Based on the current corporate structure, there are 2 Organizations that exist side by side in Haciendas Palo Verde.
1. Condominium Regime Haciendas Palo Verde based on the “Condominium Property Regime Law for The State of Baja California Sur 2016”.
The Regime was incorporated in 2008 and is holding the deeds for the common areas of the HOA, such as roadways and the Clubhouse (with the exception of the pumphouse). Property owners own a piece of private land (a lot with or without a house) and have a shared ownership on the common property.
The Regime contains the bylaws including our design guidelines and HOA specific regulations. It also has the responsibility to watch over the legality of HOA activities. (Oversight Committee). The highest authority for the Regime is the Property Owners assembly. Member of that assembly is everybody who owns private property on the land of HPV.
2. The second organization is called “Haciendas Palos Verde Homeowners Association, Association Civil” (AC).
This organization was founded in 2007 under the Civil Code of the State of Baja California Sur. The Civil Association in our case was intended as the management organization for the regime. It has a Board of Directors: President, Secretary and Treasurer. The AC holds the bank accounts, collects dues, pays vendors and more. In other words, the AC takes care of the day to day business for the HOA. In our case, the AC also holds the deed for the property of our pump house.
The highest authority for the AC is the General Assembly of the Associates (Property Owners). As a rule, everybody acquiring a lot or home within HPV becomes at the same time an Associate.
Important Takeaway: HPV is comprised of 2 legal organizations governed by 2 different laws, with two different sets of governing bodies and two different assemblies.
This does not mean that Haciendas Palo Verde could not be managed in a better and simpler way, it is just the currently existing corporate structure.
