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	<title>Bays Islands Honduras &#8211; P&Auml;Y&Auml; The Roatan Lifestyle Magazine</title>
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		<title>The Mysterious ‘Declarant’</title>
		<link>https://payamag.com/2019/02/22/the-mysterious-declarant/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=the-mysterious-declarant&#038;utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=the-mysterious-declarant</link>
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		<dc:creator><![CDATA[Keena Haylock]]></dc:creator>
		<pubDate>Fri, 22 Feb 2019 22:15:09 +0000</pubDate>
				<category><![CDATA[Perspective]]></category>
		<category><![CDATA[Straight Talk]]></category>
		<category><![CDATA[Bays Islands Honduras]]></category>
		<category><![CDATA[Declarant]]></category>
		<category><![CDATA[Developers]]></category>
		<category><![CDATA[Home Owners Associations]]></category>
		<category><![CDATA[Keena Haylock]]></category>
		<category><![CDATA[Property Law]]></category>
		<category><![CDATA[Roatan]]></category>
		<guid isPermaLink="false">https://payamag.com/?p=6111</guid>

					<description><![CDATA[<p><img width="800" height="533" src="https://payamag.com/wp-content/uploads/2020/02/photo-keena-hoa-roatan-bay-islands-b.jpg" class="attachment-post-thumbnail size-post-thumbnail wp-post-image" alt="" decoding="async" fetchpriority="high" srcset="https://payamag.com/wp-content/uploads/2020/02/photo-keena-hoa-roatan-bay-islands-b.jpg 800w, https://payamag.com/wp-content/uploads/2020/02/photo-keena-hoa-roatan-bay-islands-b-300x200.jpg 300w, https://payamag.com/wp-content/uploads/2020/02/photo-keena-hoa-roatan-bay-islands-b-768x512.jpg 768w, https://payamag.com/wp-content/uploads/2020/02/photo-keena-hoa-roatan-bay-islands-b-128x86.jpg 128w, https://payamag.com/wp-content/uploads/2020/02/photo-keena-hoa-roatan-bay-islands-b-600x400.jpg 600w" sizes="(max-width: 800px) 100vw, 800px" /></p>Here on the lovely Roatan we have many gated communities that have common grounds, pools, waterfront, beaches, lagoons, palapas, marinas, docks, and roads.]]></description>
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<figure class="wp-block-image size-large"><img decoding="async" width="800" height="533" src="https://payamag.com/wp-content/uploads/2020/02/photo-keena-hoa-roatan-bay-islands-b.jpg" alt="" class="wp-image-7471" srcset="https://payamag.com/wp-content/uploads/2020/02/photo-keena-hoa-roatan-bay-islands-b.jpg 800w, https://payamag.com/wp-content/uploads/2020/02/photo-keena-hoa-roatan-bay-islands-b-300x200.jpg 300w, https://payamag.com/wp-content/uploads/2020/02/photo-keena-hoa-roatan-bay-islands-b-768x512.jpg 768w, https://payamag.com/wp-content/uploads/2020/02/photo-keena-hoa-roatan-bay-islands-b-128x86.jpg 128w, https://payamag.com/wp-content/uploads/2020/02/photo-keena-hoa-roatan-bay-islands-b-600x400.jpg 600w" sizes="(max-width: 800px) 100vw, 800px" /></figure>



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<span class="eltdf-dropcaps eltdf-normal" >
	H</span>ere on the lovely Roatan we have many gated communities that have common grounds, pools, waterfront, beaches, lagoons, palapas, marinas, docks, and roads. The developer is typically responsible for maintaining these areas, but when this developer goes missing, that opens a whole can of worms. In the “civilized world” typically the shared spaces or common areas in a private community are managed by a <a href="https://en.wikipedia.org/wiki/Homeowner_association">Home Owners Association.</a></p>



<p>Trouble starts when a development goes under, other developer simply walks away after getting, or not getting his investment back. The 64-thousand-dollar question is who then becomes the person in charge of maintaining the common areas and collecting the fees for the water and electric to the homes and especially shared spaces.</p>



<p>Honduran <a href="https://en.wikipedia.org/wiki/Patronage">patronatos</a> are community organizations regulated by law that serve the people of a community and coordinate with them to build amenities such as water wells, community centers or sports arenas. The municipality is involved in the funding and decision making to determine if the petitions by the patronato are feasible and necessary. If, however, a community is private, locked behind gates with guards, it is under the rule of a single “<a href="https://en.wikipedia.org/wiki/Declarant">Declarant.</a>”</p>



<p>In this case, a different law applies the condominium law. Previously it was called the horizontal property law. That law sets the ground rules for ownership of condominiums and shared spaces. It stipulates the payment of fees and the manner the building, or buildings will be managed. It stipulates if and when the home owners will take over management of these common areas.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow"><p><em>Be wary of new and flashy developers who have no real skin in the game. </em></p></blockquote>



