In a groundbreaking ruling by the Jalisco Institute of Transparency, Public Information and Protection of Personal Data (ITEI), the president of Fraccionamiento San Juan Cosala Raquet Club A.C. (FSJRC) is under the gun for failing to comply with the requests of one of the subdivision’s property owners.
While the details of the case may appear irrelevant to many lakeside residents, the issues constitute a cautionary tale for other local homeowner associations, and indeed for any organization registered under Mexican law as a non-profit asociación civil.
Announcing the formal admonition against acting FSJRC Board President Rodrigo Armando Estrada Nuñez on June 7, ITEI President Cynthia Cantero stressed that it was the only decision of this type taken since transparency laws were enacted in 2015.
“This is the first time that the president of a civil association has been sanctioned,” she stated, noting that private parties who exercise authority are subject to penalties for denying obligatory information. Estrada could be subject to fines and even arrest for violation of the law in failing to comply with the ITEI ruling.
The case stems from a petition for a long list of information filed with the FSJRC board on February 24 by a lawyer representing homeowner Brian Keck. He asked for the full names and positions of all members of the board, the registry of property owners who are legal associates, minutes of prior board meetings, the registered act of the 2017 Annual General Assembly (AGM), and a copy of the contract with the Jocotepec municipal government regarding the concession of public services for the subdivision.