On February 18, 2026, Evolution Tulum (evolutiontulum.com) — the HOA management company for Parques Zama in Aldea Zama, Tulum — unilaterally shut off the water supply to Torre 1 as a "pressure measure" to collect a disputed debt of 32,000 MXN (~$1,600 USD).
The administrator, Pablo, admitted in WhatsApp messages that:
"Es un medio de presion muy duro si. Pero es porque no hay intencion de pago."— Pablo, Evolution Tulum administrator
Translation: "It's a very harsh pressure measure, yes. But it's because there's no intention to pay."
He openly admitted the water shutoff is coercion — not maintenance, not an operational issue. A pressure tactic.
Every person has the right to access water for personal and domestic consumption. The Supreme Court (SCJN) has ruled this right is enforceable against private parties.
Remedy: Amparo + Immediate InjunctionThreatening another person with harm to their person, property, or rights. Pablo threatened judicial action as an alternative to accepting the illegal shutoff.
3 days to 1 year imprisonmentUsing violence, coercion, threats, or intimidation to collect a debt. Pablo's own words: "It's a very harsh pressure measure." Cutting water to collect a disputed, unverified debt.
1 to 4 years imprisonmentTaking control of a right or property that doesn't belong to you by your own authority. Water is an individual service (Art. 64 Reglamento) — Evolution Tulum has no authority over it. Aggravated because it targets a dwelling and was committed by an organization.
3 months to 7 years imprisonmentOnly the authorized water utility (CAPA) can control water service. Domestic users who offer payment arrangements are exempt from suspension. Evolution Tulum is not a water utility.
Administrative SanctionsThe administrator's powers are limited to those granted by law and the Reglamento. Essential services cannot be suspended as a collection mechanism. Disputes must go through judicial channels.
Administrative SanctionsCannot provide itemized debt breakdown (Art. 7). Using water shutoff as a "pressure measure" is a coercive commercial practice (Art. 10). PROFECO has jurisdiction.
PROFECO Fines + Enforcement"Each owner will independently pay for electricity, telephone, water, and other services they individually use within their private property unit." The HOA has no authority over individual water.
Internal BreachThe harshest sanction allowed is suspension of amenity areas (pool, gym) and common services. Water to a private unit is NOT a common service. This sanction is not authorized anywhere in the 28-page Reglamento.
Internal BreachAll sanctions require "supervision and approval of the Comite de Vigilancia." Pablo admitted the committee did not authorize the water shutoff. He acted unilaterally.
Internal BreachFor non-payment, the administrator "may proceed with judicial collection requesting a competent judge" — and this requires prior General Assembly approval. Not water shutoff. Not coercion.
Internal BreachAll quotes are from WhatsApp messages sent by Pablo (Evolution Tulum administrator) on February 18, 2026:
| Admission | Quote (Spanish) | Translation |
|---|---|---|
| Pressure tactic | "Es un medio de presion muy duro" | "It's a very harsh pressure measure" |
| No committee auth | "Si pero eso lo determinara el comite" | Deflects — does not say committee authorized it |
| 1 hour of water | "manana se reconectara el agua por 1hr" | "Tomorrow water will be reconnected for 1 hour" |
| 100L rationing | "son 100 lts los permitidos" | "100 liters are permitted" |
| No debt breakdown | "no hay desgloce Jairo" | "There's no breakdown, Jairo" |
| Inherited debt | "el desgloce se lo puedes pedir a grupo Espana" | "Ask Grupo Espana for the breakdown" |
| Judicial threat | "lo hacemos por la via judicial como gustes" | "We'll do it judicially if you want" |
If you are a resident, owner, or renter at Parques Zama or any property managed by Evolution Tulum and have experienced:
You have legal rights. Contact PROFECO (extranjeros@profeco.gob.mx for foreign residents) and file a complaint. Mexican law protects you.
Before purchasing at Parques Zama or any property managed by Evolution Tulum:
| Entity | Role | Details |
|---|---|---|
| Evolution Tulum | HOA Management Company | evolutiontulum.com |
| Pablo | Administrator (Evolution Tulum) | WhatsApp contact "Pablo Ev..." |
| ARRECIFES MAYAS S.A.P.I. DE C.V. | Developer | Built Parques Zama |
| Grupo Espana | Previous HOA Administration | Provided only balance totals, no breakdown |
If you have been affected by Evolution Tulum or any other HOA management company in Tulum, share your story. We are building a collective case.
You can also email directly: matthewkarstenconnects@gmail.com