On January 13, 2020, a group of Playa Azul homeowners, Azul Ocean Club Hotel, and the Sanctuary Condominiums formed a committee to investigate the possibility of bringing Fiber Optic Internet to the community. The committee consisted of Verena Castro - homeowner, Tim Johnson - homeowner, Phyllis Ayers - homeowner, Carl Becker - ACM, Tim Welch - Condo owner, and Manuel - Azul Ocean Club representative at the time. Several committee members met with representatives of ICE (Kolbi) and Coopeguanacaste multiple times. While Carl Becker was part of the What's App Internet group he refused to attend any meetings or participate in any way, claiming he had already done all this work months ago. He failed to realize that the situation was now significantly different than what he may have done a year ago.

• January 22 - met with Kolbi engineers, only Spanish was spoken, attended by Manuel from Azul Ocean Club, Tim Welch, and Don Ayers. Tim Welch accompanied the engineers on a tour of the condominiums to discuss and brainstorm the routes that might be followed for the fiber installation.

• January 27 - Tim Welch met with Coopeguanacaste (Spanish only meeting). The CG team toured the entire project and did an extensive walk through of the Condominiums to determine routes for the fiber to the buildings.

• February 29 - Received Kolbi proposal

• March 12 - Received CG quote

• March 12 - Internet Committee agrees that the CG quote is most advantageous. Cheaper, and all agree that CG will provide better service as the more local company.

• March 20 - CG begins working on project without a contract

• April 13 - CG finished and tested the main fiber distribution network and is ready to begin individual home and condo installations.

• April 15 - Luis Sibaja (attorney) confirmed the need for an association meeting to approve the fiber on property. Waiting to find out how that meeting needs to be done.

• April 16 - Gerson Alvarado did a walk through with Diego and Confirmed the routes for the fiber on property

Now that the Main Fiber Distribution Network is built and paid for, the next phase of this project for the condominiums is to get the fiber from the main distribution to each building. There is an additional cost for this, which at this time (if we go overhead) is outlined in the quote from CG below. If we choose to go overhead, this should be the final cost to the condominiums. (If the fiber is put underground, there will be additional cost to trench, purchase and install one inch conduit, build concrete access vaults, and cut access routes across existing concrete sidewalks.) It is the opinion of the treasurer that this amount (the CG quote below to install overhead) could be paid out of the current budget without having to assess the owners any other amount at this time. This can easily be accomplished if we were to choose to cancel Sky TV and use those budgeted funds to cover this additional cost.

The current issue facing the board is to determine if bringing Fiber onto the property, according to our bylaws, requires member approval. On April 16, 2020 Luis Sibaja, the HOA attorney was asked this question:

A committee comprised of home and condo owners have investigated options to upgrade the internet and telecommunications technology for our Playa Azul community. The committee uncovered a very willing team at Coopeguanacaste (CG) recently motivated to bring fiber optics service to our area at reasonable prices, both for the installation as well as the ongoing service. As you can imagine from your visits to the area and struggles with communication over the years, this a very welcomed change and one that all owners, home and condo alike, are ready to embrace.

Over the past 2 weeks, CG has installed the infrastructure along the public access road stretching from the main road to the beach utilizing poles and aerial cables (see photos and plan attached). The costs of this infrastructure were agreed to be shared between the home and condo owners. The next step brings the fiber from the public access across our common areas to each of our three buildings to enable connections to each of the units. CG is proposing to accomplish these connections in the same profile as with the public access installation – overhead lines supported by a few poles until the cable reaches each building.

The Board’s question for your interpretation of our condo Bylaws and subsequent advice is: Does the installation of the aerial cable/pole infrastructure across our common areas require approval by the entire ownership, or can the Board approve these permanent modifications as the governing body of the Administrator?

Since time is of the essence on the part of CG’s contractors, we would hope to have your direction on this question at your earliest opportunity. Depending on the answer, the Board will need some additional assistance with review of the CG agreement, etc.

