It is condo assembly season for most expats with a condo in Mexico. In this article we would give you three important legal tips for condo assemblies in Quintana Roo. Tip 1 is about properly setting condo fees. Tip 2 is about avoiding the Statutes of Limitations. And Tip 3 is about appropriately imposing fines.
SET CONDO FEES
It is key to record in the minutes of the assembly the percentage that will be borne by each condo owner, the payment system, the payments’ due dates, and to state very clearly the penalties for late compliance and continuous delinquency, as penalties could accumulate for months or years. This is important, so that a delinquent condo owner, does not argue in court, that they did not know how much or when or how they had to make payments.
AVOID THE STATUES OF LIMITATIONS
Avoid the Statues of Limitations or the loss of the right to recover condo fees for the mere passage of time. There are precedents of jurisprudence that establish that condominiums have two years to safely claim the payment of outstanding ordinary condo fees, after that it gets complicated. If you have delinquent condo owners do not let the situation progress beyond a year of outstanding payments. You may file a lawsuit after two failed payments of ordinary fees. The administration and the Vigilance Committee will need to produce documentation. We will be happy to help you to produce it properly.
To impose a fine against an infringing condo owner in an assembly, the condo Administrator or the Vigilance Committee must inform the General Assembly of the situation that has led them to propose to impose a fine, already set in the condo regulations, against the infringing condo owner.
At the assembly, the profs of the infraction should be presented, and the infringing condo owner should be allowed to speak and present any argument or proof on his or her behalf. This is truly important when the fine is not because of late payments, but something more severe.
If a fine is imposed, it should be based on the article of the condo regulations or the applicable law and it should explain why it was imposed. The penalty must be approved, by at least 50% of the condo owners.
If you want to learn more about legal considerations regarding property in Mexico please consult our Frequent Q&A section at https://www.litigationlawyers.mx/news/. Set a free 30 minutes call with Us, write us an email or a WhatsApp, all at www.litigationlawyers.mx
Litigation Lawyers.Mx is a law firm with a proven track record of over 17 years of experience, with a success rate of over 90% in thousands of legal cases. We assist property owners with complex litigation all across Mexico. We understand ex-pats, our founder has lived and worked in Canada, the U.S., and Mexico.