<p>There are so many grey areas in this law that one become confused trying to decipher it all. There aren’t any clear guidelines in the event of a dispute with the developer and the law does not set out a process how to handle such disagreements. Many projects on Roatan went bankrupt after the US market crashed and the Honduran “<strong><a href="https://en.wikipedia.org/wiki/2009_Honduran_coup_d'%C3%A9tat">coup</a></strong>” of 2009 took place leaving people who bought land or condos in these developments holding the bag. The banks took over these properties and have done little or nothing to maintain, or secure the properties from looters.</p>



<p>There are developments that existed on the island long before the laws caught up to the reality. There are internal covenants and restrictions filed with titles to developments that directly contradict the current laws. These conundrums often end up in court and you all know my opinion of the court system so let’s not go there.</p>



<p>I’m writing this as a warning and as a person who lives under a HOA and not under the rule of a single “declarant.” In other words: “be careful where you purchase.” Make sure the project has a long history of great relationships with the owners and the developer and make sure the history of the upkeep of the common areas is decent.</p>



<p>Be wary of new and flashy developers who have no real skin in the game. Some developers have noprior real background in real estate development and are out for the quick buck. Read the fine print on those covenants and restrictions and make sure there is a property management office you can walk into to get answers. In my case it made a world of difference between my previous living conditions and my current one.</p>
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		<title>Adventures of Dampier</title>
		<link>https://payamag.com/2019/02/22/adventures-of-dampier/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=adventures-of-dampier&#038;utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=adventures-of-dampier</link>
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		<dc:creator><![CDATA[Jon Tompson]]></dc:creator>
		<pubDate>Fri, 22 Feb 2019 22:14:16 +0000</pubDate>
				<category><![CDATA[Jon's World]]></category>
		<category><![CDATA[Perspective]]></category>
		<category><![CDATA[Bays Islands Honduras]]></category>
		<category><![CDATA[Henry Morgan]]></category>
		<category><![CDATA[History]]></category>
		<category><![CDATA[John Coxen]]></category>
		<category><![CDATA[Jon Tompson]]></category>
		<category><![CDATA[Roatan]]></category>
		<category><![CDATA[William Dampier]]></category>
		<guid isPermaLink="false">https://payamag.com/?p=6115</guid>

					<description><![CDATA[<p><img width="800" height="533" src="https://payamag.com/wp-content/uploads/2020/02/photo-2-jono-dampier-roatan-bay-islands-1-b.jpg" class="attachment-post-thumbnail size-post-thumbnail wp-post-image" alt="" decoding="async" srcset="https://payamag.com/wp-content/uploads/2020/02/photo-2-jono-dampier-roatan-bay-islands-1-b.jpg 800w, https://payamag.com/wp-content/uploads/2020/02/photo-2-jono-dampier-roatan-bay-islands-1-b-300x200.jpg 300w, https://payamag.com/wp-content/uploads/2020/02/photo-2-jono-dampier-roatan-bay-islands-1-b-768x512.jpg 768w, https://payamag.com/wp-content/uploads/2020/02/photo-2-jono-dampier-roatan-bay-islands-1-b-128x86.jpg 128w, https://payamag.com/wp-content/uploads/2020/02/photo-2-jono-dampier-roatan-bay-islands-1-b-600x400.jpg 600w" sizes="(max-width: 800px) 100vw, 800px" /></p>One of the most illustrious and capable of all the privateers to visit Roatan was Captain William Dampier. He sailed to the islandin 1679 when he was 28. He had just met John Coxen on a logwood cutting mission in Belize.]]></description>
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<figure class="wp-block-image size-large"><img loading="lazy" decoding="async" width="800" height="533" src="https://payamag.com/wp-content/uploads/2020/02/photo-2-jono-dampier-roatan-bay-islands-1-b.jpg" alt="" class="wp-image-7458" srcset="https://payamag.com/wp-content/uploads/2020/02/photo-2-jono-dampier-roatan-bay-islands-1-b.jpg 800w, https://payamag.com/wp-content/uploads/2020/02/photo-2-jono-dampier-roatan-bay-islands-1-b-300x200.jpg 300w, https://payamag.com/wp-content/uploads/2020/02/photo-2-jono-dampier-roatan-bay-islands-1-b-768x512.jpg 768w, https://payamag.com/wp-content/uploads/2020/02/photo-2-jono-dampier-roatan-bay-islands-1-b-128x86.jpg 128w, https://payamag.com/wp-content/uploads/2020/02/photo-2-jono-dampier-roatan-bay-islands-1-b-600x400.jpg 600w" sizes="auto, (max-width: 800px) 100vw, 800px" /></figure>



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<span class="eltdf-dropcaps eltdf-normal" >
	O</span>ne of the most illustrious and capable of all the privateers to visit Roatan was <a href="https://en.wikipedia.org/wiki/William_Dampier">Captain William Dampier.</a> He sailed to the island in 1679 when he was 28. He had just met <a href="https://en.wikipedia.org/wiki/John_Coxon_(pirate)">John Coxon</a> on a logwood cutting mission in Belize.</p>



