Everything You Need to Know About Condominium Regulations in the Riviera Maya – The Ultimate Guide

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🏘️ Section 1 – What is a Condominium Regime in Mexico (with Legal References)

General Introduction

The condominium regime in Mexico is a legal structure used to regulate the development and management of residential, touristic, or mixed-use complexes where private property units coexist with shared common areas. This legal format is especially common in high-growth real estate destinations such as Tulum, Playa del Carmen, Cancún, Puerto Aventuras, and Akumal, where large land parcels are subdivided and integrated into collectively used schemes governed by well-defined rules.

Legal Definition

According to the Ley de Propiedad en Condominio de Inmuebles para el Estado de Quintana Roo (Article 1), the condominium regime is defined as:

“A special form of property ownership in which private ownership of individual units (known as ‘privativas’) coexists with proportional co-ownership of common areas that are necessary for the property’s use and operation.”

This regime is governed by state laws—each Mexican state has its own condominium law—but they generally adhere to principles outlined in the Federal Civil Code (Código Civil Federal).

Basic Components of a Condominium Regime

A condominium regime includes:

Private Units (Unidades privativas): Spaces such as lots, houses, or apartments over which the owner has exclusive property rights.
Common Areas: Shared, indivisible spaces like walkways, gardens, pools, facilities, structural walls, rooftops, and clubhouses.
Proportional Ownership (Cuota indivisa): Each owner holds a proportional, indivisible share of the common areas, calculated based on the size of their private unit or as determined in the condominium and administrative regulation (reglamento de condominio y administración).

This proportional share affects:

Voting rights in general assemblies;
Each owner’s share of the expenses;
The legal liability in case of extraordinary decisions or damages.

Establishing a Legally Recognized Condominium

For a property to be legally considered a condominium, it must meet the following requirements:

Draft a notarized constitution document (escritura de constitución del régimen en condominio);
Attach a set of condominium rules and regulations (reglamento de condominio y administración);
Register both with the Public Property Registry (Registro Público de la Propiedad) and the local Cadastre office (Dirección de Catastro).

Without these steps, the subdivision is not legally recognized as a condominium and its units cannot be legally sold or transferred as such.

Key Legal Basis

In Quintana Roo (the state encompassing the Riviera Maya), the relevant law is:

Ley de Propiedad en Condominio de Inmuebles para el Estado de Quintana Roo, first published on October 21, 2005, and regularly updated.

Fundamental principles under this law include:

Condominiums are governed autonomously, within the framework of the law.
The constitution document and regulation are legally binding on all property owners.
Any amendments to the condominium regime require formal assembly approval with specific voting thresholds.
The obligations of unit owners (fees, compliance, usage) are binding and transferable to future buyers.

Mandatory Compliance for All Owners

When someone purchases a unit within a condominium, they automatically agree to all terms and conditions set out in the registered condominium documents. These documents have the force of contract—even if the buyer has not signed them individually—because they are attached to the notarized deed at the time of purchase.

Chapter III of the Quintana Roo law explicitly states:

“The administration, use of common areas, fee contributions, and the rights and duties of the co-owners must be regulated in accordance with the condominium’s constitution deed and internal regulation.”

Purpose of the Condominium Regime

The condominium regime is designed to:

Ensure harmonious coexistence among residents;
Protect the urban and natural environment of the community;
Maintain the value of properties within the complex;
Facilitate transparent and proportional management of shared costs and responsibilities.

Use in Premium Residential and Touristic Areas

In high-end or high-density developments—common across the Riviera Maya—the condominium regime is also used to:

Control architectural and land use standards (no unauthorized modifications);
Guarantee security and access control;
Provide shared luxury amenities (pools, spas, coworking, yoga decks, etc.);
Promote a unified visual and functional identity for the entire project.

Condominium Ownership Compared to Other Countries

Foreign buyers often assume that a Mexican “condominio” functions the same as in their home country. In reality, there are distinct differences:

Aspect	Italy	Mexico	USA
Mandatory Regulation File	Yes	Yes	Yes
Professional Administrator	Common	Optional	Often required
Voting Shares	Proportional	Always proportional	Sometimes flat-per-unit
Penalties for Violations	Limited	Legally enforceable	Yes
Developer Influence	Low	High in early phases	High

In Mexico, the developer (desarrollador) often retains considerable control in the early years of a condominium project, including appointing the administrator and setting the initial internal rules.

Importance of Understanding the Regime

For any prospective buyer or investor in the Riviera Maya, it is crucial to understand the nature and implications of the condominium regime before purchasing. It affects not only your ownership rights, but also:

Your obligations toward the collective;
The rules you must follow;
The governance system of the community;
Your ability to modify, rent, or sell your unit.

Conclusion of Section 1

A condominium regime in Mexico is a structured and legally binding system that defines how real estate developments are organized and operated. It combines private ownership with shared responsibilities, ensuring balance, order, and legal certainty within a community.

Understanding this framework—especially in high-value investment zones like the Riviera Maya—is not just useful: it’s essential to making informed decisions and protecting your investment.

In the next section, we will explore the distinction between private units and common areas, how they are defined, and how rights and obligations are distributed.

🏘️ Section 2 – Private Units and Common Areas: Structure, Rights, and Limitations

One of the fundamental distinctions in the Mexican condominium regime is between private units and common areas. This distinction is not merely conceptual; it legally defines the nature of ownership, usage rights, limitations, financial responsibilities, and even the aesthetics and overall functionality of the real estate complex.

In this section, we will explore:

The definition of a private unit;
How common areas are defined;
The rights and obligations associated with each;
Legal and fiscal implications;
Applicable regulations in the State of Quintana Roo.

🧱 1. What is a Private Unit?

In the context of a condominium, a private unit (in Spanish: “unidad privativa”) refers to any physically delineated and legally individual portion exclusively owned by a single titleholder. This can include:

An apartment;
A villa;
A buildable lot (in some “horizontal” condominium regimes);
A commercial space or office.

According to Article 6 of the Ley de Propiedad en Condominio de Inmuebles para el Estado de Quintana Roo, private units are:

“Spaces designated for the exclusive use of the owner, which can be physically identified and separated from others, and which enjoy freedom of disposition and exploitation, within the limits established by the condominium regulations and the law.”

📏 2. Identification of the Private Unit

Each private unit must be:

Physically delineated (through walls, roofs, foundations, or defined boundaries);
Registered with an identifying number;
Recorded in the condominium regime, specifying its area and limits;
Accompanied by its own notarized documentation, subordinate to the general condominium regime.

For example, a villa built on a 350 m² lot in a vertical condominium regime (where each lot has independent access) is considered a private unit if registered accordingly in the constitutive deed.

🔄 3. Limitations on the Use of the Private Unit

Although the unit is exclusively owned, the owner cannot use it arbitrarily. The law and condominium regulations impose restrictions to protect:

Architectural decorum;
The complex’s aesthetics;
Collective safety and hygiene;
Intended use.

For instance:

Changing the use from residential to commercial without authorization is prohibited.
Modifying facades, heights, fences, materials, and external colors without explicit approval from the assembly or technical committee is forbidden.
Some regimes prohibit short-term rentals (e.g., Airbnb) or limit the maximum number of allowed guests.

🧾 4. Documents Defining the Private Unit

Each buyer must receive and retain:

The cadastral certificate indicating the unit’s area;
The notarized deed specifying boundaries and inclusion in the condominium regime;
The registered condominium regulations (mandatory);
The plan for the distribution of condominium shares (Cuota de participación en áreas comunes).

All these documents are registered with the Registro Público de la Propiedad y del Comercio.

🌿 5. Common Areas: Definition and Characteristics

Common areas (in Spanish: “áreas comunes”) are portions of the real estate complex that:

Do not belong exclusively to any single owner;
Are shared by all condominium owners;
Are necessary for the functionality or quality of condominium life.

According to Article 7 of the Quintana Roo law, common areas include:

Access roads, sidewalks, concierge areas, perimeter fences;
Roofs, stairs, elevators, corridors, and passageways;
Pools, gardens, wells, cisterns, technical installations, service rooms;
Waste collection areas, barbecue zones, gyms, clubhouses;
Central electrical, hydraulic, and sewage systems.

📐 6. Participation Quota

Each private unit participates proportionally in the ownership and management of common areas. This share, called “cuota indivisa”:

Is calculated based on the unit’s area, unless otherwise agreed;
Is indicated in the constitutive deed;
Determines voting rights and expense contributions.

Example:

Owner A: 90 m² unit = 6.5% of the total = 6.5% of common costs;
Owner B: 180 m² unit = 13% = greater assembly influence and higher contribution.

⚖️ 7. Usage Rights and Obligations

Each condominium owner has the right to:

Use common areas according to their intended purpose;
Participate in decisions regarding their management;
Request maintenance interventions.

However, they are obligated to:

Respect the intended use (e.g., not using the common garden for commercial activities);
Not impede others’ use;
Avoid damaging or modifying them;
Contribute to expenses proportionally to their share.

🛠️ 8. Maintenance and Interventions on Common Areas

The condominium administrator is responsible for the ordinary and extraordinary maintenance of common areas. However:

Interventions must be approved in assembly, except in emergencies;
Certain funds are specifically allocated to common areas, such as reserve or improvement funds.

The Surveillance Committee has the authority to supervise the work and verify its appropriateness.

🚫 9. Prohibitions and Usage Restrictions

Common areas cannot be sold, rented, or modified by a single owner. Even the assembly cannot arbitrarily dispose of them, unless:

There is unanimous consent among condominium owners;
A notarized modification is registered;
The cadastral records are updated accordingly.

Additionally, it is prohibited to:

Block access to other owners;
Use them for noisy, commercial, or hazardous activities;
Install unauthorized permanent structures.

🧮 10. Practical Examples of Distribution

A condominium with 20 lots, each approximately 300 m², may have:

6,000 m² of private surface area;
2,000 m² of common areas (paths, pool, relaxation zone, installations).

Each owner contributes 5% to the expenses (300 ÷ 6,000), but benefits 100% from the common amenities. This is a strength of the condominium model: sharing high-level services at distributed costs.

📜 11. Key Legal References

Ley de Propiedad en Condominio del Estado de Quintana Roo
- Article 6: Definition of private units
- Article 7: List of common areas
- Articles 10–15: Rights and duties of condominium owners
- Articles 20–25: Administration of common areas
Código Civil Federal (for states without autonomous condominium laws)
- Title Five, Chapter III

📌 Conclusion of Section 2

Understanding the difference between private units and common areas is essential for anyone purchasing or residing in a condominium in Mexico. It not only helps protect your rights but also prevents conflicts and misunderstandings with neighbors, the administrator, or developers.

In the next chapter, we will examine the rights and obligations of condominium owners, with practical examples, frequent cases, and relevant legal references.

🏠 Section 3 – Rights and Obligations of Condominium Owners

Purchasing a property within a condominium development in Mexico—whether it is a villa, apartment, or a buildable lot—automatically confers upon the buyer the status of a condominium owner (“condómino”). This legal condition is not merely symbolic: it carries a series of regulated rights and obligations that directly affect the owner’s ability to enjoy, rent, modify, or transfer their unit.

The condominium regime is designed to protect collective interests while ensuring harmonious coexistence among owners, particularly in residential and touristic communities. This section presents a comprehensive breakdown of the responsibilities and rights of each owner, with detailed explanations based on real-world scenarios, Mexican condominium law, and enforceable administrative frameworks.

📜 1. Legal Framework of Co-Ownership in Mexico

Mexican law treats condominium ownership as a dual structure: owners hold exclusive rights over their private units and shared ownership of common areas. This hybrid model is formalized through:

The Ley de Propiedad en Condominio de Inmuebles para el Estado de Quintana Roo, which applies to most Riviera Maya developments;
The Federal Civil Code (Código Civil Federal), which provides general principles for property, contracts, and civil obligations;
The internal Condominium Regulations (Reglamento de Condominio y Administración) recorded in the Public Property Registry.

