Summary

We reviewed the documents associated with its incorporation and administration and came to these results for the legal status Of Haciendas Palo Verde.

Incorporation with illegal regulations

The incorporation of our Condominium Regime occurred in June 9th 2008. The incorporation had regulations that did not comply with the Law as it existed at the time of incorporation. (2007 Condominium Regime Law for Baja California Sur.)

Examples of these illegal rules are:

• The Law demands term limits for the Surveillance Committee members (max 2 consecutive years)
• Voting regulations by Law for many important HOA decisions require a vote by %undivided*. Not one lot one vote as in the regulations.
• Per the Law HOA expenses are to be distributed equally based on the %undivided* not by condominium units. Most home owners are overcharged today.
• The system of penalties is not conforming with the Condominium Regime Law.

 
More detailed information about illegalities and their justifications can be found in the FAQ section.

Illegal administration and changes

From 2009 to 2022 there were numerous changes made to the Haciendas Palo Verde Condominium Regime’ Regulations. None of those changes were done in a legal way and are therefore invalid. Yet our Administrator is enforcing these illegal regulations since years.

The Administration participated in the review by providing a letter from an Attorney that is paid from the former developer to provide pandering legal opinions. We analyzed the letter and responded in 7 detailed chapters debunking its faulty opinions here.

Where we stand

For the current status of Haciendas Palo Verde Legal a safe and  law conforming starting point for a proper administration of the HOA is the Condominium Regime Law for Baja California Sur from 2016, plus the regulations that were incorporated in 2008, with the exception of those regulations that did not conform with the existing Law in 2008.

The HOA Administrator and Vigilante Committee are enforcing invalid rules, while ignoring the actual legal situation. They showed unwillingness to even discuss the situation with concerned home owners and instead engaged in a campaign of misinformation,  harassments, intimidation and defamation for anybody who asked questions.

Not uncommon in Mexico

This unfortunate situation is not uncommon in Mexican HOAs.

HOA Regime Laws are designed to protect the property owners from abuse and create an environment of fairness and justice. Breaking the Law is not a valid strategy for any HOA administration. HOA regulations need to be based on the Law to make them binding for all Home Owners. Even if there were legal mistakes made at the beginning of the HOA, these mistakes cannot be continued forever.

 *) %undivided is the % of square meters of a given lot compared to the sum of square meters of all lots. A table of these values is here.