THE LEGAL ASPECTS OF LIVING IN A CONDOMINIUM

Or what to expect when you buy a condominium in Mexico!

The cottage on a tiny individual lot or the mansion built on a grand expanse of land. This type of home ownership has been the dream of many in the Western world where land has been plentiful and where the family lived in ONE home and did not have other properties for vacations, recreation and retirement.

Mexico’s first condominium laws were published in 1972, the same year as the bank  trust (fideicomiso)  law  was  enacted.    In  1985  California’s  Davis-Stirling  Common  Interest Development Act became a model for the rest of the western world.  In the same year Mexico updated its condominium law and enacted the establishment and operation of common interest developments.

This step was highly important for Mexico City but also for vacationers in Acapulco, Cancun,  Manzanillo,  Puerto  Vallarta,  Mazatlan  and  Los  Cabos.    Because  of  built  in  maintenance  provisions  it  has  become  the  preferred  ownership  for  vacationers  in  Mexico  who may spend only a few weeks a year at their homes and prefer to spend the time in fun rather than in maintenance duties.

Changing life styles have changed ownership patterns over the past fifty years.

Two working parents, single parent families and the rising popularity of multiple family homes have created a great demand for ownership in condominium. In these cases the individual free-standing dwelling on a lot has been exchanged for shared walls, shared entryways, communal recreational facilities and shared maintenance.

In the common interest development, it may be either commonly owned property or common rights that may be enforced as restrictions against separately owned property.

For example the pool, hallways, gardens and other public areas are commonly owned property in many projects. Owners of the individual condominium units acquire a proportional ownership interest in all the recreational facilities, as well as in the service

areas, bearing walls and utility features at the project.

Article 27 of the law provides for a annual meeting of homeowners. Homeowners are to be notified of the time and date of the meetings through registered mail ten days prior to the date of the meeting.

Articles 27 of the Law of the Condominium Regime also provides for voting in proportion to the percentage of common property held by each owner. Voting must be direct and personal unless otherwise provided in the Regime of the individual project. In

other words, no proxies are permitted unless specifically stated in the law