By acquiring a unit, owners are legally bound to these documents. There is no need for individual consent to each clause: registration of the condominium regime gives it binding power over all current and future owners.

✅ 2. Rights of Condominium Owners

a) Right to Exclusive Use and Enjoyment

Owners enjoy absolute control over their private unit, including the right to:

Live in it permanently or seasonally;
Lease it for short or long-term use (unless expressly restricted);
Leave it vacant or use it as a second home;
Renovate internally (non-structural changes do not require approval).

Note: While owners are free to occupy or monetize their units, the law recognizes contractual limitations imposed by the condominium regime. For example, using a villa as an event venue, even on private land, may require assembly approval or violate use-designation clauses.

b) Right to Access and Use Common Areas

Each owner is entitled to unobstructed and equal use of shared areas, such as:

Pools, gardens, sports facilities, paths, gyms, lobbies, and recreational zones;
Utility infrastructures like cisterns, generators, filtration systems, and drainage;
Social areas (rooftop lounges, BBQ patios, coworking rooms, clubhouses).

Use must be non-exclusive and non-abusive. Setting up furniture, reserving parking, or monopolizing use—without prior approval—is forbidden. The administrator may impose time-based access (e.g., pool from 8:00 am to 9:00 pm) for fair usage.

c) Right to Participate in Assemblies

Every condominium owner has the right to:

Receive proper notice of meetings;
Submit proposals or request agenda items;
Vote proportionally based on their share;
Designate a proxy representative if absent;
Access meeting minutes and official resolutions.

If owners are not current on their dues, some regimes restrict voting rights until the debt is settled.

d) Right to Financial Transparency

Owners may request and receive:

Copies of monthly or quarterly financial statements;
Annual operating budgets, forecasts, and audit reports;
Contracts entered into by the administrator on behalf of the association.

All financial documents must be kept on file by the administrator for public inspection and may not be withheld except under special circumstances (e.g., legal embargo or external audit).

⚖️ 3. Obligations of Condominium Owners

a) Payment of Fees and Special Contributions

Owners must pay:

Ordinary dues: monthly or quarterly, based on budgeted maintenance and service costs;
Extraordinary fees: for urgent repairs, lawsuits, lawsuits, security upgrades, or insurance gaps;
Interest penalties on late payments (usually set by regulation, e.g., 2% per month);
Fines, if approved by the assembly.

Failure to pay may result in:

Collection via judicial or notarial procedures;
Public registry annotation of the debt (affecting resale or refinance);
Suspension of certain services (e.g., access to pools, gates, amenities).

Example: If an owner owes 3 months of fees and a 5% interest clause applies, they are liable for the unpaid sum plus interest compounded monthly.

b) Compliance with Regulations

Owners must observe:

Quiet hours;
Trash collection protocols;
Pet restrictions;
Guest registration;
Parking allocation rules.

Some developments also include environmental commitments, like use of organic waste bins or reduced water pressure to protect aquifers.

Violations can lead to warnings, monetary sanctions, or temporary bans from using amenities.

c) Maintenance of the Private Unit

Even though interior areas belong exclusively to each owner, the law and regulations may require:

Keeping façades in good condition;
Replacing broken glass, loose fixtures, or visible wiring;
Preventing mold, odors, pests, or hazardous storage.

If these conditions pose a risk to neighboring units or common infrastructure, the administrator may demand urgent remediation at the owner’s cost.

d) Legal and Civil Liability

Owners are responsible for:

Damage caused by their family members, guests, tenants, or service personnel;
Leaks, fires, or debris falling from their property;
Failure to comply with safety recommendations from civil protection authorities (e.g., removing overgrown trees during hurricane season).

📌 4. Rentals, Transfers, and Successions

a) Notification of Tenant Use

If an owner rents the unit, they must notify the administrator and may be required to:

Register the tenant and provide contact details;
Issue access badges or digital gate permissions;
Ensure tenants receive the condominium rules;
Include liability clauses in rental agreements.

Short-term rental platforms (Airbnb, Vrbo, Booking) are often limited or prohibited in upscale developments due to issues of noise, security, or tax compliance.

b) Transfers and New Owners

Upon selling the property:

The new buyer inherits all active rights and obligations, including any unpaid debts;
The administrator must be notified of the transfer with a copy of the notarized deed;
Access codes, badges, and legal representation in assemblies are updated.

The previous owner remains liable for unpaid dues up to the date of transfer unless otherwise agreed in the sale contract.

🚫 5. Violations, Disputes, and Sanctions

Types of Infractions

Unauthorized construction or expansions;
Excessive noise or repeated complaints from neighbors;
Public indecency or inappropriate commercial activities;
Neglect causing flooding, pest infestations, or odors;
Illegal short-term rental operations.

Enforcement Process

First warning: written, with deadline for correction.
Fine: based on regulation scale, approved by committee or assembly.
Suspension of non-essential services (e.g., use of amenities).
Judicial action: injunction, damages, or forced compliance.

Assemblies may vote to sue or evict extreme violators (with qualified majority), though this is rare and typically applies to absentee owners running illegal businesses or causing serious damage.

📚 6. Legal References

Ley de Propiedad en Condominio de Inmuebles para el Estado de Quintana Roo:
- Art. 10–15: Rights and obligations;
- Art. 22: Regulations and voting rules;
- Art. 28: Sanctions and enforcement;
- Art. 30–34: Assembly and management rules.
Código Civil Federal:
- Title V, Chapter III: On co-ownership and collective obligations;
- Article 1,390 onward: Civil liability for damages caused by negligence;
- Article 2,600: Obligations between neighbors and reciprocal easements.
Local tax codes and municipal bylaws on rental regulations and construction permits.

🔚 Conclusion

Living in a condominium in Mexico offers many advantages—security, amenities, community—but also demands responsibility, compliance, and shared governance. The rights of individual owners are protected, but only within the limits of the collective agreement.

A well-managed condominium regime ensures:

Long-term property value;
Legal certainty in case of disputes;
Better community satisfaction;
Greater investment appeal for future buyers.

Understanding your full rights and obligations as a condo owner is not optional—it’s essential. Whether you are purchasing for personal use or as an investment, respecting the law and the regulations ensures you will maximize the enjoyment and profitability of your property in the Riviera Maya.

🏢 Section 4 – Administrator and Oversight Committee: Appointment, Powers, and Responsibilities

Within a condominium governed by Mexican law, day-to-day administration and the management of common areas are entrusted to two central entities: the Administrator and, when applicable, the Oversight Committee (Comité de Vigilancia). These are not symbolic or optional roles: they are legally mandated, operationally relevant, and accountable for all administrative, legal, and financial decisions that affect the condominium and its community. Their presence ensures that the building is not only maintained but also preserved and enhanced in value over time.

This section explores in depth:

The legal procedures for appointing administrators and oversight committee members;
The respective duties, powers, and limitations of each figure;
Their legal and civil liabilities;
Control mechanisms, revocation procedures, and examples of actual administrative practices;
The applicable legal framework, especially under the state of Quintana Roo.

📚 1. Legal framework and mandatory appointments

According to the Law on Condominium Property of Real Estate for the State of Quintana Roo, every condominium must be managed by a legally appointed administrator. The oversight committee is optional but strongly recommended, particularly for large complexes or those with high-value common areas.

In the absence of an administrator, the condominium lacks legal representation. This can lead to penalties, unenforceable legal claims, administrative paralysis, and deterioration of value.

👤 2. The Administrator: eligibility, appointment, duration

2.1 Who can be appointed

The following may be appointed as administrator:

A unit owner and resident;
An external professional with experience;
A legal entity or professional condo management company;
In some cases, the developer (during the initial years before full handover to the owners).

2.2 Eligibility requirements

The administrator must:

Be of legal age and fully legally capable;
Have no convictions for fraud, bankruptcy, or crimes against property;
Be current on condo payments (if a unit owner);
Not have conflicts of interest with suppliers or service providers.

2.3 Appointment and registration

The general assembly elects the administrator during the annual ordinary meeting by majority of votes present. The appointment must be documented and registered with the Public Property Registry (Registro Público de la Propiedad) to be valid with third parties such as banks, tax authorities, or courts.

2.4 Duration of the mandate

The standard term is one year. However, some regulations allow for multi-year mandates (2–3 years). The assembly may renew the appointment explicitly or tacitly. Revocation may occur at any time for justified cause.

💼 3. Operational duties of the Administrator

3.1 Financial management

Drafting of the annual budget and expenditure plan;
Collection of monthly maintenance fees and special assessments;
Accounting, bank operations, and reserve fund management;
Issuing official receipts and payment notices;
Timely payment of utilities, salaries, insurance, and taxes.

3.2 Technical and maintenance responsibilities

Planning of ordinary and extraordinary maintenance;
Hiring and supervising contractors and service providers;
Emergency response coordination;
Evaluation of common infrastructure and systems.

3.3 Administrative management

Maintenance of ownership records and legal documentation;
Management and archiving of internal documents and contracts;
Convening, managing, and recording owners’ meetings;
Applying sanctions for non-compliance with condo rules;
Presenting an annual report on the administration’s activity.

3.4 Legal representation

Initiating or defending legal claims;
Signing contracts on behalf of the condominium;
Acting as the legal face of the community in civil, tax, and administrative matters.

🧑‍⚖️ 4. Legal limitations and internal controls

4.1 Legal limits

The administrator may not:

Use community funds for personal purposes;
Carry out extraordinary works without prior approval from the assembly (except for emergencies);
Modify the bylaws or internal rules;
Extend their own mandate without a formal vote.

4.2 Transparency mechanisms

The assembly has the right to demand:

Periodic financial and bank reports;
Review of supporting documents for all expenses;
Price comparisons before authorizing major contracts.

🛡️ 5. The Oversight Committee: role and responsibilities

The Oversight Committee acts as an internal audit body, ensuring that the administrator complies with laws, rules, and good practices.

5.1 Composition

Minimum 3 members: chairperson, secretary, and auditor;
All members must be unit owners in good standing;
The term is typically one year, renewable by vote.

5.2 Duties

Examine financial statements and supporting invoices;
Approve major expenditures and supervise tenders;
Ensure proper meeting notifications and quorum compliance;
Report violations to the assembly or legal authorities;
Propose revocation of the administrator for serious misconduct.

⚠️ 6. Civil and criminal liability

6.1 Civil liability

The administrator is responsible for:

Damages caused by negligence or mismanagement;
Financial loss due to failure to comply with maintenance obligations;
Breach of duties as defined in law and regulations.

The administrator may be personally liable for compensation.

6.2 Criminal liability

The following are prosecutable offenses:

Misappropriation of funds;
Forgery of documents or signatures;
Fraudulent contracts or unauthorized withdrawals;
Conflict of interest resulting in material damage.

6.3 Professional liability insurance

It is strongly recommended that administrators carry liability insurance, particularly in high-value properties or in condominiums with a large number of units.

🔁 7. Revocation and replacement procedures

7.1 Administrator removal

Revocation can be carried out:

By resolution of the general assembly (following the procedure in the regulations);
Upon voluntary resignation;
By a judge, if requested by at least 25% of owners for cause.

In the interim, the oversight committee or legal representative may assume temporary management.

7.2 Oversight Committee replacement

The committee can be replaced:

At the end of the mandate;
By assembly vote;
In case of owner delinquency, resignation, or sale of the unit.

📊 8. Transparency tools and best practices

To enhance transparency and accountability, the following tools are recommended:

Shared access to digital financial systems;
Monthly publication of financial reports on a digital notice board;
Official communications via certified email or dedicated condo app;
Remote meeting participation and digital archives of resolutions.

🧩 9. Common real-world scenarios

a) The administrator fails to call a meeting

→ The oversight committee may step in and call it. If inaction continues, legal recourse is possible.

b) Budget discrepancies or missing funds

→ The committee may suspend financial activities, initiate an audit, and call for revocation.

c) Administrator contracts a service from a relative

→ This creates a conflict of interest. It must be declared to the assembly. Failure to do so is a breach of duty.

d) Delayed payments to security or cleaning services

→ Repeated delays can cause strikes or contract termination. The administrator is responsible for avoiding reputational or legal risks.

