Chan Chemuyil: Some Homeowners' Concerns

(August 2012)

The article below is the express opinion of the author, Michael Cadue, and Sac-Be has been told that not all community members share these concerns ...

Chan Chemuyil is a community of approximately 248 small houses across from Xcacel Beach and next to the pueblo of Chemuyil. Four years ago these homes were bought by a developer, BG Realty, from the Mexican government for sale on the international market. All of the homes were sold very quickly and are now owned by Mexicans, Canadians and Americans. They were purchased from BG Realty. Chan Chemuyil has its own Homeowners Club and recently built a police station in the development for the Tulum police.

For four years some of the homeowners have been fighting to gain title to the properties they purchased, without success. It should be stated that there are a number of owners who do have clear title but for those who do not, it has been a nightmare of bureaucracy and court battles among the representatives of BG Realty. The bottom line is that many people do not have title. Some of the people who do have title have had to hire their own lawyers, at their own expense, in order to get their titles. Others have had to pay extra money to BG Realty in order to obtain title and some who have paid that extra money still do not have their title.

Only one of the representatives of BG Realty is still in contact with the buyers; three others have left and have not taken any responsibility for the plight of the homeowners. The one representative that stayed has made it clear that he believes he has fulfilled his mandate to the community but still promises that the homeowners will get their titles.

Presentation has continually been made to notarios and lawyers, who worked for BG Realty, but to no avail. When it looked like all matters had been solved and the titles were on their way, a hold was put on the property titles by Hacienda (we would know them as the IRS or Revenue Canada). This was done for nonpayment of business taxes by BG Realty. So, although the homeowners are led to believe that their titles are ready and waiting, they can't be released by the Department of Title Registry, in Playa del Carmen, until those taxes are paid. It is possible for Hacienda to seize the homes, without title, for nonpayment of taxes by the developer and to be sold at auction.

In order for this not to happen non-title homeowners would have to file suit against the developer. That will not be cheap and does not ensure a positive outcome for those who have been waiting for years for what is rightfully theirs.

So what are we to learn from this awful situation? Some would say that due diligence was not practiced by the homeowners. (I do not believe this, being a homeowner in the community.) Others would say this is an example of the kind of scam that goes on in Mexico and elsewhere all the time. Maybe! I would like to know, whatever happened to honour and integrity among people doing business?

In the end the answer is moot and a number of good people may lose a large monetary investment and their faith in others.

Chan Chemuyil in 2008

Chan Chemuyil
Casa del Cielo