Condominiums in Mexico, and particularly in Jalisco, are private legal entities intended to regulate and manage condominiums. Although condominiums in Mexico do not have the same scope as in other countries like the United States, local laws allow for the establishment of regulations within condominiums to preserve order and the well-being of residents, as well as the possibility of making improvements.

Rights and Powers of a Condominium in Jalisco

In Jalisco, condominiums have the legal right to regulate various aspects of life within a condominium. This includes setting rules for the use of common areas, modifications that owners can make to their homes, pet ownership, tobacco consumption, and other behaviors that might affect the common environment. Condominiums in Jalisco are regulated by the Civil Code of the State of Jalisco, which grants the right to establish and enforce these rules.

Additionally, condominiums can impose fees that owners must pay to finance the maintenance of common areas, such as gardens, swimming pools, parking lots, and other shared services. Failure to meet these obligations can result in sanctions, such as fines or restrictions on access to certain common areas. Fees can be ordinary or extraordinary; ordinary fees are typically known as maintenance fees, while extraordinary fees are for the execution of works or purchases that, due to their cost, have greater significance. In the case of Jalisco, the difference between ordinary and extraordinary fees can be found in Articles 1020, 1021, and 1026 of the Civil Code of the State of Jalisco. Both fees must be approved in condominium assemblies, under the quorum and voting requirements established by law or the condominium's founding deed. This is in accordance with Article 1023 of the Civil Code of the State of Jalisco. Resolutions that meet the required voting criteria are binding and apply to those who voted for, against, or were absent.

Responsibilities of a Condominium Owner

Condominiums have several key responsibilities, which include:

1. Maintenance of Common Areas: Condominiums must ensure that shared areas, such as parks, gardens, hallways, and other facilities, are well-maintained. This includes both preventive maintenance (repairs and cleaning) and the preservation of these areas for the enjoyment of all, as stated in Article 1026 of the Civil Code of the State of Jalisco.
2. Compliance with the Condominium Rules and Assembly Resolutions: It is the responsibility of the condominium administration to ensure that owners respect the established rules and assembly agreements, which are often related to aesthetics, security, and property value preservation.
3. Enforcement of Sanctions for Violations: The authority that can impose sanctions on residents who violate the condominium rules will be established by the condominium's founding deed, typically the Administrator or the Board of Directors as a collegiate body.
4. Legal Actions: The condominium administrator or board can take action before municipal authorities or file lawsuits with judicial authorities, in accordance with Articles 1012 and 1017 of the Civil Code of the State of Jalisco. Additionally, the board can delegate its powers to someone else, such as an external lawyer, as per Article 1017.
5. Financial Management: Condominiums must manage the financial resources from owner fees. This includes creating a budget, allocating funds for repairs, and maintaining common areas. They must also be transparent in managing these resources, as per Articles 112 (I-VII) and 117 (IV) of the Civil Code of the State of Jalisco.
6. Regular Meetings: Condominiums must hold periodic assemblies where owners make important decisions about the community, such as approving budgets and modifying living regulations. These assemblies are considered ordinary and must comply with the provisions of the Civil Code of the State of Jalisco and other local regulations.

Condominium Fees

Fees are mandatory payments that owners must make to cover the maintenance of common areas and collective services. These fees are defined annually by the condominium assembly and may vary depending on factors such as the size of the condominium, services offered, and maintenance needs.

The amount of these fees must be proportional to the value of each property, as established in Article 1026 of the Civil Code of the State of Jalisco. Owners must comply with the timely payment of these fees, as indicated in Article 1028, or face possible lawsuits in local courts.

Fines and Sanctions

Fines are a common tool that condominiums in Jalisco use to ensure compliance with community rules and regulations. If an owner violates a rule, such as failing to properly maintain their property or making unauthorized modifications, the condominium may impose a fine, as long as it has been established in the founding deed or valid assembly resolution.