📚 10. Applicable legal references

Ley de Propiedad en Condominio de Inmuebles para el Estado de Quintana Roo:
- Articles 16–25: Administrator’s appointment and duties;
- Articles 26–29: Oversight Committee;
- Articles 30–34: Assemblies and decision-making procedures.
Federal Civil Code:
- Title V, Chapter III: Obligations between co-owners;
- Relevant sections on tort liability and negligence.

🔚 Conclusion

Effective condominium governance depends on the collaboration of a competent administrator and a proactive oversight committee. Together, they ensure the smooth functioning of common spaces, protect owners’ interests, and maintain or increase property value.

The administrator is the engine of the condominium. The committee is the brake that ensures safe and legal conduct. Both must act within the law and always prioritize transparency, neutrality, and fiscal responsibility.

In the next chapter, we will explore the condominium assembly: how it is convened, how votes are cast, the legal weight of resolutions, and how owners can assert their rights and obligations through this decision-making body.

🏛️ Section 5 – Condominium Assembly: Convocation, Quorums, Resolutions, and Enforcement Procedures

The Condominium Assembly (Asamblea de Condóminos) is the highest decision-making body in any condominium regime governed by Mexican law. It represents the collective will of the property owners and serves as the ultimate authority on matters of common interest, including budget approval, election of administrators, enforcement of regulations, and investment in infrastructure. In practice, the proper functioning of the Assembly guarantees the democratic governance of the condominium and provides legal certainty to both residents and investors.

This section offers a detailed analysis of the Assembly’s structure, its legal basis, procedural requirements, and enforcement power, as well as practical examples of how resolutions are adopted, documented, and challenged under the Ley de Propiedad en Condominio de Inmuebles para el Estado de Quintana Roo and the Federal Civil Code.

📘 1. Legal Nature and Function of the Assembly

The legal foundation for the Assembly is clearly established in Article 30 of the Condominium Law of Quintana Roo:

“La Asamblea General de Condóminos es el órgano supremo del condominio y está integrada por la totalidad de los condóminos. Las resoluciones que adopte serán obligatorias para todos ellos, aun para los ausentes o disidentes, siempre que se hayan tomado conforme a la Ley y al Reglamento.”

This provision recognizes the Assembly as the sovereign body within the condominium, empowered to:

Elect or remove the administrator and oversight committee (Art. 30.II);
Approve or reject budgets and financial reports (Art. 30.I);
Amend or interpret internal regulations (Art. 30.V);
Authorize legal action on behalf of the condominium (Art. 30.VI);
Impose extraordinary contributions for urgent repairs (Art. 30.III).

These powers underscore that no single owner, administrator, or committee may override the collective authority of the Assembly.

📅 2. Types of Assemblies

a) Ordinary Assembly

Mandated at least once a year, the ordinary assembly covers:

Annual financial statements;
Approval of the operations budget;
Election or ratification of the administrator;
Discussion of maintenance plans and service contracts.

b) Extraordinary Assembly

Convened for urgent or special matters, including:

Modifications to the condominium regulations;
Structural changes or major renovations;
Legal proceedings against third parties or co-owners;
Modifying the use of common areas;
Sale or acquisition of condominium assets.

Article 31: “Las asambleas extraordinarias tratarán temas urgentes o especiales, y podrán celebrarse cuantas veces sea necesario.”

c) Permanent or Ongoing Assemblies

Some developments, especially resort-style complexes, opt for continuous or digital assemblies, particularly when owners reside abroad. This structure must be expressly authorized in the constitutive deed and internal regulations.

🛎️ 3. Legal Procedure to Convene the Assembly

According to Article 32, an Assembly may be convened by:

The Administrator, within their annual duty;
The Oversight Committee, if irregularities or noncompliance are observed;
At least 25% of co-owners by ownership percentage;
A judicial authority, if the above fail or are absent.

“La convocatoria deberá hacerse por escrito con al menos cinco días hábiles de anticipación, señalando lugar, día, hora y orden del día.” — Art. 32

The notice must be:

Issued in written form (email, bulletin board, or certified delivery);
Delivered at least 5 working days in advance;
Include date, time, place, full agenda, and relevant documents;
Include a second call provision in case quorum is not met.

Failure to comply with any of these formalities renders the assembly subject to legal challenge.

👥 4. Quorum and Voting Rules

a) Quorum – Article 33

“Para que la Asamblea se considere legalmente instalada en primera convocatoria, deberán estar presentes al menos la mitad más uno del total de coeficientes de propiedad.”

First Call: Requires 51% ownership representation;
Second Call: If quorum is not met, the meeting proceeds with whoever is present after 30 minutes;
Certain decisions (e.g., structural alterations, special assessments) require qualified majorities such as two-thirds or unanimous vote depending on regulation.

b) Voting

Each owner’s vote is weighted by their ownership percentage (coeficiente de propiedad) as defined in the constitutive deed.

Owners may vote personally or via written proxy;
Proxy forms must include:
- Name and ID of grantor and grantee;
- Unit number and percentage;
- Date and signature;
An owner may not represent more than 30% of the total ownership unless expressly allowed.

📝 5. Structure of the Minutes (Acta de Asamblea)

A properly drafted Acta de Asamblea is critical to ensure the enforceability of resolutions. According to best legal practices and civil court precedents, it must include:

Full identification of the meeting (date, place, time);
Confirmation of valid notice delivery;
Quorum certification: list of owners present and represented, with percentages;
Appointment of the president and secretary of the meeting;
Full transcription of each topic, debate, and final vote;
List of objections or abstentions, if applicable;
Clear and final resolutions adopted;
Signatures of the president, secretary, and two owner witnesses.

“Las actas de las asambleas deberán firmarse por los condóminos que presidan, funjan como secretarios y por dos testigos.” — Art. 34

In case of controversial decisions, notarization of the minutes is recommended.

✅ 6. Effects and Binding Force of Resolutions

When adopted following the proper procedure, resolutions are binding on:

Owners who were absent;
Owners who voted against;
Future buyers and successors-in-interest.

These include:

Increases in monthly maintenance fees;
Restrictions on short-term rentals;
Special levies for repairs;
Amendments to the internal rules.

Failure to comply with an approved resolution is subject to disciplinary action, including sanctions and even civil litigation.

⚖️ 7. Legal Challenge and Revocation of Resolutions

Per Article 34, owners may challenge a resolution in court within 30 calendar days of its notification. Grounds for challenge include:

Improper notice;
Violation of quorum or vote rules;
Lack of documentation;
Violation of the law or public policy.

“Podrán impugnarse dentro de los treinta días naturales siguientes a su notificación.” — Art. 34

Example: A resolution was passed limiting rental periods to 30 days minimum. Owners using Airbnb sued, alleging improper quorum. The court suspended the resolution pending legal review.

🔨 8. Enforcement Procedures

If an owner refuses to comply with a resolution, the administrator may:

Issue written notification with a deadline;
Impose fines approved by the Assembly;
Suspend non-essential services (e.g., pool access);
File a civil claim to enforce compliance;
Record the debt with the Registro Público to block title transfers.

📚 9. Real-World Case Studies

i. Fee Increases and Legal Enforcement

→ The Assembly approves a 10% monthly fee increase. An owner refuses to pay. After 3 written demands, the administrator files a juicio ejecutivo mercantil, obtains a payment order, and seizes the owner’s bank account.

ii. Special Assessment for Elevator Repair

→ A special levy of $1,500 is approved for elevator replacement. 10% of owners contest it, claiming lack of formal notice. Court dismisses the claim: notice was posted in the building and emailed properly.

iii. Assembly Held Without Proper Quorum

→ A resolution banning pets was passed with only 20% of owners present. A judge ruled the acta null and void due to lack of quorum and ordered a new assembly.

📌 10. Summary of Applicable Legal Provisions

Ley de Propiedad en Condominio del Estado de Quintana Roo:
- Art. 30 – Assembly powers and authority;
- Art. 31 – Ordinary and extraordinary assemblies;
- Art. 32 – Convocation requirements;
- Art. 33 – Quorum and voting;
- Art. 34 – Minutes and legal challenge.
Código Civil Federal:
- Title V, Chapter III – Obligations of co-owners;
- Relevant procedural articles for civil enforcement.

🔚 Conclusion

The Assembly is the voice of the condominium. It must be convened, conducted, and recorded with legal precision to ensure enforceability and avoid litigation. Understanding the rules on quorum, notices, voting rights, and resolution drafting is essential for all stakeholders—owners, administrators, investors.

With proper management, the Assembly becomes a tool for community development and long-term asset appreciation. With poor handling, it becomes a legal battleground.

In the next section, we will examine how to financially manage a condominium: ordinary vs. extraordinary expenses, budgeting, reserves, and sustainable investment strategies.

💰 Section 6 – Financial Management of the Condominium: Ordinary and Extraordinary Expenses, Budgeting, Reserve Funds, and Sustainable Strategies

Effective financial management is one of the fundamental pillars of a successful condominium. Whether in a residential or mixed-use development, a well-structured budget, controlled expenses, and disciplined reserve planning not only ensure the functioning of daily operations but also protect and enhance the value of each owner’s investment. Mismanagement of funds, lack of transparency, or underestimation of long-term maintenance costs can lead to legal disputes, physical deterioration of shared infrastructure, and a drop in market desirability.

This section provides a comprehensive overview of:

The types of expenses a condominium incurs;
The legal foundation for their approval and collection;
How to build and manage an annual budget;
How reserve funds are created, used, and safeguarded;
Risk prevention and cost optimization strategies;
Real examples of financial reports and budget projections;
Sustainable financial management models for the Mexican Caribbean.

📘 1. Legal Framework for Condominium Finances

According to Article 30.I and 30.III of the Ley de Propiedad en Condominio del Estado de Quintana Roo, the assembly of owners is empowered to:

“Aprobar los presupuestos anuales de ingresos y egresos del condominio, así como las cuotas ordinarias y extraordinarias para el mantenimiento, operación y mejora de los bienes comunes.”

In short:

Ordinary fees cover predictable, recurring expenses.
Extraordinary fees are levied for unanticipated or non-recurring expenditures.
The administrator is responsible for proposing, collecting, and managing the budget, under oversight of the committee and assembly.

Failure to pay either type of fee grants the condominium the right to initiate collection proceedings, impose penalties, and even file civil lawsuits under Article 21 and 34 of the law.

💡 2. What Are Ordinary Expenses?

Ordinary (or operational) expenses refer to all costs required for the daily functioning and routine maintenance of the condominium. They are budgeted annually and divided proportionally among owners according to their ownership coefficient.

2.1 Common Ordinary Expenses

Electricity for common areas (lighting, gates, elevators);
Water for irrigation and maintenance (if not sub-metered);
Garbage collection (if private);
Security guards or surveillance systems;
Pool and gym maintenance;
Insurance (civil liability, structural);
Cleaning services and janitorial staff;
Pest control;
Accounting or administrative software;
Banking fees;
Compensation to the administrator or management firm.

2.2 How They Are Calculated

The administrator, at the beginning of the fiscal year, proposes a budget forecast based on prior spending and expected needs. This draft must be:

Itemized with estimated costs;
Justified with supplier quotes where possible;
Presented to the assembly for approval;
Distributed to all owners in writing or via digital platform.

Once approved, each owner must pay a monthly, quarterly, or annual fee, usually within the first 10 working days of the billing period.

🔧 3. Extraordinary Expenses

These are costs not included in the annual operating budget and are usually related to emergency repairs, legal procedures, infrastructure investments, or upgrades.

3.1 Typical Extraordinary Expenses

Replacement of elevators or pumps;
Legal defense or lawsuits involving the condominium;
Major structural repairs (e.g., roofs, foundations, retaining walls);
Expansion of common areas (e.g., adding a gym or coworking space);
Compliance with new regulations (e.g., fire exits, accessibility);
Solar panel or eco-efficiency system installation;
Unplanned damages (natural disasters, fire, vandalism).