<p>Coxon had settled on Roatan taking over <a href="https://en.wikipedia.org/wiki/Henry_Morgan">Henry Morgan&#8217;s</a> position as head of the Bretheren of the Coast &#8211; a highly organized group of British, Dutch and French pirates. Coxon was planning an ambitious expedition across the Darien gap in present day <a href="https://www.google.com/maps/place/Panama/@8.3788373,-81.2266117,8z/data=!3m1!4b1!4m5!3m4!1s0x8fa61583c8be2be3:0x79eee04d1fa59bcf!8m2!3d8.537981!4d-80.782127">Panama</a> to raid Spanish seaports along the Pacific coast of South America. He had done that before and enjoyed great success. </p>



<p>The  expedition was to last two years and Coxon and Dampier sailed to <a href="https://www.google.com/maps/place/Port+Morant,+Jamaica/@17.8981968,-76.3387585,15z/data=!3m1!4b1!4m5!3m4!1s0x8ec4b6f78942b235:0x45c16ae3e71fed0f!8m2!3d17.8961425!4d-76.331889">Port Morant</a>, Jamaica to pick up supplies and rendezvous with several other top line captains who would accompany them. These captain included <a href="https://en.wikipedia.org/wiki/Bartholomew_Sharp">Bartholomew Sharp</a>, <a href="https://en.wikipedia.org/wiki/Cornelius_Essex">Cornelius Essex</a>, <a href="https://en.wikipedia.org/wiki/Richard_Sawkins">Peter Sawkins</a>, <a href="https://en.wikipedia.org/wiki/John_Watling">John Watling</a>, <a href="https://en.wikipedia.org/wiki/Peter_Harris_(buccaneer)">Peter Harris</a> and Robert Allison.</p>



<p>They left Jamaica on January 17, 1680 and they almost immediately ran into gale force winds that scattered the fleet. Most of the ships managed to find their meeting point at Boca de Toros and proceeded to move on  Portobello, and successfully sacked the town. Shortly thereafter, Coxon and Sharp intercepted a small Spanish eight-gun ship proceeding from Cartagena. Amongst the loot was a wine jar with 500 gold doubloons hidden inside, which Coxen decided to keep for himself. This caused great unrest amongst his crew. </p>



<p>Coxon lost further respect after taking the village of Santa Maria and killing 70 Spaniards. He decided that the risk of further provoking the Spanish combined with the rigors of crossing Panama by foot, were not worth his trouble and decided to abort the entire mission. The other captains fired Coxon from commandeering and placed Sawkins in charge of the expedition. Coxon returned to Jamaica and then to Roatan, using it as a base to attack Florida the following year. </p>



<p>The other pirates completed the forced march to Colombia and immediately stole three boats, including the 400 ton Santisima Trinidad, which was renamed the Trinity and proceeded to raid up and down the coast for a year. The Spanish sent out most of their Pacific based South American fleet to look for them.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow"><p><em>Coxon had settled on Roatan taking over Henry Morgan&#8217;s position.</em></p></blockquote>



<p>Sharp and Watling, with Dampier as navigator, decided to hole up in the <a href="https://www.google.com/maps/place/Archipielago+Juan+Fernandez/@-33.6613702,-78.9365326,15z/data=!3m1!4b1!4m5!3m4!1s0x96ff960743fcf705:0xbc0fda55ff8fbd01!8m2!3d-33.6613889!4d-78.9277778">Juan Fernando islands</a>, 400 miles off the coast of Chile. On board the boats were several Misquito Indians, hired as crew, cooks, fighters and fishermen. The Misquitos had a great reputation as fishermen andit was said that two Indians could provide enough seafood for one hundred men. </p>



<p>While the <a href="https://en.wikipedia.org/wiki/Miskito_people">Misquitos</a> were foraging for food and water on the main island, three large Spanish ships appeared on the horizon. With trouble approaching, Watling decided to depart immediately. All the men made it back to the ships except one called Will. Will was reluctantly left behind, even though Watling moored his ship on the far side of the island to wait for Will until the Spanish presence demanded they leave.The expedition continued, with Watling being killed three months later on an attack on the town of Atica, Peru.</p>



<p>Although Coxon&#8217;s big raid had been a financial success, he was branded a coward and had lost three of his best captains to the Spanish: Sawkins, Harris and Watling were killed. Dampier also left the group, returned to the Caribbean, and three years later returned to Juan Fernando Island on a mission to complete the first circumnavigation of the globe. He also wanted to find Will, whom they eventually found cooking goats on the beach. Dampier commented that he had never seen anyone so pleased to see him.</p>



<p>By an incredible coincidence, 20 years later, another castaway,<a href="https://en.wikipedia.org/wiki/Alexander_Selkirk"> Alexander Selkirk</a>, was part of another of Dampier&#8217;s adventures, acting as ship&#8217;s fitter on the Cinq Ports ship. Feeling that the ship was unseaworthy, he asked permission to be put off on Juan Fernando. Indeed Cinq Ports soon-after sank. </p>



<p>Selkirk, like Will, lived off  feral goats and spiny lobsters for four years and four months before being rescued, again by the 58 year old William Dampier, this time acting as pilot for a Woodes Rogers expedition. The writer Daniel Defoe combined the stories of Will and Selkirk, to act as his models for Robinson Crusoe and Man Friday. This great story would never have been written had it not been for William Dampier. </p>
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