The Condominium Regime Law specifies:
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. Or in other words the regulations the grantor incorporates have to conform with the law.
The Law furthermore specifies:
Article 30, V.- The expenses that arise due to the operation, repair, conservation and maintenance of the facilities and general services, as well as the areas or common goods, will be covered by the Condóminos in the proportion that their percentage of co-ownership represents on the undivided of the Condominium;
And
Article 46.- The contribution of the Codex to the constitution of the maintenance and administration fund and the reserve fund shall be made as follows:
II.- This payment may be divided into monthly payments, which must be covered in advance, or as decided by the general assembly. The amount of these funds will be integrated in proportion to the right of co-ownership that corresponds to each condominium, as provided for in article 19 of this law. The first contributions for the constitution of both funds will be determined in the Reglamento del Condominio;
The Law is unambiguous, the expenses of the Condominium Regime have to be assessed to the condominiums on the basis of their share of co-ownership.
The Regulations/bylaws for the HPV Condominium Regime state:
Chapter Vi, Article 10.2 Every ordinary contribution, contribution for improvements and extraordinary contributions will be calculated in equal shares for each individual condominium unit in Condominium Haciendas Palo Verde.
Regulation/bylaw Chapter VI, Article 10.2 conflicts with the law and therefore is not applicable for the Haciendas Palos Verde Condominium Regime.
The share for each individual Condominium has to be calculated based on their share of common property as documented in the incorporation the Regime Of Condominium Ownership of Land pages 8,9 and 10.
Rule: The 2022 the budget of 1.593,285 Pesos has for each individual Condominium be multiplied by its value in above mentioned table column “%UNDIVIDED” to obtain the correct dues per condominium unit for the year 2022.
The results of the calculations based on the lawful regulations differs from the numbers provided by the Administrator and have to be corrected.
Furthermore the Law species:
Article 13.- The Constitutional Decree of the property regime in Condominio and the internal Regulation thereof must contain the bases and legal criteria necessary for its modification.
In any case, any modification to the Constitutional Decree and its Reglamento, will be agreed in an extraordinary assembly, which must be attended by more than half of the Condóminos, and its resolutions, in order to be valid, must be adopted at least by a qualified majority of Condóminos representing 75% of the undivided of the Condominium.
Our research in the public registry did not yield any Extraordinary Assembly for the Condominium Regime Haciendas Palo Verde that would have legally amended the incorporated regulations.
These considerations were presented to the Administrator of Haciendas Palo Verde on March 28th 2022 with a request for a statement, The request was repeated on March 30th 2022. So far we have not received an direct statement. In case we obtain one we will update this website.
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