Index

General Dispositions

 

Chapter I

Its constitution and legal dispositions………………………………………………..................…………….5

Chapter II                                                                 

Private and exclusive property and common property and common areas……………………….8

Chapter III

The property and the obligations of the condo owners……………………………........……………..10

Chapter IV

Prohibitions with regards to construction work…………………………………………….............…….13

Chapter V

Labor and services provided by the Administrator and the Administrative Committee….……...14

Chapter VI

Common costs and expenses for all the condo owners……………………………....……..15

 

Chapter VII

Mandatory contributions for all the condo owners……………………………………….....................…... 15

Chapter VII

Labor responsibility………………………………………………………………….........................................………19

General Assemblies

Chapter I

General assembly of condo owners………………………………………………………………20

Chapter II

Ordinary general assemblies…………………………………………………...………………...…21

Chapter III

Extra-ordinary general assemblies………………………………………………………………..21

Chapter IV

Requirements to call for a general assembly……………………………..………………..22

Chapter V

The ones who can call for a general assembly………………………………………………22

Chapter VI

Requirements for the right to assist to a general assembly……………………….23

Chapter VII

The legality in the installation of assemblies………………………………………….……..24

 

Chapter VIII

The way of voting in general assemblies and the counting of votes……………………………..24

Chapter IX

The validity of the resolutions of the general assemblies……………………......…………………..24

The Administrator or the Administrative Committee

 

Chapter I

The administration of the condominium………………………………………………...........................…………25

Chapter II

Authority and attributions of the Administrator or the Administrative Committee……….....……..26

Chapter III

Granting of powers………………………………………………………………......................................………………27

Chapter IV

Cases in which one stops to be the Administrator or stops belonging to the Committee……….28

Chapter V

The way of surrendering the administration………………………………………………......................….....29

Chapter VI

The drawing up the inventory………………….………………………………………….............................……..30

Chapter VII

Revision and explanation of accounts…………………………………………………..........................……..…31

The Surveillance Committee

Chapter I

The Surveillance Committee................................................................................…...31

Chapter II

Faculties and attributions of the Surveillance Committee……………………………………..32

Chapter III

Attributions of the president of the Surveillance Committee………………………………….33

Chapter IV

Cases in which one stops belonging to the Surveillance Committee………………………….33

Complementary Dispositions

Chapter I

Sanctions…………………………………………………………………………………..........................…….34

Chapter II
Abolition and liquidation of the condo regime……………………………..........…………………...35

Chapter III

Destruction, ruin, antiquity and rebuilding of the condominium………………………………35

Chapter IV

Regulations and disputes………………………………….…………………………..................…………36

Chapter V

Final dispositions……………………………………….………………......................………………………37

Temporary regulations……………………………………………………................…………………..37

 

Regulations of the condominium and administration of the entity LAS TORRES GEMELAS, located in the city of Acapulco in the State of Guerrero.

General Dispositions
Chapter I
Its constitution and legal dispositions

Article 1.- The condominium Las Torres Gemelas, located in the city of Acapulco in the State of Guerrero, in the “Acapulco Deportivo “area,  Roca Sola section with a surface of 6,478.47 m2, and with the measures and boundaries specified in the attached plan of the Title Deed, made up of the buildings “Torre Sur” and “Torre Norte” and its property and common areas; was established according to Public Deed no. 57,279 dated March 20th 1981, validated by notary no.58 Lic. MARIO D. REYNOSO OBREGON of Mexico City; and registered at the Public Property Register and Commercial Register, of the district Tabares with the number 12261 dated June 16th 1983 certified at the Ministry of Finance, with number CTG-810320Q99-L1 and based on the Law number 103 of December 5th 1956 and published in the official newsletter of the State of Guerrero of that month , prescribed by regulations of the Article 951 of the Civil Code and the Regulations  according to the Temporary Fourth Article of the Condominium Property Law in the State of Guerrero number 557 is substituted for the present one.

Article 2.- The present regulation makes up the joined norms that regulate the condominium live and internal relations of the condo owners inside the residential whole of  Las Torres Gemelas and is based on Article 47 fraction 1 of the Political Constitution of the free and sovereign  State of Guerrero; Property and Condominium Law 557; Civil Codes and Civil Procedures of the free and sovereign State of Guerrero; the Public Deed and all those legal dispositions applicable according the law.

Article 3.- The following persons with are mentioned below are obligated and submitted to the fulfilment of the legal dispositions mentioned in Article 1 and 2 , as to the resolutions deriving from the area of the Administrative and Surveillance Committee.

A)The owners of exclusive property units.

B)Those people whose rights of usage and exploitation of the units derive from the trustee and have the quality of full time trustee or co-owner trustee of one of the Units or Apartments with the limits pointed out in the Regulations.

C)The tenants of exclusive property units or commercial sites.

D)The people that use or have a Unit of exclusive property by other means.

E)The Surveillance Committee

F)The Administrator or the Administrative Committee

G)Service personnel

H)Owners and trustees of commercial sites.

I)People who retain rights over concession areas

 

Article 4.- For a better understanding of the Regulations and to abbreviate the terms used , we give a brief explanation of each .

CALMECAC

Organization named “Calidad Mexicana Certificada A.C. responsible for establishing norms of quality for establishments that offer services to the Hotel Business.

CONDOMINIO

The buildings of Las Torres Gemelas, North and South, its annexed and common areas.

CUOTA DIARIA
DE OCCUPACION

Payment made by the condo owner or authorized person to occupy a unit for a certain period of time, for each night of occupation.

THE ADMINISTRATOR OR ADMINISTRATIVE COMMITEE

Physical or moral person in charge of the administration of the Condominium of Las Torres Gemelas.

EL COMITÉ DE VIGILANCIA

Surveillance organ made up of condo owners.

EL FIDUCIARIO

Institution of Credit in charge of the execution of EL FIDEICOMISO

EL OPERADOR

Physical or moral person whose business is to rent and commercialize the Units of exclusive property within the Condominium, with a mandate of the condo owners

EL REGIMEN

The property and condominium regime of Las Torres Gemelas

EL REPRESENTANTE COMMUN

The person who represents the beneficiaries of the apartments

EL SERVICIO

Internal service personnel and its service within the Condominium of Las Torres Gemelas

LA ASAMBLEA GENERAL

Supreme organ of the Condominium made up of condo owners and common representatives of the beneficiaries of the apartment rights

LA ESCRITURA

The public deed of the property regime in the Condominium La Torres Gemelas

LA  LEY

The law on property and condominium regime for the State of Guerrero no.557, published in the official newsletter of the State Government, number 102 year LXXXIII dated December 13th, 2002.

LOS CODIGOS

Civil and civil procedural codes for the free and sovereign State of Guerrero

LOS CONDOMINOS

The condo owners of exclusive property units and commercial sites, the trustees of apartments and commercial sites and the beneficiaries of apartments whose personal rights allows them to use a unit

PROINDIVISO

The units of private and exclusive property of the North and South tower, commercial sites which according to the regime of Las Torres Gemelas have no limit to their private use, except those provided by the regulations

APARTAMINIO

The co-property of the personal rights of several people of a Unit in the Condominium giving each one the right to use it in a pre-established period of time of the year, for several years.

UNIDAD

Partial value represented by a unit of exclusive property in the total of all units of the condominium, which are valued in fixed prices with decimals, which is to say the percentage as a result of dividing a unit’s value with the value of all the units of the Condominium.

INTERVALO

Specific and pre-established time within a year in which each of the beneficiaries of an APRARTAMINIO can use his rights to occupy a unit.

BENEFICIARIOS

The co-owners of the personal rights to use an APARTAMINIO giving each on the right to use it for a certain time in a year, for a number of pre-established years.

LAS AREAS COMUNES

All those areas named in the Deed to which the condo owners have a proportional co-property and PROINDIVISO right, without existing and exclusive right for a particular condo owner.

CUOTAS DE MANTENIMIENTO

The amount the condo owners have to pay to cover the expenses originated by the administration, non individual operations and services of the common areas of the Condominium

CUOTAS EXTRAORDINARIAS

The amount established by the General Assembly that has to be paid by the condo owners when the financial resources within a given period of time are not sufficient to cover expenses that due to their importance, urgency and need of fulfilment , so that additional contributions are required.

EL FIDEICOMISO

Commercial operation concerned with the terrains and buildings that make up Las Torres Gemelas

POOL DE OPERADORES DE ADMINISTRACION Y COMERCIALICACION DE UNIDADES

Entity of people named “operadores” whose business is to rent and commercialize the Units of exclusive property within the Condominium, with a mandate of the condo owners

 

 

Chapter II

Private and exclusive property and common property and common areas

Article 5.- The Condominium  is divided into:

A)Property and parts of private and exclusive property, to be used by each condo owner, proprietor, fiduciary in an exclusive manner.

B)The areas or goods of common property , that by Law, and as pointed out in the Deed, Codes and Regulations  are considered as such, because they provide or satisfy needs  of a collective nature, belonging to condo owners of co property, being inseparable from the private or exclusive property according to the PROINDIVISO. The people mentioned in Article 3 have equal rights over the use of the common areas.  

                  
Commercial sites or supermarkets, food stores or any other store or shop should not be considered as of a collective nature, and are therefore not to be regarded as an integral part of the common property or common area.

