Topic 5

As to the facts:

The Incorporation documents for the Condominium Regime Haciendas Palo Verde from June 9^th 2008 show the election of the modality “Condominium of Land”.

Most foreign owners in Haciendas Palos Verdes are not here on tourist visas but have the permanent resident status. To determine the exact majority, one would need to perform a census and calculate the actual numbers. We believe only a minority have a tourist status, that vast majority of residents are either foreigners with permanent residency or Mexican Nationals.

The Paragraph admits the Condominium Regime Haciendas Palo Verde is not of the modality Residential Tourist, but wrongly claims an Assembly could amend that modality. 

The Law provides a number of modalities that are decided upon at the time of Incorporation of the Condominium Regime.

CHAPTER II
Of the Constitution, Modalities and Extinction of the Regime of
Property in Condominium.

Article 5º.- According to their structure, use, social characteristics and constitution, condominiums and / or sub-condominiums and / or master condominiums, may adopt one of the following modalities:
  (List of available modalities)

Article 35.- The assembly of Condominiums shall have the following powers:

I.- Modify the Constitutive Deed of the Condominium and approve or reform the Regulations of the same, these must be registered in the Public Registry of Property in the cases and conditions that provide for one and the other;

The Constitutive Deed specifies the exact property that is owned by the Condominium Regime. Therefore a Regime can for example acquire additional land for common property and also amend its regulations. Change of the modality is not part of the powers of an Assembly.