This topic has been one of the most important and most criticized topics in the US. So, I decided to find out how legal is "Same Sex Marriage in Ecuador" or if it even exist!
I must ratify that I am straight, and if I am writing about this topic is only for informative purposes only. My points of view about Same Sex Marriage are not the ones of those support them. However, from my part, they will be treated with the same respect as anybody else.
In April of 2008, The Republic of Ecuador aproves a new Constitution that recognizes Same Sex Unions (Art 68) and states the following:
"The stable and monogamous unions between two persons, free of matrimonial bond, whom form a de facto couple, since the time and under conditions and circumstances that the Law provides, will generate the same rights and obligations that families build through the bonds of marriage, are holding"
The part that the Constitution does not support has to do with Adoptions ratifying that "Adoptions will only correspond to couples of different sexes"
The Ecuadorean President, Rafael Correa spoke openly about this part of the "Constitution of Monte Cristi", stating the following:
"Let me ratify that the humanistic position of this government is to respect the intrinsic dignity of everyone, of every human being, independently of their creed, race, sexual preference. We will provide certain guarantees to stable same sex couples but the bonds of matrimony will remain reserved for a man, a woman and the family"
"Every person has dignity, and this means that, one must respect a person regardless of their sexual preference. Be careful not to deny employment to someone because of their sexual preference. That will be discrimination, and that is unconstitutional."
As most of you have probably noticed, my blog is about promoting Ecuador, and promote my properties for sale to the world. And maybe this could be the answer for those same sex couples to fulfill their life as a couple, maybe not under the bonds of marriage, but with the same rights and obligations of a married heterosexual couple, such as, buying and notarizing real estate transactions together, bank accounts, inheritances, etc.
Check out one of my favorite listings, located in Vilcabamba, or as most expats and foreign residents call it: "The Valley of Longevity. It includes a virtual tour of the property: http://QuintaEsencial.com
Saturday, March 30, 2013
Monday, March 25, 2013
Sunday, March 24, 2013
Investors are paying attention to Crucita
Investors felt relieved when President Correa vetoed the proposed Tenancy Bill, clearly stating that "the Bill was badly designed". Crucita is a fishing village, not a very concurred destination during weekdays, getting some visitors during the weekend, and not many foreign visitors either.
Are the few expats who reside in Crucita hiding something?
As I stated, Crucita is a fishing village, and maybe one of the main tourist attractions is the paragliding site. But the town hasn't seen that much progress for years.
So, why there's so much attention developing in this underdeveloped fishing villa? Well, the small fishing villa would not longer be a fishing village. There's plans for their relocation, thus freeing some beach front.
And here is where the seasoned investors know that it's the right time to invest, and of course, they are doing it quietly.
Crucita has the most beautiful beaches in Ecuador, and my camera and I have witnessed the most beautiful views. I haven't been near Crucita or Manabi for over twenty years, since my father past away, he was a Manta resident.
Maybe the new highway was the old dusty road where my dad taught me how to drive an old pick-up truck. I don't know! I was maybe 11 years old. All I know is that that old dusty road used to join Manta and Portoviejo.
I was shooting two Virtual Tours when my camera captured this beautiful views.
I invite you to take a look at this property and it's surroundings by clicking here: http://tours.VirtuoMedia360.com/36648
I invite you to take a look at this property and it's surroundings by clicking here: http://tours.VirtuoMedia360.com/36648
Tuesday, March 19, 2013
New Tenancy law vetoed by Correa
Ecuadorean President, Rafael Correa, vetoed the proposed Tenancy Law in it's entirety saying that "the bill has been poorly designed"
The proposed bill consisted in setting limits for the amount of rent to be charged by the landlord and its based on the municipal assessed value of the property.
If the assessed value of a property is $100,000, then the 10% of its value equals to $10,000, you divide this amount by 12 months, which equals to $833. This is the maximum monthly rent allowed according to this bill.
The other controversial part of this bill had to do with the warranty deposit. The norm has been the equivalent of up to two months of rent.
The proposed bill stated that the maximum deposit to collect shall be equal to up to two months of rent and shall not exceed $159 per month, or $318 for the maximum deposit. So, if we use the previous example of $833 per month, your maximum deposit allowed by the bill would be $318 which in fact, is based on the minimum monthly salary, giving a big disadvantage to owners of high end rental properties. This refundable deposit is destined to cover property damages in case the tenant refuses to repair damages to the property. But what if the damages exceed the set value?
