Internal Condominium Regulations

Public consultation version based on the “Internal Condominium and Administration Regulations.” The construction regulations are separated onto an independent page to facilitate reading. For legal proceedings or effects, the corresponding original document must be consulted.

Chapter I - General provisions

Article 1.-

Pursuant to Articles 896 and 896-Bis of the Civil Code of the State of San Luis Potosí and the other relevant provisions of the current Law on the Condominium Property Regime of the State of San Luis Potosí, these Internal Condominium Regulations are hereby issued for the horizontal condominium located in the housing development known as “Alquerías de Pozos,” the purpose of which is to regulate the constitution, amendment, organization, operation, administration, and termination of the condominium property regime for the immovable property that forms the said development.

Article 2.-

These Regulations are mandatory for all condominium owners, purchasers, or occupants of the housing development known as “Alquerías de Pozos,” under the terms of the Law on the Condominium Property Regime of the State of San Luis Potosí, with the responsibilities and rights established therein and in these Regulations.

Article 3.-

The location of the horizontal condominium and the land on which it is situated, its surface area, measurements, boundaries, general description of the property and specific description of each architectural unit, as well as the rights that each condominium owner has over the individual and common property, are those determined in the deed constituting the condominium regime and, where applicable, in the deed amending the condominium regime.

Chapter II - Individual property and common property

Article 4.-

The condominium as a whole is divided into:

a).- Property considered common property, belonging to all condominium owners; and

b).- Property considered exclusive or individual property.

Common property consists of those items enumerated as such in the Law on the Condominium Property Regime of the State of San Luis Potosí, in these Regulations, in the deed constituting the condominium regime, where applicable, in the deed amending the condominium regime, and, generally, all parts of the property that are not intended for the exclusive use of individual ownership.

Article 5.-

Property considered common property includes:

a).- The land and the subsoil, the latter with the exceptions referred to in Article 784 of the Civil Code of the State of San Luis Potosí; the foundations, structures, load-bearing walls, and the roof of the building, with the sole exception of horizontal condominiums serving exclusively each dwelling unit or commercial unit;

b).- The land, basements, porticos, entrance doors, lobbies, patios, gardens, galleries, corridors, and stairways, provided they are for common use; plazas, walkways, internal streets, sports, recreational, reception, or social gathering facilities, and the spaces designated for vehicle parking, provided such areas are for general use, as well as all other property used in common;

c).- Premises intended for general common-service installations, as well as those intended for administration, concierge service, and accommodation for the doorman and guards, and any others that are unanimously resolved by the owners to be used or enjoyed in common;

d).- Works, installations, equipment, and other items that serve common use or enjoyment, such as lifts, incinerators, stoves, ovens, pumps, and motors; as well as all pipes, sewers, channels, conduits, and wiring for water distribution, drainage, heating, electricity, gas, pits, cisterns, water tanks, systems, and similar items, with the sole exception of those that serve exclusively each dwelling unit or commercial unit;

e).- The foundations, structures, load-bearing walls, roofs, and terraces of general use;

f).- The telephone network, the television antenna network, unless individual installations are chosen;

g).- The exterior facade decoration; and

h).- Any other parts of the property that the condominium owners unanimously resolve to use or enjoy in common.

Article 6.-

Only the adjoining condominium owners shall have common ownership of the walls and other partitions that separate the houses or units belonging to them respectively.

Article 7.-

Property considered exclusive or individual property. Those that belong entirely, individually, and exclusively to each condominium owner, such as their house or unit and any others indicated in the deed constituting the condominium property regime and, where applicable, in the deed amending the condominium regime.

Article 8.-

No condominium owner, regardless of their exclusive property unit, shall have any greater right than the rest of the condominium owners.

Article 9.-

Each owner may use, enjoy, and dispose of the common property, and enjoy and use the general services and installations in accordance with their nature and ordinary purpose, without restricting or making the exercise of the rights of others more burdensome. The condominium owner and their tenant or any other transferee of use shall agree between themselves as to who must comply with obligations to the other condominium owners; the user shall represent the condominium owner before the Condominium Owners’ Assembly that is held, but at all times the condominium owner shall be jointly liable for the user’s obligations.

Article 10.-

Abandonment of, or waiver of use of, certain common property does not release the condominium owner from the obligations imposed in relation thereto by the deed constituting the condominium, where applicable, in the deed amending the condominium regime, the Law on the Condominium Property Regime of the State of San Luis Potosí, these Internal Condominium Regulations, and the corresponding deeds of transfer of ownership.

Chapter III - Rights, obligations, and expenses of condominium owners and occupants

First Section - Rights and obligations of condominium owners and occupants

Article 11.-

Condominium owners may use, enjoy, and dispose of their exclusive property and of the lot or lots of land of which they are owners, having a singular and exclusive right of ownership over them, with the limitations and prohibitions established in the Law on the Condominium Property Regime of the State of San Luis Potosí, in the other applicable laws and regulations, in the deed by which ownership of the condominium is transferred, these Regulations, in the deed constituting the condominium property regime, and, where applicable, in the deed amending the condominium regime.

