If you got a judgement like that fabulous as I have not seen it cannot say why the judge decided that. Here are a couple clips form the Jalisco Civil law. Sorry for the Spanish
Clarification- One thing is to be a member of an A.C. that governs the development and another thing is to be obligated toand pay dues abide by rules and bylaws or the A.C. because you live a a development.
How members join and excluded or separate.
1) When you become member:
Artículo 172.- Cuando varias personas convienen en reunirse, de manera que no sea enteramente transitoria, para realizar un fin común que no esté prohibido por la ley y que no tenga carácter preponderantemente económico, constituyen una asociación.
So I interpret this that you can join if you want. Now if the rules are approved by Municipality a judge could judge you are an automatic member?
A good idea is when a new member joins all is usually happy and Before services are turned on have them sign a contract with the Association which then will be approved by the assembly at the first meeting.
This does not mean you do not have top pay dues or obey the rules you just don't get to vote in the fun meetings
Actually legally if you receive services you must pay for them. As discussed I do not know any criminal law against shutting off water but on the other hand I do see criminal possibilities against people who get water and take actions not to pay.
2) Artículo 181.- La asamblea general resolverá:
I. Sobre la admisión y exclusión de asociados;
So this states that the assembly will decide on the admision or exclusion of members.
3) Artículo 184.- Los miembros de la asociación tendrán derecho de separarse de ella, previo aviso dado con dos meses de anticipación.
Members will have the right to separate with two months notice.
For the legal minds here I see a difference between excluded ( when you kick them out ) or when they voluntarily separate. I
I hope I am helping the ones that are paying and not giving ideas to the deadbeats....
This is not legal advise.....
The options for compliance.
Legally the civil code requires that the seller have a No debt letter for water supply. New construction permits should be in accordance with legal rules.
Water restriction.
Rules approved and published as municipal law where fines and can be applied. This should obligate the Municipality to at least help with enforcement.
I am looking at a new option for new developments that would link there ownership to compliance, but it not not that easy.