Is Incorrect Under the Baja California Condominium Law

Neighbors,

We want to help everyone understand the law clearly and avoid confusion. Below is a simple, friendly explanation of what the Baja California Condominium Law actually says, with direct citations from the official law.   You can read Nov 14th letter from Jesus and Pat at this pdf file 

This is not legal theory, and it is not opinion — these are direct quotes from the law that applies to all condominiums in Baja California.

Let’s go point by point.

1. Their Claim:

“Only the HOA General Assembly can remove or replace the Administrator.”

(They repeat this multiple times in the letter.)

1. “The HOA decides who can remove or replace the Administrator.” — FALSE

✔ What the law really says:

The supreme authority in every condominium is the Asamblea General de Condóminos — this Assembly exists within each “condo régimen” and is created directly by the condominium’s Acta Constitutiva (the foundational public deed that legally forms the condominium).

Article 33 of the Condominium Law:

“El órgano supremo del condominio es la Asamblea General de Condóminos.”

This means:

• The Assembly of owners is the highest authority.
• Private A.C. corporations do not appear anywhere in the law.
• The A.C. cannot decide who may remove the Administrator.

🟢  Only owners who are CURRENT on dues may vote.

✔ What the law really says:

The Baja Condominium Law clearly states:

Owners who are behind on dues lose their right to vote until they are fully up to date.

This rule applies to every owner, including:

• individuals
• investors
• corporations
• AND developers

There are no exceptions in the law.

If the developer is not current or refuses to pay full dues:

✔ The developer who does not pay has NO voting rights in the Assembly.

This is critical because:

• A developer who owes money cannot legally participate in decisions.
• They cannot vote to keep or remove an Administrator.
• They cannot vote to block a new administration chosen by paying owners.

The law protects owners by preventing non-paying parties from controlling the condominium.

The Administrator Cannot Waive Fees 

The law is very clear: the Administrator cannot forgive, waive, reduce, or excuse the payment of condominium fees for anyone — not for an owner, not for a company, and not for the developer.

Article 60 of the Baja California Condominium Law:

“Las cuotas de administración y mantenimiento no estarán sujetas a compensación, excepciones personales ni algún otro supuesto que pueda excusar su pago.”

This means:

• No discounts
• No forgiveness
• No “special arrangements”
• No exemptions

Everyone must pay their full fees, and the Administrator has zero legal power to change, reduce, or waive them.

🟥 Important: Personal Liability of the Administrator

If an Administrator illegally waives or reduces someone’s fees, the law considers this a failure of duty. Any such action causes direct monetary harm to all paying owners because it increases their share of expenses.

Because of this, the Administrator may be held personally liable for:

• the unpaid amounts they improperly excused, and
• any financial damage caused to the condominium community.

In simple terms:

✔ If the Administrator waives someone’s fees, he may have to pay that money back out of his own pocket.

Any Rule That Contradicts the Law Is Null and Void (Developer “Special Rights”)

The Baja California Condominium Law is a public-order law, which means its rules override any Reglamento, internal rules, or private agreements that try to change or weaken it.

So if the Reglamento of any condominium tries to give the developer “special rights,” “extra votes,” or the ability to avoid paying dues, those clauses are legally null and void because they contradict the law.

Article 38 — Law removes voting rights for non-paying owners:

Owners who owe 2+  fees lose their right to vote and are not counted for quorum.

Article 60 — Fees cannot be excused for anyone:

“Las cuotas… no estarán sujetas a compensación, excepciones personales ni algún otro supuesto que pueda excusar su pago.”

Together, these articles mean:

• The developer must pay fees like everyone else.
• The developer loses the right to vote if they are not current.
• No Reglamento, bylaws, or private A.C. rules can change this.
• Any clause giving the developer special privileges is invalid under the law.

The law always prevails over any private rule or clause that tries to contradict it.

🔵 Why this matters for us:

The November 14 letter implies that certain parties (including the developer or the HOA corporation) have special voting powers.

This is incorrect.

Under the law:

✔ Only owners who pay their dues have a legal vote.

✔ The developer is not above the law — they must pay dues like everyone else.

✔ The HOA corporation has no voting rights because it is not recognized as an authority in the law.

✔ Therefore, only the Assembly of paying owners can decide who the Administrator is.

2. Their Claim:

“The Vigilance Committee has no authority and cannot call an assembly.”

What the law really says:

The Vigilance Committee is mandatory in every condominium and has legal powers.