Article 12.-

The co-ownership right over the common property is inseparable from the individual ownership of each condominium owner, so that such right may only be sold, encumbered, or attached by third parties together with the ownership right that corresponds to each lot and, in turn, this must be sold, encumbered, or attached together with the co-ownership rights over the common parts that it represents.

Article 13.-

The owner of each lot or set of lots may use, enjoy, and dispose of them by selling, encumbering, or leasing them, without the need for the consent of the other condominium owners, and may generally carry out all acts of ownership over their property with the limitations and prohibitions established by the Law on the Condominium Property Regime of San Luis Potosí, these Regulations, the deed constituting the condominium property regime, and, where applicable, the deed amending the condominium regime. When a transfer-of-title contract is entered into in relation to an individual or exclusive ownership unit, the seller must present before a Notary Public a certificate showing no outstanding balance for payment of maintenance and administration fees and the reserve fund, duly signed by the members of the Administration Committee. If the certificate of no outstanding balance is not presented, the Notary shall refrain from carrying out the sale transaction.

Article 14.-

Each condominium owner or occupant shall use their individual or exclusive property in an orderly and peaceful manner and, therefore, may not devote it to uses contrary to morals and good customs, nor perform any act or incur in omissions that disturb the peace of the other condominium owners or occupants, or that compromise the solidity, safety, hygiene, and comfort of the condominium, nor introduce flammable or explosive substances into it.

Article 15.-

Condominium owners or occupants must refrain from carrying out any act, even inside their property, that prevents or makes less effective occupancy, hinders, or makes more difficult the common use of general services and installations.

Article 16.-

The condominium owner may not subdivide the property of their exclusive ownership, nor the lot or lots of their property, without unanimous authorization from the condominium owners.

Article 17.-

The condominium owners have exclusive and separate ownership with respect to the facade portions corresponding to their condominium houses, but they may not paint, decorate, or modify these facades or exterior walls in such a way as to harm the general aesthetics of the horizontal condominium, unless there is an agreement to that effect by the Condominium Owners’ Assembly by a qualified majority of two-thirds of its members.

Second Section - Obligations of condominium owners and occupants

Article 18.-

Condominium owners shall refrain from any act, even inside their property, that causes annoyance or harm to others and shall be obliged to keep in good repair and functioning condition the services and installations that belong to their private unit.

Article 19.-

Condominium owners, and generally the inhabitants of the condominium, may not:

I.- Carry out any act that affects the peace and comfort of the other condominium owners and occupants, or that compromises the stability, safety, hygiene, or comfort of the condominium, nor incur in omissions that produce the same results.

II.- Carry out any act, outside or inside their exclusive ownership unit, that prevents or makes ineffective the operation of common services and general installations, hinders or makes difficult the use of common areas, or puts at risk the safety or peace of the condominium owners or occupants.

III.- Perform works or repairs at night, except in cases of force majeure.

IV.- FELL or transplant trees, change the use or nature of green areas in contravention of what is established in the applicable laws, in the deed constituting the condominium regime, and, where applicable, in the deed amending the condominium regime.

V.- Parking spaces in common-use areas may not be delimited or roofed with any type of material, unless an agreement is reached in general assembly, and

VI.- Keep animals that, by their number, size, or nature, affect the safety, hygiene, or comfort conditions of the condominium or of the condominium owners.

The violator of these provisions, regardless of the sanctions established by this Law, shall be liable for payment of the costs incurred to repair or restore the services and installations concerned, as well as for any resulting damages and losses.

Violations provided for in the state laws or respective municipal regulations of the State of San Luis Potosí, committed in the common areas referred to in section II of this article, shall be sanctioned by the competent authority, under the terms of the aforementioned regulations.

Article 20.-

The spaces intended for vehicle parking must be used by their owners in such a way that they do not exceed their boundaries, and vehicles may also not be parked in the areas intended for circulation.

Article 21.-

Condominium owners shall not do, nor allow to be done by persons who occupy their property permanently or temporarily, anything that may detract from the good appearance or prestige of the condominium.

Article 22.-

Condominium owners are obliged to allow the execution of repairs that are necessary in the common parts of the condominium and, if necessary, in the opinion of the Administrator, they must allow technical contractors and workers responsible for carrying them out access to their exclusive property, especially with regard to installations and conduits that pass through the various exclusive properties.

Article 23.-

No owner or occupant of the property may obstruct the entrances, circulation areas, gardens, and other common places by leaving therein any object that implies a claim to exercise dominion over the common property or areas or that hinders the movement of people or vehicles; nor may these areas be used for playing, skating, riding bicycles, etc., unless they are common areas specifically intended for that purpose, nor may any other activity be carried out that does not correspond to the natural purpose of these parts, as they are intended for common use and may only be used under the terms established in these Regulations.

