{"id":19648,"date":"2021-11-10T23:56:35","date_gmt":"2021-11-11T04:56:35","guid":{"rendered":"https:\/\/www.topmexicorealestate.com\/blog\/?p=19648"},"modified":"2021-11-11T16:14:25","modified_gmt":"2021-11-11T21:14:25","slug":"hoa-fees-buying-a-home-or-condo-in-mexico-real-estate","status":"publish","type":"post","link":"https:\/\/www.topmexicorealestate.com\/blog\/2021\/11\/hoa-fees-buying-a-home-or-condo-in-mexico-real-estate\/","title":{"rendered":"HOA Fees: Buying a Home or Condo in Mexico Real Estate"},"content":{"rendered":"

Are you buying a\u00c2\u00a0<\/span>home in a gated community or a\u00c2\u00a0condo in Mexico real estate<\/a>?\u00c2\u00a0 Then, they most probably go under the condominium property regime, and you have to pay a HOA fee.<\/p>\n

The Condominium Property Regime is the legal act that the owner of a property celebrate before a notary public. In this act they declare their willingness to establish this type of property.\u00c2\u00a0<\/span><\/p>\n

 <\/p>\n

Being the exclusive right for the apartment, parking, utility room, etc., and the right of co-ownership for the green areas, corridors, staircase, elevator, fitness center, pool, etc.<\/span><\/p>\n

\"Hoa<\/p>\n

It is an exclusive right regarding private property units and a right of co-ownership\u00c2\u00a0 regarding the common areas and goods. This regime is necessary for the proper use or enjoyment of the property.<\/span><\/p>\n

Who needs to pay this fee?<\/span><\/h3>\n

The person who lives under the property regime in a condominium is called a\u00c2\u00a0<\/span>condomino<\/span><\/em>\u00c2\u00a0(condo owner or homeowner in most gated communities).\u00c2\u00a0<\/span><\/p>\n

Condominiums and gated communities<\/a> have a peculiar type of property because private property and co-ownership come together. This can generate various problems between condominiums due to the deterioration of the building , its daily use, or weather.<\/span><\/p>\n

The changes in the uses of the areas or goods of common usage, damages of the furniture, etc., can also become causes of conflict. The lack of maintenance and the absence of an administration to seek the proper use of the common areas generally causes these conflicts.<\/span><\/p>\n

Do I really need to pay the Hoa Fees of my Condo in Mexico Real Estate?<\/span><\/h3>\n

To keep the properties in good condition, the Law of Property in Condominium of Real Estate establishes a particular chapter called \u00e2\u20ac\u0153OF THE COMMON FEES AND OBLIGATIONS.\u00e2\u20ac\u009d\u00c2\u00a0 In it, all the condominiums and owners of the condominium are bound to cover punctually the fees established by the General Board.<\/span><\/p>\n

The General Board is the condominium organ created for decision-making. They express, discuss and solve the condominium issues of self and common interest.<\/span><\/p>\n

What are these fees for?<\/span><\/h3>\n

The administration uses the maintenance fees to constitute the administration and maintenance fund to cover the current expenses.\u00c2\u00a0 These are expenses of the administration, operation, and non-individualized services of the condominium\u00e2\u20ac\u2122s common and green areas.<\/span><\/p>\n

They can use the fees to constitute the reserve fund to acquire tools, materials, implements, and machinery. Or to hire any staff that the condominium needs for the required works.<\/span><\/p>\n

In addition, it is possible to agree to pay outstanding maintenance fees for unforeseen expenses. For example, when the water pump suddenly breaks down, and the maintenance fund is insufficient to cover the expense.<\/span><\/p>\n

Maintenance fees are essential for the proper functioning of the condominium and to keep it in optimal conditions.\u00c2\u00a0<\/span><\/p>\n

The Property Law in Real Estate Condominium provides that ordinary and extraordinary administration and maintenance fees will not be subject to compensation, personal exceptions, or any other assumption that may excuse your payment.<\/span><\/p>\n

\"Condo<\/p>\n

What happens if I don\u00e2\u20ac\u2122t pay?<\/span><\/h3>\n

The right to demand payment of the installments in question has no prescription. That is, the debtor cannot be released from his obligation for the passage of time. As they are not subject to compensation, nor can personal exceptions be opposed against the payment action.<\/span><\/p>\n

Even more, if \u00e2\u20ac\u0153any other assumption that can excuse your payment\u00e2\u20ac\u009d is not admissible, then the negative prescription does not operate. That is because the opposite would result in avoiding payment. I<\/span>t would go against one of the primary objectives of the Property Law in Real Estate Condominium. And it is promoting a culture of payment of maintenance fees.<\/span><\/p>\n

\"Hoa<\/p>\n

If you don\u00e2\u20ac\u2122t pay or you pay late your maintenance fees, you might have to pay legal interest.\u00c2\u00a0<\/span><\/p>\n

Board might even exercise a judicial action to obtain the payment forcibly since the conditions of habitability, security, and operation depend on receiving the maintenance fees.<\/span><\/p>\n

Last word<\/span><\/h3>\n

Each condominium, owner, and the occupants have the right to use all common property, including green areas. They have also the right to enjoy the services and public facilities, according to their nature and destination. Still, there is also the obligation to provide maintenance fees to ensure that the condominium remains in good condition and proper operation. Hence, there will be a healthy coexistence between the condominiums.\u00c2\u00a0Especially if you buy a luxury home for sale in Mexico<\/a>.<\/span><\/p>\n

Please do not hesitate to contact one of our Top Mexico Real Estate representatives if you have any other questions.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Are you buying a\u00c2\u00a0home in a gated community or a\u00c2\u00a0condo in Mexico real estate?\u00c2\u00a0 Then, they most probably go under the condominium property regime, and you have to pay a HOA fee. The Condominium Property Regime is the legal act that the owner of a property celebrate before a notary public. In this act they […]<\/p>\n","protected":false},"author":59,"featured_media":19652,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"categories":[1196],"tags":[2398,1536,2512,2513,143,1820,1821],"class_list":{"0":"post-19648","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-top-tips","8":"tag-gated-communities","9":"tag-gated-communities-in-mexico","10":"tag-hoa-fees","11":"tag-maintenance-fees","12":"tag-mexico-condos-for-sale","13":"tag-mexico-hoa","14":"tag-playa-del-carmen-hoa","15":"entry"},"_links":{"self":[{"href":"https:\/\/www.topmexicorealestate.com\/blog\/wp-json\/wp\/v2\/posts\/19648","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.topmexicorealestate.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.topmexicorealestate.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.topmexicorealestate.com\/blog\/wp-json\/wp\/v2\/users\/59"}],"replies":[{"embeddable":true,"href":"https:\/\/www.topmexicorealestate.com\/blog\/wp-json\/wp\/v2\/comments?post=19648"}],"version-history":[{"count":3,"href":"https:\/\/www.topmexicorealestate.com\/blog\/wp-json\/wp\/v2\/posts\/19648\/revisions"}],"predecessor-version":[{"id":19660,"href":"https:\/\/www.topmexicorealestate.com\/blog\/wp-json\/wp\/v2\/posts\/19648\/revisions\/19660"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.topmexicorealestate.com\/blog\/wp-json\/wp\/v2\/media\/19652"}],"wp:attachment":[{"href":"https:\/\/www.topmexicorealestate.com\/blog\/wp-json\/wp\/v2\/media?parent=19648"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.topmexicorealestate.com\/blog\/wp-json\/wp\/v2\/categories?post=19648"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.topmexicorealestate.com\/blog\/wp-json\/wp\/v2\/tags?post=19648"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}