What is a General Assembly of Condominium Owners?
The General Assembly of Condominium Owners, often referred to simply as the “General Assembly,” is a fundamental component of condominium living, playing a pivotal role in the governance and decision-making processes within a condominium community.
What is a General Assembly of Condominium Owners?
The law establishes the General Assembly of Condominium Owners as the supreme administrative body responsible for governing the organization and social functioning of the Condominium Property Regime. A General Assembly is a crucial requirement for a condominium to fulfill its administrative responsibilities and promote harmonious coexistence among owners through organized and regulated voting.
The General Assembly’s proceedings are governed by a public deed that outlines the condominium’s organization and administration, as well as designates a responsible individual for these tasks. These proceedings typically occur during either ordinary or extraordinary assemblies.
Ordinary assemblies are held at least once every six months and address various topics such as the appointment or removal of the condominium administrator, the determination of administrator responsibilities and powers, the establishment of moratorium rates for condominium owners, examination of administration-provided account statements, budget reviews, and the determination of maintenance expense quotas, among other matters of common interest among condominium owners.
Extraordinary meetings, on the other hand, have no specific frequency requirement and are convened as needed to address specific condominium needs. However, certain issues, as mandated by the law, must be exclusively deliberated in these meetings. These include any modifications to the articles of association of the condominium property regime and its regulations, the voluntary dissolution of the condominium property regime, or legal action against a condominium owner in cases of repeated non-compliance with obligations and violations of the articles of association and condominium regulations.
It’s important to note that both ordinary and extraordinary Assembly meetings usually take place at the condominium property, except in cases of force majeure (acts of nature) or to facilitate the participation of interested parties. In both scenarios, condominium owners may choose to participate remotely through a digital platform that complies with legal requirements for real-time participation.
Additionally, meeting announcements must adhere to legal requirements and condominium regulations to ensure that all owners are informed and have the opportunity to participate and vote; otherwise, the meeting may be deemed invalid.
Finally, following each meeting, the proceedings are documented in a public deed and registered with the Public Registry of Property and Commerce to give them legal validity and effect.
Source: Mexlaw
