By-Laws (English translation)

English Language Version* of the by-laws of

 

“Birds of Paradise”

Condominium

Condominio Aves del Paraiso

Libramiento #100

San Antonio Tlayacapan

Apartado Postal #522

45900 Chapala, Jalisco

Mexico

 

e-mail <birds_ofparadise@hotmail.com>

 

 

 

 

*NOTE:     This version is provided for the convenience of English speaking owners.  In the event of disagreement, the Spanish language text prevails.

 

QUICK INDEX

Legal Basis ………………………………………………………………………………………………………page            3

Location ………………………………………………………………………………………………………….  3

Description Of The Subdivision …………………………………………………………………………………  3

Components That Constitute The Property  ……………………………………………………………………..   3

Common Areas And Components  ………………………………………………………………………………  3

Common Use Areas  …………………………………………………………………………………………….   4

Property Rights  …………………………………………………………………………………………………   4

Neglecting Of Rights  …………………………………………………………………………………………..    4

Private Units  ……………………………………………………………………………………………………   4

Percentages Of Titles According To The Number Of Units  …………………………………………………..    4

The Dividing Components Of A Unit  ………………………………………………………………………….    5

Limitations Of The Common Areas And Private Units  ………………………………………………………..    5

Exterior Modification Of The Units  …………………………………………………………………………….   5

Approval Of The Modifications  ………………………………………………………………………………..    5

Additional Constructions  ……………………………………………………………………………………….   5

Other Modifications  …………………………………………………………………………………………….   5

Modification Limits  ……………………………………………………………………………………………..  5

Aspects Which May Threaten Appearance And Use Of Common Areas  ………………………………………  5

Construction In The Common Areas  ……………………………………………………………………………  6

Payments For Construction In Private Units  ……………………………………………………………………   6

To Transfer, Rent Or Encumber The Private Units  …………………………………………………………….   6

Rental Pool  ………………………………………………………………………………………………………  7

Responsibilities Of The Condominium Owners  ………………………………………………………………… 7

Payment Of Services And Property Taxes  ………………………………………………………………………  8

Right To Inspect The Private Units  ……………………………………………………………………………… 9

Requirements For Sale Of The Private Units By Condominium Owners  ………………………………………. 9

Sale Notification  …………………………………………………………………………………………………. 9

Fulfillment Of The Condominium’s Rules By The Residents  …………………………………………………..  9

Use Of The Private Units  ………………………………………………………………………………………… 9

Other Services For The Residents  ……………………………………………………………………………….. 9

Fees For Maintenance And Operation Services  …………………………………………………………………. 9

Bimonthly Payments Of Ordinary Fees  …………………………………………………………………………. 10

Moratorium Interest Rate On Fee Payments  …………………………………………………………………….. 10

Condominium Owners’ Assembly  ………………………………………………………………………………. 10

Supreme Agency In The Condominium  …………………………………………………………………………. 10

Regular Assembly  ……………………………………………………………………………………………….. 10

Extraordinary Assemblies  ……………………………………………………………………………………….. 10

Call For A General Assembly  ……………………………………………………………………………………. 10

Attendance Quorum At Regular Assemblies  …………………………………………………………………….. 11

Voting Quorum For An Extraordinary Assembly  ………………………………………………………………… 11

Obligations Following Agreements Taken In An Assembly  …………………………………………………….. 11

Proportional Value Of Each Vote  ………………………………………………………………………………….               11

Attorneys Attending Assemblies-Proxy  ………………………………………………………………………….. 11

Chairperson Of The Assembly  ……………………………………………………………………………………. 11

Secretary Of The Assembly  ………………………………………………………………………………………..               11

Election Examiners (Scrutineers)  …………………………………………………………………………………. 11

Continuing The Meeting The Following Day  …………………………………………………………………….. 11

Recording Of The Meeting Proceedings In The Register  ………………………………………………………….              11

Signatures In The Record Of Proceedings  …………………………………………………………………………              12

The Records Of Each Proceeding  ………………………………………………………………………………….               12

Co-Owners & Common Representatives  …………………………………………………………………………. 12

Board Of Directors/ Members Forming The Administration Board  ……………………………………………… 12

Requirements To Become A Director  …………………………………………………………………………….. 12

Rights And Responsibilities Of The Board Of Directors  ………………………………………………………….               12

Payment Of Insurance, Payroll, And Maintenance Fees  …………………………………………………………..               13

Reserve Fund/ Emergency Fees  ……………………………………………………………………………………              13

Place For Holding Board Meetings  ……………………………………………………………………………….. 13

Quorum For Board Meeting  ………………………………………………………………………………………. 13

Vote Of Every Member  …………………………………………………………………………………………….              13

Presiding The Meeting  ……………………………………………………………………………………………..              14

Condominium Books  ……………………………………………………………………………………………….              14

Responsibilities Of The Treasurer  ………………………………………………………………………………….              14

Controversies/ Solutions To Resolve Disagreements  ………………………………………………………………              14

Destruction And Extinction  …………………………………………………………………………………………             14

 

 

 

REGIME REGULATIONS REGARDING THE MANAGEMENT AND USE OF THE CONDOMINIUM KNOWN AS BIRDS OF PARADISE

“AVES DEL PARAISO”

 

CHAPTER I

LEGAL BASIS

 

ARTICLE ONE – LEGAL BASIS

The present Regulations, rules of governance project, of the condominium project known as “Birds of Paradise” is based on Book II, Title six, Chapter One, Article 1006 Section XI, of the Civil Code of the State of Jalisco.

