Puerto Vallarta Rentals Blog

Monday, April 12, 2010

By Barnard R. Thompson

Just a little more than a year ago Mario López Valdez, a Mexican senator who represented the state of Sinaloa, proposed an amendment to Article 27, fraction 1 of the Political Constitution of the United Mexican States, an initiative that sought to ultimately allow full-fledged ownership by foreign nationals of land in Mexico’s so-called “restricted zone.” That would include coastline properties within the 50 kilometer [31 miles] strip inland, and 100 kilometer [62 miles] inward land from its northern and southern international borders.[1]

Beyond those restricted areas, Mexican law already permits foreigners to own property outright as long as certain conditions, that do not trouble many people, are met.

The bill submitted by López, while being a beginning was in fact too narrow in scope, and next it went to the senate’s Constitutional Issues, and Legislative Studies, committees, where thereafter it seemed to wither on the vine. And it appeared dead when Senator López (who is popularly known by the acronym “Malova”) stepped down from his seat last month, to run for the governorship of Sinaloa.

Sidebar to the land ownership question, Malova asked for the requisite leave of absence from the Senate in order to run for governor. However not as the candidate of his party, the Institutional Revolutionary Party (PRI) [2], for he resigned from the PRI and was promptly drafted to be the National Action Party’s (PAN) candidate, in a deal obviously struck beforehand with party bosses. Yet at this writing many of the PAN faithful in the state are rallying against the party naming “a PRI candidate,” and a voto nulo campaign (a call to mark ballots in a blank square and thus they become nulo — null and void) has been developing ever since Malova began his pre-candidate campaign on March 27. PAN members in Sinaloa will elect their gubernatorial candidate on April 18, and the state elections will take place on July 4.

However, getting back to property ownership matters, a new and far more comprehensive initiative was introduced in the senate on March 9, 2010, cosponsored this time by eight senators (six from the PAN; one PRI; and one Convergence). Three of the Panistas are from Baja California, with the other three representing Sonora, Sinaloa, and Veracruz; the Priista is from Nuevo León; and the Convergencia member hails from Oaxaca.

And this bill, that seeks to end the constitutional prohibition on direct foreign ownership of property within the restricted zones, cuts straight to the chase, saying in its preamble: “The proposal is to eliminate the restricted zone and make it possible for foreigners and foreign companies to acquire direct control over lands and waters without more restrictions than those indicated in the legislation that may become applicable, and in compliance with the terms of the respective contracts. …”

Fundamental to any change is the need to first amend the Mexican Constitution, specifically the aforementioned Article 27, along with several other laws and regulations. And such actions always bring about arguments regarding sovereignty, foreign intervention and national security.

Speaking on behalf of the eight who introduced this latest initiative, Senator Javier Castelo Parada (PAN, Sonora) said that to abolish the prohibition on foreigners owning land in the restricted zone would “in no way harm sovereignty and national territory, [or] legal properties it may protect, and [its] justification is no longer valid.”

Article 27 of the Mexican Constitution, which deals with ownership of lands and waters inside Mexico’s borders, states in the relevant first paragraph of fraction 1: “Only Mexicans by birth or naturalization and Mexican companies have the right to acquire ownership of lands, waters, and their appurtenances, or to obtain concessions for the exploitation of mines or waters. The State may grant the same right to foreigners, provided they agree before the Ministry of Foreign Relations to be considered as nationals with respect to said properties, and not to invoke for that reason the protection of their governments in matters relating to the former; under penalty, in case of noncompliance with the contract, of losing to the Nation the properties that they might have acquired in virtue of the same. Under no circumstances will foreigners be able to acquire direct ownership of lands or waters within a zone of one hundred kilometers the length of the borders and fifty kilometers on the coasts.”

The latest draft initiative, to amend Article 27 of the Mexican Constitution, changes fraction 1 (first paragraph) to read as follows: “Any person has the right to acquire ownership of lands, waters and their appurtenances, or to obtain concessions for the exploitation of mines or waters, in the terms of applicable secondary legislation.”

