Topic 7

The Law makes it clear in Article 1:

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.

The Incorporation of the Condominium Regime Haciendas Palo Verde from June 9^th 2008 specified regulations that conflict with the Condominium Regime Law for Baja California Sur from November 30 2007. Therefore, those regulations that conflicted with the law are invalid and are superseded by the regulations in the Law.

At the time of the incorporation the Law was already in full force. Transitory rules do not apply.

The invalid regulations included: (not a complete list)

• Eliminations of term limits for the Supervisory Committee.

The Law describes term limits; therefore the Law supersedes the regulations.

•  Specific items require for their acceptance a special majority.

The Law lists a requirement for a special majority in multiple places. The most important is the amendments of bylaws/regulations.

XI Bis.- Special majority.- 75% of the total of the undivided condominium of the Condominiums that are in compliance with the Regulations and up to date in the payment of all ordinary fees, extraordinary fees, amounts of the reserve fund, amount of the fund of maintenance and administration expenses or in any other monetary obligation at its expense including default interest,  conventional penalties and any other collection expenses provided for in the Law, the Articles of Incorporation, the Regulations or the resolutions approved by the Assembly;

• The distribution of Contributions (HOA fees, there is a separate detailed chapter on this topic)
  
  

The Law demands the expenses for common property must be distributed equally to the Condominiums based on their value (% of undivided). That means the HOA fees need to be calculated based on the square footage of a lot as opposed to be divided by the number of lots. The differences are substantial.