According to the new bill, the warranty amount shall not go to the landlord, but to a municipal bank account assigned by the Banco Nacional de Fomento ( a state bank). The intention about this account is good in my personal opinion, because it protects the renter from dishonest landlords and landlords of dishonest tenants as well. The part I don't like is that of the deposit has to be given to the Municipality. In my opinion, The Municipality of Quito's bureaucracy will be the greatest obstacle for either landlord or tenant whenever is time to get such deposits back! This public entity is known for turning a simple process into a nightmare! However, the creation of an entity designed to withhold these deposits combining mediation services in case of disputes is vital. An escrow account company well regulated by the Superintendency of Banks and not just for rental deposits, but security deposits for purchasing real estate as well... Otherwise, we will see cases like Union Constructora over and over again!
In other countries like some states in the United States, Real Estate practices are well regulated. When it comes to purchase a property, the buyer leaves a deposit. The broker's obligation is to deposit the money into an escrow account. It is against the law to deposit this money in the broker's personal account. If for any reason the transaction ceases and after a mediation process then, and only then, the escrow company will distribute the monies to the affected party, including the broker if necessary.
The proposed bill consisted in setting limits for the amount of rent to be charged by the landlord and its based on the municipal assessed value of the property.
If the assessed value of a property is $100,000, then the 10% of its value equals to $10,000, you divide this amount by 12 months, which equals to $833. This is the maximum monthly rent allowed according to this bill.
The other controversial part of this bill had to do with the warranty deposit. The norm has been the equivalent of up to two months of rent.
The proposed bill stated that the maximum deposit to collect shall be equal to up to two months of rent and shall not exceed $159 per month, or $318 for the maximum deposit. So, if we use the previous example of $833 per month, your maximum deposit allowed by the bill would be $318 which in fact, is based on the minimum monthly salary, giving a big disadvantage to owners of high end rental properties. This refundable deposit is destined to cover property damages in case the tenant refuses to repair damages to the property. But what if the damages exceed the set value?
According to the new bill, the warranty amount shall not go to the landlord, but to a municipal bank account assigned by the Banco Nacional de Fomento ( a state bank). The intention about this account is good in my personal opinion, because it protects the renter from dishonest landlords and landlords of dishonest tenants as well. The part I don't like is that of the deposit has to be given to the Municipality. In my opinion, The Municipality of Quito's bureaucracy will be the greatest obstacle for either landlord or tenant whenever is time to get such deposits back! This public entity is known for turning a simple process into a nightmare! However, the creation of an entity designed to withhold these deposits combining mediation services in case of disputes is vital. An escrow account company well regulated by the Superintendency of Banks and not just for rental deposits, but security deposits for purchasing real estate as well... Otherwise, we will see cases like Union Constructora over and over again!
In other countries like some states in the United States, Real Estate practices are well regulated. When it comes to purchase a property, the buyer leaves a deposit. The broker's obligation is to deposit the money into an escrow account. It is against the law to deposit this money in the broker's personal account. If for any reason the transaction ceases and after a mediation process then, and only then, the escrow company will distribute the monies to the affected party, including the broker if necessary.
Monday, March 11, 2013
Quinta Esencial
Here is a preview of this wonderful property in Crucita I went to shoot on March 1st.
The virtual tour is going into their website just like the one in Vilcabamba
Front
Endless Jacuzzi
Friday, March 1, 2013
Aeroservicios ground transportation
8:28 AM: As I mentioned yesterday, I am on my way to Crucita. It has been about twenty years since I've been in the province of Manabi. It's around 8:28 am and the Aeroservicios bus has just left the old airport. The driver just announced that traffic in Tumbaco is heavy due to an accident in "El Chiche" bridge. When I went to Loja to shoot QuintaEsencial ( http://quintaesencial.com ) my trip from home to the airport was less than 20 min with heavy traffic. I did have an inconvenient: Loja airport was closed so I had to land in Cuenca airport and take a 4 hour bus ride to Loja. I must admit, I am afraid of bus rides, but so far everything is going well. At least we left Quito 2 minutes before the schedule departure time.
9:35 AM: Ok, we've have arrived at the New Mariscal Sucre Airport, 25 minutes before scheduled. So far, so Good!
12:35 PM: If it's too good to be true, then....???? Yes, the flight was 40 min late.
So, today, the bus service gets an A+ and TAME, the airline gets a B-. They could have gotten a B+ but, Ecuador is a coffee producing country, and when I asked for a cup of coffee during the flight, I got a cold cup of pre-made instant coffee from a coffee pot! Oh! and pre-sugared for you! Thank God I am not a diabetic because it was extremely sweet!
9:35 AM: Ok, we've have arrived at the New Mariscal Sucre Airport, 25 minutes before scheduled. So far, so Good!
12:35 PM: If it's too good to be true, then....???? Yes, the flight was 40 min late.
So, today, the bus service gets an A+ and TAME, the airline gets a B-. They could have gotten a B+ but, Ecuador is a coffee producing country, and when I asked for a cup of coffee during the flight, I got a cold cup of pre-made instant coffee from a coffee pot! Oh! and pre-sugared for you! Thank God I am not a diabetic because it was extremely sweet!
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