The introductory portion of the bill goes into historical details, noting that restricted zone stipulations were included in the 1917 Mexican Constitution based on worries of new colonialization attempts by foreigners, and due to military concerns regarding strategic defense. These and other factors related to sovereignty and national security are said to be obsolete and unnecessary today.

It also discusses the fideicomiso, Mexico’s bank trust instrument that in one form or another has been in place since 1937. After real estate is put in a fideicomiso, today the trust holders can use the property as if it were their own.

In 1971, during the first year of the presidency of Luis Echeverría Álvarez, fideicomisos went through a major change that authorized the Foreign Ministry to grant banks and credit institutions authority to acquire trust real estate in the border or coastal zones for industrial and tourism use. And they were authorized to grant permits to foreigners for the exploitation and use of those properties through the issuance of a 30-year trust.

Since then, and for the most part to encourage foreign investment, the fideicomiso rules and regulations have been extended to allow beneficiaries a 50-year trust, which can be renewed by the interested party.

Furthermore, modern day fideicomisos, for homes, tourism developments, maquiladoras, industrial parks and other uses, have proven to be not only popular but too profitable, and the trust holders have demonstrated they are good “citizens.” This to the degree to debunk negative claims and concerns regarding sovereignty, foreign intervention and such, insofar as restricted zone properties have virtually been in the hands of foreigners for years.

Regarding property ownership in the restricted zone, amendments will also have to be made in other laws, codes and decrees, such as the Foreign Investment Law of 1993 (and its Regulation) that, in part, parrots the Constitution in Articles 10 and 10A. These reforms are addressed in the draft initiative.

Also considered is the need to eliminate the “Calvo Clause,” with respect to property ownership in the current restricted zones, in those documents and contracts where it may appear. The Calvo Clause is a provision under which foreign investors waive their rights to be protected by their national laws and accept the jurisdiction of the courts of the host country. In the case of Mexico, when the Calvo Clause is in force foreigners agree to consider themselves Mexican nationals with respect to their rights and obligations in Mexico, and they consent not to call upon their home governments to intervene on their behalf.

One legal chapter that quite probably will not be changed is Title Four, Article 119, of the General National Properties Law that governs Mexico’s Federal Maritime Land Zone. While this is not of great consequence, it is important to know that shoreline and beach property up to 20 meters inland from the mean high tide line is federal property. And while concessions can be obtained for use of the land adjacent to property owned (or held through a fideicomiso) by an individual or company, this 20-meter Federal Maritime Land Zone is public domain.

Finally, as to restricted zone trusts currently held by foreign investors, and Mexican companies with an admission of foreigners clause in their trust agreements, a closing provisional clause in the bill notes that they will be able to acquire ownership of their properties when this decree goes into effect, in accordance with the terms of the new and applicable legislation.

All of these issues are discussed and contemplated in the draft legislation now before the two committees of the Mexican Senate, and the broadened sponsorship of the bill suggests that this time the legislation might move forward. Still, in Mexico almost everything takes longer than one was told to expect.

As for Senator Castelo, he said that approval of this initiative to allow foreigners ownership of land in today’s “restricted zone” would bring in investment that creates much needed jobs, plus it would promote Mexico’s competitiveness. These positives plus shots in the arm for tourism, economic development, and maybe even optimistic publicity.

[1] “Mexico Might Allow Foreign Ownership of Coastal Property,” by Brian Flock, MexiData.info, March 9, 2009

[2] “Wrongdoing Claims Surface Quickly in Mexican Campaign,” by Barnard R. Thompson, MexiData.info, January 25, 2010

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Barnard Thompson, editor of MexiData.info, has spent 50 years in Mexico and Latin America, providing multinational clients with actionable intelligence; country and political risk reporting and analysis; and business, lobbying, and problem resolution services.

Puerto Vallarta, Mexico, popular resort, offers visitors an overwhelming variety of attractions and recreational activities and a vibrant nightlife. Added to the joy comes in staying in a rental villas Puerta Vallarta (you can find them on the Web by searching for “Villa Puerto Vallarta), and you have everything you need for a perfect holiday. Here is a selection of the many opportunities for fun in the sun to help, your stay will be delightful.