Article 24.-

The condominium owners or tenants undertake to:

a).- That all trash and waste shall be kept in containers approved by the Administrator, which shall be placed in the designated location for collection in the form, time, and places specified.

b).- That no radio, television, loudspeaker, phonograph, or similar equipment shall operate inside or outside the property in a manner that annoys or disturbs the other condominium owners.

c).- Keep clean the exterior areas adjacent or contiguous to their property and not place objects that may obstruct the use of such areas; and

d).- Use, at their own expense, the fumigation services indicated by the Administrator when required.

Article 25.-

Clothes may only be hung out in the areas designated for that purpose, and in no case shall the use of windows, balconies, or any other place in the condominium not authorized for this purpose be permitted.

Article 26.-

Signs or identification plaques may be placed at the entrances to the apartments, provided they do not protrude from the walls; if the majority of the condominium owners judges that the signs or plaques detract from the appearance of the condominium, they must be removed or changed.

Article 27.-

Every condominium owner or occupant shall be obliged to inform the Administrator, as soon as possible, of the convenience or need for repairs which, in their opinion, are most appropriate for the operation of the condominium, so that said Administrator may bring them to the attention of the Condominium Owners’ Assembly.

Article 28.-

Condominium owners who are financed by official agencies or entities must personally occupy their houses or units for as long as the outstanding credit remains, and shall be directly responsible for carrying out and complying with the burdens and conditions imposed by these Regulations and by the deed through which ownership in condominium is transferred to them.

Third Section - Condominium expenses

Article 29.-

Failure to comply with what is provided in the preceding section of these Regulations shall obligate the violator of these provisions to pay the costs incurred to repair or restore the services and installations concerned; furthermore, they shall be responsible for payment of the damages and losses resulting therefrom, in the manner established by the Condominium Owners’ Assembly.

Article 30.-

Damage to common parts caused by condominium owners or persons occupying the property shall be repaired by them or by the Administrator at the expense of the corresponding owner.

Article 31.-

Condominium owners shall pay, independently of the property tax corresponding to their individual property, the share corresponding to them with respect to the common property, as well as any other taxes or duties that affect them as liable parties by reason of the condominium.

Article 32.-

Likewise, each condominium owner shall pay independently for electricity, telephone, gas, and any other services used exclusively by them.

Article 33.-

Each condominium owner undertakes to contribute to the payment of common charges, based on the percentage corresponding to them over the common property as specified in the deed constituting the condominium regime and, where applicable, in the deed amending the condominium regime, in accordance with the budget prepared by the Condominium Owners’ Assembly and in the manner it determines for payment.

Article 34.-

Every condominium owner shall be obliged to contribute to common expenses, for which purpose a fund shall be established for maintenance and administration expenses and another reserve fund for the acquisition or replacement of implements and machinery that the condominium must have. Such funds shall be established by the Condominium Owners’ Assembly.

Article 35.-

Common charges are:

a).- Taxes, duties, and non-individual contributions for which the condominium owners are collectively liable.

b).- Conservation and repair expenses of any kind required by the various common property parts of the property.

c).- Wages, benefits, and bonuses of personnel serving the common interests of the property.

d).- General expenses and water and lighting expenses of all common parts.

e).- Expenditures for utensils necessary for the conservation, cleaning, and service of the property; and

f).- In general, all those determined by the Law on the Condominium Property Regime of the State of San Luis Potosí, these Internal Regulations, and those agreed by the Condominium Owners’ Assembly.

Article 36.-

The works necessary to keep the condominium in good repair and to ensure that the services operate effectively shall be ordered by the Condominium Administrator, without the need for prior agreement by the condominium owners, charged to the approved expenses budget.

Article 37.-

When the budget determined by the Condominium Owners’ Assembly is insufficient to cover the payments referred to in the preceding article, the Administrator shall convene the Condominium Owners’ Assembly so that it may decide what is appropriate.

Article 38.-

The repair of hidden defects whose remedy cannot be demanded from another person shall be paid for by the condominium owners in the proportion corresponding to each one according to the deed constituting the condominium regime, or where applicable, in the deed amending the condominium regime, and the repair must be approved by majority vote of the Condominium Owners’ Assembly.

Article 39.-

Expenses that, while not necessary, increase the value of the condominium and those that improve its appearance and comfort may only be made with prior authorization from at least two-thirds of the condominium owners.

Article 40.-

Common-expense quotas generated in charge of each condominium owner or occupant and not paid timely on the dates fixed by the Condominium Owners’ Assembly shall accrue interest at the rate set by the Condominium Owners’ Assembly, which may not exceed the benchmark reference rate published by the Bank of Mexico.

Article 41.-

In the event that a condominium owner increases the common charges for their own benefit, they alone shall bear such increase, for which purpose the Administrator shall demand payment in accordance with the provisions of the sanctions chapter.

Article 42.-

The condominium owner who fails to comply with any of the obligations under their charge shall be liable for the damages and losses they cause to the other condominium owners.