Article 6.- Property and parts of private and exclusive property, are seen as the residential units of the Condominium, which are destined to the acquisition , exploitation, usage and enjoyment of the condo owners according to that which is established in the Law, the Codes, the Deed, the regulations, the FIDEICOMISO and the agreements of the General Assembly. Likewise units known and used as commercial sites are considered to be private and exclusive property.

Each unit of exclusive and private property has an INDIVISO according to the list in the Deed.

In the acquisition, exploitation and usage of the private or exclusive property, the condo owner should hold to that what is established in the Law, the Codes, the Deed, the FIDEICOMISO and the Regulations.

With the sale of a unit of private or exclusive property that is rented, the tenant will have preference of acquisition, over the right of the other condo owners. But in any case adjusting to that what is established in the legal dispositions.

Within every contract of acquisition of the right of a unit, it will be stated that a copy of the Regulations and declarations and clauses of the Deed were given, with the corresponding PROINDIVISO.

The established use of the units can not be changed or modified, without the authorization of the General Assembly, where at least a 38% vote of the total Condominium is required.

 Article 7.- The following areas or parts will be considered to be of exclusive property:
Private terraces, water pipes, electrical instalments, sewage system, telephone and air-conditioning located inside the private property, ceilings and in general all assets which have a particular use and are found to be within the private units.

 

 

 

Therefore all expenses resulting from repair, maintenance and improvement of each private unit, as to the cable or satellite TV, gas, telephone and other services will be paid separately by each condo owner.

Article 8.- The areas or assets of common property are those that together in PROINDIVISO belong to the condo owners and that by Law or as established in the Codes, Deed and the Regulations are considered to be as such and necessary for the existence, security, access, embellishment , satisfaction of collective needs, and recreational needs or any other similar need.
 
The assets of common property or common areas  can not be divided or modified with regards to its shape, construction or destination without the approval of the General Assembly where at least a 38% of the vote of the condo owners is required; taking in to account that no prohibition exists by Law.

The Administrator or the Administrative Committee have to keep the inventory of all the assets and installations of common use up to date; and it is the Surveillance’s Committee task to demand that is does so adequately.

The people mentioned in Article 3 should use the common assets and general installations according to their nature and original destiny, without restricting or adding burden on others, on the contrary one will subjected to sanctions provided by the Law and the Regulations, without prejudice to the responsibilities of the civil and penile order of the free and sovereign State of Guerrero, that might occur.

Even in the case that a condo owner does not use his rights or renounces to use particular common assets, he will be subjected to the obligations imposed by the Regulations, the Law, the Deed and all applicable dispositions.

Article 9.- The following areas are assets of common property as established by the Law, the Codes, the Deed and the Regulations:

A)The terrain; basements; the entrance doors; hallways, stairways, patios; gardens; paths; elevators,  elevator shafts, and spaces for general circulation of people and vehicles.

B)The reception area, areas destined to administration, security, surveillance, social reunions, recreation and sports, parking and those destined to common services

C)The construction; installations, appliances and assets for common use such as pits, wells, reservoirs, water tanks, incinerators, freight lifts gas stoves, pumps and motors, sewers, channels, conducts for sewage and heating, electrical instalments, with the sole exception that that are used exclusively for each unit.

D)Foundations, structures, supporting walls and the roofs for general use, the floors, ceilings between 2 floors or parts of ceilings, as long as they belong to different owners and walls or other divisions used for separations.

E)Whatever other asset of common property or common area of the Condominium, constructions, appliances or installations as such established by Law, Codes, the Deed and the Regulations.

 

 

Chapter III
The property and the obligations of the condo owners

Article 10.- The condo owners use their units, according to the destiny pointed out in the Law, Codes, the Deed, and the Regulations, being subjected to those rights, with the understanding that they can’t prejudice or hinder other condo owners in their use.

In keeping an adequate control within the Condominium; the Administrator, or the Administrative Committee, will establish a system of identification of the guests, through which different colored bracelets will be assigned; or any other adequate system in treating the condo owners or clients of the POOL DE OPERADORES; DE ADMINISTRACION Y COMERCIALIZACION DE UNIDADES, which does not imply preferential or discriminating treatment.

The condo owners can rent, lease, transfer, mortgage or tax their property or their fiduciary rights, whenever the transaction observes the limits and conditions pointed out in the Law, the Code, the Deed and the Regulations and the Trusteeship; unless the purchasing party, in writing, assumes all the past, present and future obligations that the transferring condo owners was, is or will be responsible for. Or in the case an agreement has been reached that satisfies the Trusteeship, the Administrator or the Administrative Committee or the Surveillance Committee. 

Article 11.- The condo owners with property or fiduciary rights, who are paid compensation when being co-owner; should under all circumstances set up regulations, which point out the form of representation chosen under the Law, the Codes, the Deed, the Regulations and the Trusteeship. The co-owners will be co- responsible for the obligations deriving from the unit they co-own.

The common representative, will be responsible for covering the maintenance and administration fees, the reserve fund, the contribution for the daily occupation, the fees for the fiduciary and everything else established by the Law, the Codes, the Deed and the Regulations and the Trusteeship.

The designation of the common representative has to be informed to the Administrator or the Administrative and Surveillance Committee and the Trusteeship, in writing.

Article 12.- The Administrator or the Administrative Committee, representing the condo owners, will be acting in this case, regarding to an infraction of the facts as pointed out in the previous Article.

Article 13.- The people mentioned in clauses A), B), C), and D) of the Article 3 of the Regulations have to hand in to the Administrator or the Administrative Committee, a copy of all the access keys to their units, this to facilitate the access for personnel that has to intervene in case of an emergency or when carrying out a special job. In case of a change of locks or a change in lock combination, these new keys also have to be handed over.
 

Not complying with the previous Article, and upon discovering a case of emergency without having the needed keys, access will be provided in a manner that merits the case, leaving the condo owner responsible to cover the costs due to his infulfillment of the aforementioned obligations.
Article 14.- The condo owners should not through action or inaction, within  the Condominium, disturb the peace and tranquillity of other guests and be committed to  the security, comfort, stability, hygiene and prestige of the Condominium, withholding from actions that hinder its administration.

Article 15.- In the case that one or several condo owners commit such an act or omission within the Condominium, the Administrator or the Administrative and Surveillance Committee, representing the condo owners, will promote the civil and penile actions necessary, and demanding payment of the damages and acts of prejudice that were caused.

Article 16.- The rights and obligations of each condo owner in relation to the goods of common property and area , is based on the factor of PROINDIVISO that corresponds to each unit.

Article 17.- Whenever a person mentioned in article 3 of the Regulations, inflicts damage upon the goods of common property or common areas; he needs to pay for repairs within  a 30 day time limit .In case a condo owner , being the responsible, refuses to pay within the given time limit; the necessary reparations will carried out by the Administrator or the Administrative Committee, and the cost will be charged to the neglectful owner, furthermore charging an interest to be defined by the General Assembly , on the amount owed. In case the people mentioned in incision C) and D), of Article 3 do not pay for the damages caused, the Administrator or the Administrative Committee, will promote the necessary legal actions; if these people had been authorized by the condo owner to use the unit; the condo owner in question will be held responsible for these actions, and will be asked if so needed by Administrator or the Administrative Committee, to pay for the reparations of damages caused by his authorized guests.

When the damages are caused by the Administrator or any member of the Administrative or Surveillance Committee or service personnel, the following should be observed:

A)If the Administrator or any member of the Administrative or Surveillance Committee caused the damages, the Condominium will have the authority to immediately charge them for the value of the damages caused.                                                                                                                           

B)If the service personnel were responsible, the Administrator or the Administrative or Surveillance Committee is authorized to make deductions from their pay, for the damages caused.

 

In the previous case one attains to the Federal Work Law.

Article 18.- The condo owners or any other person using or living in a unit of the Condominium should comply with and obey to the following indications :

 

A)When the units are occupied by a different person than the owner, only a maximum of 5 people is allowed, with an exception for the Penthouse, with a maximum of 9 people. No people can occupy units marked as commercial sites. Notwithstanding the latter, the General Assembly can authorize the change of commercial sites to residential units, with a previous study elaborated by the Administrator or the Administrative and Surveillance Committee and approved by a simple majority at the Assembly.

B)Introduction of animals to the Condominium.

C)Using of the hallways, passageways, pools, stairs, elevators or any other part of the common property or common areas to hold reunions, skate, bicycle and any other type of loud or violent game, as the placing of plants temporarily or permanently, or whatever ornament that has not been approved previously in writing by the Administrator or the Administrative or Surveillance Committee.

D)Placing of banners or plaques or decorative ornaments, on inner or outer facades, inner and outer walls in general, that lessens the visual aspect of the Condominium.

E)The announcement and ads at and of commercial sites without a previous request for approval to the Administrator or the Administrative or Surveillance Committee, for which they have to annex sketches or plans of the ads with they pretend to use, and the places where they want to use them.

F)Publicise on the rental and transferrals of the units, expect in the case of authorized places for such a case by the Administrator or the Administrative or Surveillance Committee.

G)Hanging of clothes and other objects out of windows, balconies and terraces of private or exclusive property and the common property and common areas or parts of these.

H)Installing and using machinery and motors in units, different from domestic use, and causing bothersome noises, vapors and smells.

