From Roberto Ramos:
IMPORTANT NOTICE
Re: Condominium Costa Esterillos Estates Assembly
Dear All,
As you may already know our firm ZURCHER ODIO & RAVEN is representing some of the homeowners at Costa Esterillos development for this Condominium Assembly, and some of you have already become our clients.
We made our best efforts to represent a bridge of communication between all the home or lot owners, the Developer Costa Developers and the Candidate for Administrator Nova Group, and we will continue our efforts in this line regarding and protecting always the interests of our clients.-
We had the chance to review many of your emails, and the information that you shared with the group and some of you have become very important sources of information to the group and to us to look for the best solutions to all.
Regarding the review of all the information, including your email comments, the call made by Nova Group, the bylaws of the Condominium and the in force law of Condominium Property.
We believe that the formalities required by the current Costa Rican regulations for a call of Assembly of Condominium, are not fully observed for this Assembly (Oct 01, 2010), and as consequence of this situation to celebrate the assembly may cause the nullity of the Assembly if is contested by someone with legitimate interests (that may be any of the home / lot owners).
According to the bylaws the notification of the call should be performed to all the home/lot owners and some of them did not receive it properly, recently yesterday we reviewed the call sent by email to the home / lot owners, thanks to the shared information of one of the lot owners in CEE, and we additionally detected that place of celebration of the assembly is incorrect, among other details.
The call indicates “edificio Portico” and the correct information should indicate “Edificio Los Balcones”, which is the agreed place to the assembly. As many of you also may know we agreed to share one of our meeting rooms with the homeowners, Costa Developers and Nova Group to celebrate the Assembly of the Condominium in our offices located in San José, Guachipelín de Escazú, Corporate Center Plaza Roble, Los Balcones building 4th floor, offices of Zurcher Odio & Raven, Meeting Room 1
We apologize for taking this information with so short term before the celebration of the Assembly but the call was not sent to us by Nova Group and it was one of the homeowners who shared this information with us recently.
Furthermore, and due to all the efforts made for everyone to be represented in this assembly, we will maintain our offered meeting room to all Costa Esterillos home/lot owners, and Costa Developers and Nova Group to gathered and discussed all the items that have come up through this email this past few days in order to have an organized list of aspects and decisions to be discussed in the formal Condominium Assembly (called with all the dully formalities and information) for upcoming months
We will also inform of this situation to Costa Developers and Nova Group for them to take the measures they may consider appropriated, in case of celebrating the assembly despite of our recommendation we will be taking the corresponding actions on the assembly.
We believe this meeting of next Oct. 01st, 2010, will allow the all the parts to settle agreements, share their point of view, be correctly informed of the other part actions or expectations and have the chance to discuss all the aspects that should be comply and finished, according to the possibilities and compromises of the Developer, before taking agreement in Condominium Assembly.-
We will share this exact comments with Nova and Costa Developers and we hope the understand our position and agree to participate with us in the meeting this Friday, with all the home / lot owners of Costa Esterillos Condominium that want to personally participate of the meeting and all the home/lot owners who want to be represented by the attending participants.-
As a matter of order, we recommend you keep the procedure of sending Power of Attorney to us, to your designee, or to Nova in order to have clear representation in the Assembly if you are not attending personally, and to have prove of your representation on this meeting.-
Please if you have further question or need any assistance to be represented in this meeting for us, do not hesitate in contacting us.-
Best Regards,
Roberto Ramos Ch.
Plaza Roble, Edificio Los Balcones | San José, Costa Rica
Tel: (506) 2201-3809 | Fax: (506) 2201-7150
roberto.ramos@zurcherodioraven.com | www.zurcherodioraven.com
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