Article 49–51:

The Vigilance Committee must:

• Ensure the Administrator follows the Assembly’s decisions (Art. 51-I)
• Supervise the Administrator’s compliance (Art. 51-II)
• Review and issue opinions on financial statements (Art. 51-V)

This means:

• The Vigilance Committee absolutely does have legal authority.
• It was created by law — not by the HOA.
• The Administrator must cooperate with it.

✔ Therefore:

When an Administrator blocks access to records or refuses to call an assembly, the Comité de Vigilancia and the owners must step in, exactly as the law requires.

3. Their Claim:

“Payments made to the new administration are not valid.”

Rebuttal — What the Law Actually Says:

When the administrator is legally replaced, dues must follow that change.

The law is very clear: once the Assembly removes an administrator and appoints a new one, the previous administrator immediately loses all authority to receive, manage, or control any condominium funds.

This comes directly from Article 46, which requires the outgoing administrator to turn over every document, book, bank record, asset, and financial file to the new administrator within seven days:

✔ Article 46:

“…la administración saliente deberá entregar, en un término que no exceda de siete días naturales… todos los documentos incluyendo los estados de cuenta, libro de actas, valores, muebles, inmuebles y demás bienes…”

This article makes three things legally certain:

🟢 1. The outgoing administrator loses authority IMMEDIATELY

As soon as the Assembly votes, the old administrator:

• cannot collect dues
• cannot manage funds
• cannot issue receipts
• cannot make financial decisions
• cannot act “on behalf of the condominium”

Their only remaining legal duty is to deliver everything to the new administration.

🟢 2. Payments made to a removed administrator are NOT legally valid

Because the old administrator no longer has authority, any payment made to them does not count as payment of dues.

Owners must pay the legally appointed administrator.

The law gives no exceptions.

🟢 3. The new administrator becomes the ONLY legal recipient of dues

Once appointed by the Assembly, the new administration immediately becomes the only legal authority for:

• receiving dues
• depositing funds
• handling maintenance accounts
• issuing receipts
• managing budgets

This is because the law transfers all authority and all documents and goods to the new administration.

The Old Administrator Must Hand Over ALL Documents, Records, and Goods Purchased With Condominium Funds

When an administrator is removed and a new one is appointed by the Asamblea, the law requires a complete and unconditional handover of absolutely everything related to the condominium’s operation.

This includes every document, record, asset, and item that was bought using the condominium’s money.

✔ Article 46 — Mandatory Handover Within 7 Days

“…la administración saliente deberá entregar, en un término que no exceda de siete días naturales… todos los documentos incluyendo los estados de cuenta, libro de actas, valores, muebles, inmuebles y demás bienes…”

This article makes it crystal clear that the outgoing administrator must deliver:

• All bank statements
• All accounting records
• All invoices and receipts
• All financial books
• All contracts
• All meeting minutes (libro de actas)
• All legal records
• All office equipment purchased with condo money
• All tools, supplies, computers, furniture, radios, keys, and vehicles if paid with condo funds
• Any assets or property belonging to the condominium

Nothing may be kept.

Nothing may be hidden.

Nothing may be left behind.

Nothing may be taken to the A.C. or to a private office.

🟥 Failing to deliver ANY of these items is a violation of Article 46 and may create personal liability for the old administrator.

The condominium goods do not belong to the A.C., the administrator, the developer, or any employee.

They belong only to the condominium regimes and must be transferred to the new administration immediately.

This is not an opinion or interpretation — it is state law.

4. Their Claim:

“Administration of dues is completely transparent.”

Rebuttal — What the Law Actually Says:

Transparency is a legal obligation — not optional.

Article 45(IV) of the Baja California Condominium Law:

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:

• keep all books and documents;
• make them available to owners at any time;
• allow inspection of all financial records.

If the administrator refuses to provide:

• bank statements,
• invoices,
• records,
• financial books,

they are violating Article 41.

✔ Therefore:

Transparency is measured by compliance with the law, not by the administrator claiming transparency without providing documents.

5. Their Claim:

“We cannot share owner information with the Vigilance Committee due to privacy laws.”

 — FALSE

✔ What the law really says:

The Vigilance Committee is not a “third party.”

It is a legally required governing body.

Article 51:

It must review accounts, verify funds, and supervise compliance.

It cannot do this job without information.

If an administrator refuses to give the Vigilance Committee:

• owner lists,
• financial documents,
• records, or
• access to information,

then the administrator is violating the law.