I)Cooking in a place that is not the unit’s kitchen, as using medicine or material of disagreeable odor that are perceivable outside of the unit and bother other condo owners or guests.

J)Consuming any type of alcohol outside the unit, with the exception of those drinks that have been prepared and served at places with this specific object.

K)Playing of instruments or sound systems in any part of the Condominium that due to their loudness disturb and bother others.

L)Placing the outer parts of the air-conditioning out of their assigned place, according to the plans in the Deed.

Article 19.- In addition  to the established prohibitions in the previous article ,the condo owners have to adhere to the following obligations.

A)When a condo owners lets a third party use his unit, this should be notified in writing to the Administrator or the Administrative Committee.

B)Notification to Administrator or the Administrative Committee of any circumstance or fact that can cause damage to or affect any part of the Condominium.

C)To comply exactly, faithfully and punctually with the dispositions of the Law, the Deed, the Codes and the Regulations, giving a written notification to the Administrator or the Administrative Committee if there is any irregularity that indicates the breaking of rules.

D)To permit the Administrator, the Administrative Committee, or authorized personnel, to inspect their unit, to establish the compliance with the rules of the Law, the Codes, the Deed and the Regulations.

E)Attend General Assemblies, personally or through an authorized representative.

F)In annex “A” of the present Regulations, the obligations of the operators dedicated to the administration and rental and commercialization of units inside the Condominium are established; as for condo owners who personally rent their property in the Torres Gemelas.

 

Chapter IV

The prohibitions with regards to construction work

 

Article 20.- In the realization of construction work on part of the condo owners the following acts are forbidden:

A)Build without the authorization of the Administrator or the Administrative and Surveillance Committee, within the unit altering their destination, referring to structures, installations, facades, hallways, areas of circulation and all other spaces of common property or common areas. To obtain an authorization, a written application has to be made, attaching the plans for the construction. The corresponding decision will be given in writing within a 30 day time limit.

B)That any condo owner occupies space or builds on the terraced roofs of the buildings of the Condominium.

C)Alter or modify in any way, the walls of the façade, or the decoration, the doors, or the color of any of these, including the windows or the balconies and their windowpanes.

D)Alter or modify any of the walls separating the private or exclusive properties, the hallways and other spaces of common property and common areas, open doors or windows or drill in the wall mentioned. The condo owners can’t lower these walls or built a niche or any modification as these walls are only to be used as established in the original plans.

E)Modify or perforate, make holes or alter in any way the tile floors that divide the units.

F)Place wires for radios, TV’s or any other device, outside the ducts or installations of the Condominium. In the same way telephones and their cables, since the existing telephone cabling of the Condominium should be used for this. This will be pointed out to the condo owner, by the Administrator or the Administrative or Surveillance Committee, who will if necessary and with a previous application and study decide what, will proceed.

G)Build or make repairs during evening hours, except in the case of unforeseen circumstances, where a previous authorization, application and study will decide what needs to be done.

H)Constructions that modify the urban image or architectural aspect and infringe the Law, the Deed or the Regulations.

I)Condo owners can not build or make repairs in common areas or in areas of common property, except in case of emergency, when the Administrator or the Surveillance Committee is absent. In this case, those who built, can apply for a reimbursement, but will be held responsible for the utility and improvements of the construction.

Article 21.- In the case a condo owner builds by himself or through others without a previous authorization ,the Administrator or the Administrative and Surveillance Committee are compelled  to return things to their previous state; and the condo owner will have to cover the expenses made. Furthermore a monetary sanction will have to be paid as to be determined in the General Assembly.

 

Article 22.- The one who infringes on the prohibitions established  for constructions, will be responsible for any damages or prejudices caused, this independent from the sanctions of the Law and other judicial rules that apply. In case the damages respond to common property, the Administrator or the Administrative Committee can promote the necessary legal actions, as provided for in the Regulations.
Article 23.- The condo owner will respond to the infringements, damages and prejudices, caused by him or his workers, family, tenants, guests or any other authorized person occupying the unit.
Chapter V
Construction and services by and of the Administrator or the Administrative Committee
Article 24.- The following has to be observed in construction jobs by the Administrator or the Administrative Committee:

A)Constructions with a cost, none higher than a 5% of the approved budget for that year, will be necessary, this to keep the common property and common areas stable and secure, so the service can function normally and effectively. These constructions will be carried out by the Administrator or the Administrative Committee either directly with the workers of the Condominium or through a third party, with a previous public bidding, selecting the one that best convenes with the interests of the Condominium. In this case the contactor, before starting, will have to obtain; if necessary, the licences required for by the authorities, and present satisfying guaranties to the Administrator or the Administrative Committee that they deem to be necessary, as to fully comply with the obligations obtained. For this type of construction, the conformity of the Surveillance Committee is enough, without the necessity of an agreement of the condo owners in an Assembly.

a)The expenses deriving from this concept will be charged to the section of maintenance expenses

b)When the resources are insufficient or unforeseen construction is needed and a higher than 5% donation of the approved budget for the year is required, the Administrator or the Administrative Committee will convene a General Assembly, where one will come to a corresponding resolution in accordance to the Law, the Codes, the Deed and the Regulations.

B)To start new or indispensable construction work in common areas or modifying ground use, notwithstanding a better aspect or better comfort, not enhancing the value of the Condominium, or constructions that without being necessary do enhance the value; an agreement of the General Assembly is needed, with a minimum of votes that represents a 38% of the total value of the Condominium.

Article 25.- For constructions and services on behalf of the Administrator or the Administrative Committee,  concerning common property and general installations, all the condo owners must cover expenses according to the Law and the Regulations.
Article 26.- The Administrator or the Administrative Committee can, in representation of the condo owners, come to agreements with the competent authorities or specialised companies, to establish a control service of protection and surveillance of the Condominium.

Article 27.- The Administrator or the Administrative Committee and Surveillance Committee, in no case will be responsible for lost objects or valuables or cash that are not deposited in the safe deposit boxes of the Condominium.

Chapter VI
The expenses and common costs for all the condo owners
Article 28.- The following are common costs and expenses, which are mandatory for all the condo owners:

A)The expenses for the administration, surveillance, maintenance, reparation and the upkeep of the common property and common areas, which are deemed to be necessary.

B)The cost for water, electricity, telephone, intercommunications and all costs that are caused by the services and common property.

C)The expenses for taxes, contributions and payments for local and federal right.

D)The cost of furniture and machinery necessary for the proper functioning of the Condominium.

E)The fees of insurance typical for the Condominium covering the common areas and the buildings.

F)The wages and salaries, bonuses and reward of the Administrator or the Administrative and Surveillance Committee and all the service personnel of the Condominium, as the employer contributions to the Social Security and all costs related to contracts with the workers.

G)The compensations and salaries of the operators, companies or professionals who intervene in the settlement of legal or accountable affairs related to the Condominium, including those transferred costs which derive from the performance of the Administrator or any member of the Administrative or Surveillance Committee’s job, being of a judicial or extra judicial nature.

H)The expenses of the office of the Administrator or the Administrative Committee, including the cost for furniture, and the settlement of affairs for the Condominium.

I)The cost for tools and equipment for cleaning and taking care of the common areas of the Condominium.

J)New constructions in the common areas which have been previously authorized by the General Assembly, in accordance to the regulations.

K)The expenses originated by the implementation of valid resolutions, approved by the General Assembly, on affairs of common interest, and which are not contained within the attributions of the Administrator or Administrative Committee, and who will carry out these resolutions, as they are obligated to do.

L)Costs of reconstruction, in the case of complete or partial antiquity of the building, taken into account what is established in the Law, the Code, the Deed, and the Public Deed.

M)In general all the costs of upkeep, maintenance and reparations of the common property and common service and all things related according to the Law and approved as such by the General Assembly.

Chapter VII
The mandatory contributions for all the condo owners
Article 29.- The contributions which have to made by all condo owners are the following:

A)Contributions for maintenance and administration

B)Contributions for daily occupation

C)Contributions for valet parking

D)Contributions for reserve fund

E)Extra-ordinary contributions

Article 30.- The payments of the aforementioned contributions must adhere to the following general dispositions:

A)The amount of the contributions foreseen by the Regulations or approved by the General Assembly, is and obligation that must be paid by the condo owners, and which is not transferable so a contract a condo owner has with a third party to use his unit does not free him from these obligations, therefore they are his responsibility to be paid for one time.

B)In case the condo owner pays by means of a check without funds, this would result in a 20% extra penalty of the total amount, without taking in to account the generated interest due to the delay in payment.

C)In the case of a contract of transferral of power of a unit of exclusive or private property, the transferring condo owner has to apply to the Administrator or the Administrative Committee for a letter of no debt of the corresponding contributions.

D)Debts as a result of a lack of payment of contributions or any other economical obligation will be vouched for by their units of exclusive or private property. The condo owners can obtain a liquidation of pending debts, but this document will only have legal status if besides the Administrator at least on member of the Administrative Committee and the president of the Surveillance Committee signs.

E)Every condo owner is obligated to pay for taxes, contributions and federal, state and municipal rights with regards to their unit, which does not free them from the common contributions and expenses of the Condominium.

F)The General Assembly will establish the amount of the interest, applicable for the debt of contributions that should have been made, as the penalties and their amount in each particular case.

