Meeting to discuss what we belive are violations of Baja Condominum law by current administrator. And next steps we as owners can take.

Dear HOA Members,

We want to bring your attention to Article 70 of the Reglamentos for La Ventana del Mar and its implications for our community. Below, we outline how this article appears to violate Baja California condominium law and unfairly impacts the financial responsibilities of other condominium owners:

What Article 70 Says

Article 70 states that while the Developer retains any "Developed Lot of the Developer," they may opt to pay the difference between the fees charged to all other developed lots and the actual expenses of the Condominium. Additionally, this expense is charged back to the Condominium with interest, to be reimbursed to the Developer in the future. The Developer’s obligations under this clause can also be fulfilled through in-kind contributions, services, or materials instead of direct payments.

Why This Violates Baja California Condominium Law

1. Violation of Article 58
   Baja California condominium law requires that all condominium owners, including developers, contribute to expenses such as administration, maintenance, and reserve funds. Contributions must be proportional to ownership percentages. By allowing the Developer to shift their responsibility for fees or delay payments while still benefiting from shared services, Article 70 creates an illegal exemption. This unfairly transfers the financial burden to other condominium owners.
2. Violation of Article 60
   Article 60 of the law explicitly states that HOA fees cannot be subject to compensation, personal exceptions, or any other circumstances that would excuse their payment. By giving the Developer the ability to pay fees at their discretion or defer them, Article 70 creates a personal exception for the Developer that is prohibited by law.
3. Breach of the Principle of Equity
   Baja California condominium law is designed to ensure fairness and shared responsibility among all unit owners. Article 70 allows the Developer to avoid their financial obligations, undermining the financial stability of the Condominium and placing an undue burden on other paying members. This practice violates the fundamental principle of shared responsibility that is central to condominium law.

What This Means for the HOA

Based on these findings, Article 70 appears to be in direct conflict with Baja California condominium law. Its provisions unfairly advantage the Developer at the expense of the HOA and its members. These actions will be legally challenged, as the article undermines the integrity and financial sustainability of our community.

We will continue investigating these issues and will share additional findings as they become available. It is critical that we work together to demand accountability and ensure compliance with the law to protect the long-term financial health of our community.

Please share your thoughts or questions, and let’s discuss this matter further in upcoming meetings or communications.