In the first place, it is worth asking ourselves: What is an Condo Assembly?
The Law on Property in Condominium of the State of Quintana Roo defines the Assembly as the supreme body of the condominium, made up of the meeting of the Condominium Owners.
In general, the Condo-owners Assembly is the one that decides the course, administration and operation of the condominium. Likewise, it is important to consider that any modification to the condominium’s constituent deed and its regulations must be agreed upon in an Assembly, which must be attended by at least 75 percent of the condominium’s undivided property, and its resolutions will be taken by majority vote. To learn more about the type of assemblies and the requirements for quorum, consult our article: What Are The Different Types of Condo Assemblies And What Is The Necessary Quorum?
A meeting minute must be drawn up for each Assembly, containing the Order of the Day and the agreements taken by the owners. To learn more about meeting minutes, see our article: How To Draft a Condo Assembly Meeting Minutes?
The agreements reached in the Assembly are binding on all the condominium owners. If an Assembly is not held following the law or illegal agreements are adopted, the dissenters may exercise legal action to challenge the assembly.
Now, what is the Statute of Limitations?
The Statute of Limitations is the extinction of the right that one has to exercise a legal action due to the passage of time.
You must consider that to exercise legal action against an Assembly of Owners. There is a deadline. If this period elapses, the right to challenge an Assembly is lost.
The Civil Code of the State of Quintana Roo establishes the terms for the prescription according to the case in question. In other words, to determine the limitation period, a particular study of the meeting minutes must be carried out in light of said Code to determine such period.
In this article, we will refer to some instances below:
- In cases of lack of formalities of the meeting minutes, the action to exercise its nullity prescribes in two years, counted from the assembly date.
- The annulment action based on an error prescribes in two years.
- The action to request the nullity of a legal act (in this case, an assembly) made with violence prescribes six months from the end of violence.
- If the meeting minutes derive a civil liability arising from illegal acts that do not constitute crimes, the prescription is one year from the day the action was carried out.
- If agreements for the collection of condominium fees have been approved in a meeting, the statute of limitations is two years to take action to collect them.
- Suppose it has been agreed to demand the rendering of accounts from an administrator in a meeting. In that case, the statute of limitations is two years to require the rendering of accounts legally.
It is important to note that in cases not provided for in the law, the statute of limitations is six years from the act.
However, it is imperative that if you detect or suspect any anomaly or illegality in a condominium assembly, you immediately go to expert lawyers who can provide you with immediate advice, so you can file a defence in time to defend your rights and assets if you are affected by an irregular condominium assembly.
Our law firm has expert condominium attorneys who can provide you with accurate and expeditious advice in such cases.
If you have questions or require more information about sanctions, changes to the regulations or assemblies, schedule a free 30-minute phone call with us on our site www.litigationlawyers.com or follow us on our social networks LitigationLawyers.Mx and Quintana Roo Civil Law – Support and Advice (Cozumel, Playa del Carmen) on Facebook.