Puerto Vallarta has a long list of sights, so long in fact that your card from day trips can before you commit yourself.

Walk along the Malecon and visit El Centro

See “Our Lady of Guadalupe “Church, a famous local landmark

Take a trip to see the city, such as Tequila Tequila is made

Join with wild (and funny!) pirates for a trip aboard the El Marigalante

Visit the local animal Zoo in nearby Mismaloya

Puerto Vallarta is ideal for active people who get out and enjoy the surroundings like. Be sure to wear the right clothes, and make sure you bring your bathing suit, so many popular activities include boating, swimming and playing in the water.

buckle up and enjoy parasailing on Banderas Bay

Learn to Surf Beach at Sayulita.

Rent a bike and cruise along the Rio Cuale, or take a bike ride through the jungle

Lace up your boots and hike to the hidden beach Los Colomitos’s

Visit Splash Water Park and fly the water slides

There are not enough hours a day to provide for nature lovers, that all has to offer in Puerto Vallarta. Start with getting a list of your favorite activities to get the most from your visit.

by bus to the Botanical Garden by Mismaloya.

Hang out at the Rio Cuale bridge with the iguanas.

Go deep sea fishing in Banderas Bay.

Enjoy the underwater world snorkeling along the coast south of the city.

Visit the beautiful waterfalls on Quimixto Yelapa or on horseback.

Many people who visit Puerto Vallarta, you take advantage of the great bars and nightlife. Once in the city,

Salsa at the J & B Club.

Stop in at Andale! Enjoy being in the bar at all times of the day, party hard at night along the Malecon.

Enjoy a drink and watch the Marina from the top of El Faro Lighthouse Bar

Sip a mammoth margarita while relaxing or chewing on some ribs Café de Olla.

Catch ‘Happy Hour’ at La Playa near Playa Conchas Chinas.

Puerto Vallarta is perfect when you take a step back from the bustle and enjoy some quiet relaxation.

relax on the beach with a frosty drink in a bar on the beach Los Muertos

Spend They compete your time on a deserted beach on the coast of Nayarit

Watch professional golfers on a fabulous courses Vallarta

Enjoy a meal in one of the city making a lot of good restaurants

With so much to offer and still has more, now is the perfect time to reserve a villa in Puerto Vallarta and plan your perfect visit to this beautiful Mexican seaside resort.

Despite the increase in drug-related violence, a closer look at Mexico shows that the country is actually safer than what headlines suggest. As a whole, Mexico’s murder rate is surprisingly low: 12 homicides for every 100,000 inhabitants. When compared to Washington, D.C.’s 31 people per 100,000 inhabitants and New Orleans 64, the numbers aren’t cause for concern if you know where to avoid.

According to the State Department’s warning, these are the places you should take extra caution:

Ciudad Juarez
The “Deadliest City in the World” has seen 130 murders per 100,000 inhabitants. More than 2,600 people were killed in Ciudad Juarez in 2009.

Gomez Palacio, Durango, and Torreon
Each of these cities has seen sharp increases in violence. In late 2009 and early 2010, four visiting U.S. citizens were murdered in Gomez Palacio.

Chihuahua, Sinaloa and Northern Baja California
These areas have seen spikes in the number of robberies, homicides, petty thefts, and carjackings.

Tijuana and Nogales
Along with Ciudad Juarez, these cities have experienced public shootouts during daylight hours in shopping centers and other public venues.

Nuevo Laredo and Matamoros
Criminals have followed and harassed U.S. citizens traveling in their vehicles in these areas and in other border cities such as Tijuana.

Monterrey & Highway Travel
Travelers on highways from Monterrey and other parts of Mexico to the U.S. have been targeted for robbery and violence.

Puerto Vallarta, Mexico – All of the great cities of the world have a celebrated Farmers’ Market where locals and tourists can find the freshest of vegetables, hand-crafted artisanal foods and handicrafts: London has Covent Garden, Seattle has Pike Place Market, Vancouver has Granville Island, New Orleans has the French Market and now, Puerto Vallarta, has the Old Town Farmers’ Market. Every Saturday, starting March 27, from 10 am to 1 pm, the new Paradise Community Center located at Pulpito #127 (across from Coco’s Restaurant) will come alive with the sites and smells of a good old-fashioned Farmers’ Market.

