those organizations and I do remember that at one time at least one of them was a “charter member” of AMPI, however, I cannot tell you when. We have had 3 administrations for our organization and during that time I believe that no one from those orgs were members. I was elected 4 years ago to a two year term and re-elected 2 year ago. I will finish my term in January when we will have another President to take us forward.

  30. Thanks for that Michael. I have had several people coming forward lately who have had this specific issue with their trust. They purchased a home from one of the three agencies I listed and now 8 to 17 (yes that is seventeen) years later still have no trust papers on their house. What would you recommend to someone in this situation. I have been asked to give advice and I have a few ideas on what path might be taken by these indiviudals but perhaps you could give some advise on this?

    Thanks!!

  31. My opinion is that anyone who has waited a long time for a trust should immediately findd a good lawyer and clarify your situation. The longer you wait the more complicated your situation may become. The death of anyone associated may drastically change the situation. If you think that you own your home and you do not have a trust/fideicomiso in your name which is written by a notario then you may be at risk. It is the notario who records your property in your name at the public registry. My opinion is that if you have used “presta nombre” or have a private contract you should get a lawyer and come to an understanding as to your ownership status. As a real estate agent I am prohibited by our local association and AMPI from listing a property which is in the name of a third party. The name which is recorded on the property is the only person that I can represent in the sale of a property. The Agents of the local association cannot list a property for someone other than the owner. I think that this should be obvious. Once again get a good lawyer and clarify your situation. Any member of AMPI Section Guaymas San Carlos can help you get started and help you locate someone to assist you.

  32. Hola Amigo Vince, Thank You for sharing the story of real estate fraud in San Carlos. It is very interesting that the first person I was referred to when I mentioned that I was looking for property to build a home or to purchase a condo was Catalina who I assume is Carmen’s sister. This was on my 2nd trip to San Carlos in 2007, the first being on a spring break trip in March of 1986; but, that is another story “My Bad Tequila.” 😉 Well, when I met Catalina, I did not feel comfortable with her and did not return to meet her again the next day, instead I went to ReMax location near in a small mall area where there was also a Pemex gas station. After walking out of the Remax realty office I noticed some flyers on a nearby window about some new condos being constucted. Thank goodness I saw that flyer and walked in, there to greet me was Susan Sarnoski and I was introduced to the condo resort Bahia Delfin which had been started. The reason I mention this is because if I had put my retirement savings into a project that did not get completed such as the Gulf Towers or others I would want to end that person or person’s life for taking my hard earned dinero and life savings away from me due to FRAUD! I am very thankful that “I got Lucky” in Mexico and San Carlos by meeting legitimate and honest builders such as Ken & Susan Sarnoski, Steve & Charlotte Habkirk as we look forward to the day that we can stay in San Carlos for a couple months at a time, not just enjoying a short vacation on the Sea of Cortez overlooking Tetakawi Mountain.

  33. thanks for that info Rico, it is always good to get lucky and sometimes you make your own luck! Your case is interesting and well worth note. You shopped around and that was really key. Many people meet a realtor like Carmen or Catalina and since they speak pretty good English decide to go with them without shopping around. So important to do your due diligence, especially with your life saving’s!! Thanks again for sharing the info!

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The CEA Meeting @ Charly’s Rock; What a Joke That Was!

The CEA Meeting @ Charly’s Rock; What a Joke That Was!

 The Show Down at Charly’s Rock

Any one who attended the CEA meeting at Charly’s Rock on the 25th of April should understand that they witnessed perhaps the greatest performance of Kabuki theater ever perpetuated in San Carlos. This meeting in some ways surpassed the meeting about 5 years ago when then mayor of Guaymas Otto Claussen came to San Carlos to talk to local residents. In that meeting we were told that we were getting new side walks, another scam, and that the electrical lines were going to go underground. More bull shit of course. There was so much verbal raw sewage spilled at this meeting that no amount of pumping could get rid of. And certainly not a pump installed by CEA!

This meeting was big on questions and complaints and short on solutions and answers. Here is what residents, Americans and the few Mexicans who found out about this meeting at the last minute alike can expect from this little get together. NOT MUCH!!

Efraim Soto is the CEA representative for San Carlos and also coincidentally is an ex comisario for San Carlos. Does anyone remember the arson/rottweilers fiasco in the ranchitos when Efraim was comisario? After his stint as comisario he got a cushy job working for CEA and has been there for several years now. I have met Efriam on many occasions and I can tell you that Efraim speaks better fucking English than I do, and certainly cleaner. His refusal to speak English at this meeting was a tactical decision on his part to make the meeting more complicated and far less transparent. His refusal to speak English is the most cowardly thing I have seen by a government official with my own two eyes in a long long time. I have been here 27 years.

What people should understand is that CEA knows exactly what is going on here. They know all the spots were raw sewage is spilling out all over San Carlos into the desert and the Ocean. They know that they loose over 50% of the water they pump through the pipes because of leaks. They are not completely incompetent. They are corrupt though and have been purposely robbing Gringos blind for years with complete and utter impunity.

 

I will remind everyone that it was about 3 years ago that CEA started sending people insanely large water bills and telling local residents that they either have a leak or their water meter was bad. Many of the gringo residents got these bills while they were out of town. Imagine that. You come back after leaving for summer and you find that your 350 pesos a month water bill is now 1500 a month, or more!! Hundreds if not thousands of water meters were replaced, most of them in perfect working order. All at the consumers expense by the way.

That was a scam, plain and simple. People didn’t have leaks and there was nothing wrong with their water meters. Remember mostly what CEA pumps is fucking air. Air makes the meter spin, even if you have one of those air vents, which many don’t have.

Now two years later all those water meters are now being replaced yet again. And everyone knows how shitty the work was on the replacement meters. A very large percentage of the new 2017 meters have experienced leaks because the private company hired to change them are incompetent. Thousands of liters of water have been leaked into the desert here because this private company is doing a shitty job. I have been informed that the company, remember private company, that installs the new mandated meters receives 25 pesos per water meter which if true means they want to replace them as fast as possible and as cheaply as possible. I asked at this meeting if that was true. I got no response from the water company representatives. Just imagine the kickbacks to the government from the private company who has the contract to install these meters. As a matter of fact there were almost no straight answers from any of the questions posed to them from local residents. By the way the reason that was given for changing the meters is that all meters are supposed to be of the same design and that everyone is now supposed to have a water meter. Of course if these guys had any brains they would leave existing new meters in place and start installing meters on properties that have none. There were many logical questions asked during this meeting. There were no logical answers given back.

Gringos you all need to understand this. Your new comisario just tried to take you for the ride of your life, and he was applauded for it!!

Get this, at the beginning of the meeting Rueben Pinto our illustrious and illegitimate comisario had this great solution to the water/sewage problem here. We the local residents should form a committee that would put together funding to pay for upgrades in the water/sewage infrastructure. Then, with the help of our fantastic comisarios wonderful Trump like deal making and negotiating abilities, we would be able to get the Maldita CEA, our wonderful water company, to reimburse us for what we spent. Wholly fuck what a line of bullshit!! That idea went over about as well as Donald Trump showing up uninvited at Pena Nieto’s daughters quinceañera. Most people saw through that line of bull shit almost immediately.

Rueben Pinto wanted to have Americans fix the water system and then hopefully be reimbursed by the water company

A rather astute women in the audience shouted out, in a far more civil tone than what was running through my mind, what do we pay taxes for? Exactly, what do we pay our water bill for? So not only are we supposed to pay more for our water bill we have to anti up to fix the screwed up infrastructure and hope the state pays us back? It goes to show you exactly how far out of touch with the community our dedazo comisario is. This idea that the rich gringos should pay extra to fix our water problems is old school San Carlos politics bullshit at it’s worse. It is actually pretty racist in fact. Either Ruben doesn’t know or forgot about the last time American residents put up funds to fix San Carlos infrastructure. Does anyone remember the road paving fiasco organized by Viva San Carlos forum Nazi George Gadspy? Does everybody remember how that came out?

I pretty much now understand why no Mexicans were formally invited to this meeting even though several showed up. I myself invited a few friends that had no idea this meeting was taking place and I can tell you they were livid by the end of it.

The entire meeting was filmed and posted on you tube yet it is completely unedited so it would be a waste of time to watch the whole thing but if you want a good laugh you should check out some of it for sure. I have to admit that I left early, before Carmen Ordaz went up before the crowd and gave some kind of speech. I was told by a good friend, one of the few Mexicans there, that her speech amounted to nothing but “Pendejadas”. I was also told that Edgar Alán Jaramillo Pérez showed up. Jaramillo is the secretary to the mayor of Guaymas and is one of the biggest crooks to ever hold the office. Jaramillo and Guaymas mayor Lorenzo DeCima’s approval rating in Guaymas are probably on par with the Donald. Very low not good that is. These guys have run perhaps the most inept Municipal administration in over a decade. That is not my opinion by the way, that is the opinion of most of Guaymas. The current mayor and his secretary will be out of office in one year and a half yet our Comisario thinks he can make a deal with them to insure they will “pay back” the poor sucker gringos who by into this bullshit and fork up some serious green backs to fix the water/sewage problems in San Carlos?