 

CHAPTER II

LOCATION

 

ARTICLE TWO – LOCATION

The subdivision known as “BIRDS OF PARADISE” is located in the district of Chapala within the San Antonio Tlayacapan area, south of the “Libramiento”, approximately at 1 kilometer from the Chapala-Jocotopec highway junction.

 

ARTICLE THREE – DESCRIPTION OF THE SUBDIVISION

The subdivision consists of 62 residential units, 38 of which are at ground level and 24 in upper level, a guardhouse, and a clubhouse/common use building with services such as: office, functions room, mail room, laundry room gym, clinic, patios, food preparation area, rental concession areas, bathrooms and a warehouse. It also includes a recreational area, complete with a pool, a Jacuzzi, lawn chairs and gardens. The units are accessible through internal roads with parking stalls for the owners, as well as additional stalls for visitors. The complex also includes common areas, garden, a gazebo and walkways. There is also a utility room and warehouse for the maintenance of the complex

 

CHAPTER III

 

ARTICLE FOUR – COMPONENTS THAT CONSTITUTE THE PROPERTY

COMPONENTS THAT CONSTITUTE THE PROPERTY

  1. a)    The components of common use of the complex belong to the owners in co-ownership.
  2. b) The residential units whose use and enjoyment correspond to a condominium (hereinafter called private property).
  3. c) Common dividers.

 

ARTICLE FIVE – COMMON AREAS AND COMPONENTS

The common areas and components consist of but are not limited to, the following:

  1. a) the ground and underground levels of property described in Article Two, and whose location, area, measurements and boundaries are detailed  in the plans recorded and described in this Regime;
  2. b) construction site’s foundation;
  3. c) the infrastructure and site equipment;
  4. d) gates, walkways, stairs and porticoes, parking lots, streets and walkways;
  5. e) garden and recreational areas;
  6. f) administration office, furniture and other storage areas, the areas assigned to the guards, gardeners and staff;
  7. g) ducts and piping, poles for the utility services provided such as gas, water and electricity;
  8. h) cabling for phones, TV cables, and any antenna connection to receive radio and television signals
  9. i) ditches, vats, reservoirs, rainwater and drainage ducts;
  10. j) water/sewer treatment plant;
  11. k) rain-absorption wells;
  12. l) structural walls and roofs;
  13. m) the exterior facade of the buildings and the boundary walls.

 

ARTICLE SIX – COMMON USE AREAS

Common property will not be subject to division and/or subdivision, even legally; nor will any judicial or municipal rulings obtained by any individual interrupt the integrity of the common area; nor will anyone be allowed to merge their private property with any common property. In the case that a judicial ruling forces a sale, it may only affect the private property and will have no effect on any common areas.

 

ARTICLE SEVEN – PROPERTY RIGHTS

Common property rights are bound to the applicable private property through unit entitlements and can only be transferred, sold or otherwise, through the transfer of the private property.

 

ARTICLE EIGHT – NEGLECTING OF RIGHTS

Any owner who abandons his/her property rights of ownership, or waives the use of the common property, is not exempt from the obligations imposed by the law or by the condominium Regime, or from his obligations as a condominium owner.

 

ARTICLE NINE – PRIVATE UNITS

Private units are described as:

  1. a) the residential units included in the drawings and plans and that are described and legalized in this Regime;
  2. b) the furnishings, equipment and installations forming part of the private units and which because of their use and function, cannot be considered for general use and enjoyment;
  3. c) the property goods and benefits which are attached to private units that are for the exclusive use and enjoyment of the condominium owner.

Private units also contain the following elements:

  1. d) the interior walls that are non-dividing nor bordering and terraces including those which are elevated, even when the areas located below are common areas;
  2. e) all windows including the glass;
  3. f) all floor coverings;
  4. g) the outlets for water, drainage, electricity, gas, television and phones that have been placed in every unit for the private use of these services in the unit itself.

 

ARTICLE TEN – PERCENTAGES OF TITLES ACCORDING TO THE NUMBER OF UNITS

Every condominium unit represents an undivided percentage of the common areas and elements of the “BIRDS OF PARADISE” complex, which is in direct proportion to the unit’s square meter measurements.

