AMENDMENT
TO THE BYLAWS OF THE CONDOMINIUM REGIME OF “EL ZALATE” CONDOMINIUM DEVELOPMENT,
STATED AS FOLLOWS:
I.
GENERAL PROVISIONS
ARTICLE
1. LEGAL BASIS OF THESE BYLAWS and APPLICABILITY
These Bylaws are
issued in accordance with the provisions of Articles 1, 3, 4, 9, 13, 45 and
other related articles of the Condominium Property Regime Law for the State of
Over the Condominium,
several buildings were built and they form a number of Residential Units,
Commercial Units, Garages and Common Areas
The Owners will be
individually responsible for compliance of these Bylaws by their Occupants,
Acquirers, Employees, Partners, Family and Guests using or living in the
Condominium.
ARTICLE
2. CONDOMINIUM
CHARACTERISTICS
The buildings that
are subject to the Condominium Regime are formed by Residential Units, Commercial
units, Garages (jointly described as Private Units), private areas of each
building, common areas for each building, as well as the Common Areas of the
Condominium, as described in the Incorporation of the Condominium Regime and
its subsequent modifications, with the surface areas stated in the above
mentioned documents.
ARTICLE
3. GENERAL DESCRIPTION OF
PRIVATE AREAS AND
COMMON AREAS
The private areas
consist of four buildings of Residential Units with a total of 70 Residential Units
in six floors; a commercial use building with 11 Commercial Units and 18 Garages; a parking
building with 27 Garages; and a garage
building with 13 Garages, all of which formed
as follows:
BUILDING ONE.
16 Residential Units of one or two bedrooms; one or two bathrooms;
kitchen, living room, dining room and terrace with the following units: 101,
102, 103, 201, 202, 203, 301, 302, 303, 401, 402, 403, 501, 502, 601 and 602.
BUILDING TWO.
18 Residential Units of one, two or three bedrooms; one, two or three
bathrooms; kitchen, living room, dining room and terrace with the following units:
101, 102, 103, 201, 202, 203, 301, 302, 303, 401, 402, 403, 501, 502, 503, 601,
602 and 603.
BUILDING THREE.
18 Residential Units of one or two bedrooms; one or two bathrooms;
kitchen, living room, dining room and terrace with the following units: 101,
102, 103, 201, 202, 203, 301, 302, 303, 401, 402, 403, 501, 502, 503, 601, 602,
603.
BUILDING FOUR.
18 Residential Units of one or two bedrooms; one or two bathrooms;
kitchen, living room, dining room and terrace with the following units: 101,
102, 103, 201, 202, 203, 301, 302, 303, 401, 402, 403, 501, 502, 503, 601, 602,
and 603.
A) 11 Commercial Units, each with one bathroom, with the following
numbers: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11.
B) 18 Garages with the following numbers: 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, and 23.
27 Garages with the following numbers: 1, 2, 3, 4, 5, 24, 25, 26, 27,
28, 29 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45.
13 Garages with the following numbers: 46, 47, 48, 49, 50, 51, 52, 53,
54, 55, 56, 57 and 58.
The common areas
consist of outdoor parking, parking building roof, Board administrative office,
if any, exercise facility, if any, tennis court(s) if any, pools and pool area,
car access, walkways, hallways and green areas.
ARTICLE
4. COMMON ASSETS
CLASSIFICATION
For purposes of
these Bylaws, the Common Assets of the
Condominium will
be identified as follows:
The co-ownership rights upon the common elements of
the Condominium constitute an accessory of, and are undivided from, the private
property rights held upon a Unit of Exclusive Ownership, therefore, said
co-ownership rights shall not be disposed of, encumbered, or attached separately
from the corresponding Unit of Exclusive Ownership.