3.2 Legal Requirements for Approval

Under Article 30.III, these must be:

Approved by the Assembly with an absolute majority;
Justified with supporting documents;
Collected via extraordinary contributions, separate from ordinary dues.

Owners may challenge these fees only if:

There was no quorum;
The item was not on the agenda;
The fee exceeds a threshold without qualified majority (as per the regulations).

📊 4. Budgeting for the Condominium

4.1 The Annual Budget

The budget is a forward-looking plan that:

Projects income (monthly fees, penalties, rental of common spaces);
Lists expenses (both fixed and variable);
Includes a contingency line (5–10%) for minor unexpected costs;
Separately identifies the reserve fund allocation.

The administrator must present the proposed budget at the annual assembly with detailed explanations. Once approved, it becomes the official financial roadmap.

4.2 Example Budget Structure (12-unit building)

Category	Annual Estimate (MXN)
Security and surveillance	180,000
Cleaning and janitorial	96,000
Electricity (common areas)	36,000
Water supply	28,000
Gardening and pest control	24,000
Insurance	20,000
Accounting and software	18,000
Reserve fund contribution	48,000
Total	450,000

Each owner would pay 37,500 MXN/year, or 3,125 MXN/month (based on equal distribution).

💼 5. The Reserve Fund

The reserve fund is a legally and operationally vital component of condominium finance. It protects the building and owners from unexpected costs and is often mandatory in modern regulations and trust agreements (fideicomisos).

5.1 Purpose

Emergency repairs;
Pre-funding of insurance deductibles;
Infrastructure updates;
Temporary coverage of payment defaults;
Environmental or regulatory compliance (e.g., wastewater treatment).

5.2 Contribution and Use

Normally set at 5–10% of total annual expenses;
Held in a separate bank account;
Accessed only with assembly approval, unless urgent (then ratified later);
Reported quarterly or annually.

5.3 Legal Considerations

Though not explicitly mandated by federal law, the state condominium law and internal bylaws may require a minimum reserve contribution. Not maintaining a sufficient reserve could lead to:

Financial vulnerability;
Increased reliance on extraordinary fees;
Delays in emergency responses.

🔐 6. Financial Transparency and Reporting

Transparency is a legal obligation and a best practice. Under Article 17, the administrator must:

Keep detailed records of all transactions;
Provide access to receipts and bank statements upon request;
Submit annual financial statements for assembly approval;
Use formal accounting methods.

6.1 Digital Platforms

It is strongly recommended to use cloud-based condo management platforms, which offer:

Online access for owners;
Automated invoicing and reminders;
Receipt uploads and budget visualizations;
Proxy voting and complaint tracking.

📈 7. Sustainable Financial Strategies

A forward-thinking condominium does more than collect fees. It plans for long-term stability and resilience.

7.1 Preventive Maintenance Plans

Instead of reacting to emergencies, administrators should:

Maintain a 10-year maintenance plan;
Schedule equipment servicing;
Track asset depreciation (e.g., pumps, gates, elevators).

7.2 Capital Improvement Forecasting

Projects like solar installations, energy-efficient lighting, or rooftop gardens may:

Reduce future costs;
Improve resale value;
Attract eco-conscious tenants or buyers.

Such improvements must be justified with ROI projections and subject to assembly approval.

7.3 Insurance Optimization

Instead of minimal coverage, administrators should:

Evaluate risk exposure (hurricanes, fire, earthquakes);
Adjust deductibles and premiums annually;
Consider liability extensions for administrators and board members.

⚠️ 8. Legal Consequences of Financial Mismanagement

Negligent or fraudulent management of condominium funds may lead to:

Civil liability and personal damages;
Removal of the administrator;
Criminal charges for embezzlement;
Legal claims from owners (per Articles 21 and 34).

Owners may also sue for:

Lack of access to financial reports;
Unauthorized use of reserves;
Unjustified special assessments.

🧠 9. Real-World Case Studies

i. Reserve Fund Prevents Emergency Special Fee

A Tulum condo experienced roof leakage during hurricane season. Thanks to a 100,000 MXN reserve fund, repairs were carried out immediately without levying additional fees.

ii. Legal Action for Unapproved Expenditure

An administrator in Playa del Carmen contracted a new elevator system without assembly approval. The oversight committee discovered missing funds. The administrator was sued for breach of fiduciary duty and removed by court order.

iii. Budget Undershooting and Owner Rebellion

A complex underestimated cleaning and waste fees. After three months of service lapses, owners refused to pay until a revised budget was approved. Trust was damaged and several units were sold at a discount.

📌 10. Summary of Legal References

Ley de Propiedad en Condominio del Estado de Quintana Roo:
- Article 17 – Duties of the administrator;
- Article 21 – Sanctions for nonpayment;
- Article 30 – Assembly powers, including fee approval;
- Article 34 – Legal actions and financial reporting.
Código Civil Federal:
- Liability for financial damages;
- Rules for contracts and civil obligations;
- Procedures for judicial collections.

🔚 Conclusion

Condominium financial management is not only a technical duty but a strategic necessity. A well-managed budget, a healthy reserve fund, and clear rules for fees protect the community from risk, promote harmony among owners, and boost the asset’s market value.

Professionalism, legal compliance, and transparency are not optional. They are the foundation upon which sustainable, high-value condominium communities are built—especially in a competitive and fast-growing region like the Riviera Maya.

In the next section, we will examine the legal responsibilities and liabilities of individual owners regarding compliance, use of property, neighbors’ rights, and potential litigation.

⚖️ Section 7 – Legal Responsibilities and Obligations of Individual Condominium Owners: Property Use, Neighbor Rights, and Potential Disputes

A condominium is not only a real estate investment—it is a social contract. Every owner benefits from a shared structure and infrastructure, and in return assumes obligations that go beyond private property rights. In the Mexican legal system, condominium ownership is governed by both individual title and co-ownership of common areas. Therefore, individual actions can affect the rights, peace, safety, and value of others’ units.

This section explores the scope of legal responsibilities, regulatory obligations, and liabilities of individual owners. It also analyzes the rules on property use, neighbor interactions, enforcement mechanisms, and dispute resolution as outlined in both the State Condominium Law of Quintana Roo and the Federal Civil Code.

📘 1. Legal Foundation of Individual Obligations

Under Article 3 of the Ley de Propiedad en Condominio del Estado de Quintana Roo, a condominium unit owner is:

“El titular del derecho de propiedad exclusiva sobre una unidad de un inmueble, así como copropietario sobre las partes comunes del mismo.”

As such, the owner has two types of rights and duties:

Exclusive: concerning their private unit;
Collective: concerning shared infrastructure and co-owned assets.

This duality implies that personal conduct must respect not only internal regulations, but also the rights of other co-owners and tenants.

📜 2. Obligations Defined by Law and Regulation

The primary obligations of owners are listed in Article 7 and Article 23 of the Condominium Law. Key responsibilities include:

Respecting the internal regulations and resolutions of the assembly;
Maintaining the unit in proper condition;
Using the property only for authorized purposes (residential, commercial, or mixed);
Paying maintenance fees and extraordinary contributions;
Avoiding activities that disturb neighbors or damage common areas;
Not modifying structural elements or common areas without permission.

Failure to comply with any of these may result in sanctions, lawsuits, or administrative measures.

🛠️ 3. Maintenance and Structural Integrity

Each owner is legally responsible for maintaining their unit in a safe, clean, and habitable condition.

a) Basic Maintenance Duties

Plumbing and electrical systems;
Internal walls, windows, and floors;
Fixtures, doors, and balcony elements.

If the lack of maintenance causes damage to other units or common elements (e.g., water leakage, pest infestation, electrical short circuit), the responsible owner must:

Repair the damage at their expense;
Indemnify affected parties;
Grant access for inspection and remediation.

Example: An owner failed to fix a leaking water heater. The unit below suffered ceiling collapse and mold. The owner was sued, lost in court, and had to pay 85,000 MXN in repairs and damages.

🔇 4. Respect for Peace, Privacy, and Neighbor Rights

Condominium living requires balance. According to Article 1791 of the Federal Civil Code:

“El que usa su derecho, debe hacerlo sin perjuicio de otro.”

In the context of a condominium, this means:

No excessive noise (music, machinery, pets);
No disturbing odors or fumes;
No threatening or aggressive behavior;
No harassment of staff or residents;
No visual pollution (unauthorized signs, lighting, etc.).

If an owner violates these norms:

The administrator may issue a written warning;
Fines may be imposed (if allowed by regulations);
Repeated violations can justify legal or police action.

Example: A resident repeatedly hosted late-night parties in a vacation rental. Despite three warnings, they continued. The assembly imposed escalating fines and eventually filed a claim under public nuisance laws.

🧱 5. Unauthorized Modifications and Construction

While owners may renovate within their private space, they may not:

Alter common walls, roofs, or structural columns;
Install air conditioning units on external facades;
Replace balcony railings without uniform design;
Enclose parking spaces, hallways, or gardens;
Paint exteriors in non-approved colors.

These restrictions stem from:

Article 23.IV, which prohibits altering common areas without consent;
The condominium’s internal regulations;
The municipal construction code.

All such modifications require:

Architectural approval;
Permit from the building committee or municipal authority;
In some cases, a qualified majority vote in the assembly.

📵 6. Use of the Unit and Zoning Restrictions

Owners must respect the designated zoning and land use purpose of the project, typically indicated in:

The public deed of the unit;
The master condominium declaration;
Municipal zoning certificates.

Using a unit for purposes that contradict its permitted use is illegal. For example:

Turning a residential unit into a business office;
Operating short-term rentals in areas that forbid them;
Subdividing units without municipal approval.

Assemblies may restrict or regulate:

Airbnb and similar platforms;
Commercial use hours;
Signage and delivery access.

Municipal authorities may also sanction non-compliance with closure orders or fines.

💸 7. Financial Obligations: Dues, Special Assessments, and Sanctions

Each owner must pay:

Monthly maintenance fees;
Extraordinary contributions (special assessments);
Penalties and surcharges for late payments.

Failure to do so activates enforcement mechanisms under Article 21:

“El administrador podrá ejercitar las acciones legales correspondientes para el cobro de cuotas ordinarias o extraordinarias vencidas.”

These actions include:

Interest charges (as per regulations);
Temporary suspension of non-essential services;
Legal collection via civil lawsuit;
Registration of the debt in the Public Property Registry.

Example: An owner failed to pay for 14 months. After two formal demands, the administrator sued. The court ruled in favor of the condominium and ordered a bank account garnishment.

🧾 8. Assembly Compliance and Legal Responsibility

Owners are also bound by resolutions passed by the assembly, even if they were absent or disagreed.

Under Article 30, such resolutions include:

Budget approval;
Project or maintenance authorizations;
Regulation changes;
Legal claims or defense mandates.

Owners who ignore these may be in breach of contract and subject to:

Injunctions;
Financial penalties;
Potential expulsion in extreme cases (rare and court-supervised).

🧨 9. Conflict Scenarios and Legal Disputes Between Owners

a) Noise and Nuisance

Most common source of friction. Mediation is advised, but fines and civil claims are possible.

b) Invasion of Common Areas

An owner extends their garden fence into green space. This is encroachment and can be reversed by court order.

c) Parking Conflicts

An owner continually uses guest parking or blocks access. Assembly may fine and suspend access to amenities.

d) Pet Violations

Pets may be prohibited or limited by weight or breed. Repeated violations can result in complaints and fines.

e) Racial or Cultural Discrimination

Mexican anti-discrimination laws prohibit discriminatory clauses or practices. Assemblies must act if incidents occur.

👮 10. Enforcement Mechanisms

The following entities may intervene when owners violate obligations:

The Administrator: issues warnings, applies fines, files legal actions;
The Oversight Committee: investigates and reports misconduct;
The Assembly: votes on sanctions or rules changes;
The Municipality: may impose civil or administrative penalties;
Civil Court: ultimate forum for enforcement or indemnity.