I thank God I left this theatrical event early and didn’t have to listen to whatever came out of Alán Jaramillo’s mouth. If I were the comisario I wouldn’t want to be seen in the same room with that guy let alone try to make a deal regarding funding pay backs.

 

The above video is a 6 minute clip of Ruben Pinto pitching his idea for Americans to pay the bill for repairs.

The most amazing thing of all is how Ruben now seems to be a hero to all these people who showed up at the meeting. As I left he was receiving an ovation for all his hard work. And why is that? Because he is gonna write a letter to the governor, because he wants to try to work a deal with corrupt government officials!! Wholly Fuck!! I have heard it all now. Are the Americans in this town so naive as to think that a letter with a few gringo signatures on it is going to effect public policy. Last time I checked gringos didn’t have the right to vote in Mexico. And guess what, there are perhaps 2500 registered Mexican voters in San Carlos. There are 150,000 people in Guaymas. Probably 100,000 or more of them are registered to vote. The governor nor the mayor of Guaymas need not care at all in the least about San Carlos. This has been demonstrated for decades here.

There is one way forward for San Carlos. Local Mexicans have to wake up and start caring about their town. Thats right, local Mexicans! People need to wake up and understand a few things. Mexicans need to exercise their constitutional rights guaranteed them via Article 39. Which states very clearly that San Carlos can change it’s form of government any time it wants. At one moment during the meeting a resident asked why do we have to pay for water that we don’t use. In other words we have traditionally been charged for 30 cubic meters of water even though we may only use 9 or 10. Well the answer from Efraim was not complete bullshit but he was not honest either. Efraim said we are charged like that because it is the law. What he failed to mention is that even though CEA is a state organization it is the city of Guaymas that decides the billing and pricing. So the law could be changed easily to only pay for the water that you use. Another local resident said to me that he has no problem paying his water bill. The problem is that he never has any water. He has gone weeks without water and his wife is suffering from colon cancer.

Real Solutions!

First off what the CEA and the government in general understands is essentially one thing. MONEY!! These ass holes understand that really well. Now if you really want these son’s of bitches to listen to you there is a way and a really good way. Deny them the money. There is a legal mechanism for that called the Amparo. An Amparo is essentially an injunction. Here is how it works. If the government is denying you your rights then you can get an Amparo against them. Over the last two years my self and a group of activists have legally documented many of the frauds perpetuated by CEA and by the City of Guaymas against San Carlos residents.

With the documentation that I already have residents of San Carlos could legally use these documents to acquire an Amparo and stop paying their water bills to CEA. The money that would normally goes towards monthly payments could be put into a type of escrow account and when the Amparo has been litigated properly and the problem legally resolved then the money would be allocated to CEA. You want to fix the problem? That is the solution. A letter to the governor, a absolutely terribly written letter by the way, signed by a few gringos who can’t even vote ain’t gonna get it done. The same tactic could be used with our property taxes as well. The government understands one thing really well. Money. If it is denied to them  they might actually try to solve the problem. But the one and only true solution to this problem is the simplest of all yet the hardest to do. San Carlos needs desperately to be it’s own municipality! If San Carlos were it’s own city it could manage the water itself with no state intervention. Guaymas is actually in the minority of City’s when it comes to water. Most municipalities manage the water themselves and don’t part it out to the state.

One questions I forgot to ask at the “meeiting”. What about all the people in the ranchitos that don’t pay a centavo for water? There are countless numbers of residents who after they were disconnected by CEA simply reconnected themselves. No repercussions what so ever! What they have is water service, sometimes, what they don’t have is that pesky fucking water bill to pay every month. Another thing I should mention as I wrap this up. You don’t have to allow CEA to change your meter. Many people told the private company hired by CEA to stay the fuck off their property and not to touch their water meter. I would have done the same thing but the bastards changed our meter while we weren’t home!

In the end CEA just simply refuses to fix our water problems because they funnel the money into the pockets of the high level officials that work for the CEA and who knows where else. Water in the desert is a precious resource. Unfortunately CEA doesn’t agree.

There are solutions to the problems that confront San Carlos. Unfortunately the  current comisario of San Carlos nor the majority of Mexicans who live here in San Carlos are interested in enacting any of them.

 

 

Update on Maria Ines Orozco Candidacy for Comisario

Update on Maria Ines Orozco Candidacy for Comisario

Ines, Liliana & Horacio being interviewed by media after delivery of paperwork to Guaymas

 

The city of Guaymas has refused to acknowledge the residents of San Carlos once again. This is of course absolutely nothing new. You can see the abandonment of San Carlos all over town, it is not hard to find if you should decide to look. From the garbage all over the streets and beaches that local residents clean up themselves to the unfinished side walk with huge holes in it (next to Thrifty Ice Cream), to the SBPA that has spayed and neutered almost 10,000 animals, to the endless pot holes on the road

David pictured left works for tips filling pot holes

to Loma del Mar. The Loma del Mar road is particularly interesting of late. A local unemployed almost entrepreneurial resident named David, originally from Chiapas, has decided to give himself a job. He has been working for tips and filling pot holes on the Loma del Mar road. Whether you like his work or not you have to admire his effort. He created a job for himself based on the absence of municipal responsibility. Just another fine example of local residents having to fill the shoes and pot holes of an almost completely absent government.

In the fall of 2016 local San Carlos residents began what can be called a grand experiment in Mexican civics. It has been around 23 years since San Carlos residents actually participated in the process of choosing someone to represent the Comisaria of San Carlos in Guaymas. By the 2nd of November Maria Ines Orozco announced her candidacy for Comisario of San Carlos. She spent a great deal of time

November 18th 2016 Office of the Mayor

fulfilling the requirements to be a legitimate candidate for the office. In the third week of November the paper work was delivered to the Palacio in Guaymas. Actually the paper work was delivered to three offices. The office of the mayor, the secretary to the mayor and the office of the city council. The city of Guaymas did not respond. They did not even have the common decency to respond to a native local raised in Guaymas since the age of three and who’s family have been respected residents for decades. I guess she and her family simply don’t have enough money to be paid attention to in the normal fashion. It is sad to report these facts but it is non the less necessary that residents of San Carlos understand that local politicians in Guaymas are so completely used to abusing the rights of citizens that they continue to shit all over their own constitution and deny even themselves what the Mexican constitution guaranteed them.

Click on image for PDF of document

So much blood lost over what is essentially an incredible document. My local friends have educated me greatly on the Mexican constitution. I have written a bit about this wonderful document. Especially the part on Article 39 of the Mexican Constitution. Article 39 states clearly that the power of the pueblo resides in the people and that the people can change their form of government anytime they wish to do so. On the second of November Maria Ines Orozco delivered a document to the city of Guaymas based on her inalienable right as a Mexican citizen. The document she delivered represented the blood and sacrifice of over one million Mexicans who died during the decade long battle of the Mexican Revolution. Out of all the officials from the city of Guaymas, the mayor Lorenzo DeCima, the secretary of the mayor Alan Jaramillo Perez and the entire 22 city councilman and women of Guaymas, not one official responded to the paper work that was delivered. This is how little Guaymas cares about San Carlos, the cash cow that just keeps on giving. Once again the city is in violation of the law but in a country where 95% of crime goes unsolved what is the difference? On the 9th of December (document pictured at left) a formal Denuncia was delivered to the office of “Organo de Control y Evaluacion Gubernamental” located at the palacio in Guaymas. On the 13th of December this same document was also delivered to the “Secretaria de La Contraloria General” in Hermosillo. Ines will eventually speak with Susana Corella, our local federal diputado in Guaymas. It is very likely she will also speak directly to the Governor of Sonora, Claudia Pavlovich. This is a political issue and it is clear that the PAN mayor of Guaymas is in violation of the law. The PRI Governor of Sonora has jailed the last PAN Governor for massive money laundering of federal funds and thus she has established herself as one of  Mexico’s ultimate anti corruption governors. I don’t recall the exact amount of money Sonora ex PAN governor Guillermo Padres stole but it is surely in the 10’s of millions of dollars. It is certainly not unreasonable to believe that the current PRI government in Hermosillo will find it very interesting that a PAN mayor, with no past political experience, is denying citizens their constitutionally guaranteed right to self governance of great interest. Maria Ines belongs to no political party and this citizens movement has been completely apolitical up until now but that is gonna change. It seems inevitable that there will be a fight between the two strongest political parties in Mexico over this little bitty Comisaria called San Carlos.

Thus begins what will undoubtedly be a long legal battle that local residents have begun. One local activist is currently in Mexico City consulting constitutional lawyers and preparing the way for the legal battle that lies ahead. It is not hard to imagine that this case could end up in front of the Supreme Court of Mexico. It is fundamental in it’s simplicity regarding Article 39. As I mentioned before it has been decades since residents in San Carlos got politically active. What is clear to me is that this movement will not go away just because the political powers that reside in Guaymas refuse to acknowledge the rights of San Carlos residents. There is a core group of activists that will not let this go and that group is growing. It will take time but I believe eventually a judge will have no other choice but to rule in favor of local residents. If they should refuse that menas modern Mexican politicians from Guaymas continue to deny the blood shed of the revolution itself and what a decade of fighting was really for.

