Tag Archives: La Yacata

Who owns what? Phase 6

leaning post

With the wires cut and stolen, the tension was reduced, but the posts were still leaning.

So another week or so passed. Then a group of men came and started marking the roads. We hadn’t sent them to do any measuring or marking and when the workers were asked who they were working for, it was “Ingeniero Ching” which led us to suspect Chuchi. They finished their lot markings,  all of manzana (section) 7-C which I knew to belong to one owner, not being Jesus, and went on their merry way.

Another week passed. We were out with the goats and happened across Chuchi with his plans and certificates. Seems he was making out new certificates for the lots he had marked. I called the owner and told his secretary that Chuchi was in this very moment selling lots. His brother arrived about 15 minutes later, then he himself, but Chuchi had already gone. They were both angry enough to go and visit Chuchi in his home.  Chuchi said that things would continue as they always had done and called the police on the brothers to have them removed from his home.

In addition to this, a man came the week previously to locate his lots. He had bought the lots from the engineer who put the tubes down for the sewer some 10 years ago. I checked the records and lo and behold, there was another registered owner. Seems Chuchi had given an entire section of lots to this engineer in lieu of payment. So I explained this to the man, who was angry, but decided he needed to go and straighten this out with Chuchi. So what happened to the money that the colonos (associates) paid for the work? Right into Chuchi’s pocket.

We have been working hard to contact the persons we know to be owners of land in La Yacata.  The son of the original owner decided to call a meeting, requesting copies of payments and certificates to try and find out how much money Chuchi had received.  Hopefully, we could use this proof to put a demanda (lawsuit) against Chuchi for non-completion of something or other.  My husband complains that we ought not to be working for free, but I felt that in the long run, we will benefit as members of the community there.  Volunteering doesn’t bother me, although personal funds were in mighty short supply just then.

Chuchi continued selling lots, even to calling and offering deals to prospective buyers.  A few have thought to investigate a bit further and been referred to us, so did not fall into the baited trap, but others either didn’t suspect or didn’t care.

Along the way, we had another community meeting and proposed that the original owner’s son be elected as president of the association.  As R had yet to register his presidency, this wouldn’t necessitate any additional paperwork, but might just be the motivation we needed to make some real progress.    In order not to completely alienate R and his cronies, we suggested that he be the secretary in place of el plomero, who really didn’t have time to devote to this endless stream of meetings.  Even so, R’s feelings were hurt.  I was unanimously reelected as treasurer.

It was quite a job organizing these receipts that come in, but we now had about 100 out of 650 that were more or less verified. We also decided that since Chuchi was still using the old certificates to sell and resell lots, that to protect our interests and the interests of the other rightful owners, we would issue new certificates signed by all members of the mesa directiva (community representatives).

The changing over of certificates took longer than expected. A full 6 months since we started and we were nearly half way through. The problem was contacting the owners. We had a tentative list of property owners and had made efforts through printed notices to contact those on the list, however, some had sold their lot, moved, or were currently in the US. Daily though, we had visitors to our house in La Yacata. Some on foot, some by moto, some by donkey or horse, some came on the bus, some in cars or trucks, and some have even come in taxis, just to visit us and bring their copies.

Then there was a problem with multiple owners of the same lot.  That has taken some doing to straighten out. We, or rather I, have had to tell a number of people that they had been defrauded and needed to register a complaint against Chuchi with the Ministerio Publico (Public Ministry) however, to date, I have yet to hear of any of these victims making a formal complaint.  It’s free, however, it is time-consuming, as is anything bureaucratic here in México.  There is also the fact that most of these owners are campesinos (farmers) and not well educated.  Some can barely write their own names.  To expose themselves and their illiteracy and the shame that they had been taken in by a glib talker, may be too much for them to do.  And so, those that have take more, and those that have not, continue to do nothing about it.

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Meeting with el contratista chueco Phase 5

leaning post domino effect

The fallen post with all its wires pulled on the rest of the posts in a domino effect, causing them to lean.

So el profe, R, the son of the original owner and I had a meeting. First, R started with the information that he had talked to the electric contractor in the presidency and had a list of requirements we needed, proof of work completed, authorization number, proof of payment, etc. We had already been to speak with him, so it really was redundant, but oh well.

The owner’s son tried to explain that el contratista more than likely had done the work without permission as he has never been in charge of projects, only an employee of the electric company. But R seemed not to get it. So we trooped over to el contratista’s office to ask for these documentation.

In el contratista‘s office, R began by asking for these documents, and el contratista wanted to know who had requested them. R gave the head guy’s name at the electric company, although they hadn’t been able to speak with him the last time they went. So el contratista admitted he had done the work but said he wouldn’t give us any documentation as he was still owed money. But he couldn’t say how much. And that he wouldn’t give us anything until he spoke with Chuchi as his contract was with Chuchi. He went on and on about professional ethics.

I was getting angrier by the moment and interrupted to ask whether his contract wasn’t with the people of La Yacata, but he was insistent that it was not. But I disagreed. It would be another matter if he had done work in Chuchi’s house, for example, then the deal would be strictly between him and Chuchi. However the work was done in La Yacata, a development jointly-owned by the property owners.

Then el contratista started to get more defensive. He made the statement that no one could obligate him to show his papers. I interrupted again. I said that we could obligate him. We could go to the Public Ministry, put in a demanda (lawsuit) against him, and he would be forced to show us the contract.

This shocked not only el contratista, but the other members of the committee. Seems that it was a social no-no, and el contratista went back to his professional ethics speech. R pointed out that Chuchi was not likely to pay him any money owed and asked why he would continue to believe that when it had been quite a few years that the work had been done, without full payment.