🧠 11. Strategies for Prevention and Coexistence

A healthy community minimizes litigation by promoting:

Welcome handbooks for new residents;
Clear signage and community rules;
Scheduled town halls for dialogue;
Noise measurement protocols;
Pet identification and registration.

📌 12. Legal Citations and Supporting Framework

Ley de Propiedad en Condominio del Estado de Quintana Roo:
- Art. 3 – Definition of co-ownership;
- Art. 7 – General obligations;
- Art. 17 – Transparency in administration;
- Art. 21 – Legal actions for unpaid fees;
- Art. 23 – Use of property and prohibited conduct;
- Art. 30 – Binding nature of assembly resolutions;
- Art. 34 – Right to challenge illegal actions.
Código Civil Federal:
- Art. 1791 – Abuse of rights;
- Art. 1910–1916 – Civil liability and damages;
- Art. 2532–2545 – Injunctions and restitution procedures.

🔚 Conclusion

In condominium living, rights are balanced by responsibilities. Owners are not only investors but participants in a community governed by shared rules. Their conduct directly influences not only the quality of life of others, but also the market value and legal safety of the property as a whole.

Respecting obligations—financial, regulatory, and behavioral—is a matter of legal compliance and ethical coexistence. Administrators, oversight committees, and assemblies must be proactive in education, enforcement, and mediation to ensure harmony and prevent escalation.

In the next section, we will examine how condominiums manage legal proceedings, from unpaid dues to developer litigation, and what procedures exist to protect the community in court.

🧑‍⚖️ Section 8 – Legal Dispute Management in Condominiums: Judicial Proceedings and Collective Protection Instruments

Condominium communities inevitably face legal conflicts—be it unpaid dues, contractual breaches, developer failures, or property damage caused by third parties. Effective and legally compliant management of these disputes is crucial to preserving community harmony, financial stability, and property value.

This section explores how legal disputes are identified, approved, executed, and resolved in Mexican condominiums, with specific focus on the state of Quintana Roo, where legal and financial risk is heightened by foreign investment, short-term rental dynamics, and rapid urban development.

📘 1. Legal Foundation for Judicial Action by Condominiums

Under Article 30, section VI of the Ley de Propiedad en Condominio del Estado de Quintana Roo, the general assembly has the authority to:

“Ejercitar acciones judiciales y extrajudiciales en defensa de los intereses del condominio.”

Furthermore, Article 21 allows the administrator, once authorized by the assembly, to initiate legal proceedings to recover unpaid fees or defend the common property.

These provisions, complemented by the Código Civil Federal, establish the condominium as a legal entity entitled to:

Sue or be sued;
Represent collective interests;
Act against one or more owners or third parties;
Participate in administrative or criminal investigations when relevant.

💼 2. Typical Legal Disputes in Mexican Condominiums

Condominiums in tourist-driven regions like the Riviera Maya commonly face the following types of legal disputes:

a) Delinquent Owners (Morosos)

Owners who fail to pay monthly dues or special assessments, compromising cash flow and community function.

b) Developer Breach

Contractual noncompliance by the original developer, including failure to complete promised amenities, defects, or mismanagement of transition to owners.

c) Supplier Disputes

Vendors or service providers breaching terms (e.g., inadequate security, unpaid invoices, missed deadlines).

d) Neighbor or Tenant Conflicts

Repeated nuisances, property damage, or misuse of shared spaces, often resulting in fines or civil suits.

e) External Third Parties

Damage caused by contractors, municipalities, tourists, or natural events, requiring legal recourse for compensation or compliance.

📋 3. Procedural Steps for Legal Action

3.1 Internal Approval

Before initiating formal proceedings, the administrator must:

Identify the cause of action;
Consult the oversight committee (if present);
Call an extraordinary assembly;
Obtain majority approval (simple or qualified, depending on bylaws).

The minutes (acta) must explicitly authorize:

The legal objective (e.g., debt collection, damages, compliance order);
The attorney or firm selected;
The use of reserve or legal contingency funds.

3.2 Documentation

Legal action must be supported by:

Assembly resolution;
Notification proof (invoices, reminders, meeting invitations);
Contracts, bylaws, or declarations;
Evidence of breach (photos, reports, witness statements);
Power of attorney granted to the representing lawyer.

⚖️ 4. Civil Lawsuits Against Delinquent Owners

The most common case involves recovery of unpaid fees, especially in vacation rentals or speculative investments. Once owners are in default, the administrator may:

Send a formal extrajudicial demand (carta de requerimiento);
Impose interest or fines (per Article 21 and internal rules);
Suspend access to amenities;
Initiate a summary collection proceeding (juicio ejecutivo mercantil).

Legal Path:

Demand letter with proof of delivery;
Lawsuit filed in civil court;
Court issues payment order (mandamiento de pago);
Owner has 8–15 days to comply or contest;
In case of non-compliance:
- Wage garnishment;
- Property lien (embargo);
- Public auction of assets (remate).

Note: All procedures must respect due process to avoid counterclaims for procedural errors or abuse of authority.

🏗️ 5. Legal Action Against Developers

In many pre-construction or newly delivered projects, owners or the condominium may face:

Incomplete common areas;
Structural or material defects;
Overcharges or unauthorized fees;
Misuse of reserve funds;
Breach of delivery timelines.

Legal Tools Available:

Breach of contract claim;
Declaratory judgment (nulidad);
Collective complaint (denuncia colectiva);
Judicial request for accounting or audits;
Temporary injunction (medida cautelar) to stop certain developer activities.

The administrator must:

Gather contracts, deeds, and permits;
Engage a certified construction expert (perito);
File claim jointly with affected owners (if private units are involved);
Request judicial recognition of damages or payment orders.

Example: A group of 32 owners in a Tulum project sued the developer for not delivering the promised pool and security booth. The court ruled in their favor, and the developer was ordered to pay 1.2 million MXN in compensation.

📦 6. Vendor and Service Provider Disputes

Contractual relationships with cleaning companies, guards, elevator firms, and maintenance contractors can lead to legal disputes due to:

Nonperformance;
Excessive charges;
Accidents or liability issues;
Contract termination without cause.

Recommended Practices:

Always sign contracts with clear termination clauses;
Include penalty clauses for nonperformance;
Request insurance coverage or bonds;
Document performance issues before termination;
Engage arbitration or mediation before court.

🧱 7. External Party Claims

When the condominium is affected by third parties such as:

Public utilities (e.g., water cutoff);
Municipal construction projects (e.g., road damage);
Trespassers or criminals;
Environmental incidents (e.g., flooding).

The administrator may act through:

Administrative complaints (denuncia administrativa);
Lawsuits for damages (daño moral or material);
Constitutional appeal (amparo) if rights are violated.

Example: A Playa del Carmen condo suffered flooding due to blocked drainage from nearby roadworks. The administrator filed an amparo against the municipality, demanding infrastructure repair and damages.

🧑‍💼 8. Role of the Condominium Administrator in Legal Processes

The administrator is the legal representative of the condominium, per Article 16 of the state law, with the authority to:

Initiate, follow, or defend legal claims;
Appear before judges and administrative bodies;
Hire legal counsel;
Collect or execute court orders on behalf of the condominium.

However, all major decisions must be authorized by the assembly. Acting unilaterally exposes the administrator to:

Revocation;
Civil liability for unauthorized expenditures;
Personal financial consequences in case of legal defeat.

🧩 9. Role of the Oversight Committee and Owners

The oversight committee should:

Monitor legal expenditures;
Review attorney contracts and invoices;
Ensure transparency with all co-owners.

Owners have the right to:

Request updates on ongoing litigation;
Inspect case files or resolutions;
Vote in new directions or settlements;
Challenge abusive or unauthorized legal tactics.

🔎 10. Collective Legal Tools and Alternative Dispute Resolution

a) Mediation

Mexican law encourages conciliation and mediation. Condominiums may use:

Municipal mediation centers;
Private arbitration firms;
Assembly-mandated mediators.

b) Collective Claims

Multiple owners may join together for:

Class-action style suits (especially vs. developers);
Formal complaints against service providers;
Joint criminal reports for fraud or threats.

c) Administrative Defense

Filing petitions or appeals to:

Municipal planning departments;
Environmental agencies (SEMA);
Consumer protection offices (PROFECO);
Human rights commissions (when relevant).

📚 11. Legal References and Procedures

Ley de Propiedad en Condominio del Estado de Quintana Roo:
- Art. 16 – Powers of the administrator;
- Art. 21 – Collection of unpaid fees;
- Art. 30.VI – Assembly’s right to initiate legal actions;
- Art. 34 – Procedures for challenging internal acts.
Código Civil Federal:
- Articles 1345–1390 – Civil procedures;
- Articles 1910–1934 – Liability for damages;
- Articles 2545–2558 – Enforcement mechanisms;
- Article 1796 – Collective representation and civil action.
Código de Procedimientos Civiles del Estado de Quintana Roo (local code):
- Requirements for juicio ordinario and ejecutivo;
- Service, deadlines, and notifications;
- Execution of judgments.

🔚 Conclusion

Legal disputes are part of the life cycle of a condominium. Whether the conflict arises from within (e.g., non-payment or regulation violations) or externally (e.g., developer breach or third-party damage), the community must have clear procedures, competent leadership, and legal support.

Success in litigation is not only measured by court rulings—it is also about strategic timing, financial preparedness, and community consensus. Above all, proactive governance, transparency, and documentation are the best legal defense a condominium can have.

In the next section, we will explore the rights and obligations of renters, tenants, and temporary occupants, and how to manage rental regulations in touristic condominiums such as those in Riviera Maya.

🏠 Section 9 – Rights and Obligations of Tenants and Temporary Occupants in Mexican Condominiums

Condominium ownership in Mexico often intersects with rental activity. Whether the unit is leased under a traditional residential agreement or offered on short-term platforms like Airbnb, the rights and duties of tenants and temporary occupants are governed not only by civil law but also by the internal regulations of the condominium regime.

In high-demand areas such as the Riviera Maya, this topic becomes particularly sensitive, given the mix of long-term residents, investors, tourists, and property managers. A well-defined framework is crucial to ensure coexistence, preserve security, and maintain the legal integrity of the condominium structure.

📘 1. Legal Recognition of Tenants and Occupants

Mexican law clearly distinguishes between owners, lessees (tenants), and temporary occupants.

Under Article 7 of the Ley de Propiedad en Condominio del Estado de Quintana Roo:

“Los condóminos y los poseedores están obligados a respetar este ordenamiento legal, el reglamento de condominio y los acuerdos de la asamblea.”

This means that any person occupying a unit—whether as a tenant, guest, or user—is subject to the same obligations as the owner regarding:

Respect for common areas;
Compliance with internal rules;
Payment of applicable charges;
Peaceful coexistence with neighbors.

📑 2. Categories of Occupants

a) Long-Term Tenants

Individuals who rent a unit under a lease agreement (contrato de arrendamiento) of 6 months or more, typically:

Registered with local utility services;
Integrated into community life;
Considered quasi-permanent residents.

b) Short-Term Renters

Guests who occupy the unit for periods shorter than 30 days. Most often, these include:

Tourists via platforms like Airbnb, Vrbo, Booking;
Digital nomads;
Corporate rentals.

These guests may lack awareness of condo rules and are less likely to attend meetings or engage with the community.

c) Informal or Unauthorized Occupants

These include:

Friends or relatives of the owner;
Subtenants not approved by the administrator;
Squatters or guests beyond the lease term.

They are not exempt from legal responsibilities and may be expelled or reported if their presence violates regulations.

📜 3. Lease Agreements and Owner Responsibilities

According to Article 2411 of the Federal Civil Code:

“El arrendador es responsable por los actos del arrendatario que causen perjuicio a terceros o al inmueble, si le fueron permitidos o tolerados.”

This implies that the owner remains ultimately responsible for:

The conduct of the tenant;
Damage to common areas;
Noise or nuisance violations;
Legal compliance of lease duration, registration, and municipal permits.