Article 43.-

Subject to prior agreement of the Condominium Owners’ Assembly, agreements may be entered into with the competent authorities to establish control and surveillance services in gardens, parks, roads, plazas, parking lots, and other areas that form part of the common-use zones and elements, without this preventing the Assembly itself from contracting professional services for these purposes.

Article 44.-

When, due to urban development needs, the opening of a public roadway, gardens, parks, urban equipment, and services in an area of the condominium is required, the public administration must enter into an agreement with the condominium for the use and enjoyment of common areas, without impairing their ownership, requiring authorization from the Extraordinary General Assembly, which must be attended by a simple majority of the condominium owners, and approval must be obtained from a minimum number of votes representing at least seventy-five percent of the total value of the condominium and the simple majority of the total number of condominium owners.

Fourth Section - Encumbrances

Article 45.-

Each owner shall be liable only for the encumbrance corresponding to their property.

Article 46.-

Any clause establishing joint or several liability of the owners for an encumbrance prior to the sale shall be deemed invalid.

Chapter IV - Assemblies

First Section - Ordinary and extraordinary general assemblies

Article 47.-

The General Condominium Owners’ Assembly is the supreme body of the condominium.

Article 48.-

By their nature, General Assemblies may be ordinary or extraordinary, and they shall meet to address, among other matters, the following:

I.- Ordinary General Assemblies shall be held every three months, with the purpose of reporting on the status of condominium administration, as well as deciding on matters concerning it.

II.- Extraordinary General Assemblies shall be held when there are urgent matters to address, or when the following matters are involved: any amendment to the deed constituting the condominium regime or its regulations; voluntary termination of the regime; carrying out new works; when the municipal public administration requests an agreement for a common area to be used as public; and to decide accordingly in the event of destruction, ruin, or reconstruction.

Article 49.-

Other types of Assemblies may also be held, always subject to the General Assembly, and they shall be governed in accordance with what the Law and these Regulations establish, such as:

I.- Administrators’ Assemblies, which shall be held in the case of a condominium complex to address matters relating to the common-use property of the complex, and which shall be convened by its Administration Committee.

Article 50.-

General Assemblies shall be governed by the following provisions.

I.- They shall be convened and chaired by the Administrator. In the absence of the Administrator, they shall be chaired by the person designated by the Assembly, and shall have a Secretary and tellers appointed by the Assembly itself.

II.- Assembly resolutions shall be adopted by a simple majority of votes of the condominium owners present, except in cases where the Law, the deed constituting the condominium regime, the deed amending the condominium regime, or these Regulations establish a special majority.

III.- For voting in Assembly, each condominium owner shall have one vote per exclusive ownership unit; except for those resolutions in which the Law, the deed constituting the condominium regime, the deed amending the condominium regime, or these Regulations establish voting in relation to the value of the property, in which case each condominium owner shall have a number of votes equal to the undivided percentage that their exclusive ownership unit represents in the total value of the condominium established in the deed constituting the condominium regime or in the deed amending the condominium regime.

IV.- In cases of election, reelection, or removal of the Administrator or of the members of the Surveillance Committee, each exclusive ownership unit shall have one vote when dealing with residential condominiums or mixed-use condominiums with residential use. In condominiums for commercial, industrial, or mixed use without residential use, voting shall be according to their undivided share.

V.- Voting shall be nominal and direct.

VI.- Condominium owners may be represented through an attorney-in-fact, but in no case may one person represent more than two exclusive ownership units. Likewise, in no case may the Administrator represent any condominium owner. At the beginning of the Assembly, the representative of a condominium owner must prove their status before the person acting as Secretary by presenting a general or special power of attorney, or a simple letter of authorization signed before two witnesses.

VI.- When a condominium owner is appointed Administrator, member of the Administration Committee, or member of the Surveillance Committee, they must prove that they are current in the payment of their maintenance and administration fees and reserve fund contributions.

VII.- In cases where only one condominium owner represents more than fifty percent of the votes and the remaining condominium owners do not attend the General Assembly, after notice of the call in accordance with the Law, the Assembly may be held under the terms of Section IV of Article 35 of the Law on the Condominium Property Regime of the State of San Luis Potosí.

VIII.- When a single condominium owner represents more than fifty percent of the votes and the rest of the total value of the condominium votes attend, at least half of the remaining votes shall be required for the resolutions to be valid. If at least seventy-five percent of the total value of the condominium does not attend, a second call to a General Assembly shall proceed, in which at least seventy-five percent of the votes of those attending shall be required for the resolutions to be valid. When no valid agreement is reached, the majority condominium owner or the minority group may submit their disagreement under the terms of Title Four, Chapter IV of the Law on the Condominium Property Regime of the State of San Luis Potosí.

IX.- The Secretary of the Assembly shall transcribe the minutes thereof in the minute book duly authorized for that purpose by the competent area of the Municipal Government. The minutes shall be validated by the Secretary themselves, the tellers, and, if they attend, by the members of the Surveillance Committee.

