Condo Owners in Mexico & Common Legal Questions
Each year, Mexlaw receives substantial inquiries from condominium owners regarding problems arising from conflicts with condominium administrators. Many of the challenges experienced by condominium buyers could have been avoided if they were armed with more information regarding Condominium laws in Mexico. Additionally, many owners are unaware that they hold the power and do not have to accept the decisions made by the Condominium Administrator. Below are some of Mexlaw’s most common inquiries and consultations related to Condominiums.
HOA Fees & The Condo Administrator
The Condominium Administrator is responsible for the assignment of condo fees. The administrator is designated by the Assembly of Condominium Owners and legally represents the condo owners. (For detailed information related to their role, please see our article Quick Facts About Assemblies.) The administrator must comply with the obligations of the Condo Bylaws and the State Condominium Property Act and this is where the challenge often arises. Many Condominium Administrators are insufficiently versed in the complexities of the laws designed to protect owners and we have seen a range of abuses on the part of the Administrators. As a result, owners experience a range of financial abuses causing them to seek legal retribution.
Assembly Processes & Misunderstandings
One of the most sought-after consultations we have is from condo owners who are looking for assistance related to the condo Assembly. (For detailed information related to assemblies, please see our article Quick Facts About Assemblies.) Owners typically request assistance with topics such as the legal minimums allowed, the percentage of voting and representation required to approve the agreements, and even the legality of the assemblies held in the condominiums of the clients.
First and foremost, if you have not purchased a condo yet, protect yourself and your investment by retaining legal counsel. The real estate attorneys at Mexlaw will protect your legal interests and assist with understanding your rights as an owner.
If you have already purchased a condo and are experiencing difficulties with your administration or have experienced financial abuses, please know that many cases we see only require the proper advice and coordination of our clients with the other owners to achieve a solution to their common problems and bring them before the assembly. Litigation is rarely required unless there are particular circumstances such as the developer owning a large part of the pro-indiviso of the property.
There is absolutely no reason that any condo owner should feel they are being taken advantage of or suffer from abuses or mismanagement of their HOA and administration. Contact our professional and experienced team of real estate attorneys at Mexlaw for a solution today.