LEGAL MATTERS

About condominium owners’ assemblies
By Mauricio Garcia Guerra • Photos by Jesús de Avila • February 2010

What are the laws which condo associations should go by in Jalisco regarding their meetings each year?  

I will be pleased to respond this question, analyzing the provisions at law that apply to the assemblies or meetings of condominium owners. The internal life of a condominium, including its assemblies, is regulated mainly by the internal rules and regulations (Reglamentos Internos), which is a mandatory document to create a condominium regime.

Such rules and regulations must be drafted in accordance with the Civil Code of the State of Jalisco. The Notary Public that formalizes the creation of such regime must include the rules and regulations - which are mandatory to all owners or possessors of the private units comprising the condominium.

The internal rules and regulations of a condominium normally include a chapter regarding those rules applicable to the condominium owners’ assemblies, such as:

• Who is entitled to convoke;
• Mechanism to call for the meeting, including publication;
• Persons entitled to attend the meetings;
• The way in which the meeting must be conducted; Quora required to consider the meeting as validly held and resolutions as legally adopted.

In case the rules and regulations are not clear or do not include provisions regarding certain topics, the provisions of the Civil Code must be observed. The provisions applicable to the Assemblies are specifically contained in articles 1019 to 1025 of the Civil Code.

In summary, such articles provide that:

1. The Assembly of condominium owners:

Is the supreme authority in a condominium regime and all resolutions legally adopted are enforceable against all condominium owners;

2. There are two kinds of Assemblies:

a) Ordinary Assemblies, which must be held at least once a year, to discuss:

I. The general report of the condominium, including assets, services and financial position;
II. Appointment of Board of Directors and, if applicable, appointment of special committees;
III. Appointment of Administrator; and
IV. Approval of budgets for the following year.

b) Extraordinary Assemblies, which can be held at any time, to discuss about the following issues, among others:

I. Amendment of the rules and regulations;
II. Execution of new constructions or improvements;
III. Transform or dispose of common assets or elements;
IV. Dissolution of the condominium regime;
V. Incorporation of new areas to the condominium or separation of common areas;
VI. Request that a Judge orders the sale of a condominium unit in case of non compliance by its owner;

3. Summons:  

According to the Civil Code, the Assemblies can be convoked by:

I. The Administrator; or
II. The Board of Directors; or
III. A first instance Judge, as per request of the condominium owners representing at least one fifth of the condominium total owners; or by any condominium owner when the Assemblies are not held for more than one year.

Mechanism to call for the Assemblies:

- It must be posted in a visible place within the condominium building;
- The condominium owners may request to be convoked by certified mail, with receipt acknowledgment, if the owner has registered his domicile with the administrator of the condominium;
- If the Assembly is convoked by a Judge, it must be published in the Official Gazette of the  State of Jalisco (Periodico Oficial) and one of the main newspapers of the Municipality in which the condominium is located;
- Ordinary Assembliesmust be convoked 15 calendar days in advance, while Extraordinary Assemblies must be convoked 20 calendar days in advance. The call for the Assembly must include:
- Day and time when the Assembly will be held;
- Kind of Assembly (Ordinary or Extraordinary);
- Place where the Assembly will be held (it must be held within the Municipality in which the
condominium is located);
- Agenda.

4. Validity of the Assemblies:

Ordinary Assemblies
The Ordinary Assemblies are legally held: (i) in the first call, with the attendance of owners representing 51% of the condominium; and (ii) in a second call, with the number of owners attending the meeting. In both cases, resolutions are valid if adopted by simple majority.

Extraordinary Assemblies

Extraordinary Assemblies can be held with the number of condominium owners attending the meeting; however, resolutions must be approved by owners representing at least 75% of the condominium.  Email to a friend

Robles, Lazo y Gallardo - Law Firm
E-mail: jgallardo@rlg.com.mx

Feedback about this Article

• Robles, Lazo y Gallardo, S.C. is a Law Firm of specialists in various areas of Law, including Corporate Law, Real Estate, Immigration, Foreign Investment, among others. The Firm is integrated with a group of highly qualified attorneys and has offices in Guadalajara (Privada del Niño No. 676, Fraccionamiento Camino Real, telephone number  33-3121-3010  33-3121-3010 ) and Puerto Vallarta (Carretera a Mismaloya No. 479 interior 107, Edificio Scala. Telephone number  322-223-3218  322-223-3218 ).E-mail: jgallardo@rlg.com.mx

Previous Articles
Puerto Vallarta Photo Gallery
Riviera Nayarit Photo Gallery