 


NR          BLOCK UNIT      PERCENTAGE

1              1                              111                         1.668

2              1                              112                         1.734

3              1                              113                         1.583

4              1                              114                         1.583

5              1                              115                         1.583

6              1                              116                         1.583

7              1                              121                         1.688

8              1                              122                         1.519

9              1                              123                         1.478

10           1                              124                         1.478

11           1                              125                         1.478

12           1                              126                         1.478

13           2                              210                         1.724

14           2                              211                         1.724

15           2                              212                         1.640

16           2                              213                         1.640

17           2                              214                         1.724

18           2                              215                         1.560

19           2                              216                         1.640

20           2                              217                         1.640

NR          BLOCK UNIT      PERCENTAGE

21           2                              218                         1.724

22           2                              219                         1.724

23           2                              221                         1.493

24           2                              222                         1.493

25           2                              223                         1.493

26           2                              224                         1.493

27           2                              225                         1.493

28           2                              226                         1.493

29           2                              227                         1.493

30           2                              228                         1.493

31           3                              311                         2.321

32           3                              312                         1.724

33           3                              313                         1.883

34           3                              314                         1.733

35           3                              315                         1.822

36           3                              316                         1.724

37           3                              317                         1.724

38           3                              318                         1.700

39           4                              412                         1.724

40           4                              413                         1.724

NR          BLOCK UNIT      PERCENTAGE

41           4                              414                         1.724

42           4                              415                         1.724

43           5                              511                         1.724

44           5                              512                         1.724

45           5                              513                         1.504

46           5                              514                         1.724

47           5                              515                         1.626

48           5                              516                         1.542

49           5                              521                         1.493

50           5                              522                         1.493

51           5                              523                         1.493

52           5                              524                         1.493

53           5                              525                         1.493

NR          BLOCK UNIT      PERCENTAGE

54           5                              526                         1.493

55           6                              611                         1.521

56           6                              612                         1.521

57           6                              613                         1.521

58           6                              614                         1.668

59           6                              621                         1.493

60           6                              622                         1.493

61           6                              623                         1.507

62           6                              624                         1.590

TOTALS                                                              100.18

 

 

 

 

ARTICLE ELEVEN – THE DIVIDING COMPONENTS OF A UNIT

The dividing components are those, which separate two or more private units, including roofs and floors and in those situations where the floor of one unit is the ceiling of another unit.

 

ARTICLE TWELVE – LIMITATIONS OF THE COMMON AREAS AND PRIVATE UNITS

Due to their location or nature, certain private and common properties will have special limitations as stated in articles thirteen through twenty.

 

ARTICLE THIRTEEN – EXTERIOR MODIFICATION OF THE UNITS

The exterior glass of the units cannot be substituted by walls or by other glass if the Board of Directors judges that this will alter, negatively, the overall appearance of the complex. Facades cannot be modified, in terms of colour or paint designs, unless it is justified that the modification blends in with the architecture of the complex or improves the appearance. This decision is only possible if accepted by the Condominium Owners’ Assembly in which a minimum of 75% of the owners must have voted in favour of.

 

ARTICLE FOURTEEN – APPROVAL OF THE MODIFICATIONS

Notwithstanding Article Seventeen, the condominium owners cannot undertake any work not done through the Board of Directors. For approval of the changes, the owner should present plans and the estimated time required for these changes. Any modification or repair work, including the interior installation of blinds, curtains, and folding screens, if, in the opinion of the manager it might disturb the rest of the owners or modify the unit’s appearance in a negative way, will be denied.

 

ARTICLE FIFTEEN – ADDITIONAL CONSTRUCTIONS

It is not permitted to build or install on the unit’s rooftops, nor the building facades, which are part of the condominium.

 

ARTICLE SIXTEEN – OTHER MODIFICATIONS

It is not permitted to build canopies or patios, or plant trees in the gardens that might obstruct the view of the condominiums or negatively affect the look of the complex as a whole.

 

ARTICLE SEVENTEEN – MODIFICATION LIMITS

Every condominium owner can make changes that affect the interior of their units; however, changes or modifications which might affect the structure, foundation, supporting walls, rooftops, sewer system as well as changes that may alter the appearance, safety, durability and comfort of the building are prohibited.

 

ARTICLE EIGHTEEN – ASPECTS WHICH MAY THREATEN THE APPEARANCE AND USE OF THE COMMON AREAS

It is not allowed to place any type of objects in the common gardens or any other common areas if the Board of Directors believes it will negatively affect the design or appearance of the complex or if this will prevent the full enjoyment of the areas by all residents.

 

ARTICLE NINETEEN

Rooftops must always be clean and waterproof.

 

ARTICLE TWENTY – CONSTRUCTION IN THE COMMON AREAS

 

Construction in common property, whether to repair or install new items, must always be made through the Board of Directors.  In this case, the Board will take into account the safety, comfort, convenience and general well being of the condominium owners and guests of the complex; this will be done under the following rules:

1)       construction involving maintenance will be decided by the manager acting upon the precise and constant instructions of the Board of Directors.  To do this there is no need for the approval of the individual owners and the costs will be charged to the maintenance and administration fund.

 

2)       the manager must put into effect the guarantees made by the contractors or, if it is the case, by the condominium owner.

 

3)       improvement work may be done after previous consent of the condominium owners in a duly called General or Extraordinary Assembly. This work or construction will be directed by the manager with the supervision of the Board of Directors, or by a specific committee that will be appointed for this task and that will be fully responsible for it.

 

4)       the manager without necessity of previous authorization will carry out urgent repairs to common property. Subsequent approval is required and specific allocation of costs as between the warranty program or the condominium’s operating funds.

 

5)       the Condominium Owners’ Association is the body that will resolve any issue regarding improvements not included in the annual budget. A portion of the cost may be charged to the contingency fund or if the need arises, an additional charge will be requested from the owners.