X.- The Administrator shall always keep the minute book available for inspection by the condominium owners and shall inform each of them in writing of the resolutions adopted by the Assembly. If the resolution of the General Assembly

a).- amends the deed constituting the condominium regime and, where applicable, the deed amending the condominium regime, the corresponding minutes must be notarized before a Notary Public and recorded in the Public Registry of Property and Commerce of the State of San Luis Potosí, and

b).- amends the Regulations, the corresponding minutes must be notarized before a Notary Public.

Second Section - Notices of assembly

Article 51.-

Notices for the holding of General Assemblies shall be issued in accordance with the following provisions.

I.- The notice shall indicate the type of Assembly concerned, the place where it will be held, the date and time it will take place, the agenda, and the name of the person signing the notice. Likewise, a single notice may provide for the holding of an Assembly, whether on First, Second, or Third call, within the periods and time frames established in the second paragraph of Section IV of Article 35 of the Law on the Condominium Property Regime of the State of San Luis Potosí.

II.- Condominium owners or their representatives shall be notified in writing of the holding of the Assembly, at the place they have indicated for that purpose before the administration. Likewise, the person convening the Assembly shall post the notice in one or more visible places in the condominium. Notwithstanding the foregoing, notices may be published in the Official Gazette or in one of the newspapers of widest circulation in San Luis Potosí, State of the same name.

III.- Assemblies may be convened, in accordance with what the Law establishes.

a).- The Administrator.

b).- The Surveillance Committee.

c).- At least twenty-five percent of the total condominium owners.

d).- In the absence of the Administrator or if the Administrator refuses to convene it, by at least two condominium owners.

IV.- When an Assembly is held pursuant to the first notice, attendance of seventy-five percent of the condominium owners shall be required. When held on second notice, the quorum shall be formed by a simple majority of the total condominium owners. In the case of a third notice, the Assembly shall be legally constituted with the condominium owners who attend, except when only one attends, and resolutions shall be adopted by the majority of those present, and shall be binding on all condominium owners, including those who did not attend the Assembly. Between the first notice and the date of the corresponding Assembly, a period of not less than ten calendar days must elapse. Between the second notice and the date of the corresponding Assembly, a minimum period of two hours must elapse. Between the third notice and the date of the corresponding Assembly, at least one hour’s prior notice shall elapse.

V.- In cases of extreme urgency established in the Regulations, notices for Assemblies shall be issued with the advance notice required by the circumstances, and otherwise shall remain subject to the provisions of the Law and these Regulations.

VI.- When, by reason of the importance of the matters to be addressed in the Assembly, it is deemed necessary, the Administrator or at least twenty-five percent of the condominium owners may request the presence of a Notary Public or a representative of the Municipality.

VII.- In the case of Extraordinary General Assemblies referred to in Section II of Article 48 of these Regulations, the rules for establishing quorum and voting thereat shall be subject to the provisions established in each case by the corresponding articles thereof.

Third Section - Powers of the assemblies

Article 52.-

The General Assembly shall have the following powers:

I.- To amend the deed constituting the condominium regime, where applicable, the deed reforming the condominium regime, as well as to approve or amend the Condominium Regulations. II.- To freely appoint and remove the Administrator or Administrators, under the terms of the Law, the constitutive deed, where applicable, the deed amending the regime, and these Internal Regulations.

III.- To establish the remuneration of the Administrator.

IV.- To define the obligations and powers of the Administrator vis-à-vis third parties, and the necessary ones with respect to condominium owners, in accordance with the constitutive deed, where applicable, the deed amending the regime, and these Internal Condominium Regulations.

V.- To establish the fees payable by the condominium owners, determining for this purpose the collection system or scheme deemed most suitable and efficient according to the characteristics of the condominium. Likewise, to set the default interest rates that condominium owners must pay in the event of nonpayment of fees, which may not exceed the benchmark reference rate published by the Bank of Mexico.

VI.- To appoint and remove the members of the Surveillance Committee.

VII.- To decide on the type and amount of the guarantee that the Administrator must provide with respect to the faithful performance of their duties and the handling of the funds under their care.

VIII.- To examine and, where appropriate, approve the account statements submitted by the Administrator for consideration, as well as the annual activity report rendered by the Surveillance Committee.

IX.- To discuss and, where appropriate, approve the budget of expenses for the following year.

X.- To instruct the Surveillance Committee or the person designated to proceed before the competent authorities when the Administrator or Administrators violate the Law, these internal condominium regulations, the deed constituting the condominium regime, where applicable, the deed amending the condominium regime, and any applicable legal provisions.

XI.- To adopt the appropriate measures regarding matters of common interest that are not included within the functions granted to the Administrator; and

XII.- Any others conferred by the Law, these Internal Regulations, the deed constituting the condominium regime, the deed amending the condominium regime, and other applicable provisions.

Article 53.-

The condominium owners’ voting rights shall be suspended, while always retaining the right to speak, subject to prior notice to the interested party so that they may state whatever is appropriate to their rights and subject to approval of the General Assembly, in the following cases:

I.- For failure to pay two or more installments into the maintenance and administration fund and the reserve fund.

