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Developer can appoint administrator?

Yes the developer appoints the first administrator which in our case is currently JOSE DE JESUS OLMOS GONZALEZ  we as a condominium owners can replace with a majority vote.


Key Points

  1. Authority of the General Assembly to Revoke the Administrator:
    • According to Article 37, Fraction II of the Ley de Condominios, the General Assembly of Condominium Owners has the explicit power to:
      • Appoint and remove the Administrator of the Condominium.
      • This authority is unrestricted (libremente) and must align with:
        • The Ley de Condominios (Condominium Law).
        • The Constitutive Deed (Escritura Constitutiva).
        • The Condominium Regulations (Reglamento del Condominio).
  2. No 100% Vote Required:
    • The text emphasizes that it is not necessary to have a 100% supermajority vote of the condominium owners to remove the Administrator 
    • This high threshold may have been stipulated in the internal Condominium Regulations but is invalid if it contradicts the law, which allows the Assembly to revoke administrators by majority vote.
  3. Transition of Administration (Article 46):
    • When the Assembly appoints a new Administrator, the outgoing Administrator must:
      • Deliver all documents, records, and assets under their responsibility.
      • This transition must occur within seven calendar days of the appointment.
      • Extensions to this timeline are only permitted through a judicial resolution.
  4. Article 35, Fraction II - Voting Rights:
        • Establishes that each condominium owner has voting rights proportional to their ownership share (indiviso).
        • However, these voting rights are contingent on meeting financial obligations.
      • Article 38 (Suspension of Voting Rights):
        • States that voting rights are suspended for condominium owners who fail to pay two or more ordinary dues or one extraordinary fee
        • While non-paying owners lose their right to vote, they retain their right to speak (voice) in the Assembly.
      • Impact on Quorum:
        • Owners with suspended voting rights are not counted toward the quorum required for holding or validating an Assembly.
        • This ensures that only contributing members influence the decision-making process.
    • Non-dues-paying condominium owners are restricted from voting on decisions, including the removal of the Administrator, as per Articles 35 and 38 of the Baja California Condominium Law. Their exclusion ensures that decisions reflect the contributions and interests of compliant owners, maintaining equity and financial responsibility within the condominium community.

From Regulations for LVDM not compliant with law.

Video of Extraordinary Assembly La Ventana Del Mar & Las Villas