 

6)       the types of construction that are prohibited are those that:

 

  1. a)    affect the structural integrity and infrastructure of the condominium unit or lessen its safety or comfort of the users;

 

  1. b) endanger the solidity of the property.

 

  1. c) permanently inhibit the use of a common area or a common service even if only one condominium owner is affected, unless this owner permits it and is adequately compensated for by the others;

 

  1. d) change the original shape of the condominium;

 

  1. e) increase the size of the unit;

 

  1. f) violate the decree of the Civil Code of the State of Jalisco and of this Regime.

 

ARTICLE TWENTY-ONE – PAYMENTS FOR CONSTRUCTION IN PRIVATE UNITS

The owner of the unit shall pay repair work of private units such as on ceilings, floors, wall equipment, furniture, private installations and balconies if not covered by warranty.

 

ARTICLE TWENTY-TWO – TO TRANSFER, RENT OR ENCUMBER THE PRIVATE UNITS

Condominium owners can transfer, rent, or encumber in any form allowed by the law, the private units that they own, with the corresponding co-ownership rights of the common areas or buildings. The name and address of the new owner, mortgagor or tenant will be provided to the Board of Directors.  The Board has the right to refuse entry to the complex if this condition is not complied with.

 

 

ARTICLE TWENTY-THREE – RENTAL POOL

With the previous approval of the Board of Directors, the manager can authorize a company, specialized in running private units as a hotel or in renting, to be in charge of providing this service to the owners who have expressed their desire to put their units with their inherent rights in a rental pool, run by the said company. This will be done according to the terms of the contract that the particular owner signs with such a company.

 

ARTICLE TWENTY-FOUR – RESPONSIBILITIES OF THE CONDOMINIUM OWNERS

The condominium owners have the responsibilities to:

 

  1. a)    follow and enforce these rules on their family members, guests, maids, or any person who works for them, and other guests who make use of the common services and who visit the complex;

 

  1. b)    keep their units clean and well maintained, and respect the appearance of the private and common areas of the complex. To abstain from littering and to deposit their garbage in the garbage bins designated for this purpose. The condominium owners shall adequately close and keep the garbage containers in place and deposit the garbage in them, so that no garbage will be left around the units, with every condominium owner keeping his/her parking space clean and obstacle-free.

 

  1. c)     maintain decent and respectable behavior in all the complex areas, enforcing the same behavior on their family members, guests, and employees, always respecting the rights of the other owners, and of the permanent and occasional inhabitants. No condominium owner will have the right to use, or allow any guest of his/her unit to use all or any part of a common area designated for the exclusive use of another owner. Sidewalks and parking areas cannot be blocked by any condominium owner, family or guests, and cannot be used for any purpose other than to go in and out of respective units. The parking areas cannot be used for any other purpose but to park vehicles, and owners are not to block parking stalls designated for use by other private units.

 

  1. d) respect the tranquility and rest of the tenants or condominium owners by avoiding loud noises that could travel beyond the units, no matter what the origin of the noise is. Condominium owners as well as their relatives, guests, visitors, tenants and employees should not allow improper noise within the units and common areas, nor create any noise that may disturb, in an irrational way, the peace and tranquility of the neighboring owners;

 

  1. e)     hold parties and reunions within places and hours designated for that purpose.  In case of a party inside a unit, this should not cause any type of trouble or disturbance to the neighbors;

 

  1. f)     register in the manager office any guest, servant, relative or any other person authorized to enter or make use of their units with all the related information that the administration requests. The condominium owner will be held responsible for any damage caused to common property due to carelessness on his part or caused by his/her guests, servants or relatives. In such a case he must repair the damage within the next ten days following the manager’s or Board of Directors’ request. If not paid by then, the damage will be repaired at the expense of the condominium owner who will be required to reimburse the expenses used for that purpose.

 

  1. g)    will avoid having possession of flammable, dangerous or toxic materials, those that emit fumes or increase the risk or fire or present danger to person or property. A properly installed and maintained propane tank is permitted.

 

  1. h)    avoid using administration staff for personal purposes: tipping or gratifying them in any way is forbidden;

 

  1. i)     avoid carrying any kind of weapon or dangerous instrument that causes a risk to the condominium owners, or the other tenants.

 

  1. j)     avoid any type of advertisement, raffles, collections for charity, or other commercial activity that disrupts the peaceful environment of the common areas;

 

  1. k)    not install any type of sign or advertisement that affects the image of the complex. No sign, announcement or other type of publicity can be placed in any part of the condominium common area without previous and written consent of the Board of Directors. Condominium owners may place a “FOR SALE” sign of reasonable size in their units;

 

  1. l)     no vehicle can be driven into any area of the complex that is not specifically designed for that purpose.  No vehicle that is not for passenger or private use can be parked in the parking spaces without previous written consent of the Board of Directors. No other vehicle such as motor homes, trailers, boats, or any type of equipment or machinery can be parked in the complex. Engine adjustments or vehicle repairs cannot take place inside the complex. Vehicles that are not frequently used are not allowed to be parked in the condominium complex. Vehicles are allowed to be parked only in the parking spaces provided or in the designated areas specifically designed for this;

 

  1. m)   no animal or pet will be permitted inside the premises without the consent of the Board of Directors. If not authorized, the animal will have to be removed from the complex within the next 15 days following the notification by the Board of Directors. The special characteristics, color, and name of any pet that has been authorized and permitted by the Board of Directors should be given to the Board. The Board of Directors will not allow more than one dog or cat per unit. Authorized dogs/cats cannot be left unattended by their owners in the common areas even when these areas are under the control of the owner.  The owner will pay for any damages caused by the said dog or cat.

