CONSUMER COMPLAINT AND REQUEST FOR INVESTIGATION

Submitted by U.S. resident property owners pursuant to the Arizona Consumer Fraud Act, A.R.S. § 44-1521 et seq.

TO:
Office of the Attorney General of Arizona
Consumer Information and Complaints Unit
2005 N. Central Avenue
Phoenix, Arizona 85004

DATE:  July 23, 2026

COMPLAINANTS:

[LEAD COMPLAINANT NAME] — United States citizen, resident of [CITY], [STATE], owner of Unit [UNIT NO.], [CONDOMINIO / POLÍGONO], La Ventana del Mar, San Felipe, Baja California, México — Concord account no. 9000-XX-XXXX
[ADDRESS], [CITY], [STATE]  |  [EMAIL]  |  [PHONE]

Joined by the additional United States resident owners listed in Attachment A, each of whom owns a unit in the La Ventana del Mar condominium regimes and has been billed through the Arizona servicing arrangement described below.

RESPONDENTS (PARTIES COMPLAINED OF):

1. José de Jesús Olmos González — removed condominium administrator (San Felipe, Baja California, México). Identifying information: Date of birth: September 9, 1959 (born in Jalpa, Zacatecas, México); CURP: OOGJ590909HZSLNS01; Clave de Elector (INE credential): OLGNJS59090932H700 (vigencia 2021–2031, sección 0396); occupation: public accountant (contador público); telephone: +52 686 946 4937; email: [email protected]; last known address: Avenida Privada Bonita No. 131, Fraccionamiento San Pedro Residencial, C.P. 21254, Mexicali, Baja California, México. Source: notarial identification records (escritura pública) and INE credential copy therein
2. James Patrick Butler — on information and belief, a United States citizen; the developer of La Ventana del Mar and controlling party of the developer entity, San Felipe Beach Club, S.A. de C.V.; the party who appointed Mr. Olmos as administrator; respondent in pending Mexican proceedings concerning fee waivers on approximately 362 properties owned by the developer entity; on information and belief, he refuses to recognize the lawful removal of his appointee and acts in concert with Mr. Olmos in the continued collections through the U.S. banking system described below.
3. Asociación de Condominios La Ventana del Mar, A.C. — entity controlled by Mr. Olmos
4. San Felipe Beach Club, S.A. de C.V. — the developer entity, controlled by Mr. Butler
5. Concord Servicing, LLC — 4343 N. Scottsdale Road, Suite 270, Scottsdale, Arizona 85251 — the Arizona payment servicer through which we are billed and through which our payments are collected and processed

I.  SUMMARY OF COMPLAINT

We are United States citizens and residents who own condominium units in the La Ventana del Mar development in San Felipe, Baja California, México. For years we have paid our condominium maintenance fees in U.S. dollars through Concord Servicing, LLC in Scottsdale, Arizona. We recently confirmed that the party for whose benefit those payments are collected — the administrator, Mr. José de Jesús Olmos González and his entities — was lawfully removed from office on October 24, 2025, by vote of the owners' assembly, a removal that is protocolized and inscribed in the public records of the State of Baja California. Despite that removal, we continue to be billed through the Arizona servicer as though nothing happened, and in recent weeks we have begun receiving telephone calls demanding payment of the same unauthorized assessments. Money is being taken from us, in and through Arizona, by a party with no legal right to collect it.

II.  FACTS

1. La Ventana del Mar comprises seventeen condominium regimes (Condominios Beach Club 1–6, Condominios 7, 9-A, 9-B, 9-C, 10, 11, 12-A, 12-B, and Polígonos 13, 14, and 16). A substantial portion of the unit owners are U.S. citizens and residents.
2. Each of us is billed for condominium maintenance and related fees through Concord Servicing, LLC in Scottsdale, Arizona. Our accounts are identified in Concord's system by numbers in the format 9000-XX-XXXX. We pay in U.S. dollars; our payments enter the U.S. banking system in Arizona and are thereafter remitted at the direction of Concord's principal.
3. On October 24, 2025, the General Assembly of condominium owners, convened in Extraordinary Assembly under the Ley sobre el Régimen de Propiedad en Condominio de Inmuebles para el Estado de Baja California, voted to remove Mr. Olmos and/or Asociación de Condominios La Ventana del Mar, A.C. and/or San Felipe Beach Club, S.A. de C.V. as administrator (36 votes in favor, 1 abstention), and appointed a new administrator, the Asociación de Propietarios "La Ventana del Mar", A.C. (35 votes in favor, 1 abstention).
4. The removal and new appointment are matters of public record: protocolized in Escritura Pública No. 7,708, Volume 144 (December 15, 2025, Notary Public No. 2, Playas de Rosarito, B.C.) and inscribed in the Registro Público de la Propiedad y de Comercio in Mexicali under Partida No. 6,072,531 (December 26, 2025). The registry inscription, with English translation, is submitted with this complaint (Exhibit 1).
5. Since October 24, 2025, the Respondents have had no legal authority to bill or collect any amounts from us. Nevertheless, billing and collection through the Scottsdale servicer has continued without interruption, and we have continued to be charged.
6. On information and belief, Respondent James Patrick Butler is the developer of La Ventana del Mar and the controlling party of the developer entity, San Felipe Beach Club, S.A. de C.V., and is the party who appointed Mr. Olmos as administrator. Mexican court proceedings are pending against Mr. Butler, Mr. Olmos, and San Felipe Beach Club, S.A. de C.V. concerning fee waivers granted to the developer entity on approximately 362 properties. Notwithstanding the lawful removal of his appointee by the owners' assembly, Mr. Butler, on information and belief, refuses to comply with the applicable condominium law, refuses to recognize the removal, and acts in concert with Mr. Olmos in continuing to collect owner funds through the U.S. banking system as described in this complaint.
7. In recent weeks, the collection effort has escalated: owners, including owners in the United States, are receiving telephone calls demanding payment of the same unauthorized assessments.
8. On July 23, 2026, the new administrator transmitted a formal legal notice to Concord Servicing — to its General Counsel/Chief Compliance Officer and its Compliance Manager, by email, FedEx, and certified U.S. mail — attaching the public-record proof of removal and demanding suspension of collections, segregation of funds, an accounting, and preservation of records (Exhibit 2). We are not aware of any confirmation that collections have been suspended.

