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A Simple Guide for Homeowners, Condo Residents, and Anyone Curious About How the Law Really Works

Understanding how laws work in Mexico doesn’t have to be confusing. A helpful way to imagine the system is to picture a family-style pyramid, where each “generation” has a different level of authority.

Let’s walk through the pyramid from top to bottom—and show exactly where you can click to read the laws yourself.

1. The Constitution — “The Family Patriarch”

At the very top sits the Constitution of Mexico. This is the highest authority in the entire legal system—every law, rule, regulation, and government action must follow it.

Click to read it here (official government source):

➡️ https://www.diputados.gob.mx/LeyesBiblio/pdf/CPEUM.pdf

Relevant Article:

  • Article 133 – Establishes that the Constitution, federal laws, and treaties are the “Supreme Law of the Union.”

This means that nothing can override the Constitution—not a state law, not a federal agency, not a condominium board, not anyone.

2. International Treaties — “The Family’s Agreements With Outsiders”

Just below the Constitution are the international treaties that Mexico has signed with other countries. These include agreements on trade, human rights, immigration, the environment, and more.

These treaties automatically become part of Mexican law.

You can browse treaties here:

➡️ https://www.gob.mx/sre/acciones-y-programas/tratados-internacionales-31176

The Supreme Court has ruled several times that treaties have the same rank as federal law, and human-rights treaties even share constitutional rank.

3. Federal Laws — “Rules for the Whole Country”

Next on the pyramid are federal laws, which apply everywhere in Mexico—Baja California, Sonora, CDMX, everywhere.

Examples include:

  • Tax laws
  • Immigration laws
  • Criminal laws
  • Environmental regulations

You can see the full list of federal laws here:

➡️ https://www.diputados.gob.mx/LeyesBiblio/index.htm

4. State Laws — “Rules for Local Needs”

Each state gets to make its own laws too. These are adapted to local realities and needs. For people living or owning property in Baja California, two of the most important state laws are:

a) The Baja California Condominium Law

This is the law that governs all condominiums in the state—assemblies, administrators, owners’ rights, finances, and how common areas are managed.

Click to read the full text:

➡️ https://www.bajacalifornia.gob.mx/ejecutorias/Condominios.pdf

Key Article:

  • Article 1 – States that the law is of public order and social interest, meaning it is mandatory and cannot be changed or overridden by private condo rules.

b) The Baja California Civil Code

This is the general law for contracts, property, obligations, and civil rights within the state.

Click to read the code here:

➡️ https://www.congresobc.gob.mx/Documentos/ProcesoParlamentario/Leyes/TOMO_III/20230421_CODCIVIL-2.PDF

Key Article:

  • Article 6 – The will of private parties cannot exempt them from observing the law, nor alter or modify it; only private rights may be waived when they do not affect public interest or third-party rights.(Reinforced by Article 8, which makes acts contrary to public-order laws null.)



5. Municipal Regulations & Condo Bylaws — “House Rules at the Bottom of the Pyramid”

Finally, at the base of the pyramid are the local rules, such as:

  • Municipal building codes
  • Zoning regulations
  • Internal condo bylaws
  • HOA rules
  • Rules made by administrators or boards

These rules are valid only if they do not conflict with anything above them.

So if a condo bylaw contradicts:

  • the Baja Condominium Law,
  • the Civil Code,
  • a federal law,
  • a treaty, or
  • the Constitution,

the higher-level law automatically wins.

The lower-level rule gets ignored, invalidated, or simply cannot be applied.

This keeps Mexico’s legal system consistent, predictable, and fair.


Why This Matters (Especially for Condo Owners)

If you live in a condominium in Baja California—or anywhere in Mexico—this hierarchy protects you.

It ensures that:

  • An administrator cannot invent rules that contradict the law.
  • An HOA cannot override owners’ rights established in state law.
  • A board cannot hide finances when state law demands transparency.
  • No internal bylaw can cancel or reduce the legal rights of any owner.

This is why knowing the legal pyramid is so important: it tells you who can make rules—and who can’t.

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