Only the freshest and finest fruits and vegetables, herbs and plants, preserves, coffee, organic products, baked goods (including diabetic and gluten free) and crafts will be available for sale. Come browse the colorful tables showcasing unique homemade products all fresh from the oven or field. Just imagine the rich aromas from the lavish displays: warm baked goods, tangy fruit, freshly roasted coffees and fragrant herbs. Now you can experience this blend of fresh shopping and entertainment every Saturday in Old Town Puerto Vallarta.

If you have a product that you would like to sell and are interested in becoming a vendor, please e-mail [email protected]. Please include your contact information and details about your product.

Join us every Saturday, starting March 27, from 10 am to 1 pm at the new Paradise Community Center located at Pulpito #127 (across from Coco’s Restaurant) for Puerto Vallarta’s own Old Town Farmers’ Market — a true thrill for the senses.

Grab your girlfriends and get away to a surf camp in Mexico just for women. Watching surfers enjoy the waves on a perfectly sunny day can make a beach bum a little jealous, especially when the weather is getting warmer and vacation is top of mind. Why not mix vacation with learning something, like surfing, and come home just as relaxed as if you spend the entire time lounging on the beach?

Check in to Las Olas surf camps for women, touted as a reverse finishing school with the motto, “We make girls out of women.” Classes are held beachside in a small village north of Puerto Vallarta, Mexico, and students stay at luxe villas and get fresh local cuisine for breakfast. Each day begins with yoga, an essential warm up for a good day of surfing. After the sun and surf fun are over for the day, students can take workshops on Spanish language, making margaritas, salsa dancing and more. There’s always time to wander through the town and shop, or just relax and take a siesta.

With sweet extras included during your six-night safari, like airport transfers, a one-hour massage, orientation and finale dinners, a rash guard and water bottle (surfboards are also included, of course) — Las Olas is like a surf/spa week for the girls, or just yourself. How often do you come back from vacation with a new hobby, and have so much fun while learning it?

Although there was a great uproar in the stock market, the real estate market in Puerto Vallarta was never really greatly affected. People still consider buying a condo for sale in Puerto Vallarta in the prime locations and the business continues to flourish in full swing. The tourism industry is witnessing a steady rise in profits with tourists coming in more than ever before.

To match their needs for more accommodation, the condos and villas are being newly constructed along the beaches of PV. Most of the travelers love to stay in independent condos instead of the expensive hotels so that they have privacy and the entire family can enjoy the closeness that they get in their own homes.

Modern Amenities

Your search for Puerto Vallarta real estate for sale will only end when you get the perfect condo for your needs. Most of the condos available for sale are superbly furnished with all the ultra-modern decorations. Since most of the tourists are Americans and Canadians, the condos are also built along the lines of the houses that these tourists expect.

There are spas and Jacuzzis which these travelers are used to in their home countries. The bedrooms have soft beds and the kitchens have all the necessary culinary equipments. But the view from the terraces is one which PV can alone provide to its customers. The spectacular sight is to be seen to be believed.

Take the Help of Realty Agents

Buying a condo for sale in Puerto Vallarta is not an easy job. When you arrive here and are impressed by the lifestyle here, you cannot think of anything better than to settle down here. But finding the right condo can be time taking and difficult. However, this job can be made easier by the most helpful realty agents who have complete knowledge about the layout of the place and the condos which you can buy.

After first understanding your needs, they can suggest properties which will fulfill your needs. Since their job is to maintain a database of available properties for sale, they can help you make the right decision.

Select the Location

There are condos everywhere in PV. Whenever you are on the lookout for Puerto Vallarta real estate for sale, you have to first identify the location where you would like to buy the condo. Most of the people are generally young and prefer to stay near the beaches.

The condos are very close to the water side and you can take a walk down to the beach and lay down to give yourself a suntan. These condos are always in high demand and you can give it out on rent when you leave PV for some time. The condo will be well taken care of.