 

  1. n)    pay within 10 days any damage or charges that are required by the Board of Directors that are based on this Regime;

 

  1. o)    take the necessary precautions to avoid theft in private units. The condominium staff will only keep surveillance of the common areas and have no obligation to protect any owner’s property.

 

  1. p)    not install any type of antennas, machinery or equipment in the common areas or outside the boundaries of each private unit;

 

  1. q)    not build or place installations different from the existing ones when the condominium is handed over. This includes sport and service installations. No condominium owner can build fences or barriers, put plants or trees, or any kind of object that blocks access to the common areas or in the areas that are not within his exclusive property. All condominium owners should place their personal objects and furnishings in a way so that it does not block the entry or access to the common areas: thus, bicycles, toys, and similar objects should be kept inside the private units.

 

  1. r)     not to hang clothing within the common areas or the private ones if they can be easily noticed; for no reason at all can clothes or any other object that can be seen from the exterior, be hung from windows or balconies of any private unit. They can only be placed inside, where they are unnoticed.

 

  1. s)     not waste water in the complex;

 

  1. t)     avoid exterior maintenance changes, such as painting, or decorating, without the previous approval of the Board of Directors;

 

  1. u)    use plumbing, water closets (bathrooms), drainage, sinks, and any other outlet only for the purpose intended. They are not to be used in a way that could damage the drainage system, piping, etc.

 

 

ARTICLE TWENTY-FIVE – PAYMENT OF SERVICES AND PROPERTY TAXES

Every condominium owner must pay all expenses not included in the condominium fee.

 

ARTICLE TWENTY-SIX – RIGHT TO INSPECT THE PRIVATE UNITS

The co-owners authorize the management to inspect the units in case of an emergency with the authority of the Board members in advance.  All owners must provide an entrance key to their unit to the management.  In case of an emergency, the management must notify the owners.

 

ARTICLE TWENTY-SEVEN –  REQUIREMENTS FOR SALE OF THE PRIVATE UNITS BY CONDOMINIUM OWNERS.

The condominium owners must be up to date in the payment of the condominium fees prior to the transfer of title.

 

ARTICLE TWENTY-EIGHT – SALE NOTIFICATION

Condominium owners must notify the Board of Directors when they sell their private unit so that the new buyer is able to take over the inherent rights that come with the condominium.

 

ARTICLE TWENTY-NINE   –  FULFILLMENT OF THE CONDOMINIUM’S RULES BY THE RESIDENTS AUTHORIZED BY THE CONDOMINIUM OWNERS

It is clearly established that the condominium owner, prospective buyer, and any permanent or temporary occupant of a condominium is obliged to abide by the rules of the Regime.

 

ARTICLE THIRTY – FINES AGAINST CONDOMINIUM OWNERS WHO VIOLATE THE STIPULATIONS OF THIS REGIME

The condominium owner who repeatedly does not carry on with his/her obligations and creates conflicts without justification with the rest of the owners, will be sued by the Board of Directors and called in front of a local judge so that his condominium rights can be sold at a public auction, as stipulated in the Civil Procedure Code of the State of Jalisco. If the person who does not comply with his obligations is a tenant and not an owner, he would be asked by the manager to leave the unit with the previous consent of the owner, and if both oppose the order, a legal action can be carried against both, according to Article 1032 of the Civil Code of the State of Jalisco, with costs and fees assessed against the offending party.

 

ARTICLE THIRTY-ONE  –  USE OF THE PRIVATE UNITS

Every unit must be used for the residence of one family, and for no other purposes.

 

CHAPTER IV

ARTICLE THIRTY-TWO  –  OTHER SERVICES FOR THE RESIDENTS

The condominium complex, through the Board of Directors, is allowed to hire an administration company to look after the administration of the complex in areas such as common services. This Board can also authorize the manager or administration company to hire other companies specialized in managing the rental pool and to manage the private units as a hotel operation. Any service that is not provided by the administration company and that is requested by an owner will be put under the full responsibility and risk of that owner, and the administration company cannot be held responsible for anything other than collecting the cost of the required service. Likewise, the owners, tenants, and guests can hire internal services for maintenance, transportation, restaurant, laundry and can use companies that are contracted and authorized by the administration company, but it is the owner’s responsibility to determine the terms, conditions, and efficiency of the company whose services they are contracting, and the Condominium complex assumes no liability for any service fees, taxes, IMSS, or any other related charges for those independently contracted for services.

