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Condominium Regime - Sonora, Mexico
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Guest_
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This is a brief recap of how the Las Palmas "Project Documents" should be filed:
Chapter X11
Condominium and Time Share
Condominium
Since the 1950's the State of Sonora has laws on Condominium Ownership, being the last law approved, law 293, in effect since 1993.
In a nutshell, ownership in condominium is that in which each condominium owner has a personal and exclusive right of ownership over his unit or department and has co-ownership with common areas of the building.
The condominium unit owner has an exclusive right of ownership on his unit and a percentage of co-ownership over the common areas of the building.
In Sonora, the law provides that in order to incorporate the Regime of Condominium Ownership, the owner or owners of real estate shall express their will through a public deed drafted by a Mexican Notary Public, with the following elements:
1) The location, dimensions and boundaries of the estate corresponding to the specific condominium. Likewise, the limits of the building or quarters or sections that shall constitute property subjected to the condominium in an independent for shall be stated, when their location and number of co-ownerships originate in the separation of the real estates subjected to this regime in separate groups.
2) The description of each plot, apartment, living quarters, house, premise or area, situation, measurements, rooms contained in it, spaces for vehicle parking, there were any, and other necessary information for its identification, in accordance to what has been established by the Law of Urban Development for the State of Sonora and the corresponding municipal building regulations.
3) In due course, the certification of having donated to the municipal council the areas of land stated in articles 106, fraction IV and 158 of the Law of Urban Development for the State of Sonora.
4) The general description of the constructions and the materials used or that will be used.
5) The nominal value assigned to each apartment, living quarters, house, premises or area, and its percentage over the total value, also nominal, of the areas of the condominium.
6) The assets of joint property and their form of usage, with specifications and necessary detailing and, if such is the case, their situation, measurements and parts that compose it, as well as any other characteristic that may be necessary for their identification.
7) The general usage of the building and special usage of each apartment, living quarter, house, premises or areas.
8) The existence of the bond stated in articles 106, fraction III and 140 of the Law of Urban Development in the State of Sonora, as a guarantee of the execution of the construction and services. The amount of the bond and its expiration will be adjusted to dispositions of the authorities that issued the construction licenses.
9) Those cases and conditions in which the property title may be modified; and
10) The by-laws of the condominium.
The Law also provides the incorporation documents of the Regime of Condominium shall be registered before the corresponding Real Estate Property Public Registry. Likewise, any reforms made to it or to its Regulations shall be registered.
As for the Condominium bylaws or regulations, they include several chapters: on the chapter of general matters the general destiny of each unit shall be set, and the definition of common areas shall also be set, on chapter second the rights and obligations of the condominium owners and occupants of the unit are specified, this means the use and enjoyment of private property with the limitations on subdividing the corresponding unit, the obligation to transfer the unit jointly with the percentage on the common areas,limitation to works or repairs in the interior of the unit; limitation on opening doors or windows facing areas of general circulation; abstaining of any act that cause bother to others and all other conditions are necessary so that the condominium owner contributes to the payment of common charges, to the common maintenance expenses, etc.; another important chapter is the administration, the how you appoint the administrator, the duration, the characteristics that the administrator will be the legal representative of the condominium owners in all the common business related to the condominium; the obligation of the administrator to take care of the condominium; attend to be complaints; to execute conservation and administration to call to meetings; manage the expense accounting, etc.
The administration chapter, we insist, is very important, as well as the chapter of assemblies, because the condominium owners assembly is the supreme authority of the condominium, and it is implemented with the meeting of condominium owners, how voting is done in the assembly, how the meeting regulations are taken in accordance with the law and with the incorporating deed, what power the assembly has, that basically are to freely name and remove the administrator, name and remove the vigilance committee, examine and if it is the case approve the annual account statement, that is someted by the administrator and other important issues. The sanctions that are established in another chapter are related with the none payment of common expenses dues and also the possibility of the liquidation of debts is executed in case of none payment of three or more receipts and the greatest sanction for the condominium owner in default of his payment according to the bylaws, besides the damages payment will be that such owner can be taken to courts in his unit sold in public auction.
The last chapter of the regulation shall be on the amendments and the controversy, as well as destruction, and reconstruction of the condominium.
End
Timeshare
Posted on: 8/16/2009 9:15pm
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Re: Condominium Regime - Sonora, Mexico
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Guest_
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I do not know this to be a fact but we have been told, that of the units in Puerto Penasco only one complex has their documents filed 100% according to Mexican Law: 1) Apparently the Las Palomas has documents on file that are 100% in accordance with Mexican Law2) Most of the other units have theirs partially correct.3) Only 3 have totally wrong documents on file and we at Las Palmas are one of the 3. I don’t think we have a choice in this, I believe we must file according to the Mexican regulations. On top of us then being in compliance, the regulations also provide for a Variable Rate for the assessments. It is this paragraph that indicates there is a variable rate. “…5) The nominal value assigned to each apartment, living quarters, house, premises or area, and its percentage over the total value, also nominal, of the areas of the condominium….” It is our understanding: 1) The “nominal value” is not established solely on square footage.2) Each and every unit would be surveyed and appraised.3) Each and every unit would be assigned a nominal value and a percentage, using a calculation based on the value of the complex as a whole, would be assigned.4) This percentage would then be used: a) to determine the variable rate of dues b) to determine the vote value5) Each unit would be responsible for all of its utilities, including Water. The above is our understanding. There is an English version of the complete regulations available and I have not read it. Thank youGraham H. Robins
Posted on: 8/23/2009 10:38pm
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