How condo design changes affect more than lifestyle By Harriet Cochran Murrray • Cochran Real Estate - March 2009
Design and architecture of condominiums has changed in Puerto Vallarta in recent years. To be competitive, more builders have introduced a “Wow” facture to their product.
Some of the new style changes have included returning to a classic Mexican look with red tile roofs, re-introducing funiculars, or trams which move people up and down the outside of the building. More landscaping has been introduced and details such as stair railings have returned to natural woods wrapped with sisal or cord.
In the contemporary buildings, architecture elements of frosted or etched glass separate areas. Open kitchens with built- in cabinets hide most kitchen equipment and create a clean, uncluttered look. Free-standing oval shaped bathtubs add sculptural interest.
Most new condominiums, in order to compete in the market, provide higher ceilings, open space where living and dining merge, natural light augmented with indirect manufactured lighting. Granite, marble, cantera, other natural stones are popular.
In these new buildings, more attention is being paid to the common areas. Standard amenities now include a gym, spa, water features, and larger pools. Many pools now have multi levels to add interest, and incorporate more foliage such as trees in the pools within planter boxes.
There is now a trend to add small dipping pools to individual terraces or to the penthouses.
What is becoming apparent is how the design elements and decisions of the builder affect the condominium ownership more now than in the past.
When enormous pools became aesthetic attractions to the buying public, it was not apparent at the time how some details would later affect value and enjoyment of ownership.
A few events together created an issue: some gigantic pools did not come with equipment to heat them in cool weather. It became a trend for penthouses or individual condos to have their own private pools on their terraces.
Much later, when owners take over their condominium associations, the question of heating the common pool comes up for discussion. Equipment to heat these super pools is expensive.
The condominium law in Jalisco sets voting as a percentage of ownership of the private and common areas owned by an individual unit. Larger units have a large percentage vote than the smaller units. Large units usually cost more to purchase, of course.
Capital improvements such as heating systems require a larger majority of the vote, in order to be approved as an expense of the association.
The 75% required to pass a special project expense, can be thwarted by a minority of owners who have a large percentage of the vote, relative to the whole. Can it happen that penthouse owners or units with private pools vote down the cost of heating a community pool?
What happens to resale units which don’t have the ability to offer a heated pool as part of the purchase price? How important is a heated pool to a buyer? How much does a heated pool contribute to the enjoyment of ownership?
Should a developer create a common amenity without thinking first whether it will be enjoyed equally by all?
What happens when a law to protect owners (by giving them their percentage of voting power based on size), impacts the whole negatively?
Should builders build some units much bigger than others? Does he realize what may happen by giving one or a few units the ability to block decisions by the majority of the other owners?
Do we realize when choosing a home in a condominium project that we could be at odds with other owners because a few can affect the majority? If one or a few persons have more than 25% of the vote, are needed capital improvements approved?
Is it far to ask owners with a smaller vote to share equally in the expense of a special assessment? Should they pay as much as the largest owner?
The condominium law in Jalisco and Nayarit is considered to be one of the most advanced in all of Mexico. It is designed to protect buyers once they are owners in having a vote and a voice in the care and maintenance of their property.
Should builders provide the equipment for heating a swimming pool? Should it be left to the owners once they control their association to vote on items such as common pool heaters? What amenities should the builder provide as part of his development?
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 conduct his own due diligence and review. Email to a friend
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 conduct his own due diligence and review.
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