III.  WHY THIS OFFICE HAS JURISDICTION

The deception is delivered to us, and our money is taken from us, through Arizona. The billing statements are issued by an Arizona company; our payments are received and processed at an Arizona address; and the core misrepresentation — that the party billing us is our lawful administrator entitled to collect — is communicated to us through, and monetized by means of, the Arizona-based servicing operation. On information and belief, affected owners include Arizona residents; in any event, the instrumentality through which every one of us is charged is located in Scottsdale.

IV.  VIOLATIONS COMPLAINED OF

1. Arizona Consumer Fraud Act, A.R.S. § 44-1521 et seq. — Billing and collecting condominium fees from us under the false representation that the biller remains our lawful administrator constitutes deception, misrepresentation, and the concealment, suppression, or omission of a material fact (the October 24, 2025 removal, a registered public record) made with intent that we rely on it, in connection with the sale of services. We have paid, and continue to be billed, in reliance on that misrepresentation.
2. Federal wire fraud, 18 U.S.C. § 1343 — On information and belief, each electronic billing, each payment we make that is processed in Arizona, and each onward transfer of our money to accounts designated by the removed parties is a use of interstate or foreign wires in furtherance of a scheme to obtain money by false pretenses.
3. Money laundering, 18 U.S.C. §§ 1956 and 1957 — On information and belief, the onward movement of our funds — from the Arizona servicer to accounts in México or elsewhere designated by the removed parties — involves transactions in the proceeds of wire fraud, conducted to promote the ongoing scheme and to conceal the source, ownership, and control of the money.
4. Unauthorized debt collection — The telephone demands now being made on us for amounts not owed to the collecting party, without lawful authority, implicate state and federal debt collection protections.

V.  RELIEF REQUESTED

1. Open an investigation into the conduct described above, including the role of the Arizona-based servicing arrangement in continuing to collect from us for a removed foreign administrator after formal notice of the removal;
2. Use the Office's authority under the Consumer Fraud Act to stop the unauthorized billing, the telephone collection demands, and the processing of our payments for the benefit of the removed parties;
3. Seek restitution to us of all amounts collected without authority since October 24, 2025;
4. Obtain an accounting of all funds collected from us through the Arizona servicer and the destination of those funds after collection; and
5. Refer the wire fraud and money laundering issues described in Section IV(2)–(3) to the appropriate federal authorities, including the U.S. Attorney's Office for the District of Arizona and the Federal Bureau of Investigation.

VI.  SUPPORTING DOCUMENTS SUBMITTED

Exhibit 1 — Registro Público de la Propiedad y de Comercio (Mexicali), Hoja de Inscripción, Partida No. 6,072,531 (Dec. 26, 2025), with English translation
Exhibit 2 — Formal notice and demand letter to Concord Servicing, LLC dated July 23, 2026, with proof of transmission
Exhibit 3 — Complainants' Concord billing statements and proof of payment showing the 9000-XX-XXXX account format
Exhibit 4 — Call logs / declarations documenting the telephone collection demands, with dates, numbers, and content
Attachment A — List of joining U.S. resident owner-complainants: name, state of residence, unit, Concord account number

The new administrator, Asociación de Propietarios "La Ventana del Mar", A.C., supports this complaint and can provide the underlying Mexican public documents, assembly records, and additional owner information upon request.

I declare that the information provided in this complaint is true and correct to the best of my knowledge and belief.

Respectfully submitted,

_________________________________
[LEAD COMPLAINANT NAME]
On behalf of myself and the U.S. resident owners listed in Attachment A
[ADDRESS], [CITY], [STATE]  |  [EMAIL]  |  [PHONE]

ATTACHMENT A

Joining U.S. resident owner-complainants — La Ventana del Mar, San Felipe, Baja California, México

[The list of joining owners is being compiled from owner registrations and will be attached at filing.]