What is the General Assembly in a condominium?
Within a condominium, the General Assembly is considered the highest decision-making body, within the range of powers granted to the General Assembly by the Condominium Property Law, the Constitutive Deed and the Condominium Regulations. The General Assembly is the formal gathering of the majority of the condominium owners. In simple words, it is the meeting where they express, discuss and resolve matters of common interest regarding the condominium and decisions are made to benefit the shared property and the community. All this under the law that regulates condominium properties in each federal entity of the Mexican Republic.
In the State of Quintana Roo, the legislation establishes that the General Assembly of Condo-Owners must rule the condominium. The Assembly is governed by its Public Deed, where the organization and social functioning of the condominium are stipulated.
Likewise, the General Assembly will have a President, a Secretary and at least two scrutineers designated by the Assembly.
Why is the General Assembly considered the highest body within the condominium?
Because most of the owners must make decisions jointly, without leaving out the opinion of any owner but being empowered to take decisions by the majority.
The law establishes that the General Assemblies will be of two types, Ordinary and Extraordinary. The Ordinary General Assemblies will take place at least once every six months to inform the condition of the condominium administration, such as finances, account statements, non-urgent repairs, payments, etc. Most condominiums agree to hold an Ordinary General Assembly with a predictable frequency (for example, yearly in March).
Extraordinary General Assemblies do not have a specific time to be held and occur when an urgent or unforeseen matter arises. Mainly to deal with the following issues:
- Modifications to the Articles of Incorporation of the condominium or theinternalregulations.
- Carrying out new works in green areas or that imply the modification of the Articles of Incorporation.
- To solve urgent issues, such as destruction, ruin or reconstruction of the property or part of it.
- For the voluntary termination of the Condominium Property Regime
The administrator should call for assemblies 15 calendar days in advance of their celebration, each owner will have one vote, and the vote will be personal, nominal and direct.
We need to distinguish between quorum and the simple or qualified majority for the validity of the agreements. The quorum is the minimum number of attendees required for the Assembly to occur. The general rule is as follows:
75% of the property
51% of the property
Any percentage of the property.
Once the necessary quorum is met, the assembly’s resolutions will be taken by a simple majority of votes of those present, except in cases where the law or the Condominium Regulations (without contravening the law) require a qualified majority. In our opinion, it is not possible to reduce the qualified majority requirements outlined in the law.
In Quintana Roo, as of the date of publication of this article, the resolutions to change the use of green areas and cut down trees require an Ordinary Assembly and 75% of the pro-undivided.
The following resolutions must be taken at an Extraordinary General Assembly: Modifying the Articles of Incorporation or the Regulations requiring a quorum of 75%, and its agreements should be approved by majority vote. The extinction of the condominium property regime requires 75% of the total value of the condominium and a simple majority of the total number of condominium owners. Carrying out new works that do not imply the modification of the Constitutive Deed will require 51% of the property unless a joint owner holds up to 25%, in which case the approval of 75% of the condominium will be necessary. For a condominium owner who repeatedly fails to comply with his obligations to sell his rights in a public auction, the approval agreement of 75% of owners representing the joint property will be required.
We do not know why the amendment to the Articles of Incorporation does not require a qualified majority or the decision of more than 51% of the condominium, but only of a quorum of 75% and a simple majority.
We believe that unlike commercial or civil areas, where the general assembly of a corporation or an association is also the supreme decision-making body, the powers of the general assembly of condo owners are delegated by law. The legislator’s aspiration was that the Executive Power, through the law and agencies created to govern condominiums, could achieve a condominium balance.
We recommend condominiums to carry out an exhaustive review of its Articles of Incorporation and its Regulations and grant sufficient powers to the Assembly to Regulate meetings by electronic means such as Zoom, remote voting, the publication of information through databases, the installation of security cameras in common areas, architectural regulations, penalties for homeowners who frequently fail to pay fees and especially the penalties for homeowners who fail to comply with non-pecuniary obligations. Otherwise, you may experience constant problems with dissident or delinquent condo owners.
A considerable number of condominiums ignore the Condominium Property Law and have regulations that do not protect the interests of the majority of the condominium owners. It is essential to have a Constitutive Deed and a solid and complete set of Regulations to avoid economic losses for all owners.
We have the disposition and knowledge to help the vigilance committee, the administration, and the condominium owners prepare and create solid Assemblies that correctly modify the condominium regulations to defend most condominium owners’ interests.
If you have questions or require more information about assemblies, changes to the regulations or penalties, 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.