The co-ownership rights of each Owner upon the common
property are proportional to the percentage that his/her Unit of Exclusive
Ownership represents in relation to the entire property subject to the
Condominium property regime, as established in the Regime. The following is considered the common
property of a Condominium:
a) The land, basements, entrance gates,
vestibules, galleries, hallways, stairs, patios, gardens, plazas, walkways,
private roads, garbage storage area, sporting facilities, recreational
installations, facilities for receptions or social gatherings, the spaces
designated in the construction permits as sufficient for the parking of
vehicles, provided said areas are of general use;
b) The locales designated for the HOA,
security booths, washrooms and lodging for security guards and other employees;
plus any other areas designated as general installations and common services;
c) The structures, installations, equipment,
and other items of common use or enjoyment, such as water tanks, wells,
cisterns, elevated water reservoirs, elevators, hoists, incinerators, stoves,
ovens, water heaters, pumps and motors, sewers, channels, water distribution
system, drains, heaters, electricity and propane; the locales and structures
intended for security, decoration, loading and unloading areas, and other
similar property, except for those exclusively serving each Unit of Exclusive
Ownership;
d) The foundation, structures, bearing walls,
ceilings and roofs of general use; and
e) Any other sections, locales, structures,
equipment or installations of the Condominium that the Owners unanimously
determine to be used or enjoyed in common, or that are classified as common
property in the Regime and the Bylaws.
The dividing floors, pavement, walls and
other divisions that separate adjoining Units of Exclusive Ownership,
constitute the common property of the adjacent Owners only, therefore, any work
or repairs required thereat, and the cost thereof, shall be mandatory for the
respective adjoining Owners.
ARTICLE
5. OWNERS
The Owners are any
person, either individual or entity, holding title of one or more Private Units,
or hold beneficiary rights over one or more Private Units, or acquired the
rights or benefits regarding the same under any title or contract, in process
or private. The holder of a real guaranty constituted over one or more Private
Units, or over the beneficiary rights of one or more Private Units is
considered a creditor.
ARTICLE
6. PERCENTAGE OF UNDIVIDED PROPERTY INTEREST
Each Private Unit Owner has a Percentage of
Undivided Interest on the common assets of the Condominium which is equal to
the percentage value of said Private Unit from the total percentage value of
the Condominium, as established in the Incorporation of the Condominium and the
Condominium Description. The sum of all the percentage value of all the Private
Units is equal to 100% of the Undivided Interest of the Condominium.
Each Owner has a
co-ownership right to the Common Assets proportional to their Percentage of
Undivided Interest Undivided Percentage of
co-ownership of its/his/her Private Unit.
ARTICLE
7. BYLAWS AND
RESOLUTIONS
They are
understood as Bylaws, the provisions contained in these Bylaws, and the
resolutions legally adopted by the Owners Assembly.
II.
ADMINISTRATION OF THE CONDOMINIUM
ARTICLE
8. BOARD OF DIRECTORS
The Administration
of the Condominium will be in charge of the Board of Directors (Board). The
Board shall be invested as a collegial entity with the powers, and placed in
charge of the obligations, referred to in this chapter and in Article 40 of the
LAW as regards management of the Condominium.
All decisions of
the Board shall be valid if they are accepted by a simple majority of the Board
Directors. The Board shall prescribe the
rules for its own governance and operation and said rules shall be valid unless
they run counter to the provisions of these Bylaws, to the LAW or to
resolutions passed by the Owners Assembly.
ARTICLE
9. APPOINTMENT AND REMOVAL OF BOARD DIRECTORS
The Board shall be
made up of five Board Directors each of whom shall be elected for a one year
term at the annual General Owners Assembly.
Each Board Director shall hold post for one year and may be reelected
for an additional one year term but shall continue their duties even if their
term expired until the new appointments are made, and if this has been done,
until the appointed persons take office.
Owners submitting
their names in advance for election to the Board will be named on the proxy and
can be voted by proxy. Nominations for
the Board can also be made from the floor at the General Owners Assembly.
To be a Board Director, it is mandatory to be an Owner
of a Private Unit in good standing with no outstanding monies owed to the Condominium.
It is recommendable but not mandatory for the Board Directors to have knowledge
in the administration of condominium regimes. The Board shall determine which
of the elected Board Directors will occupy the posts of President, Vice
President, Secretary and Treasurer.
