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9 hours ago, AndyPanda said:

I don't know of any fraccs that are surrounded by walls with gates, though.

I like to keep  up with Real Estate Listings in the area and I would really like to see listings defined in some manner as freehold or condo or gated fracc. or ? Or can the fact that it requires H.O.A. fees make it fall into one or the other? All of the following have H.O.A. fees (whatever that signifies) and all are different in style.

Chapala Haciendas is fairly open. Los Sabinos is walled and security gated. La Huerta is walled and gated. Riviera Alta is sort of walled (not at the top) with 24 hour security gated entrance.

 

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One of the differences between a condo and a fracc is the streets in a fracc are owned by the city ( but the city does not maintain them )  Condo streets are owned by the condo. Legally a fracc can't gate their entrance. 

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23 hours ago, Mitch said:

One of the differences between a condo and a fracc is the streets in a fracc are owned by the city ( but the city does not maintain them )  Condo streets are owned by the condo. Legally a fracc can't gate their entrance. 

Actually fraccs can gate their entrance. Raquet Club and Chula Vista Norte are 2 examples. They can monitor who enters, record information, regulate hours workers can enter etc 

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9 hours ago, Mostlylost said:

Actually fraccs can gate their entrance. Raquet Club and Chula Vista Norte are 2 examples. They can monitor who enters, record information, regulate hours workers can enter etc 

Legally the RC cannot stop anyone from entering the Raquet Club as it is a public road owned by the govenments. They can only keep track of who comes and goes which is difficult as there are two entrances/exits.

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I see a lot of people saying ‘legally a fracc can do this and not that’ but has anyone an actually know where one finds the law, from which authority to do this and not that, exists?   

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39 minutes ago, El Cartero said:

I see a lot of people saying ‘legally a fracc can do this and not that’ but has anyone an actually know where one finds the law, from which authority to do this and not that, exists?   

I have seen a book with Condominium and Fraccionamiento Regulations in it. I believe it is the Civil Code for them.  Ask a lawyer or possibly a realtor about it.  Also, fraccionamiento's have a Constitutive Act document that was generated when they became a Fraccionamiento.  That document is amended each time new Bylaws and/or Rules and Regulations documents are updated at an Annual Meeting (AGM).

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I can not speak to Jalisco fraccionamiento law but I do have the "Jalisco Condo Law in English", second edition that shows both the Condo law in Spanish and English side by side. I also have The "Jalisco Condo Manual". I have lived in a condo here in Lake Chapala for over eight years and I can tell you talking to a realtor and most lawyers here will get you many opinions, almost all wrong, but not the Jalisco Condo law. Any condo or fracc by-law can't  exceed or counter the Jalisco Condo law. This fact is ignored on a regular basis locally!

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15 minutes ago, Mitch said:

I can not speak to Jalisco fraccionamiento law but I do have the "Jalisco Condo Law in English", second edition that shows both the Condo law in Spanish and English side by side. I also have The "Jalisco Condo Manual". I have lived in a condo here in Lake Chapala for over eight years and I can tell you talking to a realtor and most lawyers here will get you many opinions, almost all wrong, but not the Jalisco Condo law. Any condo or fracc by-law can't  exceed or counter the Jalisco Condo law. This fact is ignored on a regular basis locally!

There is no "fracc law"  Fraccs are regulated by corporate law. Many local attorneys are unaware of this and give false advice. 

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Fracc by-laws must fall within legal requirements for an A.C.  Corporate law governs A.C.'s.  If any part of the by-laws are not legal, then that section or item is invalid.  

SInce many of the by-laws of fraccs are approved by attorneys that don't understand that they are governed by corporate law and not condo law there are errors. 

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On 6/26/2021 at 8:39 AM, Ferret said:

I like to keep  up with Real Estate Listings in the area and I would really like to see listings defined in some manner as freehold or condo or gated fracc. or ? Or can the fact that it requires H.O.A. fees make it fall into one or the other? All of the following have H.O.A. fees (whatever that signifies) and all are different in style.

Chapala Haciendas is fairly open. Los Sabinos is walled and security gated. La Huerta is walled and gated. Riviera Alta is sort of walled (not at the top) with 24 hour security gated entrance.

 

Los Sabinos in only partly walled isn't it. So for most gated fraccs to steal something Large like a TV you can't usually drive it past the guarded gates but have to carry it through the bushes. 

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On 7/1/2021 at 12:34 PM, Ferret said:

I had friends staying there one winter. I'd say it's completely walled. They were at the top. Spectacular view.

I have exited Los Sabinos by foot through a door in the west wall.

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1 hour ago, Mostlylost said:

The entire west wall of Los Sabinos is either in someone's yard or carport. Since none of the carports have a door through the wall, did you exit from someone's yard that has a private door?

 Not true. Yes, there is at least one "private door"

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1 hour ago, cedros said:

 Not true. Yes, there is at least one "private door"

Just passed that information to the "Cholos" that live in my neighborhood. They are always looking for easy income. ☺️

 

 

 

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15 minutes ago, HoneyBee said:

Just passed that information to the "Cholos" that live in my neighborhood. They are always looking for easy income. ☺️

 

 

 

You know cholos?

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