Condominium Ownership and Responsibility in Puerto Vallarta

Condominium ownership in any country requires humans to own some rights together by being joint owners of some essential property features physically and legally.

Some condos are horizontal so that townhomes or bigger homes can be shared in a gated community with common grounds, amenities, and roads. The owners share ownership only in the common facilities, but their joint ownership documents may also include height and land coverage of their homes, limited colors or styles, types of roofs, etc.

Vertical condos share more common connections, which can sometimes mean the floors in between in case of leaks, accidents, or structural problems. And rules on noise and no towels on balconies are standard. Buyers must consider their decisions in a horizontal, vertical, or combination community.

Some common stress points for owners to agree upon frequently are pets for owners and renters and shared utility costs, such as a pool heater. Owners with more guests or paying renters will usually have to contribute more to common area or service costs as the bills affect the amount each owner pays above their physical size in M2 or square feet. 

Owners in condos run as a legal homeowners’ association vote by the size of their condo and % of shared common area. Horizontal homeowners can vote by their physical size, but the land size or lot size usually makes the condo fees different per owner.

The method by which condominiums work in Mexico requires a condo regime with bylaws or statutes registered to conform to the legal requirements under Mexican law for this type of ownership.

The owners must realize that they have to meet a legal number of times required by the condominium regime registered in the state’s public registry where they own property.

Laws can vary in states, and as in other countries, some laws will be federal ones.

It’s crucial that the condominium regime be followed, and if changed by proper voting, new rules or changed rules will legally be required to be followed. 

One experience I will always remember was during a trip with a real estate group (FIABCI) on a tour of renovated buildings into condos in some of the historic buildings in Saint Petersburg, Russia. 

The division of interior spaces was accomplished to become popular and sell out. The developers should have considered handling common areas such as stairs, landings, or the exterior of the building maintenance.  If the owners themselves were responsible for taking care of this maintenance, it was usually unfortunate that the owners who cared could end up paying for the common areas. 

Please remember you must be aware as a buyer that these details must be answered before you buy.  You need to know that you require due diligence first with contingencies. Understanding a condo regime with rules and requirements is vital before committing yourself.  

Please realize this:
In Mexico, everything legal is written and recorded in Spanish. You may or may not be given an English translation. You should know what you agree to do as an owner with other owners of common areas and your own freestanding home or condo. Agreements can start ¨This English Translation is a Courtesy Translation.¨

If you are not capable of reading or understanding the legal documents about your particular home and the rules everyone will need to follow, including financial ones like dues, assessments, and reserves, you can be miserable later. Hire a bilingual real estate attorney you have vetted.

This article is based upon legal opinions, current practices, and my personal experiences in the Puerto Vallarta-Bahia de Banderas areas.  I recommend that each potential buyer or seller of Mexican real estate conduct his own due diligence and review.