Derived from the contingency of COVID-19, we have all had to adapt to using technology to replace face-to-face interactions. Reuniting with our loved ones at this time has been difficult, so electronic media have been the best way to be close to our family and friends. The same to hold assemblies, travelling is complicated, and now more than ever, the question is whether documents and assemblies hold and sent through electronic media are legally valid in Mexico.
We will address the applicable regulation in Mexico City for being more advanced on electronic assemblies, and then we will address the relevant law in Quintana Roo. Administrative authorities in Mexico City considered that electronic media would also work perfectly to bring together a group of people who could make the necessary decisions so that their activities continue to have legal effects.
In Mexico City, an administrative body called the Procuraduría Social (PROSOC) is responsible for regulating healthy coexistence and applying various laws on condominiums. Given the current circumstances, PROSOC, together with the Government of Mexico City, issued a protocol so that the Ordinary and Extraordinary Assemblies that must be held periodically in the Condominiums, be done through electronic platforms such as Zoom or Teams, to name a few. The participation of PROSOC It is necessary for these virtual meetings to be legally valid.
In Quintana Roo, there is no entity similar to the PROSOC. In this sense, practically, we will review some possible doubts that could arise when carrying out a virtual Assembly.
• How is the call to the Assembly made? Is an email valid?
The notice by email within ten days before the date of the meeting is valid in Mexico City.
• Can people other than owners have access to the virtual assembly?
Yes, any owner, renter or person with a power of attorney of a Condominium can attend. As it was previously customary, an owner can be represented through a power of attorney.
• Is a virtual assembly possible only in Mexico City or also in Quintana Roo?
There is no limitation, and it can be done in Quintana Roo, as long as they adhere to the guiding principles of the Quintana Roo Condominium Property Law. In Quintana Roo, there is no entity like the PROSOC, so it would be appropriate for a Notary Public to be present in the Assembly.
It is important to record the assembly and to document the votes, whether confirmed by the attendees or in signed writing. Regarding powers of attorney, the electronic signature provisions are not the same between the United States and Mexico; therefore, unless a power of attorney sent in pdf by email is specifically allowed in the condo regulation (reglamento), we suggest that the signatures be collected in original and are sent by courier.
Our firm has experience in Condo Assemblies in Mexico City and Quintana Roo. Furthermore, we also have experience in litigation derived from errors in Condominium Assemblies. That is why we are trained to assist condominiums in the preparation of assemblies. We know the applicable laws, which exceed the condominium regulations. Let us help you.
If you have questions or require more information about Assemblies or condominiums, schedule a free 30-minute phone call with us on our website 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.