 

CHAPTER V

FEES

 

ARTICLE THIRTY-THREE  –  FEES FOR MAINTENANCE AND OPERATION SERVICES

Condominium owners must contribute to pay for the expenses of the maintenance and services of the installations, as well as to create and maintain a reserve fund, each payment being equal. When an agreement is made for improvements or voluntary construction, the basis of the payment of this job should be fixed in the agreement. The regular and extra fees that are charged to the owners, as well as the equipment that is bought for the common benefit of all, is part of the estate of the complex.

 

ARTICLE THIRTY-FOUR  –  BIMONTHLY PAYMENTS OF ORDINARY FEES

Condominium owners must pay regular fees not less than once monthly. These fees will be fixed by the annual assembly or by an extraordinary assembly, if need be. Fines, economic sanctions, interest rates, and other amounts that legally pertain to the condominium, will become part of its assets. The fees are due in advance, without any expressed requisition from the condominium manager. Fees should be paid at the management office on or before the first day of each month. Any failure to pay will result in a monetary penalty.

 

ARTICLE THIRTY-FIVE –  MORATORIUM INTEREST RATE ON FEE PAYMENTS

When the condominium owners do not pay their respective fees within the next 10 days following the fixing of extraordinary fees or within the first 10 days of the corresponding monthly fee, they must pay a moratoria on it balance at an interest rate set by the two largest credit institutions in the country, based on “Quirografarios”, to avoid the 30 days risk of becoming subject to service suspensions. They can be prohibited the use of the common areas if they are not up to date with their payments set by this regime.

 

CHAPTER VI

CONDOMINIUM OWNERS’ ASSEMBLY

 

ARTICLE THIRTY-SIX   –  SUPREME AGENCY IN THE CONDOMINIUM

The Condominium Owners’ Association is the supreme body in the condominium. It represents the condominium owners in every aspect. The assemblies will be held regularly or extraordinarily.

 

ARTICLE THIRTY-SEVEN  –  REGULAR ASSEMBLY

Regular Assemblies will be held at least once a year in the 1st trimester, and the following points will be discussed;

 

1)       a general report of the condominium, regarding property assets and services as well as it’s financial situation;

2)       the election of the members of the Board of Directors and, if necessary, elections of special committees;

3)       management status;

4)       ratifying the budget for the following year;

5)       ratifying the fines and sanctions for overdue payments or violation of the law or of this regime;

6)       establishing regular and extraordinary fees.

7)       A.O.B. (any other business)

 

ARTICLE THIRTY-EIGHT  –  EXTRAORDINARY ASSEMBLIES

Extraordinary Assemblies will be held at any time and as many times as they are considered necessary by 25% of the condominium owners’ votes. In these assemblies the following points may be discussed:

1)       modification of the condominium’s regime;

2)       improvement or voluntary construction;

3)       changes in use of common property;

4)       decisions about the rescinding of the condominium Property Regime;

5)       incorporation of new clauses or changes to the Condominium Ownership Regime;

6)       requesting a judge to force a condominium owner to sell or give up his/her rights;

7      any other decision that concerns the condominium owners meeting at the assembly.

 

ARTICLE THIRTY-NINE  –  CALL FOR A GENERAL ASSEMBLY

Assemblies will be called for by:

  1. a) the Chairman of the Board of Directors or any two (2) Board of Directors members.
  2. b)    a local/immediate civil judge with jurisdiction over the Chapala district, upon the request of owners who represent at least one-fifth of the rights; or at any owner’s request, when assemblies have not been held for over year.  Summons will be sent by registered mail or electronic communication i.e. faxes, e-mail, or courier or any form. A sworn affidavit including the entire list of addressees will be retained by the condominium Administrator as conclusive proof of issue.  No additional acknowledgement or receipt is required. The summons is to be sent a minimum of 15 days before the Regular Assembly takes place, and 20 days before the summoning of an Extraordinary Assembly.

 

ARTICLE FORTY  –  ATTENDANCE QUORUM AT REGULAR ASSEMBLIES

For a Regular Assembly to be legally declared open, at least 51% of the condominium owners should be present in person or by proxy. If the required percentage is not attended, a second notice will be sent to the condominium owners to hold the assembly in a period of no less than 7 days and no more than 15 days after the original one was to be held, and this meeting will be held with full validation with whomever is present. The resolutions taken in regular Assembly will be valid when the issue under consideration is passed by a majority of the condominium owners who are represented in person or by written proxy, submitted in accordance with the rules for proxies herein.

 

ARTICLE FORTY-ONE  –  VOTING QUORUM FOR AN EXTRAORDINARY ASSEMBLY

Condominium owners can hold Extraordinary Assemblies, but the decisions taken during these assemblies are valid only if they are agreed upon by at least 75% of those present. This ratification will take place at the assembly when 75% of the owners are represented, or if in the next 30 days, the absent members can prove that they have knowledge of the issues discussed and can approve them.

 

ARTICLE FORTY-TWO  –  OBLIGATIONS FOLLOWING AGREEMENTS TAKEN IN AN ASSEMBLY

Any agreement passed during a legally constituted assembly is binding upon the absent and dissident, and if the case arises, upon the tenants.

 

ARTICLE FORTY-THREE  –  PROPORTIONAL VALUE OF EACH VOTE

Every condominium owner will have a right to one vote for each unit owned. For a condominium owner to exercise his/her right to vote, he/she must be up to date with all required payments. A tie vote defeats a vote. All Board elections will take place through written ballots.

