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Definition of the word "condo".


ccw
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The legal meaning in Mexico is used to describe a private development where the streets, common areas are owned by the Owners " condominos". Most or all services are the condos responsibility.

Rules and fees are more easily enforced. Can legally restrict access. Sometimes higher fees.

 

A Normal Fraccionamiento / Normal Development the streets and usually all or most services are public.  Most larger developments are Fraccionamientos.

 

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In Mexico a condominium regime can mean many things. The primary feature is that they can restrict all traffic, many private fracs are unable to this, because of public road access. The condo I live in has some very large houses, all stand alone and are thousands of sq. ft, covering perhaps three lots. Many of them were built in the late seventies, when they were the big style in US suburbs then. A lot of the history of them is at least a little bit racist as far as I am concerned, the books and books of enforceable rules (what color you can paint your door -say what now!) were to keep these areas unattractive to Blacks and Hispanics. Sorry -but it is true -look it up. In Mexico, HOAs and condo associations have far less power.

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I tend to look at it this way, and correct me if I am wrong.

1. There are condominium buildings which can be many units in 1 or more buildings with common areas, i.e. the one under construction near Plaza La Huerta, west Ajijic.

2.  First the one where the entire condo site, i.e. the land, is owned by the condo association including the roads, and these are usually gated.  No one is allowed in unless they are owners.  You basically own the land your house is on, plus your house and a share in the common areas, which includes streets and other common facilities, i.e. swimming pool, etc.  e.g. Los Sabinos.

3.  A Fracionamiento, where the streets continue to be owned by the municipality but the Fracc. has to maintain.  The owners own the land their house is on, plus the house, and a share of the common elements, which could be pool, gym, etc.  Sometimes gated, sometimes not, e.g. Raquet Club, gated but the public has a right of entry to access the restaurants up there.  Another example, La Floresta, but it is not gated.

Hope this helps and anyone correct me if I have stated anything incorrectly.

 

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Arroyos    18

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"2.  First the one where the entire condo site, i.e. the land, is owned by the condo association including the roads, and these are usually gated.  No one is allowed in unless they are owners.  You basically own the land your house is on, plus your house and a share in the common areas, which includes streets and other common facilities, i.e. swimming pool, etc.  e.g. Los Sabinos."

 

Many/most "Privadas" [gated guarded communities] in Mexico have no HOA [condo association] and the owners of their lots and houses only own their own property within the walls. The common áreas, streets, guest parking áreas, playground, fountains, pool, walls, security booths, wáter tanks, security guards, gardeners etc. are owned and operated by the developer and each lot/house pays a yearly fee for this and the services. Makes it a lot less complicated IMO.

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7 hours ago, AlanMexicali said:

Many/most "Privadas" [gated guarded communities] in Mexico have no HOA [condo association] and the owners of their lots and houses only own their own property within the walls. The common áreas, streets, guest parking áreas, playground, fountains, pool, walls, security booths, wáter tanks, security guards, gardeners etc. are owned and operated by the developer and each lot/house pays a yearly fee for this and the services. Makes it a lot less complicated IMO.

Condominio is a legal structure, but Arroyos description is pretty accurate.  The problem with the above is it is not true that the developer owns anything.  Once the developer registers the development as a Condominio all he owns are the unsold lots, and the common areas are owned in common by all of the lots/homes.  The developer normally administers the property, for a fee, until the lots are sold and then the homeowners elect their Board to administer the property and share the cost based on a % of ownership.  Los Sabinos is a perfect example as the developer no longer has anything to do with the development.

 

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22 hours ago, ccw said:

Hi All.

When I look at rental properties, I see the word "condo" used a lot. The pictures look like one story small houses side by side with a common area. Is that correct?

Thanks.

One of the biggest differences in a Condo and a frac is that condos own the streets. If you own the streets you can close them and put up gates or guards to control entry. So look where there are gates on the roads, Racket Club, Chula Vista Norte, Vista Allegre, Los Arroyos, Los Olivos, Ceilo Vista, Palomar  these are condos. You don't have to gate and control the streets but you have to keep them up yourself. That's no different than anywhere else in Lakeside. Many fracs have tired of begging and cajoling the municipality and started repairing their own pot holes.  The condo form of ownership is uised to control the area immediate to your home as there are no zoning laws in Mexico. Condos come in all sizes from 6 or seven homes to several hundred. The Eldorado mid-rise is a condo as well as the midrise above the village up the mountian. Mantainence fees can be paid monthly, every 6 months or annually depending on the unit. These fees go fund common area mantainence, entry control cost electricity for street lights and range from $250 MN month to $1000 MN per month.

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Is Mirasol a condominio? They restrict street access. Also, can an owner deny a renter of another property within a condo complex of parking on the street in front of a house they are not renting? (Ref: An odd situation that came up in Mirasol many years ago, where a tenant had to park across the street to allow construction vehicles access to the rented property, but was told by the owner of the house across the street that he owned the street and the tenant could not park there for even the 2 hours the contractors were there.)