G)The Administrator or the Administrative Committee will not receive partial payments or instalments of the contributions, in the case these payments are received, they first will be used to cover the interest, and the rest to their capital.

H)When a condo owner stops paying his contributions for administration and maintenance for three bi-monthly periods, or a delay of the extra-ordinary contributions of over six months presents itself; the Administrator or the Administrative Committee can sue for the amount in the corresponding tribunal.

I)The Administrator or the Administrative Committee has the obligation to send the condo owner the account of his unit periodically, with the pertinent observations found necessary. In the case that, during the month of December, the Administrator or the Administrative Committee does not receive any comments regarding the account, they will understand that the condo owners agree with it and are obligated to cover the full amount mentioned.

J)A change of  address by any condo owner , with intervenes with a convenient notification of affairs related to his Unit , does not free him form covering the common mandatory contributions nor from the obligations deriving from agreements of the General Assembly or the applicable dispositions

In case that, due to the non fulfilment of his obligations, a legal procedure is started; the condo owner in question will be obligated to cover the expenses deriving from the corresponding trials.
Article 21.- The payment of the contributions for administration and maintenance should attain to the following dispositions:

A)The contributions are based on the annual budget of the Condominium, approved by the General Assembly, where the total of made donations in a period of 365 days, is established. These contributions are mandatory for all condo owners and are applied according to the corresponding INDIVISO.

B)The contributions are payable in a bi-monthly period, with the first ten days, of each bi-monthly period, without a previous notification of payment. The contributions can be covered up front and annually, within the first 15 days of December, in which case and by agreement in the General Assembly, a discount will be given for advance payment. Nevertheless the General Assembly of condo owners can establish a different procedure and period for the contributions, its increase, time limit, and way of charging the condo owners; all this with a simple majority of votes.

C)The contributions will be put in to a fund designated as The Maintenance and Administration Fund, which will be the financial operational base of the Condominium.

D)When a condo owner does not fulfil his contributions of the services for his unit conveniently, and these are covered by the reserves of the Maintenance and Administration Fund or the Reserves of the Condominium, the Administrator or the Administrative Committee have the power to cancel these services, with a previous approval of the Surveillance Committee.

E)When a condo owner owes more than 2 bi-monthly periods of contributions, no services will be provided for the period of time the delay in pay will take. An approval of the Surveillance Committee in writing is also needed in this case.

Article 32.- The payment of the contribution  for daily occupation  has to adhere to the following dispositions:

A)The payment of the contribution for daily occupation is an obligation for all the condo owners, and is established as every night of occupation of a unit, whether by a third party or an operator of the POOL DE OPERADORES DE ADMINISTRACION Y COMMERCIALIZACION DE UNIDADES. The General Assembly of condo owners can establish a different procedure and period for the contributions, its increase, time limit, and way of charging the condo owners; all this with a simple majority of votes.

B)The cost of the contribution will vary depending on the number of people in the unit and is divided in the following manner.

a)Contributions paid by the condo owner or his relatives.

b)Contributions paid by guests of the condo owner.

C)Contributions paid by POOL DE OPERADORES DE ADMINISTRACION Y COMMERCIALIZACION DE UNIDADES.

d)Contributions paid by time sharers.

C)The different cost of the contribution of the daily occupation has as its base the contribution calculated to be paid by the time sharers. This base contribution derives primarily from the cost of service, electricity, water and cleaning an occupied unit has. The condo owners that do not require daily cleaning should notify housekeeping; this does not lower the cost of the contribution.

D)The concepts that lower the contribution are not related to the direct expenses a condo owner has for the provided service, but are considered to be a variable discount, in function of the subsidy each case is given in the General Assembly for each division.

E)The contribution applies to all the different divisions, and is not different within each division, and can vary according to the frequency of occupation of the unit, the frequency being the number of people that simultaneously stay in a unit within a 24 hour period.

F)In the case the unit is occupied by the owner or his guests and exceeds the maximum of 5 people, a corresponding fee of two times the minimum wage of Mexico D.F., has to be paid for each additional person.

G)When the unit is not occupied, or if in the view of the Administrator or the Administrative and Surveillance Committee, cleaning is indispensable, it will be charged to the owner and the cost will be added to the annual contribution for every day that the cleaning was done.

H)Even though the units are rented or leased the condo owner is obliged to cover the contribution. In the case the unit is in charge of an operator of POOL DE OPERADORES DE ADMINISTRACION Y COMMERCIALIZACION DE UNIDADES, this person will be responsible for the contribution with a limit of a week after the first day of occupation.

I)The payment of the contribution by the owner or his guests or timeshares will be done at the end of their stay. In case they gave a voucher as a guarantee, they need to fill it out and renew it on a weekly basis.

J)The condo owner will be responsible for lack of payment of the contribution, and for people who were authorized to use his unit, except in the case of error or omission of the Reception in claiming or guaranteeing the contribution; in which case the responsible one has to settle the amount for the condo owner.

 

Article 33.- The contributions for Parking should adhere to the following dispositions:

a)The payment of the contribution is an obligation for all condo owners who decide to make use of it; Parking is the 24 hours.

b)The cost of the service is the same for all type of vehicle, not exceeding the measures of a Chevrolet Express Van with a seating capacity for eight people, sin access will be denied.

c)The contribution does not include Valet Parking, and it is strictly forbidden to pay the surveillance personnel or any other employee of the Condominium.

d)In case the parking space is full, alternatives spaces will be located without any cost to the owner; in any case the Condominium will not be responsible for any damages to or theft of vehicles.

e)The payment of the contribution will be directly when leaving the Condominium.

f)The condo owner will be responsible for lack of payment of the contribution, and for people who were authorized to use his unit, except in the case of error or omission of the Reception in claiming or guaranteeing the contribution; in which case the responsible one has to settle the amount for the condo owner.

In the case a condo owner wants to use the parking space, he must at his arrival, register the characteristics of his vehicle at the reception, as to provide the corresponding permit to have access to the parking space.
Article 34.- The payment of the contribution for the Reserve Fund needs to adhere to the following dispositions :

A)The payment of the contribution is an obligation for all the condo owners, and its amount is determined annually by the General Assembly and will be used by the Administrator and Administrative Committee to properly carry out the necessary functions for which they were assigned, highlighting the purchase and replacement of machinery.

B)The contribution will be integrated to a Fund which needs to have fluidity the 365 days of the year, since it will only be used to cover emergencies, as normal expenses for which normal contributions would not have been sufficient.

C)The contribution will be in proportion of the contribution for maintenance, and will never be inferior to a 5%.

D)The handling of the contributions in the Reserve Fund is a responsibility of the Administrator or the Administrative Committee, who must give an account to the General Assembly of its use. The Surveillance Committee will see to its proper fulfillment.

E)The use of the contributions can only vary if so decided by a majority vote in the General Assembly.

F)The contributions need to be paid on a bi-monthly basis, within the first ten days of the first month, without previous notification for payment. The contributions can be covered up front and annually, within the first 15 days of December, in which case and by agreement in the General Assembly, a discount will be given for advance payment. Nevertheless the General Assembly of condo owners can establish a different procedure and period for the contributions, its increase, time limit, and way of charging the condo owners; all this with a simple majority of votes.

The contributions of the Reserve Fund, when not used will be put in an investment fund with a minimum risk, keeping the needed fluidity to settle short term obligations. The investment needs to be authorized by the Surveillance Committee.
Article 35.- The payment of the extra-ordinary contributions needs to adhere to the following dispositions:

A)The contribution is established in case that the funds for maintenance and administration or the reserve fund are not sufficient to cover urgent and indispensable expenses for a proper functioning of the Condominium and to avoid major conflicts that could affect the condo owners.

B)The payment of the contribution is an obligation for all the condo owners and is established by a majority vote at the General Assembly, clearly stating in precise language the need for the petition of the contribution. The period of analysis by the General Assembly shall not exceed a 15 day period; therefore they convene an extra-ordinary Assembly to come to a non appeal able resolution.

C)The contribution must be used exclusively for the purposes of its request, and therefore can not be used in any way that differs from its authorization.

The amount and the form of the extra-ordinary contribution will be defined by the General Assembly, taking in to account acquired obligations and previous contribution payments.
Chapter VIII
Labor responsibility
Article 36.- Civil, penile or labor disputes that rise up among the Condominium and condo owners, the service personnel or any other person, should submit , without exception, to the competent tribunal, which because of it jurisdiction corresponds to the Condominium, thus renouncing any other jurisdiction or any other concept that might or could be invoked.
The worker-employee relations between the condo owners and personnel hired to carry out an individual service will only be effective between these 2 parties, and no responsibility will lay with the Condominium, deriving from such a contract.