Apparently, el contratista was wealthy enough to not worry about getting paid or what he did was illegal and didn’t really expect to be paid fully. He made the statement that he didn’t want to start trouble and that if Chuchi didn’t pay, that’s ok. And that those that would be affected by a lien that he would level would be the people of La Yacata. Again I interrupted and said that we were people that lived in La Yacata, and we needed to know how much was owed so that we would know how much each of us had to pay. But he still didn’t want to name a figure. So I suggested since he didn’t want to give us any information, perhaps he would be willing to come to a community meeting and there present his bill to be approved for payment from the community members. He didn’t say yes. He didn’t say no.

He seemed particularly put out by R’s presence. He told R that what he was doing was wrong, but wasn’t specific. R took it to mean that having a new community council and stated that by law we were constituted. Then el contratista changed the subject. It made me wonder if R knew more about these dealings than he wanted to admit.

I was very angry about it as it was obvious there was no legality to the work done. El contratista as much as admitted it was a private deal between himself and Chuchi, and had nothing to do with the electric company. We were stuck in a position that really it would be better if he came and took away all the things he had done and leave it a clean slate to begin again. It’s probably better that I didn’t go along to any more of these sorts of meetings since I am not one to pussyfoot around the issue. I told as much to the owner’s son after we left.  I’m definitely lacking in the fine art of diplomacy.

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And down comes the rain. . . Phase 4

post on the ground

The cattle owner just built his fence over the post and let it lay where it fell.

R, who reminds me a bit of Ronald McDonald, was elected as the new president, however, I immediately had misgivings about him. He basically brought his own supporters to the junta (meeting) so of course, he would win. Majority rules. He was very focused on collecting from the colonos (associates), although I don’t know what he thought to collect for. The only cooperation we had asked for was 50 pesos per owner for office supplies and advertisements. His thoughts were random and scattered. And it turned out, he was a treasurer under Jesus’ regime, but they had a row and he quit.

Finally, but without R, we were able to meet with the electric contractor that worked for the presidencia (town hall). He hadn’t made it out to La Yacata for any sort of inspection as we had requested and when we went to see him at the presidencia (town hall) when he requested the governor of GTO was giving a rally speech or something and he couldn’t meet with us. So we returned the following day and were able to have the meeting.

However, I’m not sure that it was at all helpful. First, he said he needed the electrification plan, which Chuchi refused to give us. Then he told us it was a long and extensive complicated process and mentioned that he was so near retirement that he was tired. This wasn’t encouraging at all. He asked if we had escritoras (deeds) but again, he should know that we don’t because you can not have a deed until the lot has services which include electric, sewer and water. As we had none of those, we had no deeds. To me, it seemed he was putting the cart before the horse, but anyway. . .

So he said that we need the receipts of the posts and transformers and wires that are already in place, which of course we didn’t have.  He suggested we write the numbers on the posts down and possibly the factory that made the posts could give us some information about it.  The wires may be able to be reused as there had been no electric passing through them.  But the transformers would have to be taken down and sent to a lab to see if they were still functioning.  Additionally, he says that the new rule is that all wires must go underground, so the system we had in place was obsolete.  This seemed ridiculous because we already had the posts and wires and transformers and it was only a matter of updating what needs updating, repairing anything that needs repaired and turning on the electric, at least in our minds.  Then he intimated ominously that we would also need the “cambio de uso de suelo” (zoning change) to proceed and permission from Desorrollo Urbano, (zoning office) which he knew we didn’t have and hadn’t been able to get. He further went on to speculate that the change from agricultural to habitation may be more difficult that we would like to imagine since farming is considered ‘sacred’ in México. I found it hard to believe that the area that was still being farmed in La Yacata, which was plowed and planted and harvested by one elderly man, would be considered so sacred that the necessities of the families living there would not be considered, but who could say for sure.

Well, we did what we could. We copied the numbers off the posts and went to CFE, the electric company, and asked about them. They had no registration of any of the posts and referred us to the main office in Celaya. So another day trip to Celaya, who referred us to the contractor who had supposedly done the job, since their office had no record of a permit ever being issued nor work ever being completed. As el contratista was from Moroleón, we returned home, no progress made.

Two months after R’s election, he still hadn’t registered his presidency, probably because there was a cost involved and the La Yacata funds were non-existent at the time. So I took matters into my own hands again and went to see the son of the original owner.

We had met with him when J was still president to ask about what he knew about making La Yacata conform to current norms. He was polite and helpful. But we needed something more. He had a vested interest in the success of La Yacata as a good portion still belonged to his family. Furthermore, he was the contractor and president of several other developments, so knew how to obtain the proper documentation from the presidency, which seemed to have all of us stymied.

I don’t know what he was thinking when I went to his office to plead our case. There was so much I didn’t know about these things, both the legal and illegal aspects of it. So he started at the beginning. He explained how we would have to purchase water rights before we could even apply for the electric. That will cost about $10,000 pesos per lot. Seems expensive, however then the municipality would do all the work and it would be done right. But before he became overly involved, we would have to have another meeting and present both the information we obtained and the motion to remove the current president, who had done nothing thus far.

Meanwhile, it was rainy season in La Yacata. All the desert blossoms were nearly in bloom and the ground was covered in springy plants. Unfortunately, with the heavy rains and the fact that the electric posts were put in a swamp without any sort of base, one had fallen over. It pulled the rest of the wires and created an incredible tension on them, causing a domino effect with the other posts in both directions. The electric company didn’t bother to come out when we called because they have no record of posts being there.  Civil Protection did come, however, and move the posts and wires off the road, where it sits still.

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