Here is a link to the to the interview Ines, Liliana and Juan Carlos gave to Mega Cable   on the 18th of November. It is interesting to note the questions that were asked of the group by the journalist conducting the interview. It was rather clear who this bullshit MegaCable news network bows down to. Guaymas media is perhaps the yellowest in the country. So many Mexicans from San Carlos and Guaymas have lost site over what their revolution really stood for. Some of them are slowly waking up.

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Who nabbed Paco?

Who nabbed Paco?

screen-shot-2016-12-15-at-10-16-48-amAs all of us locals know there are an awful lot of dog lovers in San Carlos. And as many of us also know dog napping is a harsh reality here. That is why I couldn’t let this one go and decided to write a brief story about Paco. On a Friday night, the 9th of December to be exact Paco was frightened by a rather large fire works display over in the Sector Creston. Not far from the new restaurant Chihuahua’s. As many dogs do during fireworks displays Paco bolted. His owners spent the better part of two and half days looking for him. All over San Carlos. They even spoke to a local police officer and gave him a description of Paco. The local cop mentioned that he had heard a guy in Santa Clara had a dog matching Paco’s description last seen in the back of his truck. So my wife Ines actually did a little digging and found the person the police officer was talking about in San Clara. He didn’t have Paco. He was a bit amazed that someone from San Carlos had even gone all the way to Santa Clara to hunt him down to ask. Dog lovers will all understand this, when a friends dog is missing there is little a real friend won’t do to hunt down a missing dog. There is no doubt that Paco ran away of his own free volition. Why it took so long to find him, two and a half days, and where he was found adds quite a bit of doubt as to what was really going on here.

Official dog-napping stats seem a bit hard to find but there are plenty of web sites out there that discuss the issue and how to prevent it. Dog-napping in the U.S. became against the law officially with the passage of The Animal Welfare Act of 1966. Prior to that a great majority of dog-napping cases seem to have been perpetuated by the medical research field. Apparently it is against the law in Mexico as well. Paco certainly wouldn’t be the first dog to be napped in San Carlos. Many will remember the case of Lucky, who was stolen from his owners car that was parked on the east side of the condominums Pilar over by the Estero El Soldado. Lucky’s owner spent a great deal of time and money to get the dog back. The people that had Lucky made a cool two grand on the deal,  no questions asked. I have to wonder if Paco was being held for a reward as well.

After two and half days of frantic searching, face book posts and hundreds of flyers Paco was found via a facebook tip off. Where he was found is what makes me think there was something nefarious going on. Paco was found in an non occupied house on a back street in Via’s de San Carlos. The house had a high fence around it. Paco could have never gotten into the yard of this house by himself. He had to be purposely put there. There was also no other way for him to get out unless someone unlocked the gate, or someone actually picked him up and handed him over to someone on the other side of the gate. That is actually how Paco got out. His owner had to jump the gate pick him up and hand him over to someone on the other side. Remember this house has no one living in it and the gate was locked. As of the printing of this article we don’t know the name of the owner of the house. It is rumored that the owner is a local cop. We are looking into who is the owner of the house on paper via the office of the Catastral in Guaymas.

I think it is pretty clear that who ever found Paco was interested in either stealing him or waiting for the posting of a reward. Was it the cops? Just for giggles I am gonna spend a little more time on this, but bottom line is watch your dog! It might not be a bad idea to invest in one of those GPS tracking collars. That is probably more cost effective and far less stressful than posting flyers all over town and of course in Facebook in hopes of finding him, and then possibly paying a “reward” that is really better called a ransom. Dog nappers are out there!

 

 

2 Responses to Who nabbed Paco?

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Movimiento Ciudadano moves forward in San Carlos: Maria Ines Orozco announces her candidacy for Comisaria

Lets start this post off with some simple numbers! San Carlos pays no less than 100 million pesos a year to Guaymas in the form of property and other taxes. Actually I have been told that it is probably closer to 150 million pesos annually. San Carlos got back this year 8.5 million pesos. Anyone who thinks this is fair needs to have their head examined! San Carlos is a designated Comisiaria Turistica but you would hardly know that if you looked at the quantity of garbage that is left to rot on our beaches and streets. A lot of people have had enough, grass roots are growing here.

San Carlos has been with out a comisario now for most of the term of Lorenzo DeCima. We did have a comisario for a few months. My self and other local residents had a conversation with him that I wrote about back in June. The conversation went badly for a number of reasons but mostly because the gentleman we spoke to was unclear on what his job was. Lets be clear on what the job of the comisario is first off.

The job of the comisario is to represent the interests of the residents of San Carlos. All residents, Mexican, American, Canadian, etc.

Was our last comisario doing that? Representing all residents of San Carlos? I can tell you that he was not and I would venture to say that many of the past comisarios with exceptions have not really represented the interest of San Carlos. Instead comisarios usually represent the interests of the mayor and the city council. Which often leads to negative out comes for San Carlos. The majority of comisarios in the past have not even been elected in the proper manner and have been “chosen” by the mayor of Guaymas in a manner that is completely illegitimate. Let me be clear. Guaymas does not want a comisario that represents the residents of San Carlos because; Guaymas, usually the mayor, wants and chooses along with the blessing of the 22 city council members a comisario who will shut up and do what they are told.

The comisario of San Carlos is never allowed by the city of Guaymas to petition the state or federal government for the funding of infrastructure. Of course this is precisely what the job of the comisiario is. Guaymas wants none of that! That is why we do not have a comisario at the moment and why local activists have taken it upon themselves to get the ball rolling. This is completely within the rights of all Mexicans. I refer back to Article 39 of the Mexican Constitution for anyone who doubts that local residents have the authority to choose candidates for comisario.

Several weeks ago members of various action committee’s publicly posted what is called a “Convocatorio” or public announcement in spots all over San Carlos. This public announcement calls upon anyone interested in being a prospective candidate to please submit for review their “work plan” among other requirements. A list of the requirements to be a candidate for comisario can be found here.

My wife Maria Ines Orozco Ontiveros has decided to be a candidate. Considering the fact that I am not going to be terribly objective on my opinion, I will go ahead and say it anyway. I don’t know if there is a more honest person in this town for the job than her. If anyone would like to sign her letter of support you can find a copy of this letter at the Athletic Club San Carlos!

Good luck honey I am very proud of you indeed!!

Do you have to belong to an Home Owners Association (HOA) if you don’t want to, especially the Costa Del Mar HOA?

Two weeks ago I was asked by Charlie Woehr a resident at the Costa Del Mar to translate for him during a meeting with his lawyer. Charlie was looking for a lawyer to help him out with the continual problems he has had with the CDM HOA board of directors. He was originally going to speak to a lawyer I had never heard of and then it dawned upon me that he should speak to Alvaro Romero. Alvaro Romero is a local lawyer from Guaymas who is now an expert on HOA law in Sonora as well as an expert on the many shady occurrences that happen in regards to the Costa Del Mar HOA. He became an expert on this subject by taking on several cases, and winning them by the way, for another CDM resident who also is disillusioned, for good reason, with the CDM HOA.

Charlie has a specific problem with the HOA that has caused him much stress. And here in itself is a very large issue. Most people who retire to Mexico would like to lead a stress free life. And actually after a conversation with Alvaro the lawyer this is really what the HOA should do for residents within a community. A properly functioning HOA should make life less stressful for residents, not more stressful. This was made clear to me by Alvaro the lawyer.

Why is Charlie upset with the HOA? Well the current problem stems from the fact that Charlie has his boat parked out in front of his house at the moment. According to Charlie this pissed off Ken Unrein, a current board member. So last year that board member tried to write a new bylaw that says you can’t park a boat in front of your house. Now after reviewing all the information Charlie put forth to Alvaro the lawyer the HOA did not properly pass this by law. But for the sake of argument let’s just say that the HOA did in fact get this new by law about parking boats in front of your house legally put into the by laws of the HOA.

The problem is this.The streets at Costa del Mar are public streets. I am sure many who might read this article and live at CDM are going to disagree with me on that but the fact of the matter is I have painstakingly researched this. I have spoken to inspectors for Control Urbano/ Urban Planing in Guaymas and other lawyers besides Alvaro. The streets of Costa del Mar are in fact public streets. To all of you CDM residents out there who doubt that, you are completely within your right’s to believe what ever you wish to believe. You simply are not correct in your belief but more power to ya. Just because your community is gated and you all paid for the streets to be so nice don’t mean ya own the streets!