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31 minutes ago, Aquaponicsman said:

Is Mirasol a condominio? They restrict street access. Also, can an owner deny a renter of another property within a condo complex of parking on the street in front of a house they are not renting? (Ref: An odd situation that came up in Mirasol many years ago, where a tenant had to park across the street to allow construction vehicles access to the rented property, but was told by the owner of the house across the street that he owned the street and the tenant could not park there for even the 2 hours the contractors were there.)

Mirasol must be a condominium because it is gated. In many condos the street in front of your house is deeded to the home owner th the halfway mark or all the way across if no house across the street. The home owner pays the tax on this ground. So it may be legal to tell someone they can't park there but it isn't being a very good neighbor.

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19 hours ago, CHILLIN said:

In Mexico a condominium regime can mean many things. The primary feature is that they can restrict all traffic, many private fracs are unable to this, because of public road access. The condo I live in has some very large houses, all stand alone and are thousands of sq. ft, covering perhaps three lots. Many of them were built in the late seventies, when they were the big style in US suburbs then. A lot of the history of them is at least a little bit racist as far as I am concerned, the books and books of enforceable rules (what color you can paint your door -say what now!) were to keep these areas unattractive to Blacks and Hispanics. Sorry -but it is true -look it up. In Mexico, HOAs and condo associations have far less power.

Do you know what color it is that can repell these blacks? We can sell it in most cities in the USA as it would prevent about 90% of home invaisions and burgularies. Actually it is illegal to refuse to sell or even show real estate to anyone based on race in all states of the USA. 

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5 hours ago, geeser said:

One of the biggest differences in a Condo and a frac is that condos own the streets. If you own the streets you can close them and put up gates or guards to control entry. So look where there are gates on the roads, Racket Club, Chula Vista Norte, Vista Allegre, Los Arroyos, Los Olivos, Ceilo Vista, Palomar  these are condos. You don't have to gate and control the streets but you have to keep them up yourself. That's no different than anywhere else in Lakeside. Many fracs have tired of begging and cajoling the municipality and started repairing their own pot holes.  The condo form of ownership is uised to control the area immediate to your home as there are no zoning laws in Mexico. Condos come in all sizes from 6 or seven homes to several hundred. The Eldorado mid-rise is a condo as well as the midrise above the village up the mountian. Mantainence fees can be paid monthly, every 6 months or annually depending on the unit. These fees go fund common area mantainence, entry control cost electricity for street lights and range from $250 MN month to $1000 MN per month.

The above is not entirely accurate. Gates are not a hard and fast rule for determining if a development is a condominio or a fracionamiento.  For example, Chula Vista Norte is not a condo is it a fracionamiento. Although it has gates, it does not own the streets and access is not denied to anyone wishing to enter. One arrives at the gates and they are immediately opened. The municipio owns the streets so access cannot be prevented. Similarly, as noted in a previous post, Racquet Club is also a fracionamiento not a codominio. I'm not absolutely certain, but I believe that Mirasol is also a fracionamiento. Vista Alegre, Cielo Vista and Los Arroyos are condominio. They own the streets, have gates and control access.  The others I can't say for certain.

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A far as I know in a "fracionamiento" the house lot extends 1/2 way into the street and the municipality charges you to resurface 1/2 of the street in front of your house and you maintain your sidewalk, if there is one. You don´t own anything else common in the "escritura" [property title] . In a "condominio" you own your lot and a percentage of the property and all that is on the property except other lots and their houses in the "escritura".

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30 minutes ago, AlanMexicali said:

A far as I know in a "fraccionamiento" the house lot extends 1/2 way into the street and the municipality charges you to resurface 1/2 of the street in front of your house and you maintain your sidewalk, if there is one. You don´t own anything else common in the "escritura" [property title] . In a "condominio" you own your lot and a percentage of the property and all that is on the property except other lots and their houses in the "escritura".

The way I understand it in La Floresta, the land behind the walls are yours, in front belongs to the fracc even though the upkeep is yours. This is why one often sees families picnicking on the front lawns, they can as it is common property.

 

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4 hours ago, conejorapido said:

The above is not entirely accurate. Gates are not a hard and fast rule for determining if a development is a condominio or a fracionamiento.  For example, Chula Vista Norte is not a condo is it a fracionamiento. Although it has gates, it does not own the streets and access is not denied to anyone wishing to enter. One arrives at the gates and they are immediately opened. The municipio owns the streets so access cannot be prevented. Similarly, as noted in a previous post, Racquet Club is also a fracionamiento not a codominio. I'm not absolutely certain, but I believe that Mirasol is also a fracionamiento. Vista Alegre, Cielo Vista and Los Arroyos are condominio. They own the streets, have gates and control access.  The others I can't say for certain.

Remember when Villa Nova had gates and guards. Their attroney advised them that it was illegal even though they let most anyone pass. At that point they got rid of the guards and got rid of the gates. The only certain way to know if frac or condo is to check the deed which clearly spells it out.  

Also remrember that a Frac may stay  in violation of the law for many years untill challenged or their attorney alerts them that they ar ewrong.

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