Best Practices for Owners:

Include condominium rules as an annex to lease agreements;
Notify the administrator of new tenants;
Require deposits for potential damage;
Limit occupancy per contract;
Provide translated house rules for foreign guests.

🛠️ 4. Access to Amenities and Common Areas

Tenants and temporary occupants may use common areas (pool, gym, terraces, parking) under the same conditions as owners, unless:

Restricted by the assembly for specific categories (e.g., renters not allowed during high season);
Limited by prior violation or misuse;
Dependent on payment of fees (e.g., key card deposits, usage charges).

Condominiums may adopt internal regulations that:

Require identification or registration at security checkpoints;
Limit access hours or number of guests;
Impose usage fees for common amenities.

🚫 5. Prohibited Conduct and Grounds for Complaint

Tenants and guests are expected to respect:

Quiet hours (typically 10 p.m.–7 a.m.);
Maximum occupancy per unit;
Parking assignments;
Waste disposal rules;
Prohibition of commercial activity or events.

Violations may lead to:

Written warnings;
Fines (applied to the owner);
Denial of amenity access;
Legal or administrative proceedings.

Example: A group of tourists hosted a rooftop party that disrupted several floors. The administrator fined the unit owner 5,000 MXN and filed a report with the municipal tourism authority. Future short-term rentals were restricted.

🏢 6. Assembly-Approved Limitations on Rentals

Condominium assemblies may vote to:

Prohibit or restrict short-term rentals;
Require registration of all leases;
Establish a minimum rental term (e.g., 30 days);
Impose administrative fees on landlords.

Such resolutions are valid if adopted in accordance with quorum and majority rules, and become binding once included in the internal regulations.

Under Article 30 of the State Law, assembly resolutions are binding on all owners, including:

“Los ausentes y disidentes, siempre que se hayan tomado conforme a la ley y al reglamento.”

Owners who fail to comply may face:

Injunctions;
Financial penalties;
Legal suspension of rental activity.

🧾 7. Security and Identification Obligations

To maintain a safe environment, condominiums may require:

Tenant registration with the administrator;
Temporary badges or access codes;
Guest logs for all occupants beyond 24 hours;
Owner disclosure of occupant names and duration of stay.

Refusal to comply may lead to:

Denial of entry;
Notification to municipal authorities;
Investigation by immigration or tourism regulators (especially for foreign guests without permits).

⚠️ 8. Liability for Damages and Violations

Tenants who cause property damage or violate internal rules are personally liable under the Federal Civil Code (Articles 1910–1916), but enforcement often falls on the owner due to:

Lack of direct contract with the tenant;
Limited jurisdiction over short-term visitors;
Assembly resolutions imposing owner liability.

Recommended safeguards:

Lease clauses transferring liability to the tenant;
Security deposits held in escrow;
Insurance policies covering damages by guests;
Owner-guest communication systems (e.g., digital handbooks).

🔎 9. Enforcement Mechanisms

The condominium may act through:

a) The Administrator

Issues warnings or fines to the owner;
Denies amenity access to violators;
Coordinates with building staff or security.

b) The Oversight Committee

Monitors complaints;
Documents repeated violations;
Proposes rule changes to the assembly.

c) The Assembly

Votes on restrictions or sanctions;
Approves legal action against chronic violators;
Modifies bylaws to adapt to rental trends.

🧠 10. Real-World Case Examples

i. Assembly Restricts Airbnb Rentals

A Riviera Maya complex experienced rising noise complaints from vacation renters. The assembly voted to ban rentals under 30 days and required municipal registration. An owner sued. The court upheld the rule, citing legal quorum and alignment with zoning laws.

ii. Owner Fined for Guest Misconduct

An owner repeatedly rented to tourists who caused property damage. The administrator imposed fines totaling 18,000 MXN. The owner challenged the amount but was overruled due to prior written warnings.

iii. Tenant Denied Pool Access

A long-term tenant failed to register with the administrator. Security denied entry to the pool. The owner later intervened, and access was restored after compliance.

📚 11. Legal Citations and Framework

Ley de Propiedad en Condominio del Estado de Quintana Roo:
- Art. 7 – Obligations of owners and occupants;
- Art. 21 – Collection of fees and sanctions;
- Art. 30 – Assembly powers;
- Art. 34 – Legal action procedures.
Código Civil Federal:
- Art. 1796 – Coexistence obligations;
- Art. 1910–1916 – Liability for damages;
- Art. 2411 – Leaseholder obligations and landlord liability.
Municipal Zoning Laws and Tourism Norms:
- May impose fines for unregistered rentals;
- Require licensing for short-term rental platforms.

🔚 Conclusion

In a condominium, occupancy carries responsibility. Whether staying for one day or one year, all tenants and guests are subject to the community’s rules and Mexican law. The property owner remains ultimately responsible for ensuring compliance and mitigating conflict.

To foster harmony and legal protection, condominiums should implement:

Transparent leasing policies;
Regular updates to internal regulations;
Clear communication with landlords and tenants;
Proactive enforcement with legal backing.

As rental dynamics evolve, especially in touristic zones like Quintana Roo, the balance between ownership rights and community order will depend on adaptive governance and enforceable norms.

In the next section, we will address internal security, access control, and behavioral codes within condominium regulations, and how to implement them in compliance with national and local laws.

🔐 Section 10 – Security, Access Control, and Internal Coexistence Rules in Mexican Condominiums

In a condominium, security and coexistence are not just expectations—they are legal and operational responsibilities. Particularly in high-density or luxury developments, the enforcement of access protocols and behavioral norms directly impacts safety, quality of life, and property value.

In Mexico, condominium security and internal regulations are governed by a combination of federal civil law, state condominium laws (such as in Quintana Roo), and the internal rules voted by the owners’ assembly. This section explores how condominiums legally manage security, establish access protocols, and create enforceable internal regulations for peaceful and respectful coexistence.

📘 1. Legal Foundation for Security and Regulation

Under Article 30 of the Ley de Propiedad en Condominio del Estado de Quintana Roo, the condominium assembly has the legal authority to:

“Establecer las normas de convivencia, así como los procedimientos de vigilancia, acceso y seguridad del inmueble.”

This means that the assembly of owners may:

Define internal behavioral codes;
Approve or amend access and visitor policies;
Contract private security services;
Implement sanctions for violations.

These rules become enforceable once incorporated into the internal regulations (Reglamento Interno), which must be:

Approved by the assembly with proper quorum;
Distributed to all owners;
Registered with the condominium documents (if required by the bylaws).

🚪 2. Access Control: Who Can Enter the Condominium?

A core element of condominium security is access control—the procedures and systems used to manage who enters and exits the property.

2.1 Residents and Owners

Must be identified and registered in the administrator’s records;
May receive access cards, stickers, or biometric codes;
Their guests and service providers are logged under their unit.

2.2 Tenants

Owners are responsible for ensuring tenants are registered with the administration;
Leases should indicate:
- Number of occupants;
- Duration of stay;
- Contact information.

Failure to register tenants may result in restricted access or fines for the owner.

2.3 Visitors

Most condominiums require:
- Photo identification at the gate;
- Authorization from the resident;
- Entry logged by the guard.

Some high-security developments implement:

QR code generation apps;
Guest lists submitted in advance;
Facial recognition systems.

2.4 Staff and Contractors

All domestic workers, nannies, maintenance contractors, and delivery personnel must:
- Present ID;
- State destination;
- Be logged in and out.

Some condos require:

Background checks for full-time staff;
Uniforms and visible credentials;
Service hours limitations (e.g., 8 a.m.–6 p.m.).

🛡️ 3. Physical Security Measures

To protect residents and common property, condominiums may install and operate:

24/7 guardhouses with trained personnel;
Closed-circuit video surveillance (CCTV);
Access barriers (gates, turnstiles, rising bollards);
Perimeter fencing or walls;
Motion-sensor lighting;
Panic buttons and alarm systems.

These systems must comply with data privacy laws (Ley Federal de Protección de Datos Personales). CCTV footage cannot be shared or published without legal cause or assembly authorization.

📜 4. Internal Coexistence Rules (Reglamento Interno)

The Internal Regulations are the behavioral backbone of a condominium. Legally adopted under Article 30 section IV, they are binding upon:

Owners;
Tenants;
Temporary guests;
Visitors and staff while on premises.

4.1 Topics Commonly Regulated

Noise restrictions (hours, volume, instruments);
Pet policies (number, breed, leash requirements);
Use of common areas (pool, gym, BBQs, rooftop);
Parking rules (assigned spots, guest parking, towing);
Waste disposal and recycling procedures;
Use of balconies, flags, or banners;
Smoking in common or enclosed spaces;
Use of drones or recreational devices.

4.2 Format and Enforcement

A well-structured Reglamento Interno includes:

Preamble with purpose and authority;
Definitions of key terms;
Scope of application;
Detailed rules by category;
Table of sanctions or penalties;
Enforcement procedure and appeals process.

Once approved by the assembly, it must be:

Disseminated to all residents (digitally or printed);
Displayed in common areas if possible;
Enforced uniformly without discrimination.

🧾 5. Sanctions and Disciplinary Measures

If a rule is violated, the administrator or oversight committee may impose:

a) Written Warnings

First notification;
Specifies the rule violated;
Requests corrective action within a deadline.

b) Fines

Only legal if:
- Previously approved by the assembly;
- Amount and escalation schedule published;
- Recipient has a chance to respond or appeal.

Typical fine structure:

Violation	1st Offense	2nd Offense	3rd Offense
Excessive noise	500 MXN	1,000 MXN	1,500 MXN
Unregistered guest	250 MXN	500 MXN	1,000 MXN
Unauthorized pet	1,000 MXN	2,000 MXN	Expulsion or legal action

c) Access Restriction

For amenities (e.g., gym, pool), temporary suspension is permitted if:

Rules were clearly stated;
Prior notice was given;
Offense is repeated or serious.

⚠️ 6. Limitations and Legal Considerations

6.1 Discrimination

The internal regulations must not:

Discriminate based on race, gender, nationality, religion, or sexual orientation;
Prohibit lawful conduct protected by constitutional rights (e.g., peaceful assembly);
Treat owners unequally unless justified by ownership size or regulation.

6.2 Excessive Fines

Sanctions must be proportional to the infraction. Excessive or abusive fines may be challenged in:

Civil court;
Administrative tribunals;
Human Rights Commission (in case of systematic abuse).

6.3 Privacy Violations

Surveillance must:

Be limited to common areas;
Not record inside private units;
Be announced via signage;
Have controlled access logs.

🧠 7. Real-Life Case Studies

i. Guest Registry Dispute

A Cancun condo introduced a rule requiring all guests to be pre-registered. One resident refused, citing privacy. The assembly clarified the rule, limiting it to overnight guests only. Harmony was restored through compromise and signage.

ii. Pet Restrictions Overturned

A Playa del Carmen condo banned all dogs. A resident sued, claiming discrimination and emotional distress. The judge ruled in their favor, allowing pets under 15 kg with leash and vaccination requirements.

iii. Airbnb Guests Evicted for Noncompliance

A short-term renter ignored pool hours and hosted parties. Security denied access after the third violation. The owner was fined and restricted from renting for 3 months.

📚 8. Legal Citations and Institutional Support

Ley de Propiedad en Condominio del Estado de Quintana Roo:
- Art. 7 – Obligations for owners and occupants;
- Art. 21 – Sanctions and enforcement;
- Art. 30 – Assembly powers to regulate coexistence;
- Art. 34 – Legal action and appeals.
Código Civil Federal:
- Art. 1796 – Good faith and coexistence;
- Art. 1910–1916 – Liability for damages;
- Art. 1345–1390 – Civil due process.
Ley Federal de Protección de Datos Personales:
- Regulates video surveillance and personal data handling;
- Requires privacy notices for monitoring systems.
Jurisprudencia:
- Mexican courts have upheld the authority of assemblies to fine owners and regulate noise, pets, and access—provided due process is followed.