Now just because the roads are public though doesn’t mean anyone can simply drive a boat into the CDM and park it in front of some one else’s house. Within Sonoran state law there exists preferential rights for those who live in the Costa del Mar in regards to the streets. Costa del Mar residents should and do have preferential treatment in regards to the streets since they live there. So what that means is that Charlie has according to Sonoran State Law all the right in the world to park his boat in front of his house. No CDM by law can trump a Sonoran state law and no Judge in Sonora can tell him he can’t park his boat there. I forget at the moment how much money in fines the CDM HOA is trying to charge Charlie for legally parking his boat in front of his house. I know it is in the thousands of pesos now and might even be in the 10’s of thousands but what ever the fines the HOA are attempting to impose upon him there is absolutely no reason for Charlie to pay those fines. The HOA has not one legal leg to stand on, and that is from a lawyer who has already beaten the HOA board of directors in several law suits. The HOA can not levy fines against anyone for parking their boat in front of their house. For all those HOA bully’s out there all I can say is welcome to Mexico and Mexican law!! Now the same goes for any lot owner who wishes to sell his lot but is not currently up to date on their HOA fees. The HOA can not stop anyone from legally selling their property because of a lack of payment of HOA fees.

Now that in itself is interesting but here is the real bomb shell. During the consultation with the lawyer Alvaro asked me to ask Charlie one simple question. Do you enjoy living at the Costa del Mar? The clear answer for Charlie was a resounding no and what Alvaro explained to him exactly described what I have written about before and that is HOA syndrome. Alvaro described the situation as so. What the HOA has tried to do is form it’s own kingdom with its own rules. And up until recently it has gotten away with much of that agenda. But over the last few years residents have started to seriously look at what is going on out there and to state it mildly are mad as hell and not going to take it any longer.

Alvaro was specific in regards to how the HOA manages it’s monthly dues payments. Remember the HOA is a non profit organization. As such at the end of each year if the HOA has not spent all the money it has taken in then by law they need to return that money to residents. The HOA to the best of my knowledge does not nor has ever done this. They take the extra money that is left over at the end of the year and put it into interest drawing saving’s accounts. Usually in the name of someone on the board of directors. It is Charlie’s contention that Ken Unrein has many different HOA saving’s accounts in his name. No one really seems to know for sure how many accounts there are and how much money is in these accounts since there is a complete lack of transparency out there in this regard.

Now the real bomb shell is this. Alvaro asked a few very sincere questions to Charlie. The first question was this.

When you bought your house at Costa del Mar did anyone ask you if you wanted to join  the HOA? The answer of course was no. Are you all ready for the bombshell?

It is not mandatory to be a member of the HOA! It is simply assumed that if you purchase a lot or house that you must be a member but in fact it is not mandatory! Now the fact of the matter is that since Charlie has been paying his monthly HOA fees he has  unwittingly joined the HOA even though he has never signed any agreement of membership with them.

The second question is the biggest bombshell of all.

Would you like to no longer be a member of the Costa del Mar HOA?

Charlie answered a resounding yes to this question posed by Alvaro the lawyer. Alvaro explains it very simply. According to Mexican law no one can force you to be a member of an association. Especially if that same association is trying to bully and harass you by making you pay fines that they can not legally impose on you! So all you have to do is write a letter to the HOA board of directors and ask them to vote you out of their HOA! It is that simple. Now if the board of directors refuses to honor your request then you file a formal law suit against them and eventually a judge will have no choice but to rule in your favor. Since as Alvaro has explained it, no one can force you to be a member of any association if you no longer wish to be a member. Boy isn’t the law interesting when you truly understand it.

I wonder how many residents are going to opt out of the CDM HOA once they realize that they don’t have to belong to it?

21 Responses to Do you have to belong to an Home Owners Association (HOA) if you don’t want to, especially the Costa Del Mar HOA?

  1. Cdm siempre an hecho lo que an queido. De acuerdo a una auditoria que yo les hice hay mas de 25 cuentas de banco. Entre ellas unas de inversiones. Yo estoy pidiendo cuentas por años y hasta hoy no las quieren dar. Lo bueno es que yo ya no pago, porque voy hacer ricos a otros??? Las mesas direcitavas de costa del mar an sido y siguen siendo de lo peor. Tienen engañado a una mayoria, especialmente a los extrangeros. CORRUPTOS. Francisco J. VELEZ lote 13 y 91

  2. Without getting into a discussion of the validity of HOA’s in Mexico (although I venture to guess if you have 3 attorneys you will get 3 opinions on the legality) or the accusations of fraud (hopefully not the case) I would like to ask what happens with shared services if no one joins the HOA and pays their dues. You seem to be suggesting that no one should pay their dues.

    Specifically, if dues are voluntary and no one or very few decide to pay them how do the following expenses get paid?

    Sewage
    Road repair
    Pool maintenance
    Electricity for neighborhood lighting
    Trash collection
    Guards for the front gate
    Gardeners for common areas
    I’m sure I’m missing some other shared services but you get the point.

    If the HOA is disbanded I’m pretty sure Guaymas won’t be rushing in to maintain the roads or keep the sewage pump working. I shudder to think what CDM would be like when the shit backs up because no one is maintaining the sewage pump system. If we don’t have trash bins will the trash company go door to door to pick up trash weekly?

    If some people in the neighborhood decide they want to share expenses to keep these things running can they exclude those people who don’t want to pay dues from using these facilities? If so that would solve the problem. If the law allows them to quit the HOA I guess the people that don’t want to pay dues can choose not to and they can find other solutions to these services.

    Just curious.

  3. El problema no an sido las cuotas. El problema a sido el mal manejo.

    The isued is not the fee. Is the bad administration and clarity.

  4. just curious, you missed the whole point. the point here is how the HOA is run. owners do not want to be harassed when your retired or working. they need to learn to lead first.
    leadership and common sense,its a requirement.
    the board members here in CDM have cost CDM member at least 50 thousand dollars in the last 5 years for lawyers and fines .
    MR NICE GUY.

  5. It seems to me like the HOA board could spend our money better way than passing rules and regulations that are silly and illegal. The comment by the Mexican lawyer that CDM’s streets are public does not seem far off to me. I live in an HOA in the United States also and the streets are also city owned. With that being said finding people for parking trailers in front of their own homes, denying people access unless they have a parking permit to park on a public street, and dictating what types of vehicles are allowed to enter is just setting themselves up for more losing lawsuits. The cost of which will be paid by us paying members.

  6. There were a number of points made in the article…a key one is encouraging people not to belong the HOA. I find that suggestion disturbing.

    It seems to me that there are always going to be arguments against the “current” board. A volunteer position. If in fact there is theft it should be proven and they should be prosecuted. More likely there is a dispute as to how dues should be spent and that they made bad decisions. That may or may not be true depending on your point of view. Rather than accuse them of fraud until proof is brought forward I prefer to believe it is simply a difference of opinion.

    I can understand that for some people parking regulations will be annoying and possibly outside the authority of the HOA. The board acted on the bylaw passed by the assembly at the time. If it was passed illegally then it should be struck down. I’m not trying to defend the actions of the board on any specific action but keep in mind that they are volunteers and hopefully acting in a way that best suits the majority of homeowners. Personally I don’t care if someone parks their boat in front of their house but I can see that if everyone has a boat and parks it in front of their house it could be a real problem for our narrow streets. Furthermore why stop there? Why not allow RV’s in the development?

    So…is an HOA a valid entity? Can it enforce any rules? Can it force people to pay for shared services? If some neighbors don’t want to pay regardless of their reason should they be allowed to share in the services provided by the HOA?

  7. I agree and would like to thank the board members for their volunteered time and well-meaning efforts. And I also agree it would be a disturbing thought of everyone opting out of the HOA. I don’t see that completely happening. I would like to think that most people are sensible enough to understand that in order to keep CDM functioning, clean, and beautiful that dues need to be paid. And they obviously have not had any problems collecting enough dues to fight lawsuits that they have been advised they cannot win that cost tens of thousands of dollars and still managed to stock away a sizable reserve fund. I’ve only been an owner in CDM for about three years now, but I first seen the place about 10 years ago and it has improved greatly. When I first seen it, it had houses that seemed to be abandoned with overgrown yards. The streets were horrible. All in all I was really not impressed. For this we have the board, and paying members to thank. But I also feel like the problems with Francisco could’ve been avoided had they just sat down and listened to his concerns and grievances in the beginning. I also feel that some of the things on the current ballot are completely silly and stem from a couple of uptight fussy board members that are acting like old women. To prohibit ATVs and side-by-sides from entering CDM is just out right fun hating. I would like to propose on the next ballot that we vote to take away their rascal scooters, and break up their sewing circles. I’m also not a fan of their rental policy proposals. On average my house has only managed to rent out two months out of the year. That usually works out to just keep my dues, taxes, maintenance and upkeep paid. I don’t feel like my rental impact is greater than someone occupying their home for the majority of the year. To propose a rental impact fee “To be determined by the board” is just handing them a blank check. The sole purpose of which is to discourage and stop renters. As far as boats and RVs being parked on the street, I agree it would be a problem if everyone started doing it and on a long-term basis. But it hasn’t been a problem that I have noticed up to this point. Again I think this is coming from a couple of fussy board members getting their granny panties in a bunch over one or maybe two boats parked on the street. I would just hate to see CDM become a piled on bunch of regulations and bureaucracy. And I really wouldn’t want them assigning a security force that goes door-to-door asking the nature of the guest occupying our homes.

