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.
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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

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.
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
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
Common HOA Disputes
Request an HOA EvaluationUnpaid 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 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.

Frequently Asked Questions
Is the condominium law optional for owners?+
How often must the General Assembly meet?+
What happens if an owner does not pay maintenance fees?+
Do I take on unpaid fees when I buy a unit?+
Can the administrator cut off my water for unpaid fees?+
How long does an administrator serve?+
Where are condominium disputes resolved?+
Can my HOA restrict short-term rentals?+

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 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
Phone & WhatsApp
+1 619 962-7576HOA Consultation Request
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