🧩 9. Best Practices for Safe and Harmonious Living

Appoint a trained building manager or security chief;
Use digital access systems with audit logs;
Schedule annual reviews of the internal regulations;
Create a welcome handbook in Spanish and English;
Offer conflict mediation services (via administrator or third-party);
Hold quarterly meetings focused on community feedback;
Maintain a transparent incident log for the oversight committee.

🔚 Conclusion

Security and coexistence are the pillars of condominium life. While the law grants owners broad rights, it also imposes strict duties to ensure the safety, tranquility, and mutual respect among all occupants.

Through well-drafted regulations, fair enforcement, and responsible management, a condominium becomes more than a building—it becomes a sustainable community. In a region like Quintana Roo, where tourism and long-term living intersect, this balance is essential.

In the next section, we will examine transparency, financial reporting, and document management obligations for administrators and oversight committees—critical for trust and legal compliance.

🧾 Section 11 – Administrative Transparency, Financial Reporting, and Document Archiving in Mexican Condominiums

In the modern legal and operational framework of condominium management in Mexico, transparency and accountability are not optional—they are legally required and essential for community trust and long-term stability. Administrators and oversight committees are entrusted with the management of common resources and the protection of documentation, and their work must meet standards of legality, accuracy, and accessibility.

This section explores how administrative transparency is enforced in Mexican condominiums, particularly in the state of Quintana Roo, and provides detailed guidance on financial reporting practices, document archiving policies, and the legal right of access to records by co-owners.

📘 1. Legal Framework for Transparency

Under Article 17 of the Ley de Propiedad en Condominio del Estado de Quintana Roo, the administrator is explicitly required to:

“Rendir cuentas detalladas de su gestión y poner a disposición de los condóminos los documentos que amparen el manejo financiero, así como el estado del condominio.”

This means the administrator must:

Provide detailed financial statements;
Justify every income and expenditure;
Grant access to original supporting documents;
Ensure physical or digital access to owners upon request;
Deliver timely reports at specified intervals.

The oversight committee (Comité de Vigilancia) also plays a critical role in monitoring compliance with these obligations.

📑 2. Types of Reports and Required Frequency

a) Quarterly Reports (Informes Trimestrales)

Every 3 months, the administrator must prepare and present to the committee or assembly:

Income received from fees, penalties, or other sources;
Expenses paid, itemized by category;
Cash-on-hand and bank balances;
Reserve fund status;
Outstanding debts (accounts receivable);
Comments on deviations from the annual budget.

b) Annual Report (Informe Anual)

Delivered at the Ordinary Annual Assembly, it includes:

Full-year financial statement;
Audit or review by the oversight committee;
Budget performance analysis;
List of delinquent accounts;
Maintenance log summary;
Proposed budget for the next fiscal year.

The annual report must be voted on by the assembly. Approval or rejection is recorded in the official minutes (acta).

📊 3. Components of a Transparent Financial Report

Each financial report must include:

Section	Description
Income Summary	Fees collected, penalties, rental income, donations
Expense Ledger	Utilities, salaries, contracts, materials
Reserve Fund Movements	Contributions, uses, balance
Bank Reconciliation	Statement-matching, deposits, withdrawals
Accounts Receivable	List of debtors, aging schedule
Budget Comparison	Approved vs. actual, with variance notes
Supporting Documents	Invoices, receipts, transfer proofs, contracts

These must be organized, labeled, and stored in a format accessible for inspection by the oversight committee and, upon request, by any owner.

🗂️ 4. Document Archiving Requirements

Administrators are required to maintain records that are:

Complete (with originals or certified copies);
Accessible (digitally or physically);
Organized by type and fiscal year;
Retained for at least 5 years (or longer depending on state laws or tax requirements).

a) Types of Documents to Archive

Assembly minutes and attendance records;
Contracts with service providers and staff;
Invoices, receipts, and payment orders;
Bank statements and reconciliations;
Lease agreements (if relevant);
Regulatory permits or inspection reports;
Communications and notices to residents;
Surveillance logs (for access/security control);
Insurance policies and claims;
Legal proceedings, rulings, and complaints.

b) Archiving Format

Paper-based records must be stored in a fireproof, locked cabinet;
Digital records must be:
- Password-protected;
- Backed up regularly;
- Accessible via cloud or USB on request;
- Indexed with metadata (date, type, source).

🔍 5. Right to Inspection by Owners

Under Article 17 and 34, every co-owner has the right to:

Inspect administrative records;
Request copies of invoices or minutes;
Verify budget implementation;
Audit specific expenditures (individually or via the oversight committee).

Limitations:

Requests must be in writing;
Owners must be up to date with payments (if stipulated in the bylaws);
Cannot request confidential personal data of other residents;
Must not damage or alter the original documents.

Example: An owner suspects inflated gardening expenses. He submits a written request for the last 6 months of landscaping invoices. The administrator must respond within 15 business days and allow supervised review or provide scanned copies.

📤 6. Digital Transparency Tools

Modern condominiums increasingly use digital platforms for transparency. These include:

a) Cloud-Based Condo Management Software

Owner access to real-time balances and payment history;
Document repository for all financial reports and minutes;
Automated notifications and voting functions;
Access logs for transparency.

Examples: TuCondominio.mx, CondoVive, Habita, AdministraCondo.

b) Secure Email or File Transfer Portals

For sharing sensitive documents (e.g., tax returns, legal contracts) with password protection and download tracking.

c) Digital Notice Boards

Touchscreen or app-based announcements to replace traditional printed bulletins.

🧑‍⚖️ 7. Role of the Oversight Committee

The Comité de Vigilancia is elected by the assembly and empowered to:

Review all financial reports;
Inspect receipts, invoices, and bank statements;
Issue findings or recommendations;
Request explanations or corrections;
Report irregularities to the assembly or legal authorities.

The committee must also ensure that:

Records are not falsified;
No conflict of interest exists in procurement;
Emergency expenditures are justified and documented.

Failure of the committee to act may expose its members to legal or civil liability.

⚠️ 8. Sanctions for Lack of Transparency

If the administrator fails to comply with reporting obligations, the following may occur:

a) Assembly Actions

Warning or formal reprimand;
Denial of salary or contract renewal;
Immediate dismissal;
Vote to initiate legal action.

b) Legal Consequences

Civil lawsuits for mismanagement or breach of fiduciary duty;
Criminal complaints in case of fraud or embezzlement;
Suspension of administration and appointment of judicial trustee (intervención judicial).

Case Law Example: A Cancun condominium administrator failed to provide financial records for 18 months. The assembly dismissed him and sued for 320,000 MXN in unaccounted expenses. The court ordered restitution and barred the administrator from future office for 5 years.

📚 9. Legal Citations and Framework

Ley de Propiedad en Condominio del Estado de Quintana Roo:
- Art. 17 – Reporting and document obligations;
- Art. 21 – Enforcement and sanctions;
- Art. 30 – Oversight and assembly rights;
- Art. 34 – Legal remedies and rights of inspection.
Código Civil Federal:
- Art. 1910–1916 – Liability for damages;
- Art. 1345–1390 – Civil procedures and injunctions.
Ley Federal de Protección de Datos Personales:
- Governs privacy and access control for documents;
- Ensures balance between transparency and confidentiality.

📦 10. Best Practices for Transparent Administration

Publish reports quarterly and annually without needing a request;
Use infographics and simplified summaries for broad understanding;
Maintain redundant archives in both digital and physical form;
Conduct annual external audits for credibility;
Train administrators in document management and compliance;
Use a digital registry for all document movements and owner requests.

🔚 Conclusion

Administrative transparency is the cornerstone of good governance in any condominium. Without it, trust erodes, legal exposure grows, and community harmony breaks down.

Mexican law provides a robust framework for transparency, but compliance depends on the diligence and integrity of the administrator and oversight committee. Through clear reporting, accessible documentation, and open communication, condominiums can ensure legality, stability, and owner confidence.

In the next section, we will explore construction and renovation rules inside condominium regimes, including structural limitations, approval requirements, and design conformity.

🏗️ Section 12 – Construction Rules, Expansions, Renovations, and Structural Restrictions in Mexican Condominiums

In a condominium regime, the right to use, modify, or improve one’s private unit is not absolute. It is bounded by legal, structural, and community limitations. While owners enjoy full title over their exclusive space, any modification—especially those involving facades, structure, installations, or common areas—requires careful compliance with internal bylaws and municipal regulations.

This section outlines the legal framework governing construction, expansion, remodeling, and renovation in Mexican condominiums, with particular focus on the State of Quintana Roo. It explores what is allowed, what is restricted, and what procedures must be followed to ensure lawful, safe, and aesthetically coherent development.

📘 1. Legal Basis and General Restrictions

The foundational legal text is Article 23, section IV of the Ley de Propiedad en Condominio del Estado de Quintana Roo, which states:

“Queda prohibido a los condóminos realizar modificaciones que afecten elementos estructurales, fachadas, instalaciones generales o bienes comunes, sin la autorización correspondiente.”

This provision is reinforced by:

Local construction codes (Reglamento de Construcción Municipal);
Zoning and land use plans;
The condominium’s internal regulations;
Assembly resolutions adopted under Article 30.

The purpose of these norms is to preserve:

Structural integrity;
Architectural harmony;
Common services (plumbing, drainage, electrical systems);
Safety and neighbor comfort;
Property values.

🏠 2. What Owners Can Modify Freely

Owners may make improvements within their unit, provided such works:

Do not alter load-bearing walls or structural slabs;
Do not connect to or interfere with communal systems (drainage, gas, antennas);
Do not impact sound insulation, ventilation, or fire safety;
Are limited to interior surfaces, finishes, and furniture.

Permitted examples:

Painting walls;
Installing ceiling fans or lighting;
Replacing flooring;
Updating kitchen cabinetry or bathroom fixtures (within unit’s footprint);
Adding or removing interior non-structural partitions.

Even in these cases, advance notice to the administrator is recommended, particularly if the work involves noise, odors, heavy machinery, or frequent deliveries.

🚧 3. Renovations Requiring Approval

Renovations that require written permission from the administrator and/or assembly include:

Bathroom or kitchen relocation (involving water and drainage changes);
Electrical system upgrades (new panels, air conditioning units);
Interior modifications that affect sound transmission (e.g., removing acoustic panels);
Changes to windows visible from outside;
Installation of awnings, blinds, or balcony enclosures.

The process typically includes:

Submission of a written request;
Description of the work, plans, and contractor information;
Estimated timeline and working hours;
Certificate of liability insurance (if required by bylaws);
Payment of a guarantee deposit (for damage to common areas);
Review by the administrator or committee;
Final authorization.

🧱 4. Prohibited Modifications Without Assembly Authorization

The following modifications are prohibited unless approved by the general assembly with qualified majority:

Modifying facades (paint color, materials, balconies);
Expanding the unit’s footprint into common areas;
Adding floors or building on rooftops;
Installing external HVAC compressors on walls or roofs;
Constructing pergolas, terraces, or fences on common grounds;
Altering the color, height, or design of handrails;
Converting window frames or door shapes;
Replacing exterior lighting with different models.

Case Example: An owner painted their terrace wall blue to match their furniture. The condominium had a uniform white/beige scheme. Neighbors objected. The assembly ordered restoration to original color and fined the owner 3,000 MXN.

🧾 5. Municipal Permits and Zoning Considerations

Beyond condominium rules, the municipality (e.g., Playa del Carmen, Tulum, Cancún) enforces:

Construction permits (licencia de obra menor o mayor);
Land use compatibility (uso de suelo);
Environmental impact authorizations (for large works or near protected zones);
Historical or coastal protection laws (in special zones);
Fire and civil protection compliance.

No owner may begin construction without checking if the planned work requires:

Structural calculations;
Professional blueprints;
Civil engineer signature;
Payment of permit fees.

Failure to comply may result in:

Work stoppage orders;
Fines from 10,000 to 500,000 MXN;
Demolition of unauthorized structures;
Legal liability in case of damage.

🧩 6. Shared Infrastructure and Technical Limitations

Owners may not interfere with:

Vertical ducts for plumbing or electrical wiring;
Roof waterproofing shared with other units;
Foundations or columns;
Elevators, tanks, or communal drainage lines;
Fiber optic, satellite, or intercom systems.