  8. Here is the issue at heart. If a HOA continues to harass a resident why should the resident continue to belong to said HOA?

    It is clear that Charlie has not publicly explained all of the harassment that he has endured via the HOA board of directors. Remember he was actually illegally threatened by the comandante (chief of Police) at the behest of the Board of Directors!

    I don’t think Charlie wants to not pay his HOA monthly fees but when it is clear that the roads are public and the HOA has no legal authority to fine someone because their boat is parked in front of their house then that is clearly an abuse.

    Gary seems to think that the roads may be private roads. I can assure you that there is no debate on this subject with everyone I have spoken to. I would implore other HOA residents to ask the city of Guaymas themselves who owns the roads. If the city owns the roads then this fine of now 100,000 pesos that the HOA is trying to charge Charlie is nothing more than extortion.

    If I were being extorted by the HOA I would have myself removed from it. I would venture to guess that so would anyone else.

  9. Mr. Admin…
    I do not have an opinion on who owns the road. Nor do I really care. But I do know who pays to maintain them. And if you look at the title of your article it is clearly about people choosing to not to belong to the HOA. You have often taken the stance that HOA’s are a problem.
    Harassment of any kind is unacceptable. If you take the position that HOA’s have the right to charge for shared services and have the right to pass rules that benefit everyone than you have to accept rules that you may not find acceptable but you have to go with the majority rule on such issues….called democracy. Break the rules and there are consequences. If on the other hand you take the position that HOA’s are voluntary and that they cannot impose dues, fees, assessments or rules (as you seem to) then no rule or fees are acceptable.
    Please comment on what you think the role of an HOA should be. I would love to hear your opinion as to what fees are acceptable to bill out. And is it your opinion that if you don’t like some expenditures or rules passed by the assembly that you should be able to sue or opt out of the HOA? If the latter is the case than I suggest that you don’t purchase a house in a development that has an HOA.

    As I mentioned earlier I don’t really have an issue with parking a boat on the street…except that if everyone does it it becomes an issue. It would seem your opinion is that should everyone be allowed to park their boat in the street. Wonderful. But as I asked earlier should they be allowed to park their RV in the street too?

    For the record I would like to know if you think HOA’s should even exist? Do you think they serve any tangible purpose?

    Finally, I am a believer in two sides to every story. Rarely in a fight is there one side that is totally in the right and the other side totally in the wrong. Before you tell me a story contradicting that I know there are cases where one side is wrong…but in this case and the others that you have reported on in the past I can see arguments on both sides. Your stories in the past regarding CDM clearly show you have a bias and you are certainly entitled to it. But they don’t tell the whole story.

  10. I’ve heard that an HOA is different than a condominium. Can you clarify? As a condominium, we do our best to adhere to Sonoran Law 293 which apples to both vertical and horizontal condos. We have our translated By-laws filed along with our A.C. (Associacion Civil) who is our Administrator for the condo. Are you saying that we cannot regulate parking on our streets, IF it’s more restrictive than Sonoran Law? Someday we are hoping there could be a San Carlos Condominium Association where any/all condo. [board] members could participate to share knowledge to benefit ALL of us. We all reinvent the wheel with all the various issues that come up. Maybe we could even have an Abocado/Notario advise us. As of now, we all just do our own thing.

  11. Gary you seem like a very reasonable guy. It’s too bad you don’t have time to volunteer on the board.

  12. i know there are differences between shared wall condos like playa blanca and homes such as costa del mar. i am ignorant of the big differences between the two though.

  13. I think that some board members will use the HOA as a bully pulpit. I think that is pretty clear on how some people feel out there and there is of course over whelming evidence to support that claim.

    Certainly there should be an HOA that takes care of common ground. But unfortunately too often the HOA’s become used as a means to make money. Read up on HOA Syndrome, it is fascinating.

    I am very biased on my opinion of several CDM HOA board members. The bias comes from my personal experiences interviewing them and others who had to deal with them.

    This recent article simply comes from the fact that I was asked to help Charlie find a lawyer and translate for him. I think Charlie was forced to find a lawyer and defend him self from frivolous fines. I don’t see anyone really understanding what for me is the big issue. You can not make a by law that would, forgive the expression, trump a state law.

    Charlie parks his boat on a dead end street in front of his house and then some board members go nuts and now he supposedly owes them 100,000 pesos in fines? If the board continues to try to push through by laws that contradict state law then I think that a resident should have every right to opt out of the HOA. From what I understand there is a fairly large percentage now of non payers out there now.

    Based on my experience with HOA’s in San Carlos I would absolutely never what to belong to one!!

  14. This letter is just in from Francisco!! Looks like the HOA is going to appeal a judges ruling and spend more HOA money on a losing proposition!

    MI NOMBRE ES FRANCISCO J. VELEZ

    jueves, 3 de noviembre de 2016

    11:56 a. m.

    DESDE 2003 QUE COMPRÉ MI PRIMERA PROPIEDAD EN CDM, ME DI CUENTA DEL ABUSO DE LOS DIRECTIVOS. MAS SIN EMBARGO PAGUE MIS CUOTAS ORDINARIAS Y EXTRAORDINARIAS. CANSADO DE VER LOS ABUSOS Y DESPUÉS DE HABER TRATADO, DE DESPERTAR LA IGNORANCIA DE LOS RESIDENTES HOY POR HOY SIGUE LA MISMA SITUACIÓN.

    YO COMENCÉ PIDIENDO CUENTAS, QUERÍA VER EN QUE SE ESTABA GASTANDO MI DINERO, COMO TODO BUEN CONTADOR, (ESTA FUE MI CARRERA EN LA UNIVERSIDAD DE SONORA). SOLICITE INFORMACIÓN DE DISTINTAS MANERAS, TALES COMO; VERBALMENTE, ASÍ MISMO ME PIDIERON QUE LO HICIERA POR ESCRITO, Y ASÍ LO HICE, Y NO HUBO RESPUESTA. DESESPERADO LO TUVE QUE HACER POR MEDIO DE UN NOTARIO PÚBLICO Y AUN ASÍ NO ME ENTREGARON INFORMACIÓN. TUVE QUE LLEGAR A DEMANDAR Y HAN HECHO CASO OMISO, PERO LA JUSTICIA SE ENCARGARÁ DE ESCLARECER, TODAS LAS IRREGULARIDADES.

    ES TRISTE QUE HAN ENGAÑADO A LA MAYORÍA DE LOS RESIDENTES DE CDM, ESPECIALMENTE A LOS EXTRANJEROS. SIEMPRE QUISE DESPERTARLOS Y HOY POR HOY, LA MAYORÍA SIGUE INDIFERENTES E INCRÉDULOS.

    HOY ESTE DÍA EL JUEZ CONFIRMÓ LA MULTA A CDM POR NO CUMPLIR CON LA SENTENCIA Y APARTE DE ESO ESTARÁ DANDO AVISO AL MINISTERIO PÚBLICO, PARA OBLIGARLOS A CUMPLIR LA SENTENCIA (RENDICIÓN DE CUENTAS). OBVIAMENTE ESTO NO SE LES INFORMARÁ EN LA REUNIÓN, ESTO ES DE LAS COSAS QUE UDS., RESIDENTES NO SE DAN CUENTA POR OBVIAS RAZONES.

    CDM HA TENIDO LOS MEJORES ABOGADOS, SIN EMBARGO, ESTO NO LA LIBERA DE LA MAGNITUD DE SUS PROBLEMAS. ES ENTENDIBLE QUE CUALQUIER ABOGADO LE DIRÁ A CDM “SÍ, YO TE AYUDO” Y PROMETEN RESOLVERLES LOS PROBLEMAS, PERO LOS MISMOS ABOGADOS SABEN QUE ESO ES IMPOSIBLE Y EN LO QUE SON “PERAS O MANZANAS”, ELLOS COBRAN SUS ELEVADOS HONORARIOS.

    POR OTRA PARTE, HAN APELADO LA SENTENCIA DEL JUEZ; DEL CASO DE GASTOS Y COSTAS, QUE ILUSOS. DE NUEVO RESULTARÁ EN MÁS GASTO DE HONORARIOS Y SERVICIOS PARA LOS ABOGADOS.

    MUY PRONTO ESTARÁN LAS DEMANDAS PENALES, EN CONTRA DE LOS SEÑORES, KEN, ESCOTT Y DIANA CIMETTA…QUIERO VER DE QUÉ MANERA COMPRUEBAN SUS IRREGULARIDADES.

    PD. ADJUNTO ENCONTRARÁ EL COMPROBANTE DE RESOLUCIÓN DE JUEZ, DE MULTA Y ENVIÓ DE CASO AL MINISTERIO PUBLICO, POR DESACATO.

    FJV.

