OUR NEIGHBOR’S CONSTRUCTION OF VILLA VEGAS DAVE II DESTROYED OUR HOME!!!

David Oancea, it burns me to type this, “allegedly”, destroyed our home. We have the evidence to prove it, but I was strongly encouraged to use that word, for now. This is going to be a multi-part series of what we’ve been through for the last several years.

(The photograph above is sourced from https://www.reviewjournal.com/crime/courts/vegas-dave-in-court-to-face-domestic-violence-charge/)

It began in October of 2017 when a man we know named Philip K Orr (see picture below) of Prestige Los Cabos Homes came to let us know that he had a new client (I personally didn’t learn the neighbor’s name until 2019) and wanted to give us a heads up that the project was large, and the excavation of the lot could take up to a year and a half. 

While I cannot pinpoint an exact day “they” actually began with the initial stages of the excavation, I can tell you that the only days of silence in December of 2017 were holidays and weekends.  Our family was here for the holidays so weekends and holidays were our only days of peace.  Here is the weird part, it is my understanding that David Oancea had not closed on the purchase of the lot until 2018 some people on the interwebs may know it as “Villa Vegas Dave II” so there is still some question as to WHO started working on the lot in 2017. 

 

To get an idea of the size of the excavation site highlighted in purple, I’ll first share a picture of it from an aerial view.

The next year and a half, this is what was happening across the street. You might have a better viewing experience of the video if you open it and watch it on YouTube with a little volume)

For those that do not know, Pedregal is made of granite.  Granite is one of the hardest rocks on the planet and I’ve read the only thing stronger is a diamond.  (I’ll get back to this in another segment because, in my opinion, Pedregal needs to change its rules) 

“The traditional Mexican method uses heat and cold to break up boulders. A space under the rock is excavated, packed with wood then set on fire. When it is hot, it is doused with cold water. The change in temperature causes the rock to split and break apart. Then the process is repeated. It could take 6 months to demolish a garage-sized rock this way. Nowadays, hydraulic chisels and expansion materials do the job.”

Rock Houses of Pedregal

At the beginning of 2019, we began to notice our home had started to develop cracks along the perimeter walls, the exterior stairs, my kitchen counter separated from the walls, the irrigation lines broke in the yard, etc That is when we contacted the Phil K Orr (the contractor) whom we have known for years. Phil K Orr was suddenly too busy to take our calls requesting that he come to see what damage his job site had inflicted on our home only replying to a series of text messages that he was too busy with clients.  

On April 12th, 2019, we attended a Board of Directors meeting with the Colonos del Pedregal. In advance of the meeting, we sent the entire “BOD” photographs in advance of the meeting via email.  The video below shows just a few of the many photographs emailed to them. For a better viewing experience, watch it full screen on YouTube.

During the meeting, we asked for assistance and guidance regarding the damage our home had suffered after failed attempts with the contractor Phil K Orr; the owner of Prestige Homes Los Cabos. 

We had also expressed our concerns that in addition to the vibrational damage, with the amount of rock removed from Mr. Oancea’s lot, there could be additional shifting as the mountain settles, as well as concerns about what will happen when his home is completed. We also brought up that when Mr. Oancea fills his swimming pool, the weight of the water could potentially cause additional shifting as there would be another weight displacement because it has been boasted to be the largest pool in Cabo San Lucas.  One of the “BOD” members named Zach shook his head in agreement and verbally acknowledged that this could get much worse. 

One person in the room during the meeting named “Paco” suggested that we go public, which in hindsight, is advice that should have been followed. We should have listened then but we were in the mindset that this could be handled in a private and reasonable manner. So we left feeling, mind you, this is a huge development (420 homes, 16 condo regimes, etc.) where so many neighbors boast what a wonderful community Pedregal is, that we were on our own. A member of the Architecture committee suggested that my husband hire an inspector.  The developers’ (Leticia Diaz Rivera of Coldwell Banker – Rivera) only concern was whether or not our pool was cracked. (It is). http://cabo.pedregal.com/agent/leticia-diaz-riverEDIT: WEIRDNESS … that page is suddenly a 404 error. Click here instead https://cbriveras.com/agents/leticia-diaz-rivera

In addition, there are several other homes that we are aware of that also have significant damage from this construction site, which is documented in official damage reports.  

That same day, not more than an hour later, a section of our home collapsed. This occurred on April 12th, 2019, and photographs were included in the video shown above. 

I also had my first and only public meltdown on the internet. Yes, I tagged Oancea and yes, he responded by blocking me.

In a future segment of this series, I will tell you how this affected our cats. #stresskills 

We hired an engineer and a seismologist who put together a report and that is when we contacted our neighbor via email directly.  He opted not to respond.  You can imagine our frustration.  Instead of working things out with us as neighbors, we were forced to hire the first of many attorneys.   Then we hired a second engineer. Both engineers had commented this is the worst case of gross negligence they had seen in 40’ish years.

Before we get into the next segment, yes, Oancea knew we were suffering vibrational damage to our home from the beginning.  I can only surmise that he didn’t care; I’m not a mind reader.  I am baffled why he would brush off our home being destroyed.  He did not respond to our emails, and we were told by people who tried to mediate that he said “Prove it in court”.

I will leave you with a gem before we continue with part 2 of our story. 

“Now it is the builder’s job to know and obtain this permit, but it is important that, as the owner of the property, you know what is necessary to stay in compliance with the law when building in Mexico. If the permit is not obtained, the fines and penalties will be on you and not on the builder. These fines can be up to $20,000 USD and can include the definitive cancelation of the construction and even jail time.”

https://www.easylegalmexico.com/building-in-mexico-a-guide-to-protecting-yourself/

Please subscribe to this blog for future updates which will include when we filed both civil and criminal lawsuits, the legal process, and just how badly our home looks present day. I wonder if the “BOD” from the HOA meeting stays up at night with our concerns on how much worse the damage to our family’s home could get, and has.