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Condominium Regime - Sonora, Mexico
This is a brief recap of how the Las Palmas "Project Documents" should be filed: Chapter X11 Condominium and Time Share Condominium Since the 1950's the State of Sonora has laws on Condominium Ownership, being the last law approved, law 293, in effect since 1993. In a nutshell, ownership in condominium is that in which each condominium owner has a personal and exclusive right of ownership over his unit or department and has co-ownership with common areas of the building. The condominium unit owner has an exclusive right of ownership on his unit and a percentage of co-ownership over the common areas of the building. In Sonora, the law provides that in order to incorporate the Regime of Condominium Ownership, the owner or owners of real estate shall express their will through a public deed drafted by a Mexican Notary Public, with the following elements: 1) The location, dimensions and boundaries of the estate corresponding to the specific condominium. Likewise, the limits of the building or quarters or sections that shall constitute property subjected to the condominium in an independent for shall be stated, when their location and number of co-ownerships originate in the separation of the real estates subjected to this regime in separate groups. 2) The description of each plot, apartment, living quarters, house, premise or area, situation, measurements, rooms contained in it, spaces for vehicle parking, there were any, and other necessary information for its identification, in accordance to what has been established by the Law of Urban Development for the State of Sonora and the corresponding municipal building regulations. 3) In due course, the certification of having donated to the municipal council the areas of land stated in articles 106, fraction IV and 158 of the Law of Urban Development for the State of Sonora. 4) The general description of the constructions and the materials used or that will be used. 5) The nominal value assigned to each apartment, living quarters, house, premises or area, and its percentage over the total value, also nominal, of the areas of the condominium. 6) The assets of joint property and their form of usage, with specifications and necessary detailing and, if such is the case, their situation, measurements and parts that compose it, as well as any other characteristic that may be necessary for their identification. 7) The general usage of the building and special usage of each apartment, living quarter, house, premises or areas. 8) The existence of the bond stated in articles 106, fraction III and 140 of the Law of Urban Development in the State of Sonora, as a guarantee of the execution of the construction and services. The amount of the bond and its expiration will be adjusted to dispositions of the authorities that issued the construction licenses. 9) Those cases and conditions in which the property title may be modified; and 10) The by-laws of the condominium. The Law also provides the incorporation documents of the Regime of Condominium shall be registered before the corresponding Real Estate Property Public Registry. Likewise, any reforms made to it or to its Regulations shall be registered. As for the Condominium bylaws or regulations, they include several chapters: on the chapter of general matters the general destiny of each unit shall be set, and the definition of common areas shall also be set, on chapter second the rights and obligations of the condominium owners and occupants of the unit are specified, this means the use and enjoyment of private property with the limitations on subdividing the corresponding unit, the obligation to transfer the unit jointly with the percentage on the common areas,limitation to works or repairs in the interior of the unit; limitation on opening doors or windows facing areas of general circulation; abstaining of any act that cause bother to others and all other conditions are necessary so that the condominium owner contributes to the payment of common charges, to the common maintenance expenses, etc.; another important chapter is the administration, the how you appoint the administrator, the duration, the characteristics that the administrator will be the legal representative of the condominium owners in all the common business related to the condominium; the obligation of the administrator to take care of the condominium; attend to be complaints; to execute conservation and administration to call to meetings; manage the expense accounting, etc. The administration chapter, we insist, is very important, as well as the chapter of assemblies, because the condominium owners assembly is the supreme authority of the condominium, and it is implemented with the meeting of condominium owners, how voting is done in the assembly, how the meeting regulations are taken in accordance with the law and with the incorporating deed, what power the assembly has, that basically are to freely name and remove the administrator, name and remove the vigilance committee, examine and if it is the case approve the annual account statement, that is someted by the administrator and other important issues. The sanctions that are established in another chapter are related with the none payment of common expenses dues and also the possibility of the liquidation of debts is executed in case of none payment of three or more receipts and the greatest sanction for the condominium owner in default of his payment according to the bylaws, besides the damages payment will be that such owner can be taken to courts in his unit sold in public auction. The last chapter of the regulation shall be on the amendments and the controversy, as well as destruction, and reconstruction of the condominium. End Timeshare |
2 | 8 | 9/8/2009 4:10pm Graham Robins |
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CC&R's - Assessments - Uniform Rate
Chapter 6.6 Subdivision Assessments: 6.6.1 and 6.6.2 both state the assessment shall be "...at a uniform rate per membership..." This is what we were told before we bought our place and when we closed we had to initial each page of the CC&R's and we have paid at a uniform rate for the past 5 or so years. To change from a uniform rate to a variable rate would require a change to the CC&R's. We have not voted on a change to the CC&R's. I will continue to pay the uniform rate until the CC&R's are changed. In my opinion those that are paying less than the uniform rate are in arrears and those that have paid more are in a credit position. Graham H. Robins |
1 | 4 | 8/23/2009 10:58pm Graham Robins |
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CC&R's - Amendments - Voting
