Topic 1

The point in question are two Articles from the Condominium Regime Law for Baha
California Sur.

Article 1.- The provisions of this Law are of
public order and are intended to regulate the constitution, modification,
organization, operation, administration and extinction of the condominium
property regime.

For the legal representation of the
condominium, the condominiums will designate an administrator who will have the
broadest powers for lawsuits and collections and acts of administration.

The articles of incorporation of the condominiums, their regulations
and the resolutions of the assemblies of condominiums, will be subject at all
times to the provisions of this Law.

This means regulations in the law take precedence over regulations of the grantor (regulations filed in the incorporation) or any amendment instituted by an Extraordinary Assembly of Homeowners. In other words, the regulations of a Condominium Regime cannot contradict the Law.

Article 32Bis, V.- The appointments of the Administrator, the Administration Committee, as the case may be, and the Supervisory Committee, will be valid for up to one year and may only be re-elected once for the immediate period, unless there is unanimity of the Condominiums in Condominiums that do not exceed 20 Exclusive Property Units. Cases of external administration are excepted from the above;

 

In the prior version of this law from 2007 the term limit had this wording:

Article 32, V.- The
appointing of the Administrator, the Administration Committee, in their case, and the Supervisory Committee, will be able to be reappointed, only for up to one year, and only for the next immediate term, unless there is unanimity of the Condominium Owners in
Condominiums that not exceeding 20 Units of Exclusive Property. Exception of the foregoing cases of external administration.

The law states here that in any Condominium Regime with more than 20 Exclusive Units Supervisory(Vigilante) Committee members have a 2 year term limit. HPV has 106 Exclusive Property Units.

A review of the last years shows the term limit applies for the election in 2022 to the following candidates:

Robert Skinner, Greg Allen, David Tipton and Kathy McCarthy.

Those members, – as Meeting minutes from prior years show, –  have already served on the Supervisory Committee for multiple years and are no longer eligible.

The Law defines the responsibilities of the Administrator among other things:

Article 40, XIII XIII.- Take care of the due observance of the
provisions of this Law, the Reglamento of the Condominio and the Escritura Constitutiva;