 

Article 37.- In the case the worker-employee relations is with personnel hired by the Condominium, as a result of an agreement of the General Assembly, they are considered to be relations between the  personnel and all condo owners, and as such the Administrator or the Administrative Committee will not be responsible for any concept, notwithstanding the fact that the latter will act as a common representative for hiring and disputes.
Article 38.- The condo owners are the only ones obligated and responsible to comply with each and every one of the obligations deriving from employer responsibilities as established in the Federal Work Law, the Social Security Law, the National Housing Law for workers and any other disposition, related to the hired personnel by the Administrator or the Administrative Committee ; and their work within the Condominium according to the Federal Work Law in effect.
Article 39.- The only one authorized to give orders to the Condominium’s personnel is the Administrator or the Administrative Committee, being able to delegate their authority to an employee of the Condominium it deems convenient.
General Assemblies
Chapter I
The General Assembly of the condo owners
Article 40.- The General Assembly is the supreme organ of the Condominium, with the faculties that are established according to the Law, and is integrated by all the condo owners to plan, discuss and resolve affairs of common nature, or of the particular interest of any condo owner.
Article 41.- The General Assemblies can be :

A)ordinary

B)extra-ordinary

C) 

Article 42.- The General Assemblies, ordinary or else wise, are held preferably in the Condominium in Acapulco, although the one calling for an Assembly, could decide to hold it elsewhere if this makes it easier for other condo owners to assist and participate, or due to special circumstances that might arise.
The Administrator or the Administrative Committee will always have the Assembly’s records and agenda available and all will be informed, by the necessary means of its resolutions.
Article 43.- Before starting a General Assembly, a list of attendance will be made up of all the condo owners present, including their unit number, the percentage they represent which will be validated by the designated examiners.
It falls to the secretary to draw up a document and pass the corresponding resolutions and treated affairs to the records. This document will be made official by a public notary in the case it is required by the Regulations or the Law, or the General Assembly deems so necessary.
Article 44.- The resolutions of the General Assembly are considered to an obligation for all the  condo owners, except in the case where the General Assembly handles special affairs that due to their importance require a determined number of votes.
Article 45.- Meetings of condo owner can be held to go over affairs or make propositions concerning their property, as long as their decisions don not violate the ones made by the General Assembly, nor if they affect the general order of the administration of the Condominium. In this case the Administrative and Surveillance Committee will take the necessary actions.
Chapter II
The ordinary General Assemblies
Article 46.- The ordinary General Assemblies are held every 6 months and handle the following information:

A)Discussion, approval or modification of the general present budget of the Condominium. Besides the establishment of the contributions which the condo owners have to pay, and determine the way of charging for these contributions. The corresponding projects should be at the disposition of the condo owners with an at least five day anticipation before the Assembly is held.

B)Discuss and approve the information of the financial accounts and the management of the Administrator or the Administrative Committee.

C)Discuss and approve the information of and the management of the Surveillance Committee.

D)Determine the compensation and payment of expenses of the Administrator or the members of the Administrative Committee. In the case of the Surveillance Committee only the expenses are determined.

E)Set the rate that the condo owners have to cover, in accordance with the Regulations.

F)Adopt conductive measures on the affairs of common interest that are not comprised within the attributions conferred to the Administrator or the Administrative Committee.

G)Analyze and approve projects which are presented with anticipation, regarding the Interior Regulations for the use and operation of the common areas and service.

H)Analyze and impose sanctions for the condo owners that violate the Regulations.

I)Handle any other affair that the General Assembly deems necessary, indicating a special quorum in the vote to adopt a special resolution.

Chapter III
The extra-ordinary General Assemblies

Article 47.- The extra –ordinary General Assemblies are held in the case certain affairs require it to be so and the times that are necessary , with a previous edict from the Administrator or the Administrative Committee and the Surveillance Committee and at least a 25% attendance of the condo owners. The following points can be discussed:

A)The dissolution of the Condominium Regime according to what is established in the Law.

B)The modification of the Deed regarding the general destiny of the Condominium, especially the units’ floors, and their relative value and the common property’s value.

C)The Sale of any unit of a condo owner in the terms specified by the Law.

D)To agree on partial or total changes of the Regulations.

E)The authorization of construction work as referred to in the Regulations.

F)The modification of the general destiny of the Condominium. To decide in accordance with the Law about the rebuilding, demolition, partial or total sale of the Condominium, due to ruin or antiquity.

G)Designation of the Administrator or the members of the Administrative and Surveillance Committee, pointing out the amount in guarantee needed to carry out its proper management.

H)The removal of the Administrator and some or all of the members of  the Administrative and Surveillance Committee, indicating the actions to be taken in case they incurred in some kind of infringement.

J)Handle any kind of affair the General Assembly deems necessary indicating a special quorum in the vote to adopt a special resolution.

Chapter IV
The Requirements to call for a General Assembly
Article 48.- The edicts to call for a General Assembly will follow these indications:

A)The General and Extra-ordinary Assemblies are held by means of a notified edict to all the condo owners and their representatives in writing, to their address registered with the Administrator or the Administrative Committee, placing a copy of the edict in the most visible places of the Condominium such as, the in- and outside of the elevators, the reception area, the pool area, the different stores and restaurants of the Condominium.

B)The edict needs to contain the following information:

The mention of the type of assembly held.

The order of the agenda mentioning the affairs to be treated.

The day, time and place set for the meeting

The name of the person calling for the assembly.

C)The corresponding edict will be given to the condo owners with a15 day anticipation before the General Assembly will be held.

Chapter V
The ones that can call for a General Assembly
Article 49.- The following people can call for a General Assembly:

A)The Administrator or the Administrative Committee

B)The Surveillance Committee

C)The condo owners, representing at least 25% of the total condo owners, when they can demonstrate ownership and have no pending in their contributions; and the existence of and edict before a public notary.

D)In the case the Administrator or the Administrative Committee are required to hold a General Assembly and not do so with 5 days; the Surveillance Committee will do so, if this Committee also omits to hold one with in 3 following days, the judge of the first tribunal court of Acapulco in the State of Guerrero will do so, complying with what is established in the Regulations.

E)In case of extreme urgency, a General Assembly will be held depending on the circumstances, although being subjected to the dispositions of the Law and the Regulations.

F)Depending on the importance of the affairs to be treated in the General Assembly, the Administrator or the Administrative Committee or at least a 25% of the condo owners, can ask for the presence of a public notary.

 

 

Chapter VI
The requirements to have the right to assist to and vote at the General Assembly
Article 50.- The condo owner who are registered in the list of the Administrator or the Administrative Committee, can attend.
To be registered in the list the condo owner has to present:

A)In case the person is an owner of the unit or commercial site and a property document guarteens this as such in a convincing manner.

B)In case of fiduciaries and guaranteed as such in the Trusteeship. The right to assist and vote lays with the Trusteeship, which can assign the voting power in favor of those interested or a third party, by means of a written application, with in a time limit of 10 days, before the day the General Assembly will be held, if not doing so, or receiving instructions indicating otherwise the fiduciary himself can vote freely, without later claims to the contrary.

Article 51.- The condo owners can be represented by third parties who can prove a register of such, as in a letter; providing signature and identification of the condo owner in question.
Article 52.- In the case a condo owner’s vote is suspended, he maintains the right to be heard. A previous notification of the suspension will give the interested party the right to manifest what lies in his interest. Suspension can occur due to the following:

A)Lack of payment of the bi-monthly contributions for maintenance and administration or the Reserve Fund.

B)The lack of payment of two or more extra-ordinary contributions within the scheduled time limit.

C)In case of lack of payment for the daily occupation contribution, parking, or any other contribution established in the General Assembly.

D)In case of a judicial sentence or administrative decision, clearly executed, condoning the condo owner to pay for damages in favor of the Condominium, and this has not been covered.  In this case the condo owners will not be considered for the quorum in the instalment of the General Assembly.

Article 53.- The condo owner that are not on time for the appointed hour, are considered to be absent in the decisions made at the Assembly, and therefore can not refute these decisions, but maintain the right to participate in the agreements form the time of their arrival.
Article 54.- Each condo owner has one vote for his unit, except in the case the Regulations, the Law or the Public Deed, indicate a vote in relation to the value of the Condominium, in which case the number of votes equals the percentage of the  INDIVISO within the total value of the Condominium.
Article 55.- In case of co-ownership of a unit, the right to vote will fall to a common representative, who is authorized to vote on behalf of  the other co-owners.

 

Chapter VII
The legality of the installing the Assemblies
Article 56.- The General Assembly is considered to be legal, in virtue of its first edict, and with and attendance of  at least a 75% percentage part of condo owners of the total vote.
Article 57.- When the General Assembly is held due to its second edict and having the assistance of the simple majority of the total vote of the Condominium.
Article 58.- When the General Assembly is held due to its third edict and with the condo owners that assist with no regards to the percentage of the total vote of the Condominium.
Article 59.-  To hold a General Assembly, it is necessary that the time between the first edict and the date of the meeting does not exceed a  15 day period.
Article 60.- In case of the second edict the time between edict and meeting should be that of at least one day.
Article 61.- In case of the third edict the time between edict and meeting should be that of at least 12 hours.
Article 62.- In an Assembly the dates to hold the next Assemblies can be set, being for the first, second, or third edict, in such a manner that the condo owners have the adequate knowledge of the meetings as established in the Law.
Article 63.- The General Assembly will be presided by the person who called for it, and on the contrary a person designed by the General Assembly. The General Assembly will have a secretary and the necessary examiners.
Chapter VIII
The way to vote in the General Assemblies and the counting of votes
Article 64.- The voting can be direct and nominal or based on economy. In neither case the Administrator or the members of the Administrative or Surveillance Committee can represent a condo owner.
Article 65.- In all cases the examiners will do the vote counting, making a note of it in the corresponding register.
Chapter IX
The validity of the resolutions of the General Assemblies
Article 66.- The resolutions of the General Assemblies will be an obligation for all the condo owners present, and those absent; even for those with a different opinion, taking into account Article 3 of the Regulations.
Article 67.- For the adopted resolutions to be valid in the Extra-ordinary General Assembly and mandatory for all condo owners; the following quorum is needed for the affairs as pointed out in Article 46 of the Regulations:

 

 

A)According to clause A) of Article 46; the decisions made, must have a minimum vote that represents 38% of the value of the Condominium.

B)That the agreements of the affairs of the clauses B),C),D),E),F),G) and H) of Article 46, as other affairs requiring the agreement of the General Assembly, are taken by a simple voting majority of the condo owners present.

C)That the agreements of clause I) of the Article 46 are taken in accordance with the Law and the Regulations.

Article 68.- The resolutions of the General Assemblies will be an obligation for all the condo owners present, and those absent; even for those with a different opinion, taking into account Article 3 of the Regulations.
Article 69.- For the adopted resolutions to be valid in the Extra-ordinary General Assembly and mandatory for all condo owners; the following quorum is needed for the affairs as pointed out in Article 47 of the Regulations:

A)According to clause A), B), F) and G) of Article 47, are taken by a minimum vote that represents 75% of the value of the Condominium.

B)That the agreement referring to the modification of the Regulations, mentioned in clause D) of Article 47 is taken with a minimum vote that represents 51% of the total value of the Condominium or a simple majority vote of the condo owners.

C)That the agreements of the clauses C), E), G), H), and I) of Article 47, are taken minimum vote that represents 38% of the value of the Condominium.

D)That all the other agreements are taken by a simple majority of votes of the condo owners present.

E)That the agreements of clause I) of the Article 47 are taken in accordance with the Law and the Regulations.

The Administrator or the Administrative Committee
Chapter I
The administration of the Condominium
Article 70.- The condominium will be managed by the person designed for this by the General Assembly, as is established in the Law , the Deed , the Codes and the Regulations. In case one decides the Condominium will be managed by a committee, it should be integrated exclusively by condo owners, chosen freely by the General Assembly. To be part of the committee, one must register no pending contributions for maintenance, administration, the reserve and extra-ordinary fund as to have renowned moral fiber. The Administrative Committee will be formed by 5 condo owners who in an internal private meeting name a president, a secretary and 3 council members. In any case the number of members will always be uneven. A minority representing at least a 25% of the total value of the Condominium will have the right to designate a member to the Committee. In this case this person needs to have the approval of a 38% of the vote of the General Assembly.

 

 

Article 71.- The functions each member carries out will be established and assigned by the own Committee members and can be modified according to the circumstances. To optimize the working of the Committee, and without losing continuity, at least 2 members will be changed annually and by agreement of the General Assembly. In no case can the members remain for more than 2 years, but they can be newly assigned in the General Assembly of the following year.
In the case the Administrator is not a condo owner, a contract has to be set up with a time limit of one year, which can be renewed for the same period, with a previous agreement of the General Assembly.
Article 72.- The members of the Administrative Committee, who, for whatever circumstance, stop belonging to the Committee; must be changed in the Extra-ordinary General Assembly, immediately after there absence. The same procedure applies to the case of the Administrator.
Temporary or definite absences or tardiness of the president will be covered by the secretary of the Committee, and in his case by one of the council members.
The compensation of the Administrator or the members of the Administrative Committee will be established by the General Assembly.
Chapter II
Faculties and attributions of the Administrator or
the Administrative Committee
Article 73.- The Administrator or the Administrative Committee will have the following attributions and faculties :

A)Manage the human resources, material, finances and technology of the Condominium as established by the Law, the Codes, the Deed and the Regulations.

B)Elaborate, keep up to date and apply in a proper manner the manuals of systems, methods and procedures concerning the Condominium.

C)Care for and demand from the condo owners the observance of the Law, the Codes, the Deed and the Regulations as all other judicial dispositions. Carry out the necessary actions in case of infringements and promote with a previous agreement of the Surveillance Committee the administrative and judicial procedures against the condo owner who violates the Law, the Code, the Deed and the Regulations.

D)Collect the contributions of the condo owners according to the procedures and time limits set up in the General Assembly and the Regulations, with the elaboration of the corresponding receipt.

E)Coordinate the surveillance and the proper caution of the assets of the Condominium as the common property and common areas, and to promote, organize and integrate the development of the community.

F)Carry out necessary constructions to maintain the Condominium in a state of optimum security, stability and conservation so it can function efficiently.

G)Coordinate in an efficient manner, the operation and maintenance of the installations and the general service.

H)Elaborate and revise the strict compliance to the budget of the Condominium, informing the General Assembly in case of deviations, adjustments and transfers. Keeping the books of the Condominium and elaborating the periodical reports of expenses and profits, and attaining as always to the indications of the General Assembly.

I)Represent the condo owners with the participation of the Surveillance Committee in the renting of sites, spaces and installations of common properties which are subjected to leasing, loans or destined to commerce to third parties as is established in the Law, the Codes, the Deed and the Regulations and the corresponding judicial dispositions.

J)Keep and preserve the documents and books related to the Condominium, including the files and agenda of the general Assemblies; which at all times are at the disposition of the condo owners for consultation.

K)Carry a register of the authorized users and the contract they have with the condo owners, checking to adhere to the dispositions of the Law, the Codes, the Deed and the Regulations.

I)Assist and register the participation of the courses given by the municipal authority on the subject of the administration of condominiums.

M)Come to agreements, in representation of the condo owners with the competent authorities and specialised companies to establish the services of control, protection and surveillance in the condominium.

N)Hire and renovate insurance policies of the common areas and all the buildings of the Condominium, and make the needed claims with the insurance companies in the case of a calamity; as to receive and apply the corresponding compensation in such case.

O)To carry and keep the register and list of condo owners up to date, provide information needed referring to the number of votes each one has to participate at the General Assembly.

P)Everything else the Law, the Codes, the Deed and the Regulations or the General Assembly establishes or assigns.

The measures and dispositions the Administrator or the Administrative Committee emits based on the Law, the Codes, the Deed and the Regulations will be mandatory for the condo owners. The General Assembly can, at any time, increase, limit or revoke the faculties of the Administrator or the Administrative Committee.
Article 74.- To guarantee the fulfilment of the obligations of the Administrator or the Administrative Committee together or for each of its separate members; they have to deliver their guarantees in the time and way the General Assembly determines. These guarantees can be cancelled when the General Assembly approves the annual budget or the financial management of the Administrator or the Administrative Committee.
Chapter III
The granting of powers
Article 75.-  The following powers will be granted to the Administrator or the president of the Administrative Committee, or to the person the General Assembly assigns:
I.- The general power for disputes and collection of money and all the general and special faculties according to the Codes which include the following:

A)To try and stop all kinds of procedures including the case of legal protection.

B)To agree to and come to judicial agreements or personal contracts and agreements.

C)To hire personnel on behalf of and in representation of the condo owners.

D)To pledge to be free and autonomous.

E)To object.

F)To collect payments and contributions.

G)To consent to judicial resolutions.

H)To present accusations and complaints of a penile nature and stop them when the Law allows for it.

I)To absolve and articulate positions.

J)To help the state authorities.

K)To appear before the Federal tribunals and courts, on behalf of the Condominium or each individual the condo owner.

L)To fire personnel on behalf of and representing the condo owners, with a previous agreement of the Surveillance committee.

M)To represent the condo owners in affairs of common interest.

N)The Assembly can, at the time needed, increase or limit the faculties of the Administrator or the Administrative Committee.

II.- General powers to give a title of credit in the terms of the General Law of Title and Credit Operations, with a previous agreement in writing of the Surveillance Committee, as to open, manage and cancel the bank accounts of the Condominium, write checks and other bank related operations.
III.- General powers for the administration, with regards to the common property and common areas of the Condominium as established by the Law, and the present Codes.
IV.- Faculties to give special powers and to revoke them, whenever these have not been assigned by the General Assembly. This power calls for the written consent of at least 2 members of the Administrative Committee.
The powers mentioned are exclusively granted by the General Assembly, which is authorized to revoke or confirm them.
Chapter IV
Cases in which one stops to be the Administrator or stops belonging to the Administrative Committee

Article 76.- The causes of removal for the Administrator or the members of the  Administrative Committee :

A)By decision of the General Assembly.

B)When the Administrator or the Administrative Committee, or its individual members, do not fulfil without a just cause, the resolutions or agreements of the General Assembly.

C)When the Administrator or the Administrative Committee, or its individual members in repeated occasions disregard the fulfilment of their faculties and attributions.

D)When the Administrator or the Administrative Committee, or its individual members, commit proven illegal acts that affect the Condominium as specified by the Law and the present Codes.

E)When the Administrator or the Administrative Committee, or its individual members neglect their obligations as pointed out in the Law, the Codes, the Deed and the Regulations.

Article 77.- The actions to be taken in case of removal, due to infringements of the Administrator or the member of the Administrative Committee :

A)An extra-ordinary General Assembly will be held, where the handing over of the administration is demanded, with a previous exposition of the motives, proof and facts concerning the illegal acts and indicating the actions to be taken form here on.

B)After completion of what is specified in the previous paragraph, the General Assembly, through the Surveillance Committee by means of its president will notify, in writing, the Administrator or the Administrative Committee, or its individual member of the taken resolution, registering in the document the facts on which their removal is based.

C)When the Administrator or the Administrative Committee, or its individual members, have received the notification as referred to in the previous paragraph, they will have 5 days, counting from the day they received the document, to manifest their rights before a Public Notary and to the president of the Surveillance Committee.

D)Having voiced their rights, the Administrator or the Administrative Committee, or its individual members will be obligated to hand over the administration to the designated person or people; this handing over should be subjected to the Law and the Regulations, independently from the civil, labor and legal actions that the case merits.

E)The General Assembly determines the removal of the Administrator or the Administrative Committee, or its individual members, and assigns the people who substitute establishing the handing over according to the Law and the Regulations.

Article 78.- At the moment the Administrator or the Administrative Committee, or its individual members quit there position, they renounce the powers they were granted before the Public Notary, where they were given these powers.

Article 79.- The Administrator or the Administrative Committee, or its individual members that occupy the new position are together responsible for the acts of their predecessor if this one would have made infringements and not informing the General Assembly or the Surveillance Committee within the following 30 days. Therefore the new Administrator or Administrative Committee can ask for an investigation of the management of the removed people and promote, according to the case, the corresponding legal actions.

Chapter V
The way of surrendering the administration

Article 80.- When the General Assembly  assigns a new Administrator or Administrative Committee or one of its individual members, the handing over should occur within a time limit of  7 days, starting from the day of election, which includes all the documents, information and assets.

If necessary the handing over will be made official with a Public Notary and the participation of the Surveillance Committee, which will establish corresponding measures, to avoid the presence of those removed from their position, in the administration’s offices.
The following documents and assets necessary in conceding the administration:

A)Financial accounts of the Condominium of a month previous of the established date, as an up to date and the current financial account of the Condominium.

B)Relations and bank accounts of the Condominium with out disputes.

C)The checks of the bank accounts of the Condominium with their current balance.

D)The original contract of the maintenance service with third party, or a signed copy.

E)The original of the collective work contract that indicates the workers-employee relations and the syndicated personnel that offers their service in the Condominium and was signed by the Administrator or the Administrative Committee.

F)The original individual work contracts of the trusted personnel that offers their service in the Condominium and was signed by the Administrator or the Administrative Committee.

G)Detailed information of the state of collective labor trial or individual trials in means of resolution and the copies and disputes indicating the amount of dispute in question.

H)The archives and files of correspondence with the condo owners and third parties.

The handing over of the administration by the Administrator or the Administrative Committee, or its individual members can not be delayed for any reason. If there were inconformity on the part of the Administrator or the Administrative Committee, or its individual members leaving; they could make their voice heard in front of the Surveillance Committee, but this would not be an excuse to postpone the conceding of the administration.

In case the Administrator or the Administrative Committee, or its individual members were not present at the meeting of the General Assembly concerning their removal and the designation of the new Administrator or the Administrative Committee, or its individual members; the time limit for the handing over will start at the moment of notification of the removal by the president of the Surveillance Committee.
Chapter VI
The drawing up of the inventory

Article 81.- The Administrator or the Administrative Committee in accordance to the person or people assigned to receive the administration will draw up the document of delivery and reception of the inventory.

The maximum time for the elaboration of this document will be 7 calendar days, starting from the delivery and reception of the inventory. In case of neglect on either side the Surveillance Committee will take the necessary measures to

The drawn up document will be made official by means of the Office of Public Notaries and will be non objectionable, and with the judicial consequences that might arise from omissions.

In case the lime limit of 7 days  expires and the inventory has not been completed, the Surveillance Committee will take the necessary measures to complete the inventory in the least time possible and will promote sanctions if need be.

The document of delivery and reception of the inventory should have the following points:

A)The inventory of the common goods and areas.

B)The inventory of materials, machinery, equipment and tools of the operation.

C)The inventory of materials, machinery, equipment and tools of maintenance, service and recreation.

D)The inventory of materials, equipment and furniture of the office.

E)The inventory of the goods which are dedicated to the service of transportation of condo owners.

Chapter VII

The revision and surrendering of accounts

 

Article 82.- The leaving Administrator or Administrative Committee will be obliged to give an explanation of accounts to the General Assembly; from the beginning and to the end of their management. This explanation will be based on the financial accounts and position.

Article 83.- For the revision of the financial accounts and position that are handed over by the leaving Administrator or Administrative Committee, one designates a renowned Office of Public Notaries which will give its resolution within a 15 calendar day time limit, starting from the day of the document of delivery –reception. This resolution will be the basis of any civil or penile action in case anomalies occurred.
The Surveillance Committee
Chapter I
The Surveillance Committee
Article 84.- To achieve an adequate administration a control organ is needed, named the Surveillance Committee, which is designated freely by the General Assembly in accordance to the Law, the Codes, the Deed, and the Regulations.
The Committee must exclusively be integrated by condo owners, who keep their contributions for maintenance, administration, reserve an extra-ordinary fund up to date and don not lack in any payment and posses the correct moral fiber.
The Committee is made up of at least  5 condo owners, who internally and in a private meeting select from among themselves a president, secretary and council members, In any case the number of members must always be uneven.
A minority representing at least 25% of the total value of the Condominium will have the right to assign a member for this Committee. In this case this person must have an approval of at least 38% of the vote at the General Assembly.
Article 85.- The functions each member of the Committee has to carry out. Will be established and assigned by the members themselves, and can be modified depending on the circumstances.
To optimize the working of the Committee, and without losing continuity, at least 2 members will be changed annually and by agreement of the General Assembly. In no case can the members remain for more than 2 years, but they can be newly assigned in the General Assembly of the following year.
Article 86.- The management of the Committee member is on a pro bono basis, nevertheless, the General Assembly could come to an agreement on a contribution it deems convenient in recognition of the labor carried out in the name of the condo owners.
Article 87.- The expenses made by the members of the Committee during their labor, will be reimbursed by the Condominium as part of the corresponding fund, with previous agreement of the General Assembly, when the importance of the transactions demands so. In this case the expenses must carry the necessary proof.

 

Article 88.- The members of the Committee, that for whatever reason are no longer part of it, must be substituted; this through an agreement taken at a Extra-ordinary General Assembly, immediately after their absence.
Temporary or definite absences or tardiness of the president will be covered by the secretary of the Committee, and in his case by one of the council members.
Chapter II
The faculties and attributions of the Surveillance Committee
Article 89.- The Surveillance Committee will have the following faculties and attributions:

A)Check that the Administrator or the Administrative Committee, or each individual member, comply with their designated task as is established in the agreements of the General Assembly and the Regulations.

B)Agree on and approve of the construction work as referred to in Article 35 clause 1 of the Law, this when the total value of the construction does not exceed a 2% of the total authorized budget.

C)Verify that the Administrator or the Administrative Committee, establish adequate bases for the internal program of civil protection, as the agreement of and the continuity of the Civil Protection and Public Safety Committees.

D)Supervise the Deed, the conservation, inversion and handling of the funds of the Condominium and verify that the Reserve Fund maintain its level, as the purchase of materials and reposition of tools and machinery this fund is destined for.

E)Inform the General Assembly, on its observations of the management of the Condominium’s administration.

F)Inform the General Assembly about the infringements of the Administrator or the Administrative Committee or any of its individual members, as about the condo owners with pending contributions or debts.

G)Cooperate with the Administrator or the Administrative Committee or any of its individual members, if they ask so; to make observations to the condo owners about their obligations and omissions.

H)Present a written report of activities to the General Assembly and suggest the application of corrective actions and or sanctions, in those cases where infringements occur on the part of the Administrator or the Administrative Committee or any of its individual members.

I)Discuss with the Administrator or the Administrative Committee about the progress and problems that present themselves due to the carrying out of the programs that were approved at the General Assemblies.

J)Verify and render a decision on the explanation of accounts that the Administrator or the Administrative Committee has to give at the General Assembly. With this in mind an accounting office with professional examiners can be hired, whose wages will be paid for by the Condominium.

K)Assist to and register the participation to the courses that the Municipal Authority provides in the subject of the administration of condominiums.

L)Ask for the presence of a Public Notary when necessary.

M)Call for a General Assembly, on behalf of the condo owners, or in omission of the Administrator or the Administrative Committee, 3 days after the petition of the condo owners.

N)Everything else as established by the Law, the Codes, the Deed and the Regulations or as assigned by the General Assembly.

 

Chapter III
The attributions of the president of the Surveillance Committee
Article 90.- The following are the attributions of the president of the Surveillance Committee:

A)Preside over the reunions of the Committee, having the decisive vote in case of a tie.

B)Call for meetings of the Committee and any time, to comply with the corresponding affairs.

C)All others matters that deal with the Committee as established by the Law, the Codes, the Deed and the Regulations or as assigned by the General Assembly.             

Chapter IV
The cases in which one stops belonging to the Surveillance Committee
Article 91.- In the case any of the member of the Surveillance Committee leaves its position, due to quitting, finishing their natural period, death or any other reason that does not imply violating the Law, the Codes, the Deed and the Regulations, the General Assembly in an extra-ordinary session will assign the person who will substitute.
Article 92.- The causes for removal of any of the members of the Surveillance Committee are the following:

  1. If so determined by the General Assembly.
  2. When the Surveillance Committee, or any of its individual members do not fulfil, without just cause, the resolutions and agreements of the General Assembly.
  3. When the Surveillance Committee, or any of its individual members repeatedly make omissions in carrying out their faculties and attributions.
  4. When the Surveillance Committee, or any of its individual members commit proven infringements as specified by and in the current Law and Codes.
  5. When the Surveillance Committee, or any of its individual members in general do not fulfill their obligations as pointed out by the Law, the Codes, the Deed and the Regulations.

Article 93.- The actions to be taken in case of removal by violation by  Surveillance Committee, or any of its individual members; are the following:

A)An extra-ordinary General Assembly will be held, where they will be informed of their destitution, with a previous presentation of the motives and proof of the illicit acts, and the actions to be taken against them.

B)After paragraph “a “ the General Assembly through the Administrator or the Administrative Committee and their president, will notify the Surveillance Committee or any of its individual members in writing of the taken resolution. This document will have the facts and the reasons for their removal.

C)After receiving this notification the Surveillance Committee or any of its individual members, will have a 5 day period, starting from the day of reception of the document, to voice their rights before a Public Notary, the Administrator or the president of the Administrative Committee.

D)The next step for the Surveillance Committee or any of its individual members will be to surrender their positions to the people assigned for this specific case, which should adhere to what is established in the Law and the Regulations, independent from the civil, labor and penile actions that might follow their management.

E)The General Assembly that determines the removal of the Surveillance Committee or any of its individual members, must assign the people who substitute and promote the actions of reception and surrendering that are in accordance with the Law and the Regulations.

Article 94.- The Surveillance Committee or any of its individual members, that take up the new positions will be collectively responsible for the acts of their predecessors, in these one committed any violation in their position, and do not notify the General Assembly or the Administrator or the Administrative Committee within the following 30 days.
Article 95.- When the General Assembly assign a new Surveillance Committee or individual member, the one leaving must surrender his position within a period of not more that 7 days, starting from the day of election,; this includes the surrendering of all documents and goods corresponding to his old position.
The complementary dispositions
Chapter I
Sanctions
Article 96.- The violations of the condo owners, of what is established in the Regulations, the Deed, the Law and any other dispositions as the agreements of the General Assemblies, will be sanctioned by the competent authority in accordance to the Law, and will be applied independently from other judicial dispositions as will be determined by the General Assembly.
The following criteria will apply to what is mentioned in the previous paragraph:
a) When it is a one time fault which does not affect the security and stability of the Condominium, and does not put the security of the condo owners at risk, the infractor will be given a written warning
.b) In all the other cases of violations of the Law and the Regulations, one attains to the criteria as they are established in the Law
.c) In case the perpetrators had been authorized by the condo owners to enter the Condominium, he will be held responsible for the damages caused by his guests, and is obligated to repair damages, furthermore paying a fine to the equivalent of 20 or 100 days the current minimum wages of Mexico City; depending on the degree and type of infraction, which will be qualified by the Administrator or the Administrative Committee.
d) The sanction will be applied independently from those others violations and dispositions.
e) If the a guests, not being a condo owner, does not fulfill with the dispositions of the Regulations or other approved dispositions of the General Assembly, the Administrator or the Administrative Committee will be authorized to deny him access to the Condominium, even if this is contrary to the wishes of the owner; without causing any case of responsibility on behalf of the Administrator or the Administrative Committee.

Article 97.- The following will be considered to be grave and will be attributed to the condo owners, or authorized guests, independent from the ones committed directly by them  or their relatives, visitors or service personnel:

A)Have the service personnel of the Condominium, stop working, or exercise any influence through formation of groups among them, or foster disobedience as to the indications of the Administrator or the Administrative and Surveillance Committee.

B)Use violence concerning goods and people, being it members of the administration, Surveillance Committee or any other personnel working in the Condominium, even if it is to voice their rights.

C)Block the common areas and areas of passage with any object or material, using unsanitary or toxic substances, or any other way inconvenient for the health of the condo owners.

D)Use the common areas to use drug or other illegal substances.

E)Perform acts in the common areas that can be categorized as those that threaten the moral and customs of others.

F)Offend through work or action any member of the administration, Surveillance Committee or any other person living in Condominium.

G)Mistreat, misuse and destroy the common areas intentionally.

H)All other aspects are indicated by the General Assembly, the Administrator, the Administrative or Surveillance Committee, and those published, with opportunity, on the bulletin boards provided for these cases.

Article 98.- The offences pointed out in the previous paragraphs  will be imposed by means of a fee with the equivalent of  200 or even 500 days of current minimum wages of Mexico City, in accordance with the qualification of the offence by the Administrator or the Administrative Committee and with the approval of the Surveillance Committee.

Chapter II
The abolition or liquidation of the Condominium Regime.

Article 99.-  The Condominium Regime under the Regulations, can become abolished only through the will of the condo owners or by judicial resolution. The voluntary extinction should be agreed upon in an extra-ordinary General Assembly with the minimum attendance of a simple majority of the condo owners and by a simple majority vote representing 75 % of the total value of the Condominium. The abolition of the Condominium Property Regime should be noted in the Public Deed and be registered in the Public Register of Property of the State of Guerrero.

Article 100.- If the choice is made for the total abolition of the Condominium Regime, one has to decide about the sale or the division of areas and the common goods.

Chapter III
The destruction, ruin, antiquity and rebuilding of the Condominium

Article 101.- If the Condominium is totally or partially destroyed, this representing more than  50% of its value, not taken in to account the value of the terrain, with a previous examination of a certified appraiser, and in a extra-ordinary General Assembly with a minimum attendance of the simple majority of the condo owners and by a minimum of votes representing 75% of the total value of the Condominium, come to the following decisions :

A)Rebuilding of the common areas.

B)Sale of the common areas.

C)Total extinction of the regime

 

Article 102.- In case the decision is made for the rebuilding of the Condominium, each condo owner will be obligated to pay the cost for the repairs of their unit as, the cost of the repairs of the common areas in a proportionally manner in accordance to the value represented by  his total or partial repairs.

Article 103.- The condo owner that decide against the rebuilding of their units, have to transfer the rights to their property within a time limit of 6 months. The transferral can be made in favour of the majority, if so decided by the minority of the condo owners, the price will be estimated with an appraisal done by a licensed professional.

Article 104.- In case of ruin or antiquity of the Condominium, a special majority of 51% of the total of the 100% of the votes of the condo owners in the General Assembly, can determine, with a previous report by the competent authorities, about the rebuilding, demolition or sale of the common property or common areas following the established preventions in the previous paragraphs.

Article 105.- If the option for abolition is chosen, one will attain to what is established in the articles 99 and 100 of the current Regulations.

Chapter IV
The Regulations and disputes

Article 106.- The condo owners, proprietors, users and guests in general must respect and fulfil their obligations with respect to the current Regulations as the complementary regulations or instructions as established by the competent authorities, or by agreement of the General Assembly are emitted for a proper operation and maintenance of the Condominium; or those of the Civil Protection Office to keep the people and goods of the Condominium safe and protected.

Article 107.- To reform the Regulations, one attains to what is established in the article 47 clause D) and article 69 clauses B) of the current Regulations.

Article 108.- The Regulations will be attached to the Deed, where the unilateral declaration of  the will for the regime constitution of the condominium property named Las Torres Gemelas of the city of Acapulco of the State of Guerrero is established and registers it at the Public Registry Office of the State of Guerrero.

Article 109.- Everything related to the application, interpretation and execution of the Regulations, will be determined by the General Assembly, if not one will attain to the dispositions in the Law of the State of Guerrero.

Article 110.- In any dispute among condo owners or between owners and the administration of the Condominium related to the application, interpretation and execution of the Regulations one attains to the dispositions of the Law in the State of Guerrero and thus the dispute will be resolved in the corresponding trial.

 

Chapter V
Final Dispositions

Article 111.- Only Mexicans by birth and the legal, constitutional companies can purchase the assets as referred to in the Law. Off the foreigners who have a letter of naturalization, or those Mexican companies with foreigners have to adhere to Article 27 clause 1 of the Political Constitution of the United States of the Foreign Investment Law.

Article 112.- The Administrator or the Administrative and Surveillance Committee  carry out the necessary actions so the condo owners reside in a healthy environment, where respect and tolerance , participation, solidarity and mutual respect rule.

 Additional  Regulations

Article 1.-  All internal disposition made by the condo owners that oppose the Regulations are repealed.

Article 2.- The Regulations are made to comply with to what is established in Article 10 of the Law and Article 4 of these additional regulations.

Article 3. The attachment “A” referring to the Regulations of the operation “POOL DE OPERADORES DE ADMINISTRACION Y COMERCIALIZACION DE UNIDADES” and of those condo owners that rent their unit in the Condominium, is an integral part of these current Regulations and therefore should be taken as such into consideration.

Article 4.- The pending affairs in ways of resolution, will be resolved according to the previous Regulations, except if there is an agreement between the parts.

Article 5.- The Regulations will be put into effect,  starting from the date and day the General Assembly decides to revoke and substitute the previous regulations.