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Condominium
changes in Nayarit - Part II Common Property
By Harriet Murray
August, 2004 |
 In a vertical condominium
the common areas are the entire
land, the foundations and retaining
walls, hallways and stairs,
general use roofs, gardens,
installations and appliances
that have common use such as
sewer system, wells, holding
tanks, elevators, electrical
installation for cable televisions,
computer networks, and gas
lines.
In a horizontal condominium
development, the difference
is that the land individually
owned is NOT part of the common
land ownership. The rest of
the common ownership is similar
to that of vertical condominium
ownership.
In both types of ownership,
parking spaces are common areas
when they are for general use.
The assemblies in Nayarit
are to be held every 6 months,
which is a big change from
the once a year requirement.
The goal of the ordinary assembly
is to inform the owners of
the business of the condominium
and to deal with issues pertaining
to the ownership.
The extraordinary assemblies
are held when there is a need
to decide on:
a. Modification
of the deed of the condominium
or its by-laws.
b. To voluntarily
dissolve the condominium
by-laws
c. To complete new
construction projects
d. To
decide whether or not to
rebuild the construction
in the event damage
e. Decide
upon urgent issues as they
arise.
In the case of joint condominium
development, the administrators
of these properties may hold
their own assembly or meeting,
which shall be run by the committee
for the overall administration.
Assemblies may also be held
by a section or group with
which issues relate their buildings
only. The administrator shall
run this meeting, and his/her
decisions may not be contradictory
to decisions made in the general
assembly or affect the owners
as a whole.
Resolutions or decisions of
these assemblies will be made
by simple majority of the votes
present, according to the percentage
of common ownership, except
in the case when the current
law, condominium deed or the
by-laws have established a
special majority.
The vote in these assemblies
or meetings shall be personal
and direct. Under no circumstances
may a single individual represent
more than two condominium owners,
even with power of attorney.
Under no circumstances may
the administrator represent
any condominium owners at the
assemblies.
When an owner is named administrator
or to the Board, he or she
must be in good standing in
maintenance payments, dues
and reserves.
If a single owner represents
more than 50% of the votes
and the rest of the total value
of votes are in attendance,
at least half of the remaining
votes are required in order
for a vote to be valid. If
there is not al least a 75%
attendance of the total value
of the condominium development,
a second call of the assembly
will occur, and a 75% percentage
of the votes will be required
for vote to be valid. If these
conditions are not met, the
majority owner or minority
owner may submit any discrepancy
to arbitration as provided
in the lower or to special
courts.
The minutes of these meetings
shall follow a certain procedures,
including being written ana
current in the book of minutes
with the history of the assemblies.
The President, secretary, members
of the Vigilance Committee
(Board of Directors) who are
in attendance and condominiums
owners (who are asked to) shall
attest to the accuracy of the
meeting by signing the record
of the minutes.
The condominium owners' book
of minutes shall always be
in sight and each owner shall
be informed, in writing, the
resolutions adopted at the
assembly. The minutes of the
meeting shall be sealed before
a notary public in the following
cases:
a. The deed is modified
and it shall be registered
in the Public Registry
b.
The
by-laws are modified.
Announcements of the general
assemblies shall be made in
advance with details of the
meeting time, date, agenda,
as well as the name of the
person/group calling the meeting.
The notices of meetings shall
include delivery of the notice
to the individual properties;
the notice shall be posted
in visible locations around
the development.
Either the administrator,
the V Committee (Board), or
at least 25% of the total owners,
may call a meeting.
When the first meting is held
after the first announcement,
75% of the owners are required
to be present. After the second
announcement, a simple majority
quorum will be sufficient.
In the event of a the event
of a third call for the meeting,
the assembly will be declare
legal with the condominium
owners who are present ana
in attendance. Resolutions
voted upon in this case, should
re require a majority of those
present.
Adopted resolutions in proper
assemblies held within the
terms of the law, the ay-laws
ana any other applicable legal
regulations, shall be followed
by all condominium owners,
included those who are absent
or opposed.
Notice of assemblies shall
be sent out 8 natural days
in advance of the date of the
first announcement. Between
the second announcement and
the convening of the assembly,
the minimum time will be a
half hour and the same for
the third announcement and
convening of the meeting. This
procedure allows owners to
conduct a meeting when there
are fewer owners in attendance
than anticipated.
If there is an emergency,
the by-laws shall take into
account the circumstances and
shall be subject to other regulations
of the law and the by-laws.
The administrator or at least
25% of the condominium owners
may request the presence of
a public official, if they
believe the importance of the
issues being discussed warrant
such a presence at the meeting.
This article is my summary
of some of the high points
of the English translation
of the Law Change in Nayarit
for Condominiums. Harriet
Cochran Murray
For
additional information on
properties, for sale or lease
within the bay please visit Harriet
Murray website, call
or e-mail me at: harriet@casasandvillas.com
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