Four foreign residents of the El Dorado condominium complex are facing criminal charges for fraud lodged against them by the owners of one of the residential villas situated on the grounds.
Through extensive investigation into the matter with various sources, the Reporter can confirm some basic facts of the case, including the arrest and subsequent release on bond of the president, secretary, treasurer and administrator of the villa condo association.
Three of these individuals were detained by Jalisco investigative police on Thursday, February 28. The fourth was picked up the following Sunday. All were held overnight at the regional Cenijure prison facility located on the eastern outskirts of Chapala while bond arrangements were in process.
Tight lips
Approached through third parties, the defendants have thus far refused to talk directly to this newspaper to give their side of the story. At press time, the final word from the spouse of one party was, “They do not want to divulge any information at this time.”
Luis Camarena, the contracted administrator for the entire El Dorado complex who coincidently holds a power of attorney for the plantiffs, did sit down for a lengthy interview to explain the opposing view. At that time he willingly revealed the names of four defendants, but would not identify the plaintiffs. Thus, all parties will remain anonymous until names and nationalities are fully confirmed through official sources.
The criminal case emerged as fallout from a variety of internal conflicts at El Dorado that have been brewing for several years, making up a twisted back-story requiring deeper exploration.
What is pertinent is the legal and administrative structure under which El Dorado operates. In contrast to most lakeside residential subdivisions, the complex was set up under what the Jalisco Civil Code defines as a condominio compuesto regimen, or mixed use condominium complex. That means there is one condo association overseeing the free-standing villa residences and a separate one for apartment and penthouse units in the residential tower, and a third entity made up of the administrators of the individual association and the general administrator of the complex.
Disputes concerning complex management and expenditures arising in 2011 prompted a number of villa owners to file a civil suit against the El Dorado development corporation, its real estate outfit and the private company that administrates the complex. Resolution on that case is still pending
Money matters
Pursuant to the civil suit, the villas association apparently began handling condo fees paid by property owners in that section, something Camarena asserts is beyond its faculties and authority. He says the owners of one villa questioned the condo officers’ involvement in money matters and requested reimbursement of their payment. Funds were not returned, despite warnings of potential legal action to resolve the matter.
Camarena explains that in filing a denouncement of fraud with the Ministerio Publico (MP or district attorney’s office) the Chapala lawyer representing the plaintiffs presented ample evidence, including copies of their cancelled check, a deposit slip showing it went into a personal account registered in the name of the officers and relevant correspondence between the two parties. After determining there was probable cause, the MP delegated the case to the Criminal Judge of Chapala. Following his analysis of the evidence, the judge issued an arrest warrant. Subsequently, on the basis of declarations taken from the defendants, he ruled to proceed with prosecution. The accused are now in the position of presenting contrary evidence to mount their defense.
So far the closest anyone has to getting the defendants’ version is an anonymous posting on the Lake Chapala forum at http://www.mexconnect.com. The unnamed spouse cited above called the information “factually accurate.”
The Reporter will continue following the case as new details emerge.