CONDOMINIUM’S AND ADMINISTRATION’S REGULATIONS FOR THE UNIT DENOMINATED LAS TORRES GEMELAS, SITUATED IN THE CITY OF ACAPULCO, STATE OF GUERRERO.
ORDER OF THE CONSTITUCION AND LEGAL DISPOSITIONS
ARTICLE 1.- CONSTITUTION OF THE PROPERTY REGIME AND CONDOMINIUM.
The Las Torres Gemelas Condominium, situated in the City of Acapulco, State of Guerrero, placed on the Fraccionamiento Deportivo Acapulco, Roca Sola Section with an area of 6,478.67 square meters with the measurements and adjacents that are marked on the annexed plan to the Constitutive Deed that consists of two buildings denominated “Torre Norte” and “Torre Sur” and their common assets or areas, was established according to the Public Deed No.- - - dated the consigned to the Notary No. 58, LIC. MARIO D. REYNOSO OBREGON, of México City, D.F. and the inscription in procedure in the Public Property Registry and in the Commercial Registry, in the District of Tabares in the City of Chilpancingo, State of Guerrero and with foundation on Article 951 of the Civil Code for the Free and Sovereign State of Guerrero and Article 2o on the Condominium and Property Regime Law for the State of Guerrero and this Regulations.
ARTICLE 2.- LEGAL DISPOSITIONS.
Besides the legal dispositions quoted in the preceding Article, Articles 942 to 979 of the Civil Code for the free and Sovereign State of Guerrero are also aplicable and Articles 1 to 49 of the Condominium and Property Regime Law for the State of Guerrero as the first transitory Article of the same law.
ARTICLE 3.- The present Regulation is ruled by the legal dispositions invoked in the two preceding Articles and on the Constitutive Deed.
ARTICLE 4.- OBLIGEES FULFILLMENT OF THIS REGULATION.
The obliges are compelled and submitted to fulfill the legal dispositions quoted on the 1st 2nd and 3rd Articles of this Regulation and also the resolutions that proceed from the joint Owners Assembly, the Vigilance Committee and the following persons:
a).- The apartment owners.
b).- Those people whose rights to the use and advantages of the apartment derive from the trust and have full time trustees condition or coproprietor of one the Apartminium whit the limitations that decreed in the present Regulation.
c).- The apartments’ tenants.
d).- People who use, enjoy and possess the apartment under any other title.
e).- The Vigilance Committee.
f).-One or more managers.
g).- Service Personnel.
h).- Commercial localities proprietors or trustees.
i).- People who detain rights on concession areas
ARTICLE 5.- DEFINITION OF THE DENOMINATIONS.
For better under standing of this Regulation and to abbreviate the terms that are used in it, we give the following definitions:
1.- Las Torres Gemelas North and South the
annexes and common areas. CONDOMINIUM
2.- Civil Code for the Free and Sovereign
State of Guerrero. CODE
3.- The Twin Towers Constitutive Deed in
The Condominium and Property Regime. DEED
4.- Law on the Condominium and Property
Regime for the State of Guerrero. LAW
5.- The apartments in the North and South
Towers, land and commercial localities,
That according to the Torres Gemelas
Condominium and Property Regime
Haven’t any limitations for its use and
Advantages except the foreseen in this
Regulations. UNIT
From February 1, 12 midday to February 14,
P.M. fro the Apartminium classified AA;
From February 15, 12 midday to the 28, 4
P.M. of the same month for the Apartminium
Classified AA.
From March 1, 12 midday to the 15, 4 P.M. of
The same month for the Apartminium classified
A; from the 16, 12 midday of that month to March
30 for the Apartminium classified A.
From May 1, 12 midday to the 15, 4 P.M. of the
Same month for the Apartminium classified B;
From the 16, 12 midday to the 30 of the same
Month for the Apartminium classified B.
From June 1, 12 midday to the 15, 4 P.M. of the
Same month for the Apartminium classified C;
From June 16, 12 midday to the 30, 4 P.M. for
The Apartminium classified C.
From July 1, 12 midday to the 15, 4 P.M. of the
Same month for the Apartminium classified B;
From July 16, 12 midday to the 30, 4 P.M. of the
Same month for the Apartminium classified B.
From august 1, 12 midday to the 15, 4 P.M. of
The same month for the Apartminium classified
B; from august 16, 12 midday to the 30, 4 P.M. of
The same month for the Apartminium classified
B.
From September 1, 12 midday to the 15, 4 P.M. of
The same month for the Apartminium classified
B; from the 16 12 midday to the 30, 4 P.M. of the
Same month for the Apartminium classified B.
From October 1, 12 midday to the 15, 4 P.M. of
The same month for the Apartminium classified
C; from October 16, 12 midday to the 30, 4 P.M.
of the same month for the Apartminium classi-
fied C.
From November 1, 12 midday to the 15, 4 P.M. of
The same month for the Apartminium classified B;
From November 16, 12 midday to the 30, 4 P.M. of
The same month for the Apartminium classified B.
From December 1, 12 midday to the 15, 4 P.M. of
The same month for the Apartminium classified
A; from December 16, 12 midday to the 31, 4 P.M.
of the same month for the Apartminium classified
AAA.
January 1, February 2, and the 31st. Of
March, May, July, August and October
are only and exclusybely appointed
for maintenance in the apartaminiums
except in cases when the beneficiary
has a contrat for two intervals in
succession.
10.- The proprietors or Owners of the Apartmi-
niums or commercial localities; the trustees
of an apartment and commercial localities;
the beneficiaries of an Apartminium whose
personal rights lets them use, enjoy and po-
ssess one unit. JOINT OWNER
11.- The persons that are in charge of the admi-
nistration of the Condominium. MANAGER
12.- The service personnel that are in charge of
the assets of the common property or com-
mon areas. SERVICE
13.- The hotel service personnel for the private
and exclusive property assets. HOTEL SERVICE
14.- The part that represents a unit in the total
value of the private property units in the
condominium, these valued at constant
prices and expressed in decimal fractions,
that is, it’s the percentage factor that results
from dividing the total sum of the total va-
lues of all the Condominium’s units by the
value that corresponds to one unit, all this
at constant prices according to Article 11 of
the law. UNDIVIDED
15.- The Twin Towers Condominium and Pro-
perty Regime. REGIME
16.- The present document that contains the Twin
Towers Condominium and Administration
Regulation. REGULATION
17.- The Vigilance Committee that is integrated
by the joint Owners. COMMITTEE
18.- Any Joint Owners and common representa-
tives Assembly of Apartminiums. ASSEMBLY
19.- The persons that represent the coproprietors COMMON
of an apartment or Apartminium. REPRESENTATIVE
20.- The contract by which the condominium
was affected in trust. TRUST
21.- The Credit Institution in whose charge is
founded the execution of the Trust. TRUST
PRIVATE OR EXLCUSIVE ASSETS AND LIMITATIONS FOR ITS USE AND THE COMMON PROPERTY ASSETS OR COMMON AREAS.
ARTICLE 6.- CONDOMINIUM’S DIVISION FORM.
For the effects of this regulation, the Condominium is divided in:
a).- Assets or parts of private or exclusive property, in which each joint Owner will be able to use, enjoy and possess in singular or exclusive form. The proprietors or trustees, in its case.
b).- The common property assets or common areas, will be those that by Lay, by its decreed destination in the Deed, the Code and the Regulation, be considered thus, because they render a service or satisfy necessities of a collective character, and being inseparable from the exclusive or private assets according to the undivided that belongs to them, not being in any case matter of particular use nor possession limits for any of the joint owners or the persons mentioned in the clauses c), d), f), g), and h) in which Article 4 refers to in this regulation.
Necessities of collective type, do not include commercial localities that are reserved for supermarkets or grocery stores or of any other kind, that’s why in no case this type of areas will be considered as an integral part of common property assets or common areas.
ARTICLE 7.- PRIVATE OR EXCLUSIVE PROPERTY ASSETS.
Private or exclusive property assets, are constituted by the condominium’s units, which are destined to the acquisition, trade, use, enjoyment or possession of the joint owners according to what is established by Law, Code, Deed, this Regulation and Trust.
Private or exclusive assets, the units known as commercial localities are considered in the same manner.
ARTICLE 8.- COMMON PROPERTY ASSETS OR COMMON AREAS.
Common property assets or common areas are those that by Law or for its destination decreed in the Code, Deed and this Regulation, are thus considered and necessary for the existence, security, ornament access comfort, collective necessities satisfaction, for recreation or amusement or any such ends.
ARTICLE 9.- COMMON PROPERTY ASSETS OR COMMON AREAS DISCRIPTION.
Common properties are those established by Law, Code, Deed and this Regulation mentioned continually, enunciatively but not limitative, are the following:
a).- Land, basement, porticos, entrance doors, vestibule, galleries, corridors, halls, stairs, patios, gardens, paths, light cubes, elevators, elevator shafts, interior streets, circulation areas, excepting commercial localities and concession areas.
b).- Reception areas, administration areas, the principal entrance, the porter’s lodge and the general and common service installations.
c).- Building, installations, appliances and other objects that are useful for common enjoyment or use, such as: pits well, reservoirs, vats incinerators, gas stoves, motors, sewers, canals, water distribution conducts, heating electric installations, with the only exception of those that serve exclusively to each unit.
d).- Foundations, structures, main walls and general use ceilings.
e).- Any other property assets or the condominium’s common areas, buildings, appliances or installations that the Law, Code, Deed and this Regulation establishes as such.
The common property assets or common areas, can’t be divided nor changed as to its form, construction or use by unanimous agreement in the Joint Owners Assembly when it has been legally installed.
Also in an enunciative, not limitative form as common property assets or the condominium’s common areas that are of common use, the following are mentioned:
1.- Main walls
2.- Mezzanines
3.- Telephone switch
4.- Swimming pools
5.- Portico
6.- General System of Sanitary Installations
7.- Sewers
8.- Paths and Sidewalks
9.- Elevator Shafts
10.- Water Tanks
11.- Equipment for purefying and softening water
12.- Conducts for general installations
13.- Water Opening
In the Common property assets or common areas the following are also included; floores, ceilings between two stories, or section of these, if they are owned by different proprietors, and the walls or partitions that separate them between each other.
Private or exclusive property assets will also be considered, the water tubes, electric installations, drainage, telephone, air conditioning within the private and exclusive property assets, fittings, that will belong exclusively to the unit’s joint owner to whose service are destined, these make them the exceptions that are quoted in graphs of this article.
JOINT OWNER’S ASSETS AN OBLIGATIONS
ARTICLE 10.- The joint owners will use, enjoy and possess their units according to the destination decreed by the Law, Code, Deed, and this Regulation subjected to their respective titles, in a manner that doesn’t cause damage to the other joint owners’ interests, and hinder their use and enjoyment.
Joint owner may rent, transfer, mortgage, or burden in any way and generally perform any act of dominiomon their property or within their trustee’s rights, if and when the operations is done observing the limitations and conditions decreed by Law, Code, Deed, this Regulation and Trust, as the case may be; unless the acquirer of the unit agrees in writing to assume all the past obligations, present and future that the burdened joint owner has contracted, or have like to a special agreement in the concrete case to the satisfaction of the Trustee’s Vigilance Committee’s and the Manager’s rights.
ARTICLE 11.- The joint owner who detains property or trustee’s rights in respect to any unit when they burden them under the copropriety form they should, in any case, extend a deed in which its regulation is evident, in which the form of representation that is adopted will be made clear for effects of the Law, Code, Deed, this Regulation and the common representative, among other obligations, will have to be responsible to collect from the proprietor, his corresponding part, maintenance and administration cuotas, reserve fund, hotel cuota, trustee’s fees, and whatever else is established according to the Law Code, Deed, this Regulation and Trust, in its case.
ARTICLE 12.- The Manager, in representation of the owner, will carry out the case’s action in respect to the acts celebrated for violation of the Law to what is decreed in the preceding article.
ARTICLE 13.- In not any form will be acknowledged the Apartminium concept to the coproprieties that exist or will exist, except those that under the form of Apartminium were consigned in the constitution Deed in the condominium’s Regime.
ARTICLE 14.- The joint owner will be able to enjoy, use, and possess the common property assets or common areas, according to the nature of these and normal destiny, without restraining or make the other’s rights more troublesome.
According to what is disposed by Articles 15 and 16 of the Law, the rights of each joint owner common property assets or common areas, are inseparable from his individual property assets or common areas, are inseparable from his individual property, they will also continue to be held to the obligations that the Law, Code, Deed this Regulation and Trust imposes, even if they abandon their rights or renounce to use definitive common property rights or common areas.
ARTICLE 15.- The joint owner won’t do or leave undone to people that are named in the clauses a), b), c), d), f) and g) in Article 4 of this Regulation, nothing that can impair the condominium’s good appereance and the morality that should distinguish the conduct of all their occupants. Therefore the people mentioned before and the joint owner should use the units as the common property assets or common areas in an ordered and quiet way according to morality and good breeding.
The units and common property assets or common areas shouldn’t used for other ends than those decreed by Law, Code, Deed, and this Regulation, or do any action, or incur in any omission that consequently may annoy the other occupants or compromise the solidity, security, health, comfort, prestige and the condominium’s good appereance that would obstruct the administrative operation of the same.
To fulfill the ends established in Article 15 of this Regulation, the following prohibitions are established which will have an enunciative and not a limitative character.
I.- In no case can parts of the condominium be burdened or rented and units such as rooms or bedroom, under the sanction to nullify the act.
In this case the manager will take the necessary measures to stop this irregularity, taking legal action independently, as the case requires.
II.- No more than four people, regardless of age, can live in a unit with the exception of those known as penthouses, in which no more six people can inhabit it. Within the units designated as commercial localities, nobody can live in them.
III.- To bring animal of any race, into the condominium or the units.
IV.- To use halls, corridors, ramps, light cubes, circulation areas, stairs, elevators or any other common property assets or common areas for gatherings, skating, ride bycicles, and any other similar noisy or violent games; just like placing flower pots permanently or temporarily, or any other ornament element, or of any other type that hasn’t been approved previously and in writing by the manager or vigilance committee.
V.- Place on the internal or external facades, on the portico and on the exterior walls in general, signs, metal plates, and decorative elements that disarrange aesthetic aspect of the condominium.
The commercial localities may be advertised if they previously and in writing ask the manager and the vigilance committee for their approval, for which they should annex sketches and/or plans of the signs that they pretend to use in the places that for such effects the plans annexed to the Deed foresee.
VI.- To make any publicity for the unit’s rental or burdens, except in the places that have been designated for it by the manager and the vigilance committee.
VII.- To hang clothes or any other object on the balconies or windows or on the assets terraces or parts of the exclusive or private property or on common property assets or common areas.
VIII.- To install or use in their units machines or motors of any kind others than those for the usual services of the home, or provoke annoying noises or smells.
IX.- To cook in any place that isn’t the unit’s kitchen, to use medicines or foul smelling materials that extend out of the unit proper which may bother the other joint owners or occupants.
X.- To consume food or any type of alcoholic or non alcoholic drinks ouside of their units, excepting those that are prepared and served in the special places that are destined for that.
XI.- To use radios or record players in common property assets or common areas.
XII.- To place exterior air conditioning apparatus out of the places specifically designated for such effect, according to the plans annexed to the Deed.
ARTICLE 17.- The joint owners are able to make arrangements in their units, for which they have the right to do so according to the respective title, if and when they don’t alter the destiny of these, and do not affect the structure, installations, façade, circulation spaces, vestibules, and other common property assets or common areas, and do not restrain their use. The joint owners should inform in writing, the manager and the vigilance committee annexing the arrangements plans that they pretend to make so that these may be authorized, if they proceed; in case an agreement doesn’t exist, they will not be authorized.
ARTICLE 18.- The joint owners can’t make repairs of any kind nor arrangements on the common property assets or common areas except in case of emergency when the manager or his representative for any reason are absent; in this circumstance they have to give notice to them as soon as possible. It’s absolutely for the joint owners to:
a) Modify or alter in any way the doors, façade walls, or the decoration, the colour or any other element of these, including windows, balconies and glasses of both.
b) Modify or alter in any form the middle walls that separate privative or exclusive property assets or common areas spaces, to open doors, windows or to pierce the mentioned walls. The joint owners will not be able to lower them, make niches nor modifications of any kind and they only can use them in their normal destiny.
c) To modify, pierce, open holes or alter in any form the structural flags that divide the floors.
d) To place wires for radios, T.V. or any other apparatus inside or outside the condominium, the condominium’s installations for such ends should be used. Installations for private phones and their wires should previously have the manager’s and the vigilance committee’s authorization, the conducts for pointing out that such conducts or places should be indicated to the joint owner by the manager and the maintenance department, the wiring can never be placed on the interior or exterior of the condominium.
e) In case the joint owner does any arrangements, the manager will be compelled, if these were not authorized, to restore everything to its original form, all the expenses that derive from such motive will be paid by the joint owner, who is responsible for this.
ARTICLE 19.- For all the arrangements that are done to the common property assets or common areas the following rules should be observed:
R U L E S
FIRST.- The arrangements that are necessary to maintain the condominium and the common property assets or common areas, in good conditions of security, foundation, and maintenance, so that the services function effectively, will be done my the manager or the people hired for this before beginning working, should obtain the corresponding licenses if required, from the competent authorities of the State of Guerrero; the vigilance committee’s consent is sufficient without being necessary a joint owner’s assembly agreement.
The expenses for these concepts should be charged to the maintenance expense fund, reposition and/or administration; when this is not enough or not foreseen arrangements have to be done, the manager should convoke a joint assembly, so that according to the Law Code, Deed and this Regulation the conductive is resolved.
SECOND.- To make purely voluntary arrangements, that better the aspect or comfort even more and doesn’t raise the condominium’s value, or arrangements that not being necessary do raise it, a unanimous approving joint owner’s vote will be required.
THIRD.- The arrangements that are forbidden are those that can endanger the security, foundation, or that can affect the comfort, and those that hinder the use of a common property asset or common area, even if it’s only to one joint owner, or all those that demerit any unit. In the last two cases if an agreement exists between the affected joint owner and the others, provided the affected one is compensated to his entire satisfaction, these can be done, if and when it doesn’t transgress the Law, Code, Deed and Regulation to what is disposed in them.
ARTICLE 20.- The manager will have master keys that permits him to enter the unit and also the hotel service, and the service, or only in emergency cases or some work that has to be done. The joint owner or the people mentioned in clauses a), b), c) and Article 4 of this Regulation, will leave the keys in the manager’s office, and for this reason they should identify themselves when ask for them.
In the case where the units have two locks, the joint owners that have right on these, are compelled to give the manager a duplicate of extra lock’s key, to which the manager hasn’t a master key.
ARTICLE 21.- OBJECTS AND VALUES DEPOSIT.
The management and/or the manager in absolutely no case at all will be responsible for the loss of objects, values and cash that haven’t been deposited in the safety boxes that the condominium has for such effect.
ARTICLE 22.- OBLIGATORY JOINT OWNER’S COMMON EXPENSES.
Obligatory for all joint owner’s common expenses are those that derive from the date of occupation or, the condominium’s completion, whatever first occurs, are indicated as:
a) Punctual and whole cuota payment corresponding to them for common costs, including the Joint Owners Association cuota.
b) Water service
c) Electricity payment
d) Predial tax payment
e) Local telephone service
f) And others that are caused by common property assets or common areas.
g) Fees that, in its case, correspond to the Trust
h) Materials and utensils costs for cleaning and caring the common property assets or common areas.
i) Worker’s, enterpriser’s and/or professional’s fees that intervene in the step and settlement of the joint owners affairs.
j) The joint owner’s insurance premium, and premium for the joint owner’s eventual civil responsibilities, the coverture that has to be in the contract for the condominium’s insurance will be: fire, flood, earthquake, explosions or any other natural phenomenoms.
The manager has the obligations to put in practice the joint owners assembly’s resolutions for contracting the corresponding insurance.
k) The amount of the administration costs, conservation, operation, maintenance, repairs, and bettering of all kind to the common property assets or common areas.
l) To pay an interest of a monthly 2.5% al least on the sum that the joint owner owes for contribution concepts of common costs, taxes and/or maintenance and reserve fund cuota, without prejudice to the established in Article 40 of the Law and other actions that within the right can be excersiced against him for failing to perform his obligations.
m) Payment that corresponds to his unit for the reserve fund according to the joint owner’s assembly and this Regulations.
n) The change of address of any joint owner and not notifying the manager of this, and consequently not receiving communication on time won’t free any joint owner from the obligatory common costs nor from the obligations that are established in the preceding paragraph
ARTICLE 23.- PRIVATE OR EXCLUSIVE PROPERTY ASSETS HOTEL SERVICE.
The joint owners have to do their own housework in their units in the following form and terms:
a) When they are using their unit, the joint owner or anyone else under any title has to do the housework daily.
b) When the unit is not occupied for more than six natural days, every seventh day the housework has to be done by the condominium’s hotel service, charging the joint owner for the corresponding cost for said service
All joint owners have to comply with this disposition and it’s also obligatory according to articles 125, 127, 129, 130, and 131 in the Sanitary Engeneering Regulation relative to buildings, in the Sanitary Code of the United States of México, and what is disposed by Article 2448 of the Civil Code for the Free and sovereign State of Guerrero and its correlative for the Federal District.
Even if the units are rented, the joint owners are compelled to transact a contract with administration for the hotel service to satisfy the invoked legal dispositions.
ARTICLE 24.- The rights and obligations of each joint owner in relation to the common property assets or common areas, will be based on the percentage factor of his unit, for which based on it will be withing what is disposed in Article 33 clause c) of the Law, referring to their obligations.
ARTICLE 25.- When due to negligence of any of the joint owners or people referred to in Article 4 of this Regulation cause damage to the common property assets or common areas, these will be paid for the (pl.) responsible (s) one. In case the responsable one refuses to pay the damage immediately, when it’s a joint owner, a 2.5% montly interest will be charged on the amount of the debt; when it’s any of the people described in clauses c) and d), if these people refuse to pay immediately what they owe for the damage caused by them, the manager will hold their luggage, as is disposed in Article 2669 of the Civil Code for the Free and Sovereign State of Guerrero and its correlative of the Civil Code for the Federal District.
When the damage is caused by the manager or the hotel service, the following should be observed:
1.- If the manager caused the damage, the vigilance committee is authorized to discount from the remuneration or fees, the value of the damage.
2.- If the service or the hotel service is responsible for the damage, the manager is authorized to discount from the (pl.) responsible (s) one’s remuneration the value of the caused damage.
In the above mentioned cases this will be within what is disposed in Article 110 Fraction I in the Federal Labor Law.
ARTICLE 26.- TAXES, RIGHTS AND OTHER PAYMENTS.
Each joint owner is compelled to pay taxes and federal rights, state and/or municipal, corresponding to his unit, the payment of the electricity consumed in it, if the same has a private meter, as well, this does not exclude the joint owner to contribute to the condominium’s common costs for such concepts.
ARTICLE 27.- Besides other obligations that the joint owners have according to this Regulations, they have to comply with the following obligations.
a) When any of the joint owners lets a third party use his unit under any title, she should notify the manager in writing with a minimum of five working days before the occupation date begins. Any charge of a fiscal type due to the operation for which a third party was allowed to use the unity, will be paid by the joint owner exclusively.
b) To notify the manager or his representative immediately of any circumstance or fact that may affect the unit’s common property assets or common areas.
c) To comply exactly, faithful and punctually with all the dispositions contained in Law, Code, Deed and this Regulation, giving notice to the manager about any irregularity or violation of the same ones.
d) To let the manager or anyone authorized for it, during working days or time, to inspect the unit to establish if the joint owner complies with what is disposed by the Law, Code, Deed and this Regulation, and to check how the maintenance is kept in it.
e) To assist to the joint owners assemblies personally or a representative duly authorized for it, or in faculty; the faculties or authorizations will be given by a simple letter of power drawn in front of two witnesses.
If the joint owner doesn’t carry out the obligations consigned in articles 22, 23, 24, 25, 26 and 27 of this Regulation, he consequently will be creditor to the following sanctions:
1.- He will not be able to use his unit, for which the manager will take the necessary measures that he esteems convenient, callin the public force for help, if necessary.
2.- He will be forced to burden his unit or to resign to all the rights he may have on it according to what the joint owners assembly resolves, taking into consideration what is disposed in Article 43 of the Law.
The joint owners are obliged to contribute to the common property assets or common areas expence fund and to the reserve fund being an undivided obligations for each one of them to do it, relative to the percentage factor that corresponds to his unit according to what is established by the Deed.
Al so, the joint owners should cover their corresponding hotel cuota rates, for the services rendered to their units according to Article 23 of this Regulation.
ARTICLE 30.- JOINT OWNERS PAYMENT FOR DELAYED DEBTS.
When a case to liquidate debts for cuotas arises, which the joint owners are obliged to pay and have not done so, the tardy joint owners will pay moratory interests according to what is established in clause 1) Article 22 of this Regulation.
Independently of what is made known in the preceding paragraph, the tardy joint owner will have to pay a fine or a conventional penalty, that will be the payment of the amount that results equivalent.
The monthly maintenance expenses and the corresponding cuota for the reserve fund will be collected every trimester and advance, for such effect the manager will send a written notice to the joint owner from thirty to forty five days before the next trimester begins, and it will have to be paid on time.
When the joint owner has not paid two trimesters consecutively and refuses to cover this debt, it’s optional to carry out what is established in article 25 of this Regulation the proceeding that is referred to in Article 43 of the Law, if and when the joint owners assembly determines so.
In cases that the preceding paragraph refers to, the manager will distribute the amount of the debt among the other joint owners in proportion to the percentage factor of each one of them until the debt is collected. When the debt has been collected, the manager will reimburse the affected joint owners the amount they have contributed.
In case a joint owner is notified in terms of the preceding paragraph and will not cover the corresponding payment, he will be sactioned with the following:
a) To pay a 2.5% monthly interest on the requested amount.
b) What is decreed in Article 25 of this Regulation will be applied.
The moratory interests and the conventional penalty that has been collected will be destined to the condominium’s common fund patrimony.
ARTICLE 31.- The debates that arise among the joint owners relative to their conduct within the condominium or their respective unit, should be submitted to the arbitration proceedings foreseen in the Third Chapter, Title II in Articles 57 to 65 of this Regulation.
ARTICLE 32.- LABOR RESPONSIBILITY.
In respect to the personnel that is hired to render services in the condominium taking in consideration the assembly’s agreement for its case, the labor patronal relations will be of said personnel considering the joint owners incorporated in it; by such acting power the manager will not have any responsibility for this concept, even though the manager acts as the common representative for the contracting and conflictive cases.
The joint owners will be responsible and the only obliges to perform all and each one of the obligations derived from the patron’s charge in terms of the Federal Labor Law, the National Fund Institute for the Laborer’s Lodgings, and of any other disposition applicable related to the contracted personnel by the manager in his name and representation, for performing the necessary works for the common property assets or common areas and for the private or exclusive assets of the condominium, according to what is disposed in Article 12, 14 and 17 of the Federal Labor Law in vigour.
In regard to the orders given to the personnel that serves the condominium, the only one authorized for it will be the Manager, being able to delegate his authority, the joint owners should absolutely abstain in is sense.
ASSEMBLIES, JOINT OWNERS ASSEMBLY, VIGILANCE COMMITTEE, AND THE MANAGER, ATRIBUTIONS AND FACULTIES, REMOVAL FORMS.
ARTICLE 33.- CONDOMINIUM’S SUPREME ORGAN.
The joint owners assembly is the condominium’s organ.
There will be two kinds of assemblies:
a) ORDINARIES
b) ESTRAORDINARIES
ARTICLE 35.- ORDINARY ASEMBLIES.
The ordinary assemblies will be held at least once a year within the four following months after the closing of the exercise that was dealt, besides they will deal with the affairs in the order of the day, the following:
I.- Discuss, approve or modify the condominium’s budgot and the reserve fund budget for the exercise, to notify the ordinary and extraordinary cuotas that the joint owners have to pay, project the Manager will elaborate.
II.- To approve the information, financial state, and the Manager’s efforts.
III.- To approve the information and the Vigilance Committee’s remuneration.
V.- To deal with any other affair that in Law or this Regulation is not included, a special quorum decreed in the voting to adopt its solid resolution.
ARTICLE 36.- EXTRAORDINARY ASSEMBLIES.
Extraordinary assemblies will be held as many times as it’s necessary, and will be discussed in them the following affairs:
I.- The Regime’s dissolution according to what is decreed in the 9th Article of the Law.
II.- To modify the Deed in the condominium’s general destination matters, or a special one for each floor or unity, or the value relative to these and the common property assets.
III.- To resolve the modification of the present Regulation.
IV.- To treat the authorization to carry out the works referred to in the Second Rule Article 19 of this Regulation.
V.- A sale agreement for any of the units in the terms that Article 43 of the Law decrees.
VI.- The Manager’s and the Vigilance Committee’s appointment, notifying the amount of the guarantee that they should declare to sanction their management.
VII.- The Manager’s removal or any of the Vigilance Committee’s members, naming the actions that ought to be taken them in any case of irresponsibility.
VIII.- Other affairs that require a voting special quorum so that the agreements are applied with validity agreeing with what is decreed by Law and this Regulation.
ARTICLE 37.- THE ASSEMBLIES RESOLUTION’S VALIDITY.
For considering the assemblies’ resolutions valid, therefore compelling the joint owners even the absent or dissidents, the following will be required:
a) That the agreements on the affairs shown in fractions I, II, III, and IV of the preceding Article be taken unanimously from the joint owners votes, being in any case, to what is decreed in Article 36 of the Law.
b) That the agreements on the affairs shown in fraction V of the preceding Article taken on a 75% of the votes and the joint owners.
c) That the agreements on the affairs shown in fractions VI and VII of the preceding article be taken by the majority of the joint owners.
d) That the agreements on the affairs shown in fraction VIII of the preceding article be taken by conformity with what the Law and this Regulation predisposes.
e) The rest of the agreements will be valid when they are taken from the simple majority of the votes of the joint owners present
When only one joint owner represents 50% or more of the votes, it will be required 50% of the remaining votes besides so the resolutions taken can be valid; in case of discrepancy between the majority joint owners and the minority joint owners, this will be submitted to arbitration in the foreseen form by the State of Guerrero Civil Proceedings Code.
ARTICLE 38.- THE ASSEMBLIES LEGAL INSTALLATION.
For an assembly to be declare legally installed on the first calling, at least 51% of the people have to assist to represent 51% pf the joint owners votes, and on the second calling it will be legally installed regardless of the number of votes that the people that are present have.
ARTICLE 39.- REQUIREMENTS TO CONVOKE THE ASSEMBLIES CELEBRATION.
The ordinary and extraordinary assemblies will be held by an edict sent to the joint owners to their conventional address registered in the way that this Regulation and Article 34 of the Law foresee, and besides fastening a copy of the same in the selected places for such effect.
The corresponding calling will be sent to the joint owners at least fifteen natural days before the assembly is celebrated, and has to contain the following data:
a) The type of assembly that is going to be held
b) The day, time and place that is fixed for the gathering
c) To express the affairs that will be dealt in the Order of the Day.
The assemblies will be held preferably in Acapulco, Gro. or in Mexico City, D.F. and the Manager will determine the place that corresponds according to the circumstances and the majority of the joint owners residence.
ARTICLE 40.- PEOPLE THAT CAN CONVOKE AS ASSEMBLY.
The people that can convoke an assembly are:
a) The Manager
b) The Vigilance Committee
c) The joint owners that at least represent 25% of the total votes
The calling will be done by the Manager when he thinks it’s pertinent or when asked for by the people named in the preceding clause b) and c).
If the manager doesn’t convoke an assembly when it’s required, within the following 5 natural days he was asked to, the Vigilance Committee will do it by his default, and if the last mentioned doesn’t do it within the following 3 natural days, the competent First Instance Judge of Acapulco, Gro., will do it, certifying that decreed in this Regulations has been complied with.
ARTICLE 41.- REQUIREMENTS TO HAVE THE RIGHT TO ASSIST TO THE ASSEMBLIES.
The joint owners that can assist to the assemblies are those that are found in the registry that the Manager and the Vigilance Committee have to take.
To be inscribed is said registries, the joint owner should present:
a) When it’s a case of apartments or commercial localities proprietors, the corresponding title.
b) When it’s a case of trustees or Apartminium beneficiaries, the certificate extended by the Trust credits such fact.
The joint owners may be represented in the Assemblies by a third party that has a letter of attorney as minimum, which credits such representation.
In the case notified in b) of this clause, the title for the right to assist and vote in the assemblies originally corresponds to the Trust, that will give power in favour to the joint owners or the third parties they name by a written petition at least 5 days before the date of the assembly, with the understanding that if they have not done so, and without any instructions for the same of the voting, may concur to the Fiduciary who will vote by his free will acting always as a good family man without having any responsibility for this.
ARTICLE 42.- THE WAY TO VOTE IN THE ASSEMBLIES AND HOW THE VOTES ARE COMPUTED.
In the assembly each joint owner will have the number of votes that corresponds to him according to his unit’s percentage factor in the condominium’s total value, this is according to his undivided, as is decreed in the Deed.
The resolutions that are adopted in the assemblies will be taken as a voting done in an economic way, when one of those present asks for this voting to be done nominally, then in this case the designated examiners will do the computing, that will be certified in writing, annexing the corresponding proceeding records.
ARTICLE 43.- THE ASSEMBLIES PROCEEDING RECORDS.
The assemblies’ Secretary will compile the proceeding record of these, in which the affairs dealt in them and the adopted resolutions will be certified, and transcribed in the book that is kept for such effect.
The proceeding records will be signed by the Assemblies President and Secretary, annexing a corresponding assistance roll in which the examiner’s signature is certified.
ARTICLE 44.- VIGILANCE COMMITTEE.
To be a member of the Vigilance Committee it’s necessary to be a joint owner.
The joint owners that form part of this, will be selected in the following way:
a) Three for the North Tower
b) Three for the South Tower
c) Two for the units named as commercial localities
d) And one for the low units
The Vigilance Committee will have a President, a Secretary and seven Vocals.
The President, the Secretary and the Vocals that are elected, their commission will last a year, counting from the date of the election, they can be reelected every time that the joint owners assembly so decides.
In case of the President’s absence foreseen in Article 34 of this Regulation, the 1st vocal will take his place provisionally.
ARTICLE 45.- VIGILANCE COMMITTEE’S ATTRIBUTES AND DUTIES.
The vigilance committee integrated by the members referred to in Article 44 of this Regulation will have to following attributes and duties:
a) To certify that the manager complies with the resolutions that arise in the joint owners assembly.
b) To mind if the manager complies with the attributes that are decreed in Article 44 of this Regulation.
c) If it proceeds, to give their consent to carry out the works in the common property assets or common areas, without being necessary to hold a joint owners assembly; if the maximum total amount doesn’t exceed a 5% of the 100% budget for this work.
d) To verify that the reserve fund is always at the same level, as the purchasing and restoring of implements and machinery for which the amounts of this fund is invested.
e) To give the annual ordinary joint owners account of their observations of the condominium’s administration.
f) To inform the Joint Owners Assembly on cases of unfulfillment of the dispositions of the Law, Code, Deed, and this Regulation, as well as about the tardy Joint Owners that are in debt with the condominium, and this should be rendered by the manager.
g) To help the manager if he so desires, to demonstrate the joint owners on their obligations and unfulfillments.
h) To inform the annual joint owners ordinary assembly about the irregularities or faults that the manager has incurred, having to notify him in writing to assist to the relative Assembly, informing him about the irregularities in question.
i) To present in writing a report to the annual Ordinary Joint Owners Assembly.
j) To elaborate every trimester a report in writing about the advances and problems in the accorded programs in the annual ordinary joint owners assembly.
k) The others that derive from the Law, Code, Deed, and this Regulation.
The vigilance committee will be able to convoke an assembly when the manager doesn’t do so withing fifteen working days following the Committee’s requeriment in writing, and with an acknowledgement receipt.
ARTICLE 46.- VIGILANCE COMMITTEE MEMBERS FEES.
The Vigilance Committee members will be remunerated according to the assembly’s agreement on this respect.
ARTICLE 47.- THE FORM TO REMOVE THE VIGILANCE COMMITTEE MEMBER.
The vigilance committee members can be removed, jointly or individually, if they haven’t fulfilled their dutry, and when the extraordinary assembly decides so, and if the agreement is adopted by a minimum of 51% of the joint owners’ total vote.
ARTICLE 48.- VIGILANCE COMMITTEE’S ATRIBUTES.
The Vigilance Committee’s President’s attributes are:
1.- To preside the Vigilance Committee meetings, having a quality vote in case of a draw.
2.- To convoke a Vigilance Committee meeting any time it’s deemed necessary to discuss the affairs within their competence.
3.- To preside the assemblies, when these don’t agree to the contrary.
The Vigilance Committee Secretary’s attributes are:
1.- He will compile and certify the proceedings records that arise in the Committee’s sessions, writing them in the book kept for such effect.
2.- He will proceed and inscribe in the corresponding registries, the conventional joint owners that are named.
3.- He will act as Secretary in the assemblies, unless these agree to the contrary.
The other Vigilance Committee members will be in charge of the commissions that the Committee gives them.
ARTICLE 49.- CONDOMINIUM’S ADMINISTRATION AND THE MANAGER’S FACULTIES.
The condominium will be managed by the physical or moral person that the Assembly chooses, in terms that the Law, Code, Deed and this Regulation has disposed.
Due to this reason the manager is bestowed with the following powers:
1.- General power for disputes and collections with all the general faculties and even the special ones that agreeing with the Law requires power or special clause in the terms of Article 2554 of the Civil Code for the Federal District and its correlative of the Civil Code for the Free and Sovereign State of Guerrero, mentioning enunciatively and not limitatevely among other faculties, the following:
a) To try or desist of all kinds of proceeding including protection.
b) To settle or celebrate judicial agreements and/or agreements and contracts with physical or moral persons.
c) To hire personnel in the joint owner’s name and representation, not considering them as patrons due to such motive.
d) To compromise and articulate positions.
e) To absolve and articulate positions.
f) To recuse.
g) To auction and do assets concessions.
h) To receive payments.
i) To consent judicial resolutions
j) To present denounciations or complains in penal matter and to desist when the law permits it.
k) To help the public ministry
l) To appear before the Labor Department and Social Foresight the settlement and arbitration federal and local juntas in the joint owners name and representation.
m) To discharge personnel in the joint owners name and representation, without a previous agreement with the vigilance committee.
n) To represent the joint owners in affairs of common interests.
2.- General powers for administration activities for the condominium’s common property assets or common areas in terms of the second paragraph in Article 2554 of the Civil Code for the Federal District and its correlative for the Civil Code for the Free and Sovereign State of Guerrero.
3.- Power to give credit titles in terms of Article 9 of Credit Titles and Operations of the General Law, previously agreed with the Vigilance Committee.
4.- Faculties to give general and/or special powers and to annual one and the others.
It will also correspond to the Manager to practice the following faculties and attributes:
I.- To take and watch the condominium’s assets and the common property assets and common areas, and besides, organize, integrate, and promote the community’s development.
II.- To obtain the relative documentationkept in the condominium’s books so the joint owners will be able to consult it at any time.
III.- To mind the installation operations and general services.
IV..- To carry out the condominium’s administration activities.
V.- To carry out the works that are necessary in terms of Article 30 fraction I of the Law, to keep the condominium in good security, stability, and maintenance condition and for the services to function effectively.
VI.- To execute the joint owners assembly’s resolutions unless it designates another person.
VII.- To collect from the joint owners the cuotas corresponding to each one of them, for the maintenance, administration, and reserve funds and hotel service cuota agreeing to the means that are disposed in Article 29 of this Regulation, giving the corresponding receipt.
VIII.- To effect the condominium’s maintenance and administration expenses charging them to the corresponding fund.
IX.- To give annually to each joint owner a knowledgement receipt, and state of accounts that shows:
1.- A detailed relation of expenses effected for whatever exercise charged to the maintenance and administration fund.
2.- A consolidated state that shows the amount given and the cuotas that are pending.
3.- The maintenance and administration fund balance and the ends to which it will be destined in the next exercise, and in its case, the amount and relation of pending debts.
The joint owners will analize in the annual ordinary joint owners’ assembly said
documentation to formulate the observations and objections they consider pertinent, in case they don’t do so it will be considered that they agree.
X.- To convoke assemblies in terms of Article 15 of this Regulation.
XI.- To demand the violator the dispositions of the Law, Code, Deed, and this Regulations with the other joint owners’ representation the fulfillment of this obligations, or to practice the necessary for the responsibility that the violator incurrs.
XII.- To heed the proper fulfillment and obedience to the dispositions of the Law, Code, Deed, and this Regulation.
ARTICLE 50.- IN CASES FOR WHICH THE MANAGER CAN BE REMOVED.
The manager and be removed for the following cases:
a) By the joint owners assembly’s determination when the suppositions in Article 37 are given.
b) When the manager doesn’t fulfill for more than three times the joint owners’ resolutions and/or agreements for an unjustified cause.
c) When he repeatedly neglects the fulfillment of this attributes and faculties.
d) When the manager commits dishonesty and this is duly proved.
e) And generally, the lack of fulfillment to the obligations that the Law, Code, Deed, and this Regulation decrees.
ARTICLE 51.- SOLIDARY RESPONSABILITY.
When the manager occupies this post by resignation or any other cause he will be solidarily responsible for his predecessor’s actions if he would have incurred in irregularities and the present manager has to make them known to the joint owners assembly or the vigilance committee within thirty days after he has known them.
The manager to guaranty the obligations he has contrived for reasons of his commission, has to make them in the form the assembly determines.
The guaranty to which the preceding paragraph refers to can only be cancelled once the joint owners assembly in an extraordinary assembly approves the annual balance if it’s the case and/or the account of the manager’s conduct.
THE FOR TO SURRENDER THE ADMINISTATION
ARTICLE 53.- The form to surrender the administration when the suppositions referred to in Article 36 fraction VII, 45 clauses b) and h) and 48 of this Regulation are given, the manager will proceed to surrender the administration to the person or persons that the joint owners extraordinary assembly would have designated, agreeing with the rules that in the following articles are established.
ARTICLE 54.- JOINED CONDITIONS FOR THE ADMINISTRATION’S SURRENDER.
For the manager to have the possibility to surrender the condominium’s administration the following conditions have to be joined:
FIRST. Agreeing with Article 33 of this Regulation, the joint owners assembly is the condominium’s supreme organ and only this organism has the possibility to remove the manager and then proceed to ask the manager to surrender the administration, the suppositions referred to in Article 34, clause b) 36 fraction VII, 37 clause d) and 50 of this Regulation, ought to have been done.
SECOND. Once the suppositions referred to in the preceding paragraph are fulfilled, the joint owners assembly through the vigilance committee, represented in this specific case by its President, has to notify the manager in writing the resolutions taken by the joint owners assembly, enclosing testimony of the joint owners extraordinary assembly’s protocolization, in which it must also be included the certified fact that were attributed to the manager, and on these his removal are founded according to the foreseen causes in Article 50 clauses a) to e).
THIRD. Once the manager has received the documents mentioned in the preceding article, he will have five working days, counting from the next day that he has received them, for manifesting to the vigilance committee President, what to his rights is convenient, the manifestation that the manager does to this joint owners assembly’s representative must be done before a notary public in the vigilance committee President’s address.
FOURTH. When the manifestation of rights is done, to which is referred to in the immediate preceding paragraph, in the foreseen form, the manager is obliged to surrender the administration to the person or persons that for such effect have been designated, surrender that has to adhere to the basis that are decreed in the following article independently of the civil, penal, labor and commercial actions that consistent with the law he can practice.
FIFTH. At the moment the manager surrenders his administration according to the conditions established in the preceding paragraphs, according to the right decreed in Article 2995 in the Civil Code for the Federal District in vigour and its correlative of the Code, fraction II will also surrender the power that for reasons of his post were granted to him.
ARTICLE 55. THE WAY TO SURRENDER THE ADMINISTRATION.
Fulfilled the conditions the preceding paragraph refers to, the manager will give to the person or persons designated by the joint owners assembly to receive it, the condominium’s administration, according to the following basis:
I.- The condominium’s administration will be surrendered to the person or persons designated to receive it, at zero hour of the day that for such effect has been fixed by common accord by the vigilance committee’s President and the salient manager, which should be done before a notary public in the locality where the condominium is located, this public official has to draw a minute record of proceedings. In case the parties don’t agree as to the administration’s surrender, this should be done fifteen days after the manager receives a written notice.
II.- When the administration is delivered to the person or persons designated for such effect, the manager is obliged to put it (s) in possession of all the condominium’s assets, and also to deliver all the documentation and the condominium’s accounting books, and all the papers concerned to the administration, then, it is indicated in an enunciated but not limitative form, the documents’ relation and the information that the manager should deliver.
a) The condominium’s financial state for the immediate preceding month to the surrender date that is fixed by common accord by the vigilance committee’s President and the salient manager, and also condominium’s financial state to the actual date of the administration’s surrender.
b) The analytic relations and bank account duly reconciled.
c) The condominium’s bank accounts checkbooks and the balance of each one of them.
d) The maintenance services original contracts celebrated with third parties, or an autographed copy of them.
e) The original Labor contract in vigour that rules the labor patron relations between the joint owners and the syndicated personnel, that render their services in the condominium, and that in the proprietors name and representation, trustees, beneficiaries, and holders or personal right and also the part time beneficiaries the manager has signed.
f) The private personnel’s original individual contrasts who render services to the condominium and in which are specified name, post, salary, and antiquity, the same that in name and representation of the joint owners (proprietors, trustees, beneficiaries and holders of personal right and also the joint owners beneficiaries the manager has signed).
g) The original collective labor contract in vigour, that rules the labor patron relations between the joint owners and the syndicated personnel of the private or exclusive assets, according to what is established in Article 23 of this Regulation, and that in name and representation of the proprietors, trustees, beneficiaries, and holders of personal rights, as also the part time beneficiaries that the manager has signed, or the individual labor contracts of the hotel service personnel that has been hired to render the services before mentioned and that the manager has signed in name and representation of the people named before.
h) A detailed report of the collective or individual personnel’s law suits against the Twin Towers conjunt that are in process, also copies of the existent claims, indicating besides the ascending liabilities contingency.
i) The correspondence archives between the joint owners and third parties.
The documents and resorts that are referred to in clauses a) to i) have to be delivered by the manager, on the date that has been fixed in common accord to be delivered to the person or persons designated to receive the administration have fixed, which will be assessed in the notary’s proceeding report to which point I of this articles refers to.
ARTICLE 56.- TO DRAW THE INVENTORY.
The manager jointly with the person or persons designated to receive the administration will draw the process report on the inventory acceptation process reports.
The term that the salient manager and the person or person designated to receive the administration will be of 30 natural days that will not be adjourned and will begin to count from the decreed terms in Article 55 fraction I. In case any of the parties to jointly draw the inventory were negligent, the affected party will ask a Public Accountant of acknowledged prestige to draw the inventories before a Notary Public, and expense originated for this reason will be charged to the negligent party.
To avoid debates and differences in regard to the drawing of the inventories which the second part of the preceding paragraph refers to, the affected party will communicate the negligent party by means of a writ that will be delivered before a Notary Public, and only valid proceeding report of the case will be the one drawn by the affected party, the proceeding report draws afterwards will not have any validity.
If there were any absentees within the term that the first part of the second paragraph of this article, according to the practiced inventory drawing, each one of the parties will absorb a 50% of the absentees, as a conventional punishment, because the inventory drawing lists were closed after the determined term.
In the proceeding report or proceeding reports of the inventory reception, the following points will be made clear:
1.- Balance fund, maintenance, administration, services, as well as the reserve fund.
1.- The condominium’s balance of the debtors balance sheet.
3.- Condominium’s bonds and values balance if there were any.
4.- Physical inventory of each one of the assets, or private property parts exclusive or private, referring to equipment or furnishings.
5.- Assets or common areas physical inventory.
6.- Operation and service equipment physical inventory.
7.- Machine and office equipment physical inventory
8.- Movable assets for the condominium’s transportation service physical inventory.
In the case that points 6, 7, and 8, of this article, are related to, the assets referred to in them were the manager’s property, he will not be obliged to deliver them, if he can prove this an entirely satisfactory way to the person or persons designated to receive the Administration, this will be registered in the notarial proceedings report, to which point 1, of this article refers to.
In the event that the person or persons designated to receive the Administration for the condominium’s required the equipment referred to in points 6, 7 and 8 of this article and these were the Manager’s property, and if the Manager deems it convenient to his interests, he can hire them and/or burden them to his entire discretion to the new Administration, if and when the new Administration obtains authorization in writing from the Joint Owners Assembly or the Vigilance Committee, duly authorized by the last mentioned one, and the salient Manager manifest it within the following fifteen days after he surrendered the Administration, in case the equipment to which 6, 7 and 8 of this article were used by the new Administration with the salient Manager’s clear authorization, the new Administration will pay for a renting concept the amount or percentage that at that moment both parties determine.
ARTICLE 57.- ACCOUNTS RENDITION.
The salient manager is obliged to render accounts to the person or persons designated to receive the Administration, from the beginning of his management until his last day of it, the rendition of accounts will be done on the basis of accountable and financial states that the salient manager yields.
ARTICLE 58.- ACCOUNTS RENDITION REVIEWING.
The salient manager and the person or persons designated to receive the Administration, by common accord will name a Public Accountant of acknowledged prestige domiciled in México City, D.F.
ARTICLE 59.- ACCOUNTS RENDITION PROCEEDING.
The accounts rendition that the salient manager does to the person or persons designated to receive the Administration will adjust to the following proceeding:
1.- The joint owners Assembly, in the respective assembly, in which the manager is removed, has to name a Committee different from the vigilance committee, integrated by three joint owners, two together with the Public Accountant, that is mentioned in the preceding paragraph, will review and present the items that to their judgement should be turned down, adjusted and/or modified, presenting them to the salient manager, for his reviewing, acceptance, non acceptance, and a sturdy of them.
2.- If after presenting the turned down items to the salient manager, adjusted and/or modified, he does not accept them, after having done a previous study of them, the parties will submit to the Federal Consumers Proctorship’s arbitration, that will be unappealable.
If there is a violation to what is established in the first part of this point, the party to whom the violation is imputable, will pay the affected as a conventional punishment concept, according to what is established in Article 1840 of the Civil Code for the Federal District in vigour and its correlative for the Free and Sovereign State of Guerrero.
3.- If by the account rendition result it would emit that both the salient manager and the persons designated to receive the Administration agree to the items adjusted or modified, and from these a favourable balance results for any of the parties, the debtor party is obliged to pay said balance in a term that will not exceed fifteen natural days, subscribing for such effect a promissory note with a 2% monthly moratory interest in case of a delayed payment.
ARBITRATION PROCEEDING
ARTICLE 60.- SUBMISSION TO THE ARBITRATION PROCEEDING.
The people that are mentioned in the 4th Article of this regulation have to submit to the arbitration proceeding decreed in this chapter.
To fulfill the formalities referred to in Article 592 of the Civil Proceeding Code for the State of Guerrero, and its correlative of the Civil Proceeding Code for the Federal District, this regulation will form part of the Deed in which the Unilateral Goodwill Statement is elevated for the Twin Towers Conjunct Property Regime’s Constitution in the City of Acapulco, State of Guerrero, and it will be registered as an annex of this in the corresponding Public Registry.
ARTICLE 62.- DIFFERENCES THAT WILL BE SUBJECTED TO THE ARBITTRATION PROCEEDING.
The differences or affairs that will be subjected to the arbitration proceeding and that continually is pointed out limitatevely, when the affected ones do not agree, are:
1.- The accounts rendition that the physical or moral person in charge of the Administration does.
2.- The cases referred to in clauses a) to e) Article 50 of this Regulation.
3.- Cases referred to in Article 53 and 58 Chapter II, 2nd. Title of this Regulation.
According to what is established in Article 597 in the Civil Proceeding Code for the State of Guerrero, and its correlative Civil Proceeding Code for the Federal District, the Federal Consumers Proctorship is designated as arbitrator.
ARTICLE 64.- ARBITRATION PROCEEDING TERM.
The term carry out the arbitration proceeding and to obtain the award, will be one ninety working days, from the date that the parties notify the arbitrator in writing about their differences.
The designated arbitrator in the preceding article can not be removed from his commission as long as the proceeding lasts.
ARTICLE 65.- ARBITRATION PROCEEDING.
The arbitration proceeding will be subjected to the terms and forms decreed in the Civil Proceeding Code for the State of Guerrero.
The award that emits from the arbitration will be unappeable
The arbitrator has to emit his award within the right, adjusting for such effect, to what is disposed by the Civil Code for the Free and Sovereign State of Guerrero, and the Civil Proceeding Code for the State of Guerrero.
RESERVE FUND
ARTICLE 68.- RESERVE FUND CONSTITUTION.
The reserve fund will be created with the cash contributions the joint owners make, calculating it to the proportion cuotas that corresponds to each one of them and it will never be less to a maintenance trimester, according to what is established in Article 29 of this Regulation, the cuotas refer to maintenance, administration, and conservation of the assets and common areas.
ARTICLE 69.- OBLIGATION TO CONTRIBUTE TO THE RESERVE FUND.
All the joint owners will be obliged to contribute to the reserve fund, the amount will be determined annually by the joint owners assembly and it will help the manager to be able to fulfill and adequately pay attention to their ands, taking into consideration what is disposed in Article 68.
ARTICLE 70.- The reserve fund will be used to cover emergency expences the same as normal expences that haven’t been paid on time with the corresponding cuotas that each joint owner has to pay.
ARTICLE 71.- The manager and the vigilance committee’s president are in charge and are responsible for the reserve fund handling, and have to render accounts of the same, to the ordinary annual joint owners assembly.
ARTICLE 72.- The reserve fund’s finality or finalities will only be able to be changed by the joint owners majority votes resolution.
The reserve fund finalities among others are: the purchasing of machinery implements, to pay common expences when the cuotas are not covered on time and others that the joint owners assembly point out.
ADDRESSES
ARTICLE 73.- The joint owners will designated as their conventional address the one that in writing they give to the manager, and he will give a receipt for it, as is foreseen in Article 34 of the Civil Code for the Free and Sovereign State of Guerrero and the Federal District. Therefore any notice, news or requirement will be valid by a written communication preferably by registered mail with an acknowledgment receipt.
CONDOMINIUM REGIME’S EXTINCTION AND LIQUIDATION.
The condominium’s regime object of this regulation will be extinguished only in the following cases:
I. By a 100% unanimous joint owners agreement in an extraordinary assembly.
II. By the total units that constitutes the condominium passing to be property of one same person, who formally declare his will to put an end to the condominium’s regime.
CONDOMINIUM’S DESTRUCTION, RUIN AND RECONSTRUCTION
If the condominium would be destroyed totally on at least a three quarters proportion of its value, according to a practiced appraisal by competent authorities or a trust institution, a majoriti of 51% of the 100% total of the joint owners votes, in an extraordinary assembly, can determine the reconstruction or land division and the common property assets or common areas that are left or in its case, the sale of it according to the legal dispositions for panning, development or urban tourist regeneration matters.
If the destruction doesn’t reach the resiousness indicated, the resolution referred to in the preceding paragraph, the agreements will be taken from a special majority of 75% from a total of 100% of the joint owners votes in an extraordinary assembly.
If in any of the cases mentioned in the preceding paragraphs, the resolution is in favour of reconstruction, the minority joint owners will be obliged to contribute to it in their corresponding, or aline to their rights, this can be done in favour of the majority if the minority joint owners agree to it.
The price will be the appraisal practiced by a public broker or a banking institution, if in this time minority hasn’t accomplished it. That is disposed in this article and in fraction I, Article 74 can be applied only in case that the total sale of all the units that integrate the condominium and the price totally covered to the transferrers if it’s not so, these and the joint owners should proceed by common accord, in case they don’t come to any a agreement, they should submit to the arbitration in items of the Civil Proceeding Code for the State of Guerrero.
ARTICLE 76.- RUINS OR ANTIQUITY.
In case the condominium’s ruin or antiquity if and when the total of all the units have been sold and its price totally covered, a joint owners majority vote of 51% of a 100% total, will be able to resolve, by a previous competent authorities judgment, the reconstruction or demolition and the division of the common property assets or common areas or in its case the selling according to the means established in the preceding paragraph.
ARTICLE 77.- When this chapter’s dispositions are applied it has to be taken into account what the Law disposes to promote the Mexican Investment and Regulate Foreign Investment, specially to its chapter IV relative to Trust for borders and coasts.
SPECIAL DISPOSITIONS FOR APARTMINIUM’S BENEFICIARIES
ARTICLE 78.- LEGAL DISPOSITIONS FOR APARTMINIUM’S BENEFICIARIES.
The Apartminium’s beneficiaries will be obliged to exercise their rights in the form, terms and conditions that indicated as to the conducent in the present regulation to the joint owners, as well as to what is disposed in Article 939 to 979 of the Code and the Articles of the Law.
ARTICLE 79.- APARTMIMIUM’S BENEFICIARIES RIGHTS AND OBLIGATIONS AND/OR PERSONAL RIGHTS HOLDERS OF THE UNIT DESIGNATED AS APARTMINIUM.
The Apartminium beneficiaries, holders of personal rights on the units designated as Apartminiums, which are private or exclusive property assets will rejoice and enjoy them, according to the destiny that has been indicated and with submission to their respective title in a way that doesn’t impair the other Apartminium beneficiaries interests, nor the joint owner’s, nor the people that referred to in Article 4, clauses c) and d) of this condominium, in the condominium nor to hinders its.
ARTICLE 80.- The Apartminiums beneficiaries will not do or let do the people enumerated in clauses c), d), e), f), and g), article 4th of this Regulation nothing that may damage the condominium’s good appearance and the morality that should distinguished its occupants behaviour. Therefore, the possessors of shared time beneficiaries should use the units designated as Apartminium as well as the condominium’s common property assets or common areas in an ordered and way or congruent to good breeding and morality.
ARTICLE 81.- For the Apartminiums beneficiaries to do all kinds of works in the units designated as Apartminiums beneficiaries, on which they have personal rights according to the respective Title, have to obtain an authorization in writin from all the rest of the Apartminium’s beneficiaries possessors and also holders personal rights on the Apartminium, before beginning them if and when the works will not alter the Apartminium’s destiny, and do not affect the structure, installation, façade, circulation spaces, halls or other assets or common areas. They must not restrain their use, and have their use, and have to give notice in writing of the agreement taken by the Apartminium’s beneficiaries on the unit in question the Manager, annexing the work’s plans that they pretend to do so that he may authorize them, if they proceed, if the manager and the vigilance committee do not agree, the works will not be authorized.
If the agreement to which the preceding paragraph, refers to has to be taken unanimously by all the beneficiaries of any Apartminium in question.
All and each one of the possessors of Apartminium’s beneficiaries have to send a letter to the Manager or his representative pointing out their agreement to carry out the works referred to in the first paragraph, without it, the manager will not authorize the initiation of the works.
ARTICLE 82.- HOTEL SERVICE TO ASSETS OR PRIVATE SECTIONS OF EXCLUSIVE PROPERTY OR PARTICULAR OF THE UNITS DESIGNATED AS APARTMINIUM.
The Apartminium should be cleaned every day because it’s supposed that the unit designated as Apartminium will be unhabited during 24 occupations intervals.
Even when one or more of the Apartminium’s beneficiaries does not occupy the Apartminium during his corresponding interval, he will be obliged to contribute in proportion to the occupation intervals which he owns for the payment that all the Apartminium’s beneficiaries have to do for the Apartminium’s Hotel Service.
The Apartminiums beneficiaries will be obliged to fulfill that the second, third and fourth paragraphs in Article 23 of this Regulation disposes as well.
ARTICLE 83.- APARTMINIUMS BENEFICIARIES COMMON REPRESENTATIVE AND OTHER OBLIGATIONS.
To fulfill the obligations consigned in this Regulation in charge of the joint owners, particulary to concur to the assemblies, the Apartminium’s beneficiaries that are holders of personal rights on the unit designated as Apartminium will have to nominate a common representative that will be:
1.- The Apartminium’s beneficiary who has the greatest number of occupation intervals.
2.- If the preceding case doesn’t occur, it will be the Apartminium’s beneficiary that is chosen between them obtains the vote of thirteen or more intervals.
3.- If the preceding cases do not occur, due to absence of a reunion to choose a common representative, or for not obtaining sufficient votes, it will be the Apartminium’s beneficiary, that is beneficiary or interval “A”.
The person that functions as common representative of one Apartminium, Apartminium’s beneficiaries, for his personality to be duly credited in the Joint Owners Assembly has to obtain a simple letter of power from the Trustee in which he is designated as such, and be authorized to speak and vote, for which previously, and according to what is decreed in this article has to remain registered with the proper Trustee as the Apartminium’s beneficiaries common representative. The manager will also be notified in writing of a common representative.
ARTICLE 84. FORMS AND TERMS FOR WICH THE APARTMINIUM BENEFICIARIES WILL ADOPT THEIR INCUMBET RESOLUTIONS.
To resolve the affairs related to an Apartminium their beneficiaries will celebrated special assemblies, corresponding to the common representative the attributes and obligations pointed out to the Manager in Articles 39, 40, and 41 of this Regulation as to its conduct.
People that are able to convoke a special assembly:
a) The Apartminium`s common representative at any moment he deems it convenient.
b) The beneficiaries that represent a 25% of the Apartminium’s vote.
In the special assemblies, the voting will be adopted by a simple majority taken by those present, except in the case pointed out in clause Article 84 of this Regulation, computing the votes rating one for each occupation interval.
In everything that is not foreseen for the special assemblies, it will be that which is decreed in this regulation for the joint owners assemblies.
The common representative has to communicate the Administration, in writing the resolutions adopted in the special assemblies in which the amount for the special funds is settled relative to the Apartminiums, particularly to the furniture replacement, according to what is pointed out in Article 87.
ARTICLE 85.- OBLIGATORY COMMON EXPENCES TO THE APARTMINIUM BENEFICIARIES.
The Apartminium beneficiaries will be obliged in proportion to their corresponding occupation intervals to contribute to the expences and the condominium’s reserve funds that have been pointed out in preceding articles, to be up to date on the Trustee’s fees, as well as all the expences and funds that are specially decreed so as to be able to front the specified obligations of their Apartminiums, paying attention to what is pointed out in this Title, and in case of delay a 2.5% monthly on unsolvable balances of debts corresponding to their Apartminiums.
ARTICLE 86. FORM TO CONTRIBUTE TO THE ASSETS OR COMMON AREAS EXPENCES FUND AND THE CONDOMINIUM’S EXPENCE FUND.
The Apartminium beneficiaries who are holders of personal rights on a unit designated as Apartminium are obliged to contribute to the common assets expence fund and the condominium’s reserve fund.
In this case, their obligation will consist of paying a corresponding part of said expences in function of:
1.- The occupation intervals they own on the unit designated as Apartminium
2.- The contribution to which the preceding number refer to has to be done in relation to the percentage factor that corresponds to the unit designated as Apartminium in the condominium.
ARTICLE 87.- APARTMINIUM SPECIAL RESERVE FUND.
The Apartminium’s beneficiaries have to constitute a special reserve fund to cover maintenance, repairs, furniture replacement, and Apartminium’s equipment costs, in a sufficient amount for it, which will be settle by the Manager and delivered to his for its custody and application.
In case it would be necessary to give maintenance, repairs or replace a piece of furniture or Apartminium’s equipment, the Manager without requiring any authorization, will see to it, taking ressurces from that fund, and if this fund weren’t sufficient, he will charge the beneficiaries according to what corresponds them.
The unfulfillment of the consigned obligations in articles 22, 23, 24, 25, 26, 27, and 28 of this Regulation as well as the obligations referred to relative to this title the Apartminium beneficiary will consequently creditor to:
1.- Not to be able to use the unit, for which the Manager will take the measures he deems convenient, recurring if necessary to the help of public force.
2.- Compelled to burden his unit or yield the rights he may have on it, according to the resolutions taken in the joint owners assembly, paying attention to what is disposed in Article 43 of the Law.
FINAL DISPOSITIONS
This regulation will be in vigour from the date the deed is granted, of which it has to form an integrated part.
ARTICLE 90.- Anyone who by any title has rights on any unit or units is obliged to subject to this Regulation.
ARTICLE 91.- If one or many joint owners if and when their units represent the third part of the condominium deny their consent to reform the present Regulation or to make the condominium’s necessary arrangements, the majority will be able to submit the case to the legal authorities, but if the opponents represent at least the condominium’s third part, their vote will be unappeable.
FIRST ARTICLE.- Agreeing to what was pacted with the joint owners in their Trust’s work and Promise Constracts, Playasol, S.A., de C.V. is designated as Manager.
SECOND ARTICLE.- Subjected to the confirmation that in its case the joint owners assembly grants, for the first exercise.
a) The Vigilance Committee is integrated by the following persons.
PRESIDENT: Dr. José Esquerra
SECRETARY: Dr. Luis Cervantes
b) It’s settled as maintenance cuota the amount of ______________________ $ ___________ and of $ _____________ as reserve fund that the joint owners are obliged to cover proportionally to the undivided of their units.
c) As a special reserve fund for the Apartminium’s beneficiaries it’s settled for each one of the last mentioned ones the amount of: ____________________
______________________$ ___________________that the first ones will cover in proportion to the number of occupation intervals that corresponds to them.
The amounts in clauses “b” and “c” were opportunely settled by the Joint Owners Assembly and in the meantime the actual administration rules.