II.- Failure to pay two or more extraordinary fees within the established time limits, or

III.- When, by judgment of the duly final municipal or judicial authority, payment of damages in favor of the condominium has been ordered and has not been paid. In these cases, the respective votes shall not be considered in determining the quorum for the Assembly’s constitution.

Chapter V - Condominium administration

First Section - Members of the administration and surveillance committees

Article 54.-

Administration of the common-use property shall be entrusted to an Administration Committee, which shall be composed of:

a).- An Administrator.

b).- A Secretary.

c).- A Treasurer.

Article 55.-

The Administrator is the natural or legal person appointed by the Condominium Owners’ Assembly to administer the condominium.

Article 56.-

To serve as Administrator, the following are required:

I.- In the case of a natural person and being a condominium owner, they must prove that their fees are up to date; and

II.- Prove experience in condominium administration, whether the person is a natural or legal person. In both cases, they shall have a maximum period of thirty days following their appointment to attend the training or updating course provided by the corresponding City Council.

Article 57.-

The appointment of the Administrator must be submitted for registration before the competent offices of the corresponding Municipal Government within three business days following their appointment. The Municipal Government shall issue such registration within a period of ten business days, which shall have full validity against third parties and the corresponding authorities, in accordance with the Law on the Condominium Property Regime of the State of San Luis Potosí.

Article 58.-

The Administrator’s remuneration shall be determined by the Condominium Owners’ Assembly.

Article 59.-

The Administrator shall serve for a term of one year; however, they shall remain in office until their successor has been appointed and has taken office. The Administrator may be reelected for another term of equal duration, by the respective decision of the Condominium Owners’ Assembly. If the Administrator is a condominium owner, their term shall be one year, and reelection shall be possible for only one additional consecutive term. They may also be elected again in later non-consecutive terms.

Article 60.-

Upon completion of their term of office, the Administrator shall hand it over to the person who must replace them, together with all documents, which must include, among others, account statements, valuables, movable property, immovable property, and other assets under their custody and responsibility, and a detailed record of such handover and acceptance shall be drawn up. In the same Condominium Owners’ Assembly at which the replacement of the Administrator was agreed, or in a later Assembly, the accounts delivered by the outgoing Administrator may be examined, and they must be approved or, otherwise, the corresponding liability shall be demanded by majority vote of the condominium owners present. If the newly elected Administrator does not appear to receive the documentation and corresponding assets, an urgent Condominium Owners’ Assembly shall be convened so that it may designate the person who must receive the documentation and corresponding assets from the outgoing Administrator. In this same Condominium Owners’ Assembly or in a later Assembly, the accounts delivered by the outgoing Administrator may be examined, and they must be approved or, otherwise, the corresponding liability shall be demanded by majority vote of the condominium owners present.

Article 61.-

The measures adopted and provisions issued by the Administrator are binding on all condominium owners, unless in an Assembly the condominium owners representing two-thirds of the total amend or revoke them.

Article 62.-

It is the responsibility of the Administrator:

1).- To keep the Assembly minute book, duly authorized by the competent area of the Municipal Government.

2).- To provide a copy of these Regulations to each condominium owner or tenant.

3).- To provide security, to the satisfaction of and in the manner determined by the Condominium Owners’ Assembly, for the management of the administration.

4).- To be responsible to the condominium owners for damages and losses caused by mismanagement of the administration.

5).- To immediately inform of any matter related to the condominium property that has been agreed upon by the Condominium Owners’ Assembly.

6).- To care for and oversee the condominium property and common services and promote the integration, organization, and development of the community formed by the owners and occupants of the condominium.

7).- To collect and keep the books and documentation related to the condominium.

8).- To address complaints expressed by condominium owners regarding the proper and efficient operation of the facilities and general services, and, where appropriate, to bring them to the attention of the Condominium Owners’ Assembly.

9).- To carry out all acts of administration and conservation necessary for the condominium in its common areas; as well as to contract the supply of electrical energy and other goods required for services, installations, and common areas, dividing among the condominium owners the cost of electrical energy consumption in accordance with what is established in these Regulations.

10).- To carry out the works necessary to keep the condominium in good condition of safety, stability, and conservation, so that the services function normally and effectively.

11).- To execute the agreements adopted by the Condominium Owners’ Assembly, unless it appoints other persons for that purpose.

12).- To collect from the condominium owners what each must contribute to the maintenance, administration, and reserve funds, as well as extraordinary fees, in accordance with the procedures and periodicity established by the Condominium Owners’ Assembly.

13).- To pay the maintenance and administration expenses of the condominium, charged to the corresponding fund.

14).- To issue a receipt for any payment delivered to them, as well as to verify that the respective receipts are delivered to the condominium owners or occupants for the amounts each has contributed to the maintenance, administration, and reserve funds.

15).- To maintain a record of the expenses charged to the maintenance and administration fund.

16).- To keep a record showing the amounts of contributions and fees pending payment, which must show the outstanding balance.