Any modification in these zones must be executed by licensed professionals, coordinated with building management, and, if needed, supervised by an external engineer (perito estructural).

🧰 7. Internal Construction Protocols

Condominiums often implement construction rules to regulate on-site works:

Rule	Typical Requirements
Work Hours	Monday–Friday, 9 a.m.–5 p.m.; no holidays
Protective Measures	Mats in elevators, sealed pathways
Elevator Use	Only service elevator permitted
Waste Removal	Daily removal, no use of common bins
Worker Registration	ID submitted to administrator, photo badge issued
Noise Control	No hammering or drilling after 3 p.m.

Violations may result in:

Temporary suspension of the work;
Monetary fines;
Ban on the contractor or owner from future work.

👥 8. Role of the Assembly and Oversight Committee

Under Article 30 sections I, III and IV, the assembly may:

Approve or deny major structural modifications;
Define aesthetic guidelines;
Amend internal regulations with construction norms;
Impose sanctions for non-compliance.

The oversight committee should:

Monitor large-scale renovation works;
Ensure documentation is complete;
Review photos or site visits;
Report irregularities to the assembly.

⚖️ 9. Legal Consequences of Unauthorized Modifications

Unauthorized construction or renovation may lead to:

a) Civil Liability

Damage to neighbors (water leaks, wall cracks);
Devaluation of adjacent units;
Claims for loss of quiet enjoyment.

b) Administrative Penalties

Fines imposed by the municipality or condominium;
Suspension of services (e.g., gate access or maintenance support);
Injunctions or demolition orders (via court).

c) Denial of Future Permissions

Owners who violate rules may be prohibited from applying for additional work permits or may be required to post higher deposits.

🧠 10. Real-World Case Studies

i. Rooftop Expansion Dispute

An owner in Tulum added a rooftop palapa with bar and lounge area without permission. Neighbors complained of noise and visual obstruction. The assembly ordered its removal. The owner sued, but the court sided with the condominium due to prior rules banning rooftop constructions.

ii. Enclosed Balcony Fined

In Playa del Carmen, an owner enclosed their terrace with glass. Although aesthetically pleasing, it was visible from the main façade. The building had a policy preserving open balconies. The owner was fined 20,000 MXN and ordered to dismantle the structure.

iii. Structural Floor Plan Change

An owner removed a non-load-bearing wall but failed to verify electrical routing. The action caused an outage in adjacent units. The administrator intervened. The owner paid for all repairs and was charged a fine equivalent to 15% of the unit’s monthly fee for six months.

📚 11. Legal Citations and Supporting Framework

Ley de Propiedad en Condominio del Estado de Quintana Roo:
- Art. 23 – Prohibitions and obligations on structural changes;
- Art. 30 – Powers of the assembly regarding modifications;
- Art. 34 – Enforcement and legal recourse.
Código Civil Federal:
- Articles 1910–1916 – Liability for damages;
- Articles 1345–1390 – Civil actions and injunctions.
Reglamento de Construcción Municipal (varies by city):
- Definitions of minor vs. major work;
- Requirements for permits and inspections;
- Fines for noncompliance.
Ley de Asentamientos Humanos y Desarrollo Urbano:
- Regulates land use, density, and zoning compliance.

📌 12. Best Practices for Owners and Administrators

Always check internal rules before planning any renovation;
Inform neighbors of noise and possible disturbance;
Submit plans and contractor info to the administrator;
Use certified professionals and ensure insurance coverage;
Keep a renovation logbook with before-and-after photos;
Document all approvals and correspondence in writing.

🔚 Conclusion

Construction, renovations, and expansions in condominiums must balance private improvement with collective interest. The law protects architectural harmony, structural safety, and the rights of other residents. Owners, administrators, and committees must collaborate transparently to ensure that any physical change enhances rather than disrupts community life.

In the final section of this guide, we will explore fiscal regulations, the fideicomiso trust system for foreign ownership, and how real estate investment in Mexican condominiums is structured for both national and international buyers.

🌍 Section 13 – Tax Regulations, Fideicomiso, and Foreign Investment in Condominiums in Mexico

Mexico’s booming coastal markets—especially in the Riviera Maya, Los Cabos, and Puerto Vallarta—have become prime targets for foreign investment in residential real estate. Condominium units, in particular, attract retirees, digital nomads, and global investors due to their affordability, amenities, and legal protections.

However, foreign ownership of real estate in Mexico is subject to specific rules and tax obligations. This section explores the fiscal and legal landscape for national and international investors in condominiums, focusing on the fideicomiso trust system, applicable taxes, and compliance strategies for sustainable ownership.

📘 1. Constitutional Framework and Foreign Ownership Restrictions

According to Article 27 of the Mexican Constitution, foreign individuals or entities cannot directly own real estate located within:

50 kilometers of the coast, or
100 kilometers of the borders (the “Restricted Zone”).

This constitutional protection aims to preserve national sovereignty but does not prohibit foreign ownership—rather, it regulates the legal structure through which it must occur.

🏦 2. The Fideicomiso: Real Estate Trust for Foreign Ownership

To legally acquire a property within the Restricted Zone, a foreign buyer must use a Fideicomiso de Zona Restringida—a real estate trust authorized and supervised by the Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores – SRE).

2.1 What is a Fideicomiso?

It is a bank trust agreement, wherein:

A Mexican bank (fiduciario) holds the title to the property;
The foreign buyer (fideicomisario) retains all rights of use, lease, sale, inheritance, and improvement;
The seller (fiduciante) transfers ownership to the bank for the benefit of the buyer.

The buyer is the economic and legal beneficiary, even though the title is held in the bank’s name.

2.2 Term and Renewal

The fideicomiso has a 50-year term, renewable for another 50 years;
It may be transferred or inherited to foreign or national successors;
Multiple co-beneficiaries and heirs may be designated.

2.3 Fideicomiso vs. Mexican Corporation

Foreign investors often compare the fideicomiso with incorporating a Mexican company (Sociedad Anónima – SA or Sociedad de Responsabilidad Limitada – SRL) to hold property. Key differences:

Feature	Fideicomiso	Mexican Corporation
Ownership	Individual beneficiary	Corporate entity
Use	Residential only	Commercial/residential
Tax ID	Personal RFC	Corporate RFC required
Annual Reporting	Minimal	Mandatory (SAT + corporate filings)
Cost	Setup: $2,000–$3,000 USD	Similar or higher
Renewal	Every 50 years	Perpetual, unless dissolved

For personal residential use, fideicomiso is simpler and more tax-efficient. For investment portfolios or rental businesses, a corporation may be preferable.

💰 3. Acquisition Taxes and Fees

Upon purchasing a condominium unit in Mexico, buyers (whether national or foreign) must pay several taxes and administrative fees:

3.1 Transfer Tax (Impuesto Sobre Adquisición de Inmuebles – ISAI)

Rate varies by municipality, typically 2% to 4.5% of the property value;
Paid at the time of notarization;
Based on the higher of:
- Declared sale price, or
- Cadastral appraisal (avaluo catastral).

3.2 Notary Fees

Legal formalization of property deeds must be completed by a Notario Público;
Fees range from $1,500 to $4,000 USD, depending on the transaction’s value and complexity.

3.3 Registration Fees

Paid to the Public Registry of Property (Registro Público de la Propiedad);
Typically 0.5% to 1% of the property value.

💸 4. Income Tax on Rentals (Impuesto Sobre la Renta – ISR)

Owners who rent out their unit—short or long term—are subject to Income Tax (ISR) on the net rental income.

4.1 Tax Obligations for Individuals

If renting occasionally, foreign owners may pay a withholding tax (25% gross or 35% on net income);
If renting regularly, they must:
- Register with the Mexican Tax Administration (SAT);
- Obtain a tax ID (RFC);
- File monthly and annual declarations;
- Issue electronic invoices (CFDI) to tenants or platforms;
- Deduct allowable expenses (maintenance, depreciation, utilities, commissions).

4.2 Tax Obligations for Corporations

Rental income taxed under corporate income tax regime (ISR corporativo);
Tax rate: 30% on net profit;
Strict accounting and reporting rules apply;
Must submit monthly VAT and ISR reports.

4.3 Value-Added Tax (IVA) on Rentals

Residential leases are exempt from VAT;
Vacation or short-term rentals (under 28 days) are subject to 16% VAT;
Collected by the owner or rental platform;
Must be declared and remitted monthly.

📈 5. Capital Gains Tax on Property Sale

When a foreign or national owner sells a condominium unit, capital gains may be taxed under ISR on property disposals.

5.1 How It’s Calculated

Based on the difference between the sale price and the original acquisition cost;
Adjusted for:
- Inflation index;
- Improvement investments (documented with receipts);
- Selling expenses and commissions;
- Notary and registration fees;
Maximum rate: 35% (individuals) or 30% (corporations).

5.2 Exemptions and Reductions

Primary residence exemption applies only to Mexican residents with:
- CURP (unique population ID);
- Domicile proof;
- Living in the property for at least 3 years;
- One exemption every 3 years;
- Cap: 700,000 UVIs (approx. 4.2 million MXN).
Non-residents may apply for tax treaty benefits (e.g., U.S.–Mexico Tax Treaty) to avoid double taxation.

📝 6. Fiscal Responsibilities of Foreign Owners

Even foreign owners with no business activity must:

Keep documentation proving ownership and payment history;
Maintain annual property tax (Predial) up to date (usually low, <0.1% of value);
Renew fideicomiso annually (approx. $500–$800 USD/year);
Ensure compliance with condominium fees and reserve contributions.

Rental Activity triggers registration requirements with the Servicio de Administración Tributaria (SAT).

Failure to comply can result in:

Audits;
Fines;
Freezing of Mexican bank accounts;
Prohibition from selling or transferring property.

🧠 7. Legal and Tax Optimization Strategies

a) Use of a Mexican Company (Sociedad)

Recommended for investors owning multiple units;
Allows VAT recovery;
Facilitates deductible expenses and payroll for staff;
Enables branding and marketing as a business;
Requires monthly SAT filings and accountant.

b) Trust and Estate Planning

Fideicomiso allows designation of successors and substitute beneficiaries;
Avoids Mexican probate (juicio sucesorio);
Reduces legal delays and risk of inheritance disputes;
Ideal for non-residents with no Mexican will.

c) Avoiding Underdeclaration

Always register the full sale price in the deed;
Underreporting may reduce future basis and increase capital gains tax;
May trigger SAT review or invalidate exemptions.

🧾 8. Reporting Obligations and International Compliance

Mexico is part of the Common Reporting Standard (CRS) and shares financial information with over 100 countries;
Foreign owners with Mexican bank accounts or trusts may be reported to their home tax authorities;
U.S. citizens must report fideicomisos as foreign trusts under IRS Form 3520/3520-A;
EU residents may have FATCA-equivalent obligations depending on their jurisdiction.

📚 9. Legal Citations and Sources

Constitution of Mexico – Art. 27 (Foreign Ownership)
Ley de Inversión Extranjera – Art. 10–14 (Fideicomiso)
Ley del Impuesto Sobre la Renta (ISR) – Art. 126–159 (Individuals), Art. 9–17 (Corporations)
Ley del IVA – Art. 20 (Services and exemptions)
Ley del Notariado del Estado de Quintana Roo
Código Fiscal de la Federación
Municipal Treasury Regulations (Reglamento de Hacienda Municipal)

🔚 Conclusion

Foreign investment in Mexican condominiums is legally supported, fiscally viable, and increasingly secure—but it requires full awareness of the applicable tax laws and trust structures. The fideicomiso system enables legal ownership in restricted zones, while income and sale tax obligations vary depending on usage, structure, and residency.

Transparency, documentation, and professional advice are essential for maximizing returns and minimizing risk. With the right structure and compliance, investing in Mexico’s condominium market can be both personally fulfilling and financially sound.

This concludes our comprehensive guide on the condominium regime in Mexico.

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