Tuesday, August 24, 2010

Modifications to Jalisco Condo Law

Additions/Modifications to English Translation of Jalisco Civil Code
Articles 986º to 1049º


A second paragraph of Article 1005º should be added to read:

Condominiums that are used or destined for purposes distinct from residential purposes shall have a maximum surface extension that will be determined by the municipal zoning regulations.

Article 1006º, Section IX., last paragraph, should read “occupancy certificate” rather than “inhabitability certificate”.

Article 1006º, Section XII should be Section XIII and a new Section XII was added, which reads:

XII. – The form in which the joint owners respond to the payment of the fees established in Article 1026º, and

Article 1007º, there is a final paragraph which reads:

The administrator will maintain a complete and updated inventory of all of the real and personal property for the general use of the joint owners of the condominium.

Article 1008º, add a final paragraph which reads:

In order to preserve the harmony of the condominium, each neighbor shall try and use their private area without disturbing the tranquility of the other joint owners and they shall not use the private area for anything that contravenes the public document that forms the condominium system.

Article 1010ºbis must be added right after article 1010º and reads as follows:

Article 1010º bis. – The joint owners and in general the occupants of the condominium may not, without the consent of the homeowners and in keeping with the applicable laws:

I. Take any action that affects the tranquility and comfort of the other owners and occupants, or which compromises the stability, security or safety of the condominium nor shall they fail to take actions that would produce the same results;
II. Take any action to the exterior or interior of the private unit that could impede or make ineffective the operation of the common services and general installations, which could limit or make difficult the use of the common areas or which could put the security or tranquility of the joint owners or occupants at risk;
III. Undertake construction or repairs at night, except in extreme cases;
IV. Cut down or transplant trees and change the use or nature of the green areas;
V. Modify, alter or destroy the common areas; and
VI. Possess animals that due to their number, size or nature, affect the conditions of security, comfort or safety of the joint owners.

The violator of these dispositions, independent from the sanctions established in this title, shall be responsible for the payment of damages.

Article 1011º, add a paragraph between the first and second paragraphs that reads:

If the manager is a condominium owner, he/she should show that he/she is up to date on the payment of his/her fees.

Article 1011º, add a final paragraph that reads:

When the joint owners’ assembly decides to contract professional management services, the vigilance committee shall enter into the corresponding contract according to the applicable dispositions, which shall not exceed one year and which may b renewed until the joint owners’ assembly decides otherwise.

Article 1013ºbis must be added right after article 1013º and reads as follows:

Article 1013ºbis. - When the joint owners’ assembly designates a new administration, the outgoing administration must deliver all of the documentation including account statements, valuables, real and personal property and any other assets that it has under its control and safekeeping, within a term of fifteen calendar days of the date of the designation, and this term shall not be extended except for a justified cause that must be proven.

Article 1029ºbis must be added right after article 1029º and reads as follows:

Article 1029ºbis. – Every joint owner shall have the right to receive an account statement from the condominium.

When a transfer of domain contract is entered into with regards to a private area, the public notary which prepares the deed must require from the seller the delivery of proof that no debt is owned which proof is issued by the manager of the condominium.

2 comments:

  1. do have a full englishcopyof theCondo lawof Jalisco from article 986 to 1049?

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