17).- To deliver monthly to each condominium owner, obtaining acknowledgment of receipt, an account statement of the condominium that must contain:

a).- A detailed record of income and expenses for the previous month.

b).- The consolidated status of contributions and fees pending payment.

c).- A statement showing the balance and the purposes for which the funds will be allocated during the following month.

18).- A statement of the balance of bank accounts, of funds in investments, with mention of interest.

19).- Each condominium owner shall have a period of eight days counted from delivery of such documentation to make the observations or objections they deem pertinent. Once such period has elapsed, they shall be deemed to agree with it, subject to approval by the Condominium Owners’ Assembly under the terms of Section VIII of the Law on the Condominium Property Regime of the State of San Luis Potosí.

20).- To convene Condominium Owners’ Assemblies at least ten days in advance, indicating in the respective notices the place, date, time, and agenda.

21).- To notify in writing the condominium owners or their representatives of the holding of the Condominium Owners’ Assembly at the place designated for that purpose.

22).- To post the notice for the holding of the Condominium Owners’ Assembly in one or more visible places in the condominium.

23).- To represent the condominium owners in contracts with third parties for the leasing, gratuitous use, or commercial use of common property premises, spaces, or installations, in accordance with the relevant laws and these Regulations.

24).- To ensure, with due observance of the applicable legal provisions, compliance with these Regulations, the deed by which ownership is transferred to the condominium owners, the deed constituting the condominium regime, and, where applicable, the deed amending the condominium regime.

25).- To demand, on behalf of the other condominium owners, compliance with the provisions of the Law and the Regulations, requesting, where appropriate, the support of the corresponding authority.

26).- To provide condominium owners who request it with a signed copy of the minutes of the Assemblies held by the condominium owners; and

27).- With respect to the common property of the condominium, the Administrator shall enjoy the powers and faculties conferred upon them by the Condominium Owners’ Assembly that approves their appointment.

28).- To comply with the provisions issued by the Civil Protection Law and its Regulations.

29).- To initiate, subject to prior authorization from the Condominium Owners’ Assembly, the administrative or judicial proceedings that may apply against condominium owners who repeatedly fail to comply with their obligations and incur violations of the Law, the deed constituting the condominium regime, the deed amending the condominium regime, and these Regulations.

30).- To perform the other functions assigned to them by the Condominium Owners’ Assembly, as well as to comply with the obligations imposed upon them by the applicable laws on the matter and these Internal Condominium Regulations.

Article 63.-

The Administrator may be freely removed by the Condominium Owners’ Assembly, by agreement of two-thirds of the condominium owners, when they fail to comply with any of their obligations, due to absence, or due to temporary or permanent incapacity that prevents effective fulfillment of their obligations.

Article 64.-

The Administrator shall be jointly liable with those who preceded them for any irregularities committed by the latter, if, knowing of them, they do not report them to the Condominium Owners’ Assembly, which they must immediately convene for that purpose.

Article 65.-

The Secretary of the Administration Committee shall act in that capacity in the Condominium Owners’ Assemblies and shall be responsible for the administrative activities related to updating and handling the assembly minute books, creditors’ books, files, and other documents necessary for the proper functioning of the administration. In the Secretary’s absence, the office shall be performed by the person chosen by the majority of the condominium owners gathered in the respective Assembly.

Article 66.-

The Treasurer of the Administration Committee shall be chosen by the majority of the condominium owners gathered in the respective Assembly and shall be responsible for the internal accounting management of the administration, and shall jointly be responsible with the Administrator for keeping the administration’s account statements up to date, without having the ability to dispose of or exercise control over them.

Article 67.-

The Surveillance Committee shall be composed of two up to five condominium owners, depending on the number of exclusive ownership units, from among whom a President and one to four members shall be designated successively, acting collegially. The minority representing at least twenty-five percent of the total number of condominium owners shall have the right to designate one of the members.

Article 68.-

The appointment of the members of the Surveillance Committee shall be for one year, and they shall serve on an honorary basis. Only half of the members of the Surveillance Committee may be reelected for one consecutive term, except for the President, who may under no circumstances be reelected for a consecutive term. The Surveillance Committee shall have the following functions and obligations:

1).- To ascertain that the Administrator complies with the resolutions of the General Assembly.

2).- To oversee that the Administrator carries out the performance of their duties.

3).- To contract and terminate the external professional services referred to in Article 42 of the Law on the Condominium Property Regime of the State of San Luis Potosí, subject to prior authorization of the General Assembly.

4).- Where appropriate, to give its consent for the carrying out of the works referred to in Section I of Article 29 of the Law on the Condominium Property Regime of the State of San Luis Potosí.

5).- To verify and issue opinions on the account statements that the Administrator must submit to the General Assembly.

6).- To confirm and supervise the investment of the funds.

7).- To report to the General Assembly its observations on the administration of the condominium.

8).- To assist the Administrator in making observations to condominium owners regarding compliance with their obligations.

9).- To convene the General Assembly when the condominium owners have requested this of the Administrator and the latter has not done so within three days following the condominium owners’ request. Likewise, when in its judgment it is necessary to inform the General Assembly of irregularities committed by the Administrator, notifying the Administrator so that they may appear before the Assembly.

