Will I need to bribe?
No, Mexican authorities are not as corrupt as thought. But if you a requested to pay for a bribe, we recommend you not to pay it and to contact an honest lawyer to get what you have the right to get, without exposing yourself to bribe punishments in Mexico or your country of origin.
To start talking about this topic, it is necessary to define what corruption is.
The most accepted definition for its simplicity is the one adopted by Transparency International: “Corruption is the abuse of public power for private benefit.”
WHAT ARE THE REQUIREMENTS THAT THE CONDOMINIUMS MUST FOLLOW TO IMPOSE PENALTIES
Living in a condominium has various advantages, obligations and responsibilities. Being part of a Condominium property, the owners of the exclusive units have a singular and exclusive rights over their property, but regarding the common areas and elements, those rights turns to be of joint ownership. The common areas are necessary for the proper use and enjoyment of the condominium inhabitants. Both exclusive and common spaces are governed by law and by guidelines that the condominium determines, for this it is necessary to establish a Condominium Property Regime and a Homeowners Regulation.
Best practices for Condominium assemblies in Mexico
The General Assembly of Condominium Owners, as the maximum body of a Condominium, is in charge of overseeing that the Condominium Owners strictly comply with the obligations established in the Condominium Property Law, as well as in the Condominium Regulations.
That is why the General Assembly of Owners makes its decisions through Ordinary or Extraordinary Assemblies, in which taken agreements must be fulfilled by all Condominium Owners.
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.
Do owners of beachfront property have rights over the Federal Zone?
The owners of properties adjacent to the Federal Zone have the best right to obtain a concession above the rights of any other concession holder, but these rights need to be defended in court as the administrative authority uses the principle of first in time, first in right.
The use, exploitation and exploitation of the Federal Terrestrial Maritime Zone (Federal Zone) is administered by the Ministry of the Environment and Natural Resources (SEMARNAT). There is a central office in Mexico City, as well as few offices located in the country that manage the procedures related to the Federal Zone.
The rights and obligations of the Federal Terrestrial Maritime Zone are obtained through permits or concession titles authorized by the General Directorate of the Federal Maritime Terrestrial Zone of SEMARNAT in Mexico City; The Concession Titles can be requested by interested individuals, including those that are owners of neighboring properties.
What are the rights of condo-owners against developers in Mexico?
The condominium owners and property acquirers have the right to receive the property promised to them under the contracted terms and, in addition, to receive indemnification from damages when there are hidden defects or damages in the construction; but the term for claims of the latter is short (one year).
It is possible that you bought a house or an apartment and that upon receiving it, it was not to your total satisfaction because it did not fulfill the promised characteristics or, over time, a problem that you did not know at the time of buying it arose.
In these situations, it is very common to ask:
What can I do? Do I have a guarantee? Does the developer or construction company have to respond to the guarantee? To whom do I make these claims?
All starts with the Contract that you have signed with the developer. It is our main tool to assert each and every one of your rights in the event of a failure or some hidden faults in the property that you acquired.
Can foreigners own beachfront property in Mexico?
Foreign investment in Mexican territory has always been a benefit both for the foreign person who wishes to invest in national territory, as well as for the Mexican Government and, of course, for Mexicans, who are obviously benefitted from job sources.
However, as an investor you may consider: How far is it possible that as a foreign investor, you can really exploit your investment in places that are possibly considered a Restricted Zone in Mexico? What is a restricted area? Can you invest in a restricted area?
If you are a foreigner and you are interested in residing or acquiring a property in Mexico, you need specialized legal advice, especially if you want to acquire a real estate in border strips or coastal areas, since these are considered restricted areas for foreigners. This means that a person who is not Mexican cannot directly acquire the property in a strip of one hundred kilometers along the borders and fifty kilometers on the beaches.
What is the Federal Zone in Mexico?
The beach is the land covered and discovered by the sea; the twenty meter wide inland strip of firm, walkable land, counted from the median of the low and high tide, is the Federal Zone in Mexico.
When the coast lacks beaches and has rock formations or cliffs with an inclination of thity degress or less, the Federal Zone will be the twenty meter inland strip contiguous with the sea coast.
The Federal Zone is property of the Nation. This means, it is not private property, it cannot be bought or rented, but it can be used through a concession. Our law firm believes that there is no similarity between the legislation in Mexico about the Federal Zone and the legislation in Canada and the United States. In certain States, Provinces or counties of Canada and the United States there may be private ownership of beaches, even more in the so-called dry sand.
Why do I need an independent lawyer to do a title search in Mexico?
You need a lawyer because real estate agents are not legal experts trained to assess litigation risks, land claims and communal land disputes. You need an independent lawyer because a lawyer referred by the real estate agent might be more interested in closing the deal than in preventing you from buying a problem.
As a foreigner, it is important to have the advice of a real estate agent and that of an independent lawyer to carry out a due diligence, because you need to obtain much greater security to carry out the purchase of property, particularly beach front property.