Best Practices For Condominium Administrators in Mexico
A relevant issue in a Condominium is the election of an Administrator, since in this role falls the responsibility of taking care of the income and expenses of the Condominium, as well as making the conditions of the different areas of the Condominium prevail the best possible, using for such his expertise and good performance of his work group
In this context, it is always advisable for the Condominium Administrator to be subjected to what the Condominium Property Law establishes, since doing his function in strict adherence to the Law, will make his performance fully supported. For such, we inform you some of the points to be taken into account by the Administrators during their performance.
1.- Take care, monitor and keep in good condition the Condominium common use assets, facilities and common services.
2.- Collect and keep, during his management, the books and documentation related to the Condominium.
3.- Perform all the acts of administration and conservation that the Condominium requires in its Common Areas.
4.- Carry out the necessary works for the Condominium, in strict adherence to the Regulations and the Condominium Property Law.
5.- Execute and carry out the agreements of the assembly.
6.- Collect from the Owners what each of them must contribute to the maintenance and administration fund and to the reserve fund, as well as extraordinary fees.
The collection of these funds must be done in accordance with the Regulations of the Condominium or the General Assembly of the Condominium. It is important that an accurate follow-up is done regarding the determined dates, since the proper execution of the penalties against the offending Owners will depend on it.
7.- It is possible to follow the next forms for the issuance and delivery of receipts for the payment of the condominium fees.
a) Delivery of a written note, informing what is the amount that the Owner must pay to the Administration. This note must indicate that it is not proof of payment, it is only a report of the amount that the Condo owner is going to deliver.
b) Grant a receipt by the Condominium or the Administrator that meets the requirements established in Article 29-A of the Federation Fiscal Code, stating that such receipt is proof of payment, to each of the Owners for the fees that they contribute for the maintenance and administration fund, as well as to the reserve fund or other concept; these receipts will express, where appropriate, the balances in liquidation in charge of each condominium owner.
At this point, it is recommended to establish agreements with the General Assembly of Homeowners, since as it is a receipt of a fiscal nature, this has implications before the Secretary of the Treasury, therefore it is recommended to agree on the above with the General Assembly.
8.- Deliver monthly, bimonthly or when so determined by the Assembly to each condominium owner, obtaining proof of who receives it, a general balance of the accounts of the Condominium. In this balance, both the collection of fees and the debts of the Owners must be considered, since such information may be necessary for the application of legal procedures against the debtor Owners.
Said balance sheet must be approved by the Assembly, so its clarity is necessary to avoid controversies.
9.- Call assemblies as established in the Condominium Property Law.
10.- Duly fulfill with the Condominium Property Law, the Condominium Regulations and the Articles of Incorporation.
The aforementioned points are recommendations that are made in accordance with the provisions of the Condominium Property Law, so the monitoring of these points will ensure that the function of the Administrator is duly attached to the Law.
Likewise, it is important for the Administrators that the Homeowners Assemblies are carried out correctly and that such consider the necessary points for the best development of the condominium. If you are interested in knowing how a condominium owners assembly should be held and what points should be considered in it, we recommend you review our article What are the best practices in condominium assemblies?
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