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Baja Real Estate Legal Services · English & Spanish
Article · Condominiums

HOA and Condominium Law in Baja California

Rights, obligations, maintenance fees and assemblies for owners in Baja California condominium developments.

Most condominium developments in Tijuana, Rosarito and Ensenada are governed by Baja California's condominium law, in addition to their own deed of incorporation and bylaws. Understanding how these rules work helps owners, buyers and boards prevent disputes over fees, common areas and administration.

English and Spanish legal services available.

Modern residential condominium building

We assist with

Bylaws Review
Assembly Procedures
Maintenance Fee Disputes
Fee Collection
Administrator Accountability
Buying a Condo Unit
Explanation

How Condominium Ownership Works

Under the Baja California condominium law, each owner holds exclusive ownership of a private unit and a co-ownership share of the common areas, in the percentage assigned in the deed of incorporation. The law is of public order: it applies to every development constituted under the condominium regime, whatever the owners may prefer.

The key elements generally include

Exclusive unitThe house, apartment, lot or space the owner uses exclusively and may sell or mortgage freely
Common areasAreas and facilities owned jointly by all owners and used under the law and the bylaws
General AssemblyThe supreme body of the condominium, where owners vote on fees, rules and administration
AdministratorThe person or company appointed by the assembly to manage, collect fees and report
Hillside residential community overlooking the ocean
Scope

Condominiums vs. Subdivisions

The condominium law applies to developments constituted under the condominium regime. Subdivisions (fraccionamientos) governed only by their own covenants and internal rules follow those documents instead. The first step in any HOA question is confirming which regime applies.

Deed of incorporation
Recorded bylaws
Undivided-share table
Assembly minutes
Administrator appointment
Annual budget
Reserve fund status
Rights

Owners' Rights

Every owner has rights that the assembly and the administrator must respect, in addition to those granted in the deed of incorporation and the bylaws.

  • Using the common areas on equal terms
  • Voting in the General Assembly
  • Serving on the administration or committees
  • Receiving monthly account statements
  • Requesting information about the funds
  • Reviewing assembly minutes
  • Selling, leasing or mortgaging the unit
  • Challenging fees not approved by the assembly
  • Peaceful enjoyment of the unit
  • Access to dispute-resolution procedures
Get Advice on Your Rights
Obligations

Owners' Obligations

Owners, and the tenants or guests who use their units, must comply with the law, the deed of incorporation, the bylaws and assembly resolutions.

  • Paying maintenance and reserve fees on time
  • Paying approved extraordinary fees
  • Paying property tax on the unit
  • Not altering facades or structure
  • Not occupying or enclosing common areas
  • Keeping private installations in good repair
  • Following rules on pets and noise
  • Making sure tenants follow the bylaws
  • Repairing damage caused to the condominium
  • Complying with assembly resolutions
Review Your Bylaws →
Issues to Address

Common HOA Disputes

Request an HOA Evaluation

Unpaid Maintenance Fees

Late fees accrue interest, and three unpaid ordinary fees or one unpaid extraordinary fee can be collected through an expedited court action.

Fees Not Approved

Ordinary and extraordinary fees should be set by the General Assembly. Charges imposed any other way may be challenged.

Missing Financial Reports

The administrator must deliver monthly statements of income, expenses and outstanding balances.

Assemblies Not Held

Ordinary assemblies are required every six months. Skipped meetings weaken the validity of decisions.

Common Area Encroachments

Enclosing parking, gardens or other common areas for private use is prohibited.

Facade and Structural Changes

Alterations visible from outside or affecting the structure generally require authorization.

Use and Nuisance Conflicts

Noise, pets and activities that disturb other owners are regulated by the law and the bylaws.

Short-Term Rental Friction

Guests must follow the bylaws, and owners remain responsible for their conduct.

Administrator Turnover

Records, funds and documents must be handed over when an administrator is replaced.

Buying

Buying a Condominium Unit

Before buying in a condominium, review the documents that govern the development and confirm the unit's account is current. Under Baja California law, the seller must deliver a no-debt certificate issued by the administrator. Without it, the buyer can become jointly liable for unpaid fees.

Deed of incorporation
Condominium bylaws
Administrator's no-debt certificate
Recent assembly minutes
Current budget and fee schedule
Reserve fund balance
Pending extraordinary fees
Rules on rentals and pets
Assigned parking and storage
Pending disputes or lawsuits
Review a Condominium Purchase
Reviewing condominium documents before signing
FAQ

Frequently Asked Questions

Is the condominium law optional for owners?+
No. It is a law of public order that applies to every development constituted under the condominium regime in Baja California, together with its deed of incorporation and bylaws.
How often must the General Assembly meet?+
The law requires an ordinary General Assembly every six months to report on the administration. Extraordinary assemblies are held for urgent matters and for decisions such as amending the bylaws or approving new works.
What happens if an owner does not pay maintenance fees?+
Unpaid fees accrue interest at the rate set by the assembly or the bylaws, and the owner's right to vote can be suspended. When three ordinary fees or one extraordinary fee are unpaid, the administrator can pursue an expedited collection action in court.
Do I take on unpaid fees when I buy a unit?+
You can become jointly liable for the unit's unpaid fees unless the administrator issued a no-debt certificate. The notary handling the sale should include that certificate in the deed.
Can the administrator cut off my water for unpaid fees?+
The administrator may restrict certain services paid for with the fees, but the law expressly prohibits restricting drinking water.
How long does an administrator serve?+
An administrator who is an owner serves one-year terms and may be re-elected for two consecutive periods. An administrator who is not an owner must provide a bond.
Where are condominium disputes resolved?+
Disputes can be submitted to arbitration before the municipal conciliation offices or to the courts, unless another procedure applies. Fee collection can go directly to court.
Can my HOA restrict short-term rentals?+
Rental restrictions depend on the deed of incorporation, the bylaws and valid assembly resolutions. Review the specific documents for your development before listing your unit.
Next Step

Resolve Your Condominium Matter

Whether you are an owner, a buyer or a board member, start with the deed of incorporation, the bylaws and recent assembly minutes. Tell us the development, the city and the issue you need to address.

info@bajalegalsolutions.com

Contact

Contact Baja Legal Solutions

Send the development name and city, and describe the condominium or HOA matter requiring attention.

Tijuana Office

Calle Cantera #400, Interior 106 Sección Terrazas de Mendoza Fraccionamiento Playas de Tijuana Tijuana, Baja California 22504, Mexico

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