    I BOUGHT MY FIRST PROPERTY IN CDM, IN 2003, AND RIGHT AWAY I REALIZED ABUSE OF DIRECTORS. HOWEVER I CONTINUED TO PAY MY ORDINARY AND EXTRAORDINARY´S DUES. SICK AND TIRED OF ABUSES AND AFTER TRIED TO WAKE IGNORANCE OF THE RESIDENTS, UP TO DATE RESIDENTS STILL ARE IN THE SAME SITUATION.

    I STARTED ASKING FOR MONEY´S MANAGEMENT, I WANTED TO SEE IN WHAT THEY WERE SPENDING MY MONEY, LIKE ALL GOOD COUNTER (THIS WAS MY CAREER AT THE UNIVERSITY OF SONORA). I DID INFORMATION REQUEST IN SO DIFFERENT WAYS SUCH AS; VERBALLY, AND ALSO THEY ASKED ME TO DO IT IN WRITING, SO I DID, AND I GOT NO RESPONSE. DESPERATE I HAD TO DID IT THROUGH A NOTARY PUBLIC AND STILL NO INFORMATION WAS GIVEN TO ME. I HAD TO GET TO SUE AND IGNORE HAVE DONE, BUT JUSTICE WILL CLARIFY, ALL THE IRREGULARITIES.

    SADLY THEY HAVE FOOLED TO MOST RESIDENTS IN CDM, ESPECIALLY FOREIGN. ALWAYS I WANTED TO AWAKE RESIDENTS ABOUT THIS CIRCUMSTANCES BUT UNTIL TODAY, MOST ARE STILL CARELESS AND UNBELIEVING ABOUT THESE SITUATIONS.

    TODAY THE JUDGE CONFIRMED THE CDM FINED FOR NOT COMPLY WITH THAT JUDGMENT AND THE JUDGE WILL BE GIVING NOTICE TO THE PUBLIC PROSECUTOR, TO FORCE THEM TO COMPLY WITH THE JUDGMENT (ACCOUNTABILITY INFORMATION). THIS OBVIOUSLY WILL NOT BE INFORMED IN THE MEETING (NOV 5TH), THIS IS THE THINGS THAT RESIDENTS WILL NOT REALIZE FOR OBVIOUS REASONS.

    CDM HAS HAD THE BEST LAWYERS, HOWEVER, THIS IS NOT ENOUGH TO SET IT FREE OF THE MAGNITUDE OF ITS LEGAL PROBLEMS. UNDERSTANDABLY, ANY LAWYER WILL TELL CDM “YES, I CAN HELP YOU” AND PROMISE TO SOLVE THEIR PROBLEMS, BUT THE SAME LAWYERS KNOW THAT’S IMPOSSIBLE AND THEY WILL RECEIVE THEIR HIGH FEES, AGAIN.

    MOREOVER, THEY HAVE APPEALED THE JUDGE’S RULING; CASE OF EXPENSES AND COSTS. WHICH WILL RESULT SPENDING IN FEES AND SERVICES FOR LAWYERS.

    WILL SOON CRIMINAL CLAIMS, AGAINST KEN, SCOTT AND DIANA CIMETTA … I WANT TO SEE HOW THEY WILL DEAL WITH THE IRREGULARITIES DETECTED.

    P.S. ATTACHMENT: PROOF OF RESOLUTION OF JUDGE FINE AND SENDING CASE TO THE PUBLIC PROSECUTOR.

    FJV.

  15. Still curious. Could someone tell me if the issue of rules, fees, fines, parking rules etc. etc. matter if the property were actually private and not owned by Guaymas? Essentially a privately owned condominium project?

  16. You will be happy to learn that all is good in CDM now. Everyone seemed happy with the decisions that came from the meeting today. CDM does have the right to impose rules and fines within the law and is in fact the owner of the land, roads, services etc. An amicable settlement has been arranged regarding the use of our roads and it was all done when everyone got to have their say without the threat of lawsuits. Reasonable people acting reasonably.

  17. fine was forgiven and no one can park trailers and rv’s in the hood. a pleasant and logical conclusion. issues of the HOA rights are resolved.

  18. The board made it very clear on their position on the issues up for vote last weekend. Having them count the votes therefore seems like a conflict of interest. I also find it very odd that after four days they are unable to give us any results of the vote even though it’s only 100 and some odd votes to Count.

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Dead Body Found in Container in Guaymas with Drug Cartel Message Written on It

narcotambo-en-guaymasOn Thursday the 29th of September a “Narcotambo” or 55 gallon sealed container was found left on 9th street in Guaymas. The duct taped sealed container was left by a drug cartel and had a message taped to the outside of it. There was a body inside. This would be the second time in two weeks that a drug cartel has left a message on the streets of Guaymas. Last week there was two Narcomantas found in Guaymas. On was left on the bridge to Mira Mar narcomanta-guaymasand it is unclear where the other was found. There seem to be few media reports of these incidents and it is sometimes very hard to find a report on the exact words that were written in these messages. Things seem to be getting worse in Guaymas at the moment and that means things are probably worse here in San Carlos as well.

Screen Shot below is from Uniobregon a web site with more info on the name of the victim who was found inside the container. It is reported below that the victim was tortured before he was shot and then dismembered. The message on the container is reported to say that if local authorities do not stop their operations in the region someone will be executed everyday.

narcotambo-calle-9-guaymas

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What do Lorenzo DeCima Mayor of Guaymas and Pena Nieto President of Mexico have in common? Incompetence and inability to lead comes to mind!

There are a few parallels between what is going on in Guaymas municipal government and what is going in the federal government in Mexico City. Even though Lorenzo DeCima is a PAN political hack he has a few things in common with Pena Nieto, Mexico’s worst president in modern history. Number one on the list is very low approval ratings, I have yet to find anyone in Guaymas that thinks Lorezno is doing a good job. Ask anyone on the street about Pena Nieto and there you will have it.  Now the other thing that is pissing a lot of people off, yours truly included, is that Lorenzo has a complete lack of respect for San Carlos. San Carlos is not even mentioned in the most recent state of the city report by Guaymas. We don’t exist in any other form except when it is time to pay property taxes! Now this is nothing new really since most all Mayors of Guaymas have disrespected San Carlos and it’s huge financial contributions to Guaymas in one form or another from refusing to fund development projects to an out right falsification of the San Carlos Comisiaria budget to funnel pesos directly into their pockets. At least the last mayor of Guaymas had the balls to actually come here and listen to what people said. I actually had a chance to be there and got a bit of video on that meeting and there was at least one person at the meeting that literally tried to crawl up the ass of then mayor Otto Claussen. Now I don’t think that meeting stopped Otto for one second from raping the Comisaría budget to help build his white house in Marina Vista but HEY, he did show up! Lorenzo is awol!

I endlessly think about San Carlos financials and in my desire to inform locals I am starting to frame my speech on San Carlos financials in a different manor but before I get to the soap box I think it important to reveal what one of my good friends and advisor to the Comite Pro Municipio 73, Victor Parra Maldonado divulged to us in a meeting last week that really put some things into perspective “for all of us who have been on the; San Carlos needs to be it’s own city/Municipio band wagon for a few years now.”

And you can believe that this info is now firmly rooted in my speech. It goes something like this, and just to be clear Mexico has 2440 municipios or municipalities divided between 31 states, according to Wikipedia, and it is important to note that San Carlos is technically a Comisaría which  translates to Police Station in Spanish. So yes we all live in a police station here in San Carlos. Point being that San Carlos is not it’s own city.

I got my hair cut at Maru’s the other day so I had a chance to give my speech while sitting on the throne, it goes something like this.

me: Hey did you know we don’t have a comisario at the moment. Sometimes people know this many times they do not. I think Maru didn’t know that and I explained that he came in the back door and out the back door he went!

recipient of my speech: No I didn’t know that.

me: Ya that means that the ultimate authority in San Carlos is now none other than the Comandante. Comandante in Spanish directly translates to fucking corrupt chief of police. (Donal Trump is the master of few words so after I say that I usually say something like) NOT GOOD  NOT GOOD!

me: Take a guess at how much money San Carlos pays to Guaymas each year via tax revenues, alcohol permits, ect…..100 million pesos a year minimum, yep that is right residents of San Carlos pay 100 million pesos a year in taxes to Guaymas and do you know how much San Carlos gets back from that?

recipient of my speech: No……..

me: We get back around 8.5 million pesos depending on how much money Guaymas steals from our budget. Now lets count to 10, that is easy right. In ten years San Carlos has paid $1,000,000,000 that is billion with a capital B mind you pesos to Guaymas. Now look around you and tell me if you see $1,000,000,000 pesos worth of investment in San Carlos? (At this point you can usually start to see a range of emotions in the eyes and or facial expressions of the speech recipient. I have seen rage, disgust, indignation, cynicism and anger, sometimes all at the same time)

Now what is new in my speech is what Victor uncovered just a couple of weeks ago while he was doing research on comisarías in Mexico. And this is truly interesting. San Carlos is the only comisaría in the whole country, yes in all 31 states and 2440 municipalities San Carlos is the ONLY Comisaría Touristica in the whole damn country!

