Actos de Dominio – In civil law, the term applies to that certain type of power of attorney which gives full authority to the attorney-in-fact to act as though he or she were the owner, including having the power to sell, transfer, encumber or otherwise dispose of assets owned by the principal, and may be […]

Why should one hire a lawyer, when they are making a real estate transaction? With all respect to real estate agencies, normally the selling party is required to pay, at a minimum, a 4% commission to the real estate agent. This is solely to cover the real estate fees, the preparation and negotiation of the […]

A recurring and unfortunate practice that some fellow lawyers unfortunately encourage is to ask their clients for amounts of money to pay for certain favors or benefits from the courts, making them believe that if they do not pay their cases will not move forward. Based on my experience I can assure you that it […]

About condo maintenance fees in Vallarta and Nayarit Some condominium’s bylaws refer to paying ordinary maintenance fees in quarterly payments. Article 48 of Nayarit State Condo Law states that the fees for common expenses, when condominium owners do not pay punctually, are subject to interest legally determined or fixed in the by-laws or by agreement […]

The condominium’s bylaws grants the Board of Directors the authority to issue any rules and policies for use of common areas for all owners and occupants and the Board of Directors is also authorized to impose at their discretion, financial sanctions to owners who breach those rules and/or policies. The implementation of fines and penalties […]

Can foreigners issue a proxy to be represented by a third party in condominium assemblies? In the majority of property trusts that belong to condominiums, they expressly stipulate that the trustees can attend and vote at condominium assemblies as long as property/ownership issues are not discussed. That power should NOT be confused with an authorization […]

Can a condominium unit separate from the Condominium?  In my experience, this would be feasible if 100% of the condominium owners approve it, otherwise it would not be possible for the following reasons: a) The law establishes that the exclusive ownership is based on a percentage of the common-use areas and goods, which cannot be […]

What must be done to modify the condominium’s bylaws? In the state of Jalisco, bylaws can only be modified through an extraordinary homeowners’ assembly and the approval of at least 75% of the total ownership is required. The law states that extraordinary assemblies can be held with the number of condominiums that attend but the […]