In the event of a
resignation of a Board Director, the Oversight Committee shall replace the
vacant board position with an owner to serve out until the appointment of a new
Board Director by the Owners Assembly.
A Board Director
may be removed at the Owners Assembly from his/her position by the affirmative
vote of the Owners that represent at least 65% of the Percentage of Undivided
Interest of the Condominium should he/she fail to fulfill any of his/her obligations
or by reason of an absence which impedes efficient fulfillment of his/her
obligations.
ARTICLE
10. FACULTIES OF THE BOARD OF DIRECTORS
The Board shall have the following duties:
a) Keep the minute book for the assembly
meetings, duly authorized by the Oversight Committee;
b) Supervise, attend to, and maintain in
proper condition the common property of the Condominium, as well as the common
installations and services, and promote the integration, organization and
development of the community.
c) During the entire period of time that
the Board remains in office, they shall compile and keep the books and
documentation relating to the Condominium, which books and documentation shall
be made available for review by the Owners or their representatives and posted
on the El Zalate owner’s website and will be delivered to the succeeding Boards;
d) Execute all administration and
conservation acts required in relation to the Common Areas of the Condominium,
and contract for water, gas and electricity service and other goods and
services necessary for the operation of the common installations and Common
Areas, it being understood that the cost of consumption of the respective
services or goods shall be prorated between the Owners based on the percentage
of undivided interest that corresponds to each one of said Owners;
e) Carry out any necessary construction
work and repairs under the terms or Article 11 (c) and Article 31 (a) (iii);
f) Execute the resolutions of the Owners Assembly,
unless the Owners Assembly designates another person or persons to that effect;
g) Collect from each Owner the
corresponding proportional contribution for the maintenance fund, and the
reserve fund. For said collection
purposes, the Board may, on behalf of the Condominium, retain any banking,
investment and accounting services authorized by the Owners Assembly;
h) Disburse the maintenance expenses of the
Condominium, and charge the same against the corresponding fund, under the
terms of the Bylaws;
i) Issue the corresponding receipt to each
one of the Owners for the amounts contributed the previous month, both for the maintenance
fund, and the reserve fund, or for other items;
said receipts shall set forth the balance due, if any, by each Owner;
j) On a monthly basis, the Board shall deliver
to each Owner and post on the El Zalate website financial statements setting
forth the following information:
i) An
itemized list of the contributions received, and the expenses corresponding to
the previous month or months as charged against the maintenance fund;
ii) Consolidated
income statement reflecting the contributions received and any outstanding
dues. The Board shall make available to
the Owners, upon request, a list of the amounts contributed by each Owner for
the maintenance fund, and for the reserve fund, as well as any outstanding
dues;
iii) Balance
of the maintenance fund, and items for which said fund will be applied the
following month, or if applicable, the amount of any outstanding debts;
iv) Bank account balance, and balance of the invested resources,
including the amount of interest generated thereby.
The Owners may make any observations or
objections deemed adequate in reference to the documents referred to in the
previous subparagraphs prior to the approval thereof by the Owners Assembly. After said period, it shall be considered
that the Owners agree with said information, pending the approval by the
Assembly.
k) Summon the assembly meetings in
accordance with the provisions of Articles 29;
l) Enforce, on behalf of the Owners, the
performance of the provisions of these Bylaws;
m) Verify the observance of the provisions
of these Bylaws, the LAW and the Condominium;
n) Record these Bylaws, and any amendments
thereof, at the Public Registry of Property;
o) In reference to the Common Areas of the
Condominium, the Board shall have general faculties for litigation, collection,
and administration acts, including any faculties that may require special
clause according to LAW and therefore shall have the authority to respond and
examine during interrogatories, to file suits and claims, to abandon suits and
claims and grant pardon, and to designate legal counselors with any specific
faculties required in each case, under the terms of the provisions set forth in
the first and second paragraphs of article 2468 of the Civil Code for the Free
and Sovereign State of Baja California Sur.
In addition, the Board, together with the Oversight
Committee, shall have the faculty to open bank accounts, issue checks, and when
so determined by the Owners Assembly, designate authorized signatories for the
handling of said accounts;
p) Appