The management of condominiums in Los Cabos, Baja California Sur, requires a balance between efficient administration and compliance with current legal regulations.
Condominium administrators play a crucial role in maintaining harmony and ensuring the smooth operation of residential communities. Below, we outline their main rights and responsibilities as defined by applicable legislation. Additionally, we offer two exclusive tools to support their management: a downloadable checklist and an AI-powered assistant that analyzes their specific situation and generates a personalized report on their rights and responsibilities.
Obligations of Condominium Administrators
Management of Common Property: The administrator is responsible for the conservation and maintenance of the common areas and assets of the condominium, ensuring their proper functioning and preservation.
Collection of Fees and Payments: The administrator must handle the collection of maintenance fees and other contributions from the condo owners, as well as make necessary payments for the condominium’s operation, such as public services and employee salaries.
Calling for Assemblies: It is the administrator’s duty to call condominium assemblies, whether ordinary or extraordinary, and ensure they are held in accordance with the condominium’s regulations and current legislation.
Execution of Agreements: The administrator must implement and oversee the enforcement of the agreements made in the condominium assemblies, ensuring that collective decisions are respected.
Legal Representation: The administrator acts as the legal representative of the condominium in administrative and judicial matters, defending the community’s interests before third parties.
Financial Transparency: The administrator is obligated to maintain clear and detailed accounting of the condominium’s income and expenses, providing regular financial reports to the condo owners to ensure transparency in management.
Regulatory Compliance: The administrator must ensure that the condominium complies with all applicable legal regulations, including municipal regulations and state laws, to avoid sanctions and ensure a safe environment for residents.
Rights of Condominium Administrators
Remuneration: The administrator has the right to receive financial compensation for their services, which should be agreed upon in advance with the condo owners and formalized through a service agreement.
Delegation of Tasks: The administrator can delegate certain tasks to their team or specialized third parties, provided they supervise and are responsible for the proper execution of these duties.
Access to Information: The administrator has the right to access necessary information for the performance of their duties, including condo owners’ data and documentation related to the condominium, always respecting the confidentiality and privacy of the residents.
Participation in Assemblies: Although they do not have a vote, the administrator may participate in condo assemblies, offering professional advice and assisting in decision-making that affects the condominium.
Considerations in Baja California Sur
In Baja California Sur, the “Law on the Regime of Condominium Property” regulates the constitution, organization, functioning, and administration of condominiums. This law establishes that the rights and obligations of condo owners will be governed by the constitutive deed of the regime, the corresponding purchase agreement, the condominium regulations, and the provisions of the Civil Code for the Free and Sovereign State of Baja California Sur.
It is essential for condominium administrators in Los Cabos to be familiar with and comply with this legislation to ensure proper management and avoid legal conflicts. Additionally, they must stay updated on any reforms or changes in regulations that may affect their work.