 

ARTICLE FORTY-FOUR  –  ATTORNEYS ATTENDING ASSEMBLIES-PROXY

The power of attorney to attend an assembly, to be accepted as valid, has to be signed by the issuer of that power before two witnesses and delivered to the administration’s office prior to the holding of the assembly.

 

ARTICLE FORTY-FIVE   –  CHAIRPERSON OF THE ASSEMBLY

The Chairperson of the Board of Directors will preside at the assembly. In case he/she is not able, the owners present will designate a chairman by a majority vote.

 

ARTICLE FORTY-SIX  –  SECRETARY OF THE ASSEMBLY

Either the Secretary of the Board of Directors will function as the assembly’s secretary or the assembly will elect a secretary by a majority of votes.

 

ARTICLE FORTY-SEVEN  –   ELECTION EXAMINERS (scrutineers)

The Chairman will appoint two election examiners from the owners present.

 

ARTICLE FORTY-EIGHT  –   CONTINUING THE MEETING THE FOLLOWING DAY

If, during the scheduled assembly, all the points and issues of the present agenda are not solved or agreed upon, the meeting will continue at 9:00 a.m. the following day. It will be presided as it was before, and only issues that remained unsolved will be discussed. The assembly will legally continue with those condominium owners who attend the next day.

 

ARTICLE FORTY-NINE  –  RECORDING OF THE MEETING PROCEEDINGS IN THE REGISTER

The Secretary will record the meeting in the appropriate register and will take attendance, making a list of those who are present.

 

 

ARTICLE FIFTY  –  SIGNATURES IN THE RECORD OF PROCEEDINGS

The Chairman of the Assembly, the Secretary, and the scrutineers will authorize the proceedings with their corresponding signatures.

 

ARTICLE FIFTY-ONE  –  THE RECORDS OF EACH PROCEEDING

The Secretary of the Board of Directors is responsible to keep minutes. Every file must include:

  1. a) a copy of the summons to a meeting, together with the date and the means by which they were sent to each owner;
  2. b) attendance lists signed by all the owners present at the meetings, or by their representatives;
  3. c) any other document he/she believes is relevant.

 

ARTICLE FIFTY-TWO  –  CO-OWNERS & COMMON REPRESENTATIVES

In case of co-ownership, a common representative must be delegated before every assembly for the purpose of voting and attendance. That is one unit, one vote.

 

CHAPTER VII

BOARD OF DIRECTORS

 

ARTICLE FIFTY-THREE   –  THE MEMBERS FORMING THE ADMINISTRATION BOARD

A Board of Directors, made of seven owners will manage “BIRDS OF PARADISE”. They will designate and elect their own officers.

 

ARTICLE FIFTY-FOUR  –  REQUIREMENTS TO BECOME A DIRECTOR

In order to become a director, one needs to be a condominium owner and be up to date with his/her condominium fees. The position of director is not transferable and is honorary.  The owners association, when deemed necessary, can determine payment of any remuneration to all holders of this position, or to only some of them. The members of the board of directors will initially serve a one or two-year term.  In the event that a board member vacates his/her seat, for whatever cause, during his/her term of office, replacement board member(s) may be appointed by the Board to fill the vacancy until the next Regular Assembly.  To ensure that the entire Board of Directors term of office does not expire on the same date, the existing board shall advise the nominating committee whether the new candidates term of office shall be for a one or a two year term, so as to ensure that not more than four board members terms of office will expire each year.  If the annual meeting does not take place, or the directors are not elected at that meeting, they can be elected in any other extraordinary meeting called specifically for that purpose. The directors will continue to hold office until the first meeting or assembly in which replacement board members can be elected, however they can be re-elected for an additional term.

 

ARTICLE FIFTY-FIVE  –  RIGHTS AND RESPONSIBILITIES OF THE BOARD OF DIRECTORS

The Board of Directors will have the following rights and responsibilities:

1)       hold the permanent representation of the residents for issues of common interest, with the assistance of an attorney for legal actions and matters;

2)       supervise that the manager fulfills his/her obligations and request accounts and reports on his/her actions when deemed necessary;

3)       meet not less than six times a year, at least quarterly, to obtain information from the manager, who can give a written or oral report regarding the business situation of the condominium, verifying his/her accounts and records in the register;

4)       verify the expenses of maintenance, emergency and management;

5)       to assist management in making sure that the residents are fulfilling their corresponding obligations;

6)       provide an annual report to the Condominium Owners’ Association within the first three months, 10 days prior to the Regular Meeting, explaining about any work done in the complex as well as a general summary of the condominium’s financial situation.

7)       May authorize the manager to grant or bestow direct general powers of judicial and administrative nature to anyone, when deemed necessary, for the purpose of defending and representing specific interests of the complex. It can also bestow special powers as well.

8)       To decide, as first priority, to deal with matters considered urgent and which are to be taken care of immediately by the manager without, however, finalizing the decision, or ratifying an approval until the following meeting.