Enjoy the Local Scenery

Some people love to come to PV to loiter in the beaches and enjoy the scenery here. But they want a quieter setting to stay. They might want to run their business from here or even write a book inspired by the hot locales here. The condos toward the golf courses are ideal for such people because they are away from the busy atmosphere and yet provide a tranquil setting. Purchasing a condo for sale in Puerto Vallarta can be centered on such places for these people.

Makes Retirees Proud

The retirees are usually very proud of the condos they buy in PV. When they start searching for Puerto Vallarta real estate for sale, all they focus on is comfort and enjoyment. They also prefer to have the market very near to the condos so that they can walk down to buy their necessities. Looking at the varying needs of the customers, the builders are taking into account every single aspect to deliver only the best condos which every buyer can be proud of. The beauty of PV is of course the added bonus.

In recent years, there has been a substantial increase in people looking for a condo rental in Puerto Vallarta
. The number has not decreased even at the wake of global slow down. The city is too attractive to be easily overlooked. So, several groups, families, individuals flock in to spend some memorable time here.

This is not limited to holiday or peak tourist seasons, you can find people crowding almost any time of the year. The place simply bustles with happy cheer throughout the time with people coming with a desire to spending a vacation that turns out to last life long. There are various reasons why people want to spend their life, not only retirement, in this island city.

Spectacular Destination

This Mexican town has proved to be a top tourist destination among the travelers visiting this country. A lot of them take a condo rental in Puerto Vallarta. As a tropical beauty, PV is very popular among the holiday makers at North America.

Whether you like tall stupendous dark green forests with lot of flora and fauna or deep blue ocean with a crystal like sandy beach, PV has plenty of both. Located between the Banderas Bay and the San Sierra mountains, it is literally an artist’s fantasy. Everything seems so perfect like a dream sequence when you spend you time here.

Contemporary Living Standards

PV offers all modern amenities that you are used to availing of back home so that you feel at home. Puerto Vallarta condo rentals are so well-decorated, well-furnished, air conditioned and equipped with essentials that have made it impossible to resist as contemporary living facilities. Adding to this you can even have telecommunication as well as 24 hour broadband connection to stay in touch with the world.

You also get your own private kitchen with all modern gadgets like the microwave, dishwashers, refrigerators and kitchenware that help you cook your own food. If you want you can even have personal staff to take care of your cleaning and cooking.

When you opt for Puerto Vallarta rentals, you also get to park your motor boats or cars in safe parking lots provided by the condo owners. You hardly ever feel you are out of your own city or home for that matter.

Trouble-Free Transport

Even though PV has retained its old world charm, as the city has been a popular tourist destination, there has been significant growth in the infrastructure of the city. It is pretty easy to travel down from one place to another. There are various options that you can choose to travel in and out of PV.

If you belong to the neighboring states, then it is easier than ever to travel back and forth. Just throw your luggage into your SUV and drive down by road to reach the condo rental in Puerto Vallarta. There are many flights that can take you back to your residing city as if you just had been to your back yard. The port also allows motor boat owners to reach the city via water which is always a pleasure.

With all these facilities and not to mention the private clubs and spas your stay will be luxurious and comfortable. If you are an adventurous person, you can live your dream of water sport, mountain trekking or such other extreme sports. The world class golf fields attract golfers from around the world. Puerto Vallarta rentals give you the feeling of living in a home away from home in the true sense of the term.

By BUD KENNEDY

My heart sank last weekend when I turned on the radio after a beautiful weekend in San Miguel de Allende, Mexico.

“My family doesn’t go to Mexico anymore,” a morning-show host said just as I was unpacking a necktie from the Fabrica la Aurora design market.

“Absolutely not,” his sidekick chimed in. “No Mexico for us!”

The hosts agreed that Mexico is just too dangerous and violent and that no sane person would go there.

I guess that leaves me.

True, last weekend was one of the most horrible in memory for violence in Ciudad Juarez and along the border. The 50 people killed included two Americans in Juarez tied to the U.S. Consulate. One was pregnant.

But 800 miles south in San Miguel, it was a peaceful weekend. Mariachis sang Las Mananitas at midnight in the garden outside the cathedral. More than 200 wedding guests enjoyed a ceremony and fireworks show where the only threat came from a few falling embers.