Thanks in advance for your quick review and response to this question.

Attorney's reply

Clearly the poles, cables, and the rest of the infrastructure will be installed on common areas and for that reason it would be necessary to have an HOA approval. The board cannot give such approval.

Article 6, paragraph a) of bylaws prohibits the installation of any equipment in the Condominium, unless approved by the HOA.

Article 21 sets forth the powers of the Administrator, and there is no provision with respect to powers enabling the Administrator (the Association’s board) to make a decision in that regard.

Excerpt from our Bylaws

"The Owners are prohibited from: a) Making repairs, modifications, additions, or installing devices or artifacts that may in any way modify or alter the architecture, original distribution, decoration, or equipment of the Condominium if it is not previously authorized by the Assembly; b) Having pets that disturb the other Owners. Only one pet will be allowed per subsidiary property, as long as that pet already exists at the time of the formalization of the purchase of the subsidiary property. Replacement of those pets with others, once they die, will not be allowed; c) Installing, outside their subsidiary properties, or in the common areas, any type of materials, structures, or artifacts – such as for example, although not exclusively: antennas, wire to hang clothes, or garbage recipients- in places different to those previously designated to that effect, which may produce environmental or visual contamination, or may alter the architecture or exterior decoration of the corresponding subsidiary properties and/ or the common areas; "

PROJECT OVERVIEW for underground installation (Provided by ACM on 4-15-20)

BUILDING # 2

We have been told by Coopa that even if we go underground there would need to be a pole installed at the bottom of the hill near the electrical transformer on our property. The reason is to avoid going thru an area that is underwater in the rainy season and to avoid the Pender property. A concrete access box will be constructed at the base of the pole which will house the fiber going to Building # 2 and 1B, the fiber would run from new pole just installed near the lower carport to this new pole, from there we will run it thru the concrete box underground to the NAP under condo # 11. We would have to cut thru then repair the sidewalk and building apron to get to the NAP.

BUILDING # 1B

Fiber from that same new pole by building # 2's transformer will run thru the new box constructed up the Hill to connect to the NAP under Condo # 4/Condo # 3 ( to be determined by Coopa ), 2 - 3 concrete boxes to be placed along the route, path to avoid Pender property. The building Apron( and possibly the sidewalk ) would need to be cut then repaired.

BUILDING # 1A

We would need to run fiber from the Nap under Building # 1B then cut thru the building aprons of Buildings 1B to 1A, we would take the easiest direct route underground between buildings based on the NAP location in Building 1A.

BUILDING # 3

At least 1 concrete housing box built at the base of the pole by our electrical bodega, we will need to find out where all underground wires are from Coopa before digging. Fiber will be run from the box at base of the pole to Building # 3, possible under condo # 15, final location to be determined upon Coopa visit.

Estimated 90 - 100 meters of Trench to be dug - 5 - 6 concrete housing boxes constructed - Metal Covers for boxes made - 1 - 2 sidewalks, 4 - 5 building aprons cut then repaired ( Building # 3 still to be determined )

Labor will be by contracted crew, estimated time of project: 1 week. Labor includes all Ditches dug, Concrete Boxes and Metal Covers constructed, Conduit installed, Building Aprons and sidewalk cut into then repaired. After Coopa has run the fiber and given us the OK, the Ditches will be filled in. Adding rocks on top or marking the location of the trenches not in this estimate.

MATERIALS

HD CONDUIT - CONCRETE - SAND - REBAR - WOOD - METAL - PRIMER/RUST PROOF PAINT - 2 SHOVELS - COST + TAXES (est. ) - $ 1,300.00

LABOR - Entire project as outlined above. Contractor is responsible for his own lodging, providing the welding machine. Contractor will use our shovels. - $ 1,500.00

Estimated Cost of Project to bury all fiber underground if no surprises, changes in routes: - $ 2,800.00