How should Condominium’s Maintenance Fees be charged?
The maintenance fees of a condominium are charged based on the percentage of ownership. Said percentage of ownership is stipulated in the Articles of Incorporation of the condominium and in the titles of property/trusts of each one of the private units.
Can general matters be dealt with in a meeting of condominium owners that are not included in the agenda?
Yes, general matters can be dealt with even though they are not on the agenda, however, they will NOT be legally binding unless all the interests of the condominium have been represented, therefore it is not recommended that relevant decisions of such general matters be taken into account for the condominium since they will not be mandatory for condominium owners, however these items can be used to inform condominium owners about common interest issues.
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:
- The law establishes that the exclusive ownership is based on a percentage of the common-use areas and goods, which cannot be subjected to a dividing action, as it is inseparable from the individual property.
- The separation of a private unit would affect the interests of the rest of the private units, necessarily increasing their percentage of ownership, which cannot happen without the consent of each affected owner.
If a condo owner owes maintenance fees, could their private unit be transferred even if they do not deliver the non-debit letter from the condominium’s administration?
Yes, it can.
Although it is true the law states that when the ownership of a private unit is transferred, the notary must demand from the selling party the proof of non-debit issued by the condominium’s administrator, this requirement is limited to compelling the notary before whom the transmission is made to request such a certificate, but if it is not delivered, they can still carry out the transfer, warning that it was not presented, in which case the purchaser will assume the responsibility of payment of any debt that the unit may have.
What must be done to modify the condominium’s bylaws?
In the state of Jalisco, bylaws can only be modified through an extraordinary assembly of condominiums and the approval of at least 75% of the total ownership is required. The law states that extraordinary assemblies can be held with whatever number of condominiums attend but the agreements will only be valid if they are approved by a representation of at least 75% of the total ownership.
In the state of Nayarit, any amendment to the bylaws must also be agreed upon in an extraordinary meeting to which at least 51% of the condominium owners attend, but the resolutions will require a minimum representation of 51% of the value of the undivided property of the condominium.
In the State of Nayarit, what is the quorum necessary for an ordinary general assembly of condominium owners and an extraordinary assembly?
There is NO difference in the quorum required for one or the other. The state law establishes that when an assembly is held (without distinguishing between ordinary or extraordinary), in the first summons, it is necessary for an attendance of 75% of the condominium owners. When it is the second summons, only the simple majority is required and if it is necessary for a third summoning, it will be valid regardless of the number of owners, who attend. Their resolutions will always be taken by a majority of those present.
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 for the trustee to grant a power of attorney to a third person in turn, unless they have also been granted to do so in their trust deed.
In the event that such authorization is not available in their trust deeds, they must necessarily instruct the trust bank in writing to grant a proxy or power of attorney in favor of the person appointed for that purpose by the trustee.