If a resident fails to pay ordinary or extraordinary fees or fines decreed in an assembly, they can be sued in a local court and could face asset seizure from the start of the trial. This is in accordance with Article 1029 of the Civil Code of the State of Jalisco, provided there is a notarized protocol of the assembly minutes and a signed debt statement by the condominium administrator. The seizure can include bank accounts, movable property (such as vehicles), or real estate, which may be auctioned to recover the outstanding payments.

Joining a Condominium or Development in Jalisco

1. In the case of condominiums, purchasing a private unit within it automatically makes you part of the condominium. This means that those who buy property within a condominium are considered members and must pay the corresponding fees and abide by the rules established by other members. In the case of a development, similarly, buying a property within its boundaries makes you subject to the rules of the neighborhood association.

The Civil Code of the State of Jalisco establishes that all owners of units in a condominium must be part of the association and participate in assemblies, as decisions made in these meetings affect the entire community. Unlike other community associations, membership in condominiums is mandatory.

2. Residents of developments are similarly obligated to pay fees decreed in neighborhood assemblies. In Jalisco, developments and their social participation are regulated by municipal legislation. For example, in order for fees to be valid, the municipality must recognize the group of neighbors as the representatives of the development, typically through the Municipal Directorate of Social Participation or Neighborhood Associations.

Once a group of organized citizens is recognized by the municipality as representatives of the development, the basis for charging fees is established, for example, in the municipal regulations of Zapopan, specifically Articles 227 (I and II) of the Regulation on Citizen and Popular Participation for Governance in Zapopan, Jalisco.

Leaving a Condominium in Jalisco

There are two ways to leave a condominium:

1. Selling the private unit, whether vertical or horizontal.
2. Through an agreement made in an extraordinary condominium assembly, or
3. Through the destruction of the condominium property, whether entirely or in at least three-fourths of it. If the destruction does not reach 75%, the assembly will decide on its reconstruction. This is in accordance with Articles 1021 (IV) and 1034 of the Civil Code of the State of Jalisco.

If there is a dispute with those managing the condominium, any condominium owner or group of owners representing at least 20% of the property can call for an assembly to analyze the removal of the administrators, according to Article 1021 (III).

Can You Leave a Development in Jalisco?

In order to develop a plot of land, a development license must be requested from the municipal authorities. Once the development is completed and verified by the municipality, the developer will notify the municipality to authorize the sale of private units. Therefore, when someone purchases a property, they automatically become part of the development and are subject to municipal and state legislation, including construction, police, and ecology regulations.

The only way to leave this legislation is by selling the property.

Differences Between Condominiums and Neighborhood Associations in Developments in Jalisco

While the terms condominium and neighborhood associations are often used interchangeably, there are key differences:

1. Condominium: A condominium is a legally constituted entity that regulates the internal aspects of a housing community, whether it is a gated community or an apartment building. In Jalisco, it is regulated by the Civil Code of the State and the Urban Code, which establish that all owners must be mandatory members of the condominium and pay the corresponding fees.
2. Neighborhood Associations in Developments: A neighborhood association refers to organizations of property owners in a specific area such as a neighborhood or development. These associations typically focus on the well-being and coexistence of the community but may not have the power to impose fines or mandatory fees. However, they can influence the environment through community activities and local development projects. In some cases, they may be responsible for public services, such as water, which gives them authority to impose sanctions, fines, and closures.

Final Comments

Condominiums in Jalisco are essential for maintaining order and quality of life for those living under a condominium property regime, whether vertical, building, or horizontal. While their structure and authority may vary depending on state legislation, their primary function remains managing common areas and ensuring rules are followed. It is important for owners to stay informed about their rights and responsibilities, participate in assemblies, and contribute to fees to ensure the well-being of the community.

In the case of neighborhood associations in neighborhoods and developments, their broader focus is on improving community well-being and coexistence. These associations may not always have the power to impose mandatory fines or fees but can influence the environment through community activities and local development projects.