Paragraph 9.3 Amendments 9.3.1 states, in part, "...no less than seventy-five percent (75%) of the total votes in the association...." 75% of the total votes - not eligible votes. At the last AGM they arbitrarily excluded some from voting. When votint to change the CC&R's ALL members get to vote. Graham H. Robins |
1 | 2 | 8/22/2009 1:36pm Graham Robins |
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CC&R's - Amendments - Effective Date
Paragraph 9.3 - Amendments Paragraph 9.3.5 states, in part. "...amendment to this declaration shall be effective upon the Recording of the amendment...". We have not voted on an amendment to the CC&R's to change to a variable rate therefore no amendment has been filed therefore the uniform rate still applies. Graham H. Robins |
1 | 2 | 8/22/2009 1:38pm Graham Robins |
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Mexican Condominium Regime Regulations -Email to the board and Leadership group
Regulations: Las Palmas HOA Fees Las Palmas Leadership Group The State of Sonora Condominium Law is not when translated into English a deep dark document to be feared by all North of the border. Quite the contrary the law clearly in good order states the various requirements, authorities and methods by which condominiums are established and owner governed. The law applies not only to one or some but to all condominium developments within Sonora and the resulting HOA's. There are several reasons why neither the board nor owners have acted including the following: 1. The board has become recalcitrant . 2. The owners are uniformed or misinformed. 3. Some owners fear an unfavorable distribution of HOA fees resulting from compliance with the law. This applies to tower and villa owners. 4. Reducing value of tower vote. Under Sonora law HOA's have no board instead the owners appoint - vote - a surveillance committee designates one as chairman. The law requires a minimum of three and a max of five. Although the authority of the "board" is minimal having five members at Las Palmas may well have assured a path to resolution of non-compliance with Sonora State law. Since few owners and perhaps no "board" member has read the law dis or miss information abounds. The English translated law is only twenty - one single side pages long. The real concern or fear of unfavorable distribution of fees is addresses by chapter IV, article 28, section II and chapter IV, article 30, section VII, paragraph 2 which provide, in part, votes equal to percentage of value of unit in relation to total condominium value and funds (fee) formed proportionally to the value of each unit. This being law a variable rate fee scheme is the only method available and will provide the least fee for small one bedroom up proportionally through villas with an emphasis on the four bedroom or beach front villas. Although unknown now, it is possible fees may be in the range currently proposed. Miss handling of a dispute, by the board, over one unaccounted for vote has now spread from Sandy Beach to the Mayan Beach area. This does not bode well for Las Palmas owners without agreement to State of Sonora law. One or more of several events will occur. They are: 1. Resolution. 2. No resolution. 3. Additional fee withholding or non payment. 4. State of Sonora intercedes. Number two and three only continue the disruption, anger and financial impact which will negatively affect all owners. Number four solves the problem however heavy handed or costly the ordered compliance order may be. Any owner who would challenge number one as the only rational option is in serious need of a reality check up. While other changes to the HOA regulations are required the immediate problem is to effect a compromise which returns financial stability to the HOA and at the same time appoints a committee or hires an attorney with the explicit order to achieve compliance with State of Sonora Condominium Law. Without a compromise ASAP I would push in fact enable State of Sonora intervention. No owner can be for resolution against a compromise as outlined above and remain creditable. such rationale does not exist. If you accept my reasoning and suggestion for resolution please as leaders explain the situation to the owners with any other ideas or comments. Only with your good effort can resolution happen. Jack Wiley Grande 102 & 205 |
1 | 4 | 9/8/2009 4:08pm Graham Robins |
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Official Las Palmas HOA site
http://www.laspalmashoa.com/index.html If you have not already joined, I strongly encourage you to do so. There are some current updates posted on the site and that site will continue to have the most current and up to date information from the HOA. GHR |
4 | 26 | 9/7/2009 5:24pm RHONDA VANCE |
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4 | 23 | 3/26/2008 7:00pm Brad Talkin |
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Subforums 
[Las Palmas HOA News]
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26 | 201 | 8/9/2008 8:59pm ren d'souza |
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Questions about Las Palmas
Please post any questions you have about our complex here. We will try to find factual answers. |
31 | 123 | 11/30/2009 7:28am joe noriega |
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7 | 15 | 6/30/2005 2:02pm Harry + Sharon Isikoff |
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16 | 54 | 10/10/2006 11:52am Gary & Vicki Weisbrick |
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4 | 15 | 2/19/2007 1:56pm Bob and Janet Winkel |
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7 | 36 | 6/3/2008 4:15pm Tony Volcjak |
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4 | 5 | 8/30/2005 10:46am Graham Robins |
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Photographs of the Las Palmas area
Post any requests for Digiial pictures here. We will try to accomodate. |
8 | 17 | 2/12/2007 9:08pm GB Robins |
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Questions about Puerto Penasco
Post any questions about Las Palmas and areas here. |
4 | 12 | 12/16/2007 10:20pm GB Robins |
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Las Palmas Rumors
Post Las Palmas Rumors here and lets see if we can get the facts. |
5 | 11 | 3/9/2009 8:56am LOREN WORTHINGTON |
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Check it Out!
Use this forum to practice posting comments and getting involved. The idea is that you test it all out here rather than putting dummy entries in other forums. Go ahead, try it now! |
4 | 19 | 3/25/2008 9:28am joe noriega |
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2 | 8 | 4/27/2005 4:58pm Graham Robins |
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