10).- To request the presence of a representative of the competent area of the Municipality, or of a Notary Public in the cases provided for by Law, or in those it considers necessary, and

11).- Any others arising from the Law and the application of others that impose duties on it, derived from the constitutive deed, the deed amending the regime, and these Regulations.

Chapter VI - Preservation of documentation

Article 69.-

The Administration Committee must keep the condominium documentation in an archive and, where applicable, all those documents considered necessary to prove the proper performance of the administrators’ functions and, in particular, those that serve to prove payments, to offer them as evidence in any type of court proceedings, as well as to make any kind of justifications or clarifications before the condominium owners and any civil or tax authority.

Article 70.-

The condominium documentation must be kept for a period of not less than eleven years, since the statute of limitations for civil actions is ten years.

Chapter VII - Disputes between condominium owners

Article 71.-

Disputes arising between condominium owners in connection with the exercise of their rights in the condominium, or complaints against any condominium owner, must be communicated to the Administrator so that they may attempt to resolve them. If the Administrator fails to resolve the dispute or complaint communicated to them, and if they deem it necessary, it may be brought before the Condominium Owners’ Assembly.

Article 72.-

If it is not possible to resolve the dispute through the Administrator or the Condominium Owners’ Assembly, it shall be submitted to the competent department of the Municipal Government so that it may resolve it, through the conciliation and arbitration mechanisms contemplated in the Law on the Condominium Property Regime of the State of San Luis Potosí.

Chapter VIII - Sanctions

Article 73.-

Payment of the corresponding fees must be made monthly within the first five days of each month, without the need for prior collection. The condominium owner who does not timely pay their fees shall pay 3% monthly interest for the entire period during which they remain in default. Begun months shall be considered as completed, and interest shall continue to accrue while the corresponding fees remain unpaid.

Article 74.-

When a condominium owner falls into default, the Administrator shall distribute the amount of the debt incurred and any further debt accrued among the other condominium owners, in proportion to the value of their properties, until the debt of the condominium owner concerned is fully recovered. Once the amount owed has been recovered, the Administration Committee shall reimburse from such charge the amounts contributed and the recovered interest in the proportional part corresponding to each one. In the event that partial recovery of the debt is obtained, the amount obtained shall likewise be distributed proportionally.

Article 75.-

This entails an action by civil executory proceedings against delinquent condominium owners, to enforce before the competent courts the payment of debts, default interest, and the legal conventional penalty subscribed by the Administrator, accompanied by the corresponding unpaid receipts, a certified copy before a Notary Public of these Regulations and of the minutes of the Condominium Owners’ Assembly in which the fees payable by the condominium owners for the maintenance, administration, and reserve funds were determined.

Article 76.-

The action referred to in the preceding article shall only proceed when there are three ordinary or extraordinary installments pending payment.

Article 77.-

In addition to what is provided in this chapter, the sanctions contemplated in the Law on the Condominium Property Regime of the State of San Luis Potosí shall also apply.

Chapter IX - Destruction and reconstruction of the condominium

Article 78.-

If there is any building subject to the condominium regime and it is totally destroyed by fortuitous event or force majeure, or to an extent representing at least three-quarters of its value, according to an expert appraisal made by the competent authorities or a trust institution, a majority of 51% of the condominium owners may agree, if possible,

(1) Its reconstruction;

(2) The proportional division of the land and the common property corresponding thereto; or, where applicable,

(3) To authorize its sale, in which case the Administration Committee shall be empowered to carry out such sale, under the conditions indicated by the Condominium Owners’ Assembly and in accordance with the applicable legal provisions.

Article 79.-

If the destruction does not reach the severity indicated in the preceding article, the resolutions referred to in the previous article shall also be adopted by a qualified majority of two-thirds of the condominium owners.

Article 80.-

If, in the cases referred to in the preceding articles, the decision is reconstruction, the minority condominium owners shall be obliged to contribute to it in the proportion corresponding to them or to transfer their rights to third parties, if there is sufficient land for a new building. Otherwise, the transfer shall take place in favor of the majority, if the minority agree to it, and it shall be compulsory within six months, at the appraisal price made by a public broker or trust institution, if within said period the minority have not succeeded in doing so.

Chapter X - Amendments to these Regulations

Article 81.-

Any amendment to the deed constituting the condominium regime and its Regulations shall be agreed upon in an Extraordinary General Assembly, which must be attended by at least a simple majority of the condominium owners, and its resolutions shall require a minimum number of votes representing seventy-five percent of the total value of the condominium and the simple majority of the total condominium owners.

Additional provision

Article 83.-

In the event that a condominium owner wishes to sell, donate, etc., their lot or lots, they shall be obliged to:

1.- Notify the Administrator in writing of such circumstances.

2.- Provide the names of the future condominium owners for their registration; and

3.- Present a letter from the future condominium owner(s) accepting these Regulations.