9)       to call regular and extraordinary assemblies, according to what the case warrants;

10)   to check the monthly financial statements presented by the manager;

11)   to check the annual report, financial statement and balance sheet as presented by the manager;

12)   present in the regular annual assembly the progress report, activities report, and balance sheet already reviewed for its approval and which  should be at the disposition of the residents in the manager’s office, at least 20 days before the assembly;

13)   can freely nominate and discharge the manager for cause;

14)   will appoint auxiliary committees that are considered necessary;

15)   establish the fines for lack of payment of fees or for violations of this regime;

16)   manage all the condominium’s funds through a chequing account in the name of “BIRDS OF PARADISE” and from which the manager can write cheques either co-signed by one (1) director or signed by two (2) directors, each cheque requiring two signatures.

17)   Establish the rules for the use of the common areas, especially the pool area, to maintain safety, order, and allow its enjoyment by the condominium owners, guests, visitors, and tenants;

18)   Authorize the manager to hire a company specialized in leasing or in running the units as a hotel with all its services, so that this company can provide these services through a rental pool to those owners that openly request that their specialized unit, with their inherent rights, be rented or exploited for hotel use by the specialized company, according to the terms stipulated in Article Twenty three of this Regime;

19)   Authorize and supervise the work of the management company. The said company will have, among others, tasks such as maintenance of the common areas, directly or by subcontracting specialized personnel in areas such as security, gardening, cleaning of the common areas, payment of condominium taxes and the hiring of the rental pool manager, as well as of the company that will provide cleaning and maintenance services, transportation, laundry, and any other service that the owners, guests, and tenants request

20)   In general, will carry out all the agreements commissioned by the Board of Directors.

 

ARTICLE FIFTY-SIX  –  PAYMENT OF INSURANCE, PAYROLL, AND MAINTENANCE FEES

The manager will pay the costs of improvements and maintenance of the common areas, as well as payrolls, insurance premiums and other costs necessary in which the funds will come from the fees paid by the condominium owners.

 

ARTICLE FIFTY-SEVEN  –  RESERVE FUND

In case of surplus, the fees for the succeeding year may be reduced. A reserve fund will be established within the annual budget, which will be used when deemed necessary by the assembly, for any abnormal repairs or replacements.

 

ARTICLE FIFTY- EIGHT  –  EMERGENCY FEES

In case of dire emergency, the Board of Directors can establish additional fees, only when the reserve fund is unable to cover certain emergency expenses for maintenance and repairs.

 

 

ARTICLE FIFTY-NINE  –  PLACE FOR HOLDING BOARD MEETINGS

Meetings will take place in the condominium installations or in any designated place or area decided on by the Board of Directors or by the express consent of all the members.

 

ARTICLE SIXTY  –  QUORUM FOR BOARD MEETING

 

It is considered a quorum if there is a majority of members of the Board of Directors present, either in person or by electronic communication.

 

ARTICLE SIXTY-ONE  –  VOTE OF EVERY MEMBER

Every member will have the right to vote at every session.

ARTICLE SIXTY-TWO  –  PRESIDING THE MEETING

The Chairperson of the Board of Directors will be the first executive of the condominium, and will be subordinated to the Board’s control and to the Assembly General. He/she will preside over the meetings that take place.

 

ARTICLE SIXTY-THREE  –  CONDOMINIUM BOOKS

The Secretary will manage the condominium’s books, which should be at least three.

1)       the first book will carry the Owner’s Assembly minutes

2)       the second book will carry the Board of Directors’ minutes

3)       the third book will have a copy of the condominium’s monthly statements of receipts and expenditures. The books should be kept in the main office or in any place of the complex. In all the minutes of the meetings of the Board of Directors, the date and place of the meeting would be specified, the fact that the meeting was ordinary or extraordinary, the summons and notifications, the attendance list, the votes, and any other information that takes place in the meeting.

 

ARTICLE SIXTY-FOUR   –   RESPONSIBILITIES OF THE TREASURER

The treasurer will oversee, monitor, and ensure the management company’s activities regarding disbursements, financial statements and budgets, and items specifically approved by the Board.

 

CHAPTER IX

CONTROVERSIES

 

ARTICLE SIXTY-FIVE  –  SOLUTIONS TO RESOLVE DISAGREEMENTS AMONG CONDOMINIUM OWNERS

When disputes arise between residents regarding their respective rights to use their private units and the use of the common property, the cases will be resolved by using the following rules:

1)       disputes among residents will be subject to the Administration Board’s arbitration.

2)       The State’s Civil Procedure Code is complimentary in these negotiations.

3)       Further controversies that might arise will be aired out before an immediate judge of the district of Chapala, Jalisco.

 

CHAPTER X

DESTRUCTION AND EXTINCTION

ARTICLE SIXTY-SIX  –  DESTRUCTION OF THE BUILDINGS

If the building affects the condominium’s regulations and if it is destroyed in its entirety or just a portion that represents at least ¾ of its value, any resident can ask for the division of the common property in agreement with the general provisions about co-ownership. If the destruction doesn’t reach that level of severity indicated, its reconstruction will be discussed and voted upon by a special assembly. Those residents resulting to be a minority are forced to contribute in the reconstruction in the proportion that corresponds to them, or to sell their rights to the majority, and these rights will be determined by an expert evaluation. The above rules apply in case of bankruptcy or incapability to operate the construction.