Look, no matter what you hear, the U.S. has not warned citizens to stay out of Mexico.

The State Department warning says to stay out of Chihuahua, Coahuila and Durango — particularly Juarez.

At any given time, about 500,000 Americans are visiting Mexico. According to the State Department, 79 Americans were killed there last year, 23 of them in Juarez.

Mathematically, that means the rest of Mexico is safer than Dallas or Houston. It’s four times safer than New Orleans.

Just stay away from the border.

Juan Hernandez, the Fort Worth Republican who served in former Mexican President Vicente Fox’s Cabinet and later in Arizona Sen. John McCain’s presidential campaign, said Friday that Mexico is heartbroken over the killings.

“All over the country, newspapers are saying this has brought a level of outrage that had not existed before,” Hernandez said by phone from Washington, D.C., where he will speak today at the March for America immigration protest.

He said it’s “not fair” to blame crime on Mexico: “These are international organizations.”

President “Felipe Calderon is risking his own life fighting the drug dealers,” he said. “Mexico is in a great battle to stop this from spilling over into the United States.”

He and his family also love San Miguel.

But his brother Francisco Hernandez, a Fort Worth lawyer, said friends are now warned not to visit neighboring San Luis Potosi.

“Nothing about this is new,” Francisco Hernandez said.

“The criminal element is not new. The drug dealing and the violence are not new. All that’s new is the level of attention.”

Juan Hernandez said he’s glad that Gov. Rick Perry enacted a border safety plan last week, sending helicopters and improving communication between county sheriffs and state law officers.

“Gov. Perry is a great friend to Mexico,” Juan Hernandez said.

“Mexico needs friends in this war.”

That, too, is nothing new.

Bud Kennedy’s column appears Sundays, Wednesdays and Fridays. 817-390-7538

Puerto Vallarta Real Estate is currently one of the prime choices in terms of Mexico Condos, and also an excellent choice for various other types of Mexico Properties. While economic conditions are only slowly picking up, this means that excellent property price reductions are still available in the Puerto Vallarta area. While slower market conditions can mean that extra care is needed while buying, an experienced, qualified real estate agent can help a buyer find the right condo with a reputable developer, or a re-sale; in either case, 2010 is still providing the ideal conditions to find properties priced to sell.

Puerto Vallarta has been growing as one of Mexico’s prime choices for Americans and Canadians both for tourism and as an ideal place to re-locate to a beautiful beachfront city with an ideal climate. Besides continuously warm weather – never getting cold, or too hot – and the beautiful beaches on Banderas Bay, surrounded by amazing mountain views, Puerto Vallarta is very close to the U.S.; a short trip by car, or an even shorter flight (only a couple of hours) to most U.S. or Canadian cities will get you to Puerto Vallarta, or, as the case may be, back north, once this this beautiful corner of Mexico’s beachfront is your new home.

These advantages worked together to make the Puerto Vallarta a thriving real estate market. They are also the conditions created Puerto Vallarta’s condo boom a few years back. This boom, combined with the recession created a large supply of condos available on the market. While it is entirely correct to notice that this large supply of new condos in an economic slow time can require added care for buyers, the same situation creates ideal opportunities for excellent prices.

The key is to know the difference in what to look out for, and to recognize an excellent deal when you see one. How can you as a buyer know this? The most important step is to find the right agent. The right agent will have years of experience, with hundreds of transactions. This experience will be backed by official training and certifications. This combination of experience and certifications will allow your agent to help you identify these very important differences; this agent will know and be able to research the reputations of developers, check references, and seek out ideal re-sale condos and properties which suit your needs. While the final choice is yours, and there is no “magic answer,” or 100% guarantee, having the right agent will greatly increase your chances of making the real estate purchase that is right for you, and safe.

This will allow you to take advantage of some once-in-a-lifetime opportunities for condos that are worth considerably more. And on top of that, it will be in Puerto Vallarta – the ideal place to live.

Take a look at this new blog about Puerto Vallarta http://puertovallarta-info.info