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 cannot be at the discretion of the Council or the Administrator.  Rather, only agreements taken by the assembly (HOM) are mandatory and binding to all owners and/or occupants.  Therefore, in order for the Council or the Administrator to have the authority to implement such penalties and “rules/policies” as intended in article of the bylaws mentioned above, said penalties and policies must be itemized in the bylaws and approved by the HOM as established in article 1021 of Jalisco’s Civil Code, which clearly states that the HOM is the only organization with authority to create and/or modify bylaws.

The agreements taken by the HOM are considered binding on all owners and/or occupants as long as the meetings have been legally constituted.

Likewise, Articles 1012 and 1017 of Jalisco’s Civil Code enumerate the duties and powers of the Administrator and Council and none of those items grant either of them authority to implement such measures.

Article 1266 (second paragraph) of the law, also states that the interpretation and fulfillment of contracts/agreements cannot be at the discretion of the parties to such contracts/agreements.

If you have a similar issue in your condo, contact me for an appointment on line.

J. Luis Garcia Mazin