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
The Condominium Property Regime is constituted on real estate due to its physical characteristics, it allows its owners the exclusive use of private areas and the use of common areas that do not admit division; and its purpose is to regulate the constitution, modification, organization, operation, administration and termination of the condominium property regime.
Within the Regime, it is generally stated that there will be a Homeowners Regulation, in which the internal rules of coexistence are specified, always respecting what law establishes.
Thus, a condominium owner who is the collective natural or legal person who owns a property belonging to the Condominium Property Regime, is closely linked to the guidelines set forth by the laws, the deed of constitution of the Regime, the Regulations and contracts in the case of its existence.
The regulatory devices mentioned above, indicate the guidelines which condominium owners must comply to achieve the best coexistence among the condominium community as well as the maintenance and care of the property.
In general terms, a condominium owner has the advantage of enjoying his property independently and exclusively, as well as the common areas with the responsibility and obligation to comply with the provisions that regulate the hole Condominium.
Unfulfillments of any legal norm or the regulations of the Condominium allow the Condominium through its General Assembly of condominium, owners and the Vigilance Committee, to determine if any condominium owner has fallen into irregularities and impose a penalty, if appropriate.
Normally, penalties are established in the Condominium Regulations; however if those are not clearly indicate therein, the Condominium Property Law of the State of Quintana Roo, contains sections related to non-compliance, establishing diverse penalties depending on the offense in question. In this understanding, the Regulation can indicate the corresponding penalty, but in the event that it is not specific, it is possible to refer to the law to impose penalties against a non-complying party.
The Vigilance Committee together with the Administrator have the faculties to observe the condominium owners on the fulfillment of their obligations. In case of non-compliance, the penalties established in the Property Law for the State of Quintana Roo, the Condominium Regulation or in the Constitution Deed of the Condominium Property Regime can be imposed on them.
However, the following requirements must be followed to impose penalties:
- Assessment of the General Assembly.
- Summons to the offending condominium owner to express what is convenient by law.
- Assembly resolution approved by the vote of more than 50% of the condominium pro-indiviso.
- Notification of the resolution to the infringing Condo Owner within five days of its approval.
To sustain the fine in the courts, it is important to distinguish between the moment when a fine is set and the moment when a fine is imposed. A fine is set by the Assembly, agreeing to a penalty or imposing a penalty in the condo bylaws.
A fine is imposed after one specific condo owner infringed on the specific action that caused the penalty. This imposition should be set in a General Assembly. The Condominium Administrator or the Vigilance Committee must inform the General Assembly of the conditions that have led them to propose the penalty against the infringing Condo owner. Such, considering the articles that the offending Condo owner failed to comply with.
The profs of the infraction should be presented, and the infringing Condo Owner should be allowed to speak and present any argument or prof on his behalf.
If a penalty is imposed, it should be based on the article of the regulation or the applicable law and it should explain why it was imposed.
As explained above the fine should be voted by at least 50% of the condo owners and the fine should be notified to the infringing condo owner five days after the approval of the fine by the Assembly.
It is also important to point out that when controversies cannot be resolved internally, the legal representatives of a condominium can go before the legal authorities in order to seek compliance owners’ obligations. The law will establish the bases to resolve the conflicts arise; the resolution may be through conciliation and arbitration or through trials before judges.
In this sense, we can conclude that there are devices that aim to include the basic and restrictive rules for living with respect and cordiality, which implies advantages since, by complying with the guidelines, one would be living in a neighborhood climate where tranquility prevails; but undoubtedly when this is not carried out there will also be measures that will result in the imposition of sanctions in order that the owners who do not abide by the rules, assume their responsibility for the offenses committed.
Undoubtedly, the priority of a Condominium Property Regime is to promote a condominium culture among condominium owners and between them and their administration. And the best thing is that the law and the condominium regulations, allow facing and solving the problems that may arise, and grant weapons for the affected owners to take actions against those who cause inconveniences to achieve a healthy coexistence in the condominium.
Our law firm offers its clients the necessary legal assistance in the event that a conflict gets out of the hands of the condominium authorities and a legal procedure is required to solve it. Schedule a Free Call With Us.