San Carlos is the only comisaría in the whole country, yes in all 31 states and 2440 municipalities San Carlos is the ONLY Comisaría Touristica in the whole damn country!

Now I have yet to find out how many comisarías there are in Mexico but the fact that we are the only one that has a tourist designation means that we, San Carlos are the most important comisaría in the whole nation. What that also means is that ever other tourist designated area in Mexico is it’s own city. Which means they keep their taxes and they administrate their area with no meddling from other areas. In my speech on municipios I always include this little tid bit about the Valley of Orizaba down in the great and unfortunately very violent state of Vera Cruz. I have a good friend down there who lives in Orizaba, a town that is located at the base of North Americas third largest peak, a mountain well worth the climb! The valley is spectacular and is about 25 kilometers long. About the distance between San Carlos and Guaymas. Now get this, within these 25 kilometers there are 18 different municipios! That is hard to imagine really, from here to Guaymas you would travel through 18 distinct cities, each with it’s own police force, court house ect.

Which leads me to finally say what the hell is San Carlos waiting for. Then I get the standard reply from at least 50% of my speech recipients which is.

Guaymas will never allow San Carlos to be it’s own city!

My reply is simple when I am told that. Read Article 39 of the Mexican Constitution. It is enlightening. It states pretty much that any pueblo or small town can say fuck you to who ever is repressing them and change their form of government when ever they decide. It is an inalienable right. I have yet to have a speech recipient disagree with me.

Lorenzo DeCima and all the crooked city council members in Guaymas may not understand this yet but there is a perfect storm brewing in San Carlos and there is a call for a new comisiario. One who is choosen by the people of San Carlos for the people of San Carlos, a comisario who will represent the people of San Carlos and one who will actually have a reasonable budget proposal that aims to accomplish some modest improvements to the town. If these activists and the people of San Carlos get blown off yet again by Guaymas there might soon be a visit to the Governors office. Our Governor is PRI and Lorenzo is PAN.

It is not a far stretch to think that San Carlos, the most important Comisaría Touristica in the whole damn country might, just get a little more respect if it takes it’s case directly to the Governor. The Comite Pro Municipio 73 has a rather large file of all the things Guaymas is supposed to do legally for San Carlos yet refuses to do. The file grows each month and with each addition of information or abuse committed by Guaymas against San Carlos the legal justification for San Carlos becoming it’s own Municipio will become harder to deny.

Security is the last thing on the minds of Politicians in Guaymas; and it is with great regret I must say that San Carlos is less secure than ever

Security is the last thing on the minds of Politicians in Guaymas; and it is with great regret I must say that San Carlos is less secure than ever

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Julio Alfonso Alfonso was born in Cuba in 1921 and first came to Guaymas in 1945 to play for the Guaymas Ostioneros baseball team in the now extinct Pacific Coast Baseball League. Here Alfonso stayed for the rest of his life. He married a local girl and startedscreen-shot-2016-09-20-at-9-45-18-pm a family. One of the family members became a grand dancer here in Guaymas and started a poplar dance studio. On the 15th of September the grand daughter of Julio Alfonso Alfonso, Marcela Chavez Alfonso lost her life, and that of her unborn child, abruptly with 5 gunshots to the back during an attempted robbery of the Santander Bank in Guaymas. She left behind two children, a loving husband and family. Five or six others were reported injured in the shoot out. Out of respect for the family of Marcela Alfonso the Independencia party El Grito” in Guaymas held every 15 of September to commemorate Mexico’s independence from Spain was cancelled. In a rare moment of clarity the mayor of Guaymas actually made the right call but I reckon it was for the wrong reason. Certainly he does not wish to be questioned on the lack of security in Guaymas. Not that the local press would actually question him but local activists might. And that would be a messy affair and make for lots of unfavorable you tube videos to be posted on faceboimagesok. Damn good idea to cancel El Grito for sure!

What is striking about the whole incident besides the complete horror of it all is how long it took police to get on the scene. In some of the pictures posted on line you can clearly see a bunch of bystanders standing around the injured and dead, no police in site. In the picture above you can see a man in an orange shirt. He is actually holding Marcelas daughter who was in her arms when she was shot to death. On the 16 of September, the day after, I was invited to participate in a radio program on Radio Visa 90.1 F.M with host Jorge Carrizales to discuss the recent publication of the City of Guaymas Informe or state of city report. During a commercial break Jorge told us how he was receiving, just moments after the shooting, Whats App texts from listeners to the program who noticed that rather than responding to the robbery police were in local OXXO’s purchasing time for their cell phones. The last thing local cops want to do is respond to a local shoot out while it is still happening. How else can you explain the fact that almost none of these shoot outs are solved. Why are there no security cameras on the streets of Guaymas and San Carlos? The answer is actually quite simple. The current batch of incompetent local politicians and police don’t give a fuck about security in Guaymas or San Carlos. What the city council and Mayor of Guaymas gives a shit about is looking good. Thus you will see many many wonderful pictures of Lorenzo DeCima out and about looking very Mayoral. Just after the hurricane I saw a ridiculous picture of our local Mayor with a chain saw cutting apart a fallen tree! Good job Lorenzo, single-handedly  putting Guaymas back in order.

It’s fucking bullshit and I have remained silent far to long on the amount of crime that takes place in Guaymas/San Carlos. I think us San Carlenos are living in a bubble that is about to burst wide open. We have been lulled into a false feeling of security since there have not been any recent murders or official reports of shoot outs here locally. Official is the key word here.

 

If you follow local Guaymas events you find that someone is pretty much disappeared or flat out murdered once a week in Guaymas or Empalme or Vicam. Shoot outs on the streets of Guaymas also occur with a frequency that if accurately reported on would astound us all.  I quit writing about all of this quite a while ago.  It has simply become to common an occurrence here. I have become accustomed to the new norm just as I have become accustomed to the fact that there are virtually no dorado left in the Sea of Cortes. Just as I have become accustomed to the fact that soon the La Vaquita Marina, the small Sea of Cortes harbor porpoise will most likely be extinct withing a decade. I have redefined my definition of San Carlos to include a certain amount of drug cartel violence just as sport fisherman each year increasingly finds themselves having to redefine what a “good day” of fishing is. Twenty five years ago when I first moved here a sport fisherman could define a good day of fishing as catching dorado a few miles off shore. You might have to go out to the reef, a round trip journey of 20 nautical miles, to fill the cooler with dorado. You would certainly release a bill fish or two on that same day. A current definition of a “good day” of fishing is after trolling 50 to 60 nautical miles I actually caught one bull dorado that weighed 15 pounds well, that was better than getting skunked, that was a pretty good day.

Our lack of a comisario here in San Carlos is yet another good example of how bad things have gotten and how the current situation seems to be the norm. The way our comisaria is supposed to work is that the comisario should be in charge of San Carlos. The comandante or chief of police in San Carlos should be under the authority of who ever the comisario is at the time. The comisario of San Carlos should also be elected by the city council of Guaymas and to be considered as a candidate for the office a development project must be submitted. A person becomes comisario based on a set of criteria including their development proposal. Then the proposal should also receive funding. Well over the decades as the comisario has become less and less relevant to San Carlos the new supreme authority here is the comandante or chief of police. I recently wrote a piece on how our last comandante was certainly bribed by the Costa del Mar HOA board of directors to hassle a CDM resident for questioning the authority of the HOA.  What that means it that we have someone who is guaranteed to be completely corrupt and completely for sale running the show here.

The supreme authority in San Carlos should not be the Chief of Police, this is a recipe for continued disaster.

Not to say that other comisarios have not been corrupt in the past either. I have heard plenty of stories of comisarios taking bribes over the years and other stories of comisarios refusing to be bribed. But the point is at the moment San Carlos has no comisario and the comandante and local police that work here in San Carlos have zero oversight. The following story is a fine example of what I mean. Even though the incident I am about to tell you was reported in by phone I can pretty much guarantee that there was no official report written on the call in. Thus officially the following incident never took place and thus officially San Carlos is a pretty safe place to live.

“Unofficially” at the beginning of the month a friend of mine who lives in the Ranchitos was sitting on his terraza while a small white Volkswagen was being chased by a Ford pick up truck. A passenger in the ford pick up truck was shooting at the Volkswagen with a pistol. Yes a real pistol. Not unlike any bad C rated hollywood movie you might watch on Netflick staring Adam Sandler or some other shitty actor. Mind you this all took place in broad day light. The problem is that this actually happened yet no body ever heard about it happening and thus if there was no report of it happening then, well…. it never really happened.

My friend immediately called the office of the comandante. He was told by the gal who answered the phone to stay inside his house. Wow there is some seriously great advise! No cops responded to the call. This isn’t bullshit, these events are real. Remember we have three measly patrol cars in San Carlos and mostly what these guys do is extort tourists for traffic violations. During the high tourist season in July, if you were so inclined and wanted to watch San Carlos’s finest in action, all you had to do was hang out in front of the Modelo Cerveceria right in front of the CI Banco to watch as luckless tourists were escorted to the automatic teller to pay their fines in cash to our local “Policia Turistica”. Serve and Protect baby, Serve and Protect!!

I am told by sources that the amount of drug dealing that goes on in the ranchitos has escalated in recent months. Not many people even know that the reason the fire station was closed here in San Carlos had less to do with funding and more to do with the fact that a local drug cartel was selling a shit load of “Crystal” right next to the fire station. After a dude got whacked right next to the Bombero Tecate Six it was decided it was too dangerous for the fireman to stay there so they left. Yep, the cops don’t do shit here for security of the community. It is common knowledge that during summer the robbery rate of houses in San Carlos increases by many factors. The local cops know when people are out of town, after all they are on endless patrol, that is what they do, they drive around town yet they never seem to ever catch any of the thieves. How can any of this be? Everybody knows this to be true yet we continue to allow it to happen.

Don’t believe for a minute that San Carlos is any safer than it was compared to July of last year when bodies were turning up by Nacapuli Canyon, shoot outs were happening on a monthly basis and drug dealers were dropping like fly’s, it was Bloody July. I would say that what ever agreement was drawn up between local cartels and the cops. You know the agreement that, “we the local authority, the good guys with the guns in uniform that is, will leave you, the bad guy narco cartel sicarios with the guns alone here in San Carlos as long as you,

  1. Stop having shoot outs here on the streets, I mean for Christ’s sake it’s a god damn “Zona Turistica” here!
  2. No more dumping of bodies in the desert within the border of San Carlos. I mean come on, don’t be so fucking lazy, dump the bodies a little farther away from where you live will ya!

It is only a question of time before that truce comes to an end because somebody didn’t get the fucking memo!

One last indicator of “Que tan jodidos somos aqui en San Carlos/Guaymas.”  Perhaps many of you are unfamiliar with thnarcomanta-guaymase term “narcomanta.” A narcomanta is a message, written on a piece of cloth or tarp and then displayed in a public area. The message is usually directed at the government or someone in government or law enforcement. Often the message is displayed over a bridge crossing. Narcomantas are associated with drug cartels and in the north specifically with the Zetas Cartel. This morning at 4:40 a.m. an anonymous call was placed to authorities in Guaymas calling attention to the first narcomanta that I am aware of to ever be placed over the Mira Mar bridge in Guaymas. There were actually two narcomantas and I have been unable to get the complete text of both of them. One of the narcomanta was condemning a local police chief for being in bed with drug dealers. Wow there is a revelation for us all.

Viva Mexico Cabrones!

 

 

3 Responses to Security is the last thing on the minds of Politicians in Guaymas; and it is with great regret I must say that San Carlos is less secure than ever

  1. Just read your post.Was thinking of moving out of Trumpland(I’m in AZ).Sounds like the”fourth estate”exists down there too.Anything improve since the post or has it become Zetaland?Maybe no difference in the long haul.

  2. As far as violence in San Carlos, “things” have improved. But Guaymas and Empalme and the areas around here are still quite bad. I have been out of town for a month or so and have not been paying attention to the level of cartel violence lately. I still believe that much of the violence is not published in media outlets.

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A meeting with Mayor Lorenzo DeCima is coming shortly; It won’t be pretty

First and foremost I would like to thank the individual who graciously donated a considerable amount of money to the Comite Pro Municipio 73. You have no idea how much you have helped the movement move foreward.

 

In my last post I talked about the state of the city annual report that Guaymas has now been published, here is the link, primer-informe-de-gobierno-lorenzo-de-cima and how local residents of San Carlos are going to publish their own state of the city address for San Carlos.  I  suggest anyone who knows anything about accounting take a look at it. The report has received harsh critique from many locals. The counter state of the city report has moved forward and soon will be ready to publish. When it is completed I will publish it in full but will not have time to translate it. A cheesy google translation will have to suffice for those who don’t speak Spanish and I have been told the document will be lengthy.

 

The knew news is that on the 24 of August the Comite Pro Municipio 73  submitted a letter to mayor Lorenzo DeCima demanding a meeting with him to discuss issues of great importance to San Carlos. The letter was signed by dozens of San Carlos residents. The mayor legally had 5 days to respond to the letter. Needless to say as I type this post Lorenzo DeCima has refused to answer the letter, which incidentally is a violation of Mexican law. Thank you Lorenzo! Why is Lorenzo afraid to meet with a few residents of San Carlos? Come on Lorenzo, even Otto Claussen came to San Carlos and spoke with locals, it is time to man up!!

 

It was recently announced in some of the media sites that Guaymas pays to produce propaganda for the city that some how the city of Guaymas has gotten it’s grubby mitts on a hold of 40 million pesos of either state or federal funding for development projects within the Municipio This press release may or may not be true but guess what?  Not one single centavo of that money, if it ever were to be allocated would be spent on anything in San Carlos. To add a little insult to injury it was also recently brought to my attention that the city of Guaymas generated 540,000 pesos in revenue due to the renewal of 9 alcohol permits in San Carlos. Not one centavo of this money will stay in San Carlos to improve anything. The money is gone like the wind.

I will remind everyone that San Carlos is still without a Comisario and here of course is where it will get interesting. Local acitivist’s and residents seem to be drawing a line in the sand over the Comisario issue. It remains to be seen what activists might do should the city of Guaymas choose to defy Mexican law and illegally impose yet another Comisario on San Carlos with out the proper protocol or requirements full filled.

So as San Carlos drifts along through life aimlessly with no one at the helm, no real security,  no help what so ever from the authorities that be and of course no money what so ever to make any kind of real improvements to the city I would not be surprised if while driving into town on any give day in the future if one should find the main road blocked leading into San Carlos; it might just have has something to due with all this!

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Hurricane Newton wreaks havoc in Guaymas and San Carlos

Hurricane Newton wreaks havoc in Guaymas and San Carlos

 

In the 26 years I have lived here I don’t believe I have ever seen real category 1 hurricane force winds, until hurricane Newton that is. Hurricane Newton certainly wasn’t a hurricane Jimena, but it was close. Wind meters at Marina Real were reported to register gusts of 70 knots. I thought I was pretty good to go for this storm. Our mono hull was brought in from the bay and securely tied town to C dock at Marina San Carlos. Our panga was secure on J dock and I installed an automatic bilge pump switch the morning before the storm hit to keep the boat from sinking at the dock. Our trimaran was on it’s trailer at the Marina Seca work yard getting some serious repairs to it’s port hull. The boat was facing East and there in lied the problem. It was also the first boat in the yard and located right next to the arroyo. Surely a 70 knot gust of wind tipped it over on its trailer windsplitter-on-sideand that was that. The boat was ultimately stable as it lied on it’s port hull. I lost about two months of work on her and for good measure have some extra damage to repair. I consider myself lucky actually. Many boats did not do nearly as well as Windsplitter. Two long time San Carlos charter boats were blown off their mooring’s. Bravo one of the first steel live aboard dive charter boats in San Carlos, built and captained by Vicente Castro, broke loose and ended up crashing into a stone dock on the west side of the bay. It looks like it won’t be salvaged and will be a complete loss. Musicat, the custom catamaran bravo-1that Bob Kuntz built here in San Carlos in the late 90’s ended up just north of Bravo. It remains to be seen whether the boat is repairable. The owner has not been seen in San Carlos for well over a year now.

musicat-ontherocksThere were about 15 boats that were knocked off their stands in the Marina Seca San Carlos. Several of them may be irreparable. There were far to many tangled masts, cracked hulls and complete dismastings for anyone’s liking. Marina Real also has plenty of carnage in their dry storage lot. It would appear there were 5 boats sunk at the Fonatur Marina Singlar in Guaymas and the most tragic of all an Ensenada Shrimp boat bound for Mazatlan tried to seek refuge from the storm in Cabo San Lucas but were apparently denied access to the API dock. The boat left port, capsized and all crew were reported dead. Two bodies washed up on the beach and three crew are still missing. One of the crew members was from Guaymas.newton-marina-seca-san-carlos

Electricity was restored to much San Carlos within 36 hours of the storm hitting but some in the Sector Bahia have endured much longer with out. Water has been another matter with some residents going up to 5 days or longer without water.

The toll on marine life is hard to judge. Many marine birds have died and at the moment we are trying to find someone to help us rehabilitate an injured pelican. At 2 a.m. in the morning I finally deemed it safe enough to drive down to the Marina San Carlos and double check all of our boats at the dock. It was stranded-pelicanthen I saw the pelican huddled down in the middle of the road right in front of Hambone. By the morning the pelican had moved to the large puddle in front of Castaway Kids and as I type this out our feathery friend is in the back yard of a vacant house down the street from us. We are looking for someone preferably with a house on Manglares who might be interested in hosting the bird. Drop me an email if anyone out there has some spare time on their hands!! vince@sancarlos.tv

I wish I could have been out and about sooner and gotten a decent report out for everyone far quicker. Newton will not be forgotten easily.

 

 

3 Responses to Hurricane Newton wreaks havoc in Guaymas and San Carlos

  1. I’ve been reading your story and pictures of the hurricane. How devastating! I’m curious how the pelican is doing.

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