LVDM Vigilance/Supervisory Committee and Formative Committee of Asociación de Propietarios de La Ventana del Mar, A.C
October 31, 2025
Dear condominium owners,
Clarification on the Role of the Asociación Civil, the Authority of the General Assembly, and the Legality of the Extraordinary Assembly Called by the Vigilance Committee (Meeting Held on October 24, 2025)
Let it be absolutely clear: This decision does not affect the developer’s company (San Felipe Beach Club S.A. de C.V.) or its private projects.
It is essential to emphasize that, as condominium owners under the respective condominium regimes, we are not members of the Asociación de Condominos La Ventana del Mar, A.C. (the "A.C."). This entity serves solely as an administrator or management company, which may be appointed or removed by the General Assembly of owners pursuant to the Law on the Condominium Property Regime for the State of Baja California. The A.C. is a legal person (persona moral) external to the condominium ownership structure, as permitted under Article 2, Section II, which defines a professional administrator as a physical or moral person not residing in the condominium, appointed for administrative purposes.
The General Assembly constitutes the supreme governing body of the condominium, as established in Article 2, Section IV, and Article 33 of the Law. Its authority is founded upon the escritura constitutiva (constitutive deed) of each condominium regime, which outlines the characteristics, conditions, and organizational framework for the condominium's operation, including the establishment of the regime itself (Article 8 and Article 33).
Regarding the appointment of administrators, the Law provides that the creator or constructor of the condominium regime may initially serve as the administrator in the case of new constructions, until the first General Assembly of owners is convened (Article 42). However, once additional owners acquire units and the regime is fully established, the General Assembly assumes supreme authority to freely appoint and remove the administrator or administrators, in accordance with the terms of the Law, the escritura constitutiva, and the condominium regulations (Article 37, Section II). Furthermore, pursuant to Article 1 of the Law, which declares its provisions to be of public order and social interest with general observance throughout the territory, the condominium regulations cannot override the stipulations of this Law; the Law holds primary authority and supersedes any conflicting provisions in private documents such as the regulations.
This ensures that ongoing administration aligns with the collective interests of the owners.
Under the Law on the Condominium Property Regime for the State of Baja California, only the General Assembly of each condominium regime has authority to appoint or remove an administrator — whether that administrator is a person or an A.C. (Article 37, Section II).
Therefore, when the paying owners convene and vote in a duly called Assembly, their decision is legally binding, and they may remove an administrator or an A.C. whenever there is just cause. Owners who have not paid their dues lose the right to vote under Article 38, which establishes that condominium owners' voting rights are suspended—while retaining the right to voice opinions—upon failure to pay two or more regular cuotas (dues) for maintenance, administration, and the reserve fund, or upon failure to pay one extraordinary cuota within the established deadlines, following prior notification and approval by the General Assembly. Such owners are not considered for quorum purposes in assembly installations.
The Vigilance Supervisors elected by the condominium regimes — called this Extraordinary General Assembly held on October 24, 2025, strictly in accordance with the Law on the Condominium Property Regime for the State of Baja California.
We did so because the former administration failed to comply with its legal duties. The law is very clear:
1️⃣ Article 45 – Duty to maintain and disclose records “El Administrador deberá recabar y conservar los libros y la documentación relacionada con el condominio, mismos que en todo tiempo podrán ser consultados por los condóminos.” (The Administrator must collect and keep the condominium’s books and related documents, which may at any time be reviewed by the owners.) This article establishes the legal obligation for the Administrator to provide full access to accounting information to any owner. The former administrator did not provide bank statements, invoices, or transparent accounting.
2️⃣ Article 58 – Obligation to contribute “Cada condómino debe contribuir en proporción al porcentaje de indiviso que corresponda al pago de los gastos de administración, conservación y operación de los bienes y servicios comunes.” (Each condominium owner must contribute in proportion to their ownership share to cover administration, maintenance, and operation expenses of the common property.) The old administration illegally waived HOA dues for certain developer-related properties, violating equality and fairness among owners.
It is imperative to address the prior administrator's practice of waiving maintenance fees or accepting in-kind trades (such as services or other non-monetary contributions) for properties owned by the developer. This conduct directly contravenes the Law on the Condominium Property Regime for the State of Baja California, which mandates equitable and proportional contributions from all condominium owners without exception. Any deviation from proportional cash contributions requires transparent approval by the General Assembly to ensure fairness and adherence to the copropiedad principles outlined in Article 3 and Article 9 of the Law. Furthermore, under Article 60 of the Law, “Las cuotas de administración y mantenimiento no estarán sujetas a compensación, excepciones personales ni algún otro supuesto que pueda excusar su pago.” (The quotas for administration and maintenance are not subject to compensation, personal exceptions, nor any other supposition that may excuse their payment.) This provision explicitly prohibits any form of waiver or exemption, reinforcing that the administrator lacks unilateral authority to waive fees or substitute in-kind trades, as such actions introduce inequality among owners, favor specific parties, and undermine the financial integrity of the condominium. This improper practice contributed to the non-compliance that necessitated the Vigilance Committee's intervention and the subsequent Extraordinary General Assembly.
3️⃣ Articles 49–51 – Powers of the Vigilance Committee “El Consejo de Vigilancia tendrá las siguientes funciones y obligaciones: I. Cerciorarse de que el Administrador cumpla con los acuerdos de la Asamblea General; V. Verificar y emitir dictamen de los estados de cuenta que debe rendir el Administrador ante la Asamblea General.” (The Vigilance Committee shall ensure that the Administrator complies with the resolutions of the General Assembly and shall verify and issue opinions on the financial statements the Administrator must present to the Assembly.) Because of repeated non-compliance, financial non-disclosure, and waiver of fees for developer units, the Vigilance Committee lawfully convened this Assembly. Owners voted to remove prior administrators and appoint the Asociación de Propietarios de La Ventana del Mar, A.C. as the new Administrator with full authority under Article 51.
Under the Ley sobre el Régimen de Propiedad en Condominio de Inmuebles para el Estado de Baja California, any goods or monies acquired by the Administrator with condominium funds belong collectively to the condominium — not to the Administrator or any individual owner.
Specifically:
- Article
45, sections II, VI, IX, and X establish that the Administrator
only manages and spends condominium funds for maintenance and
administration purposes, under the authority of the Assembly and according
to the law.
It explicitly requires the Administrator to “cuidar y vigilar los bienes del condominio y los servicios comunes” and “efectuar los gastos de mantenimiento y administración del condominio, con cargo al fondo correspondiente”.
This means that any goods or assets acquired belong to the collective property (bienes comunes) of the condominium. - Article
46 reinforces this by ordering that, when a new administration is
elected, the outgoing Administrator must hand over “todos los
documentos incluyendo los estados de cuenta, libro de actas, valores,
muebles, inmuebles y demás bienes que tuviera bajo su resguardo y
responsabilidad”.
This confirms that such assets are held in trust for the condominium and must be delivered to the incoming administration. - Articles 25–26 also clarify that common property includes all goods and installations that serve collective use, whether originally part of the building or later acquired with condominium funds.
These are our funds — the paying owners’ money — and we have the legal right to protect them.
From now on, the Asociación de Propietarios de La Ventana del Mar, A.C., as the duly elected Administrator, will operate with full transparency, publish all financial statements, and comply strictly with the Ley sobre el Régimen de Propiedad en Condominio de Inmuebles del Estado de Baja California, in service of every paying condominium owner.
In addition, the Vigilance Committee is in active contact with Associa México (www.associaonline.com) to evaluate the transfer of financial management of the condominium regimes’ funds to ensure lawful, transparent, and professionally administered accounting in full compliance with Baja California condominium law.
Condo Regimens Beach Club 1-6
Condominio 7
Condominio 9-A
Condominio 9-B
Condominio 9-C
Condominio 10
Condominio 11
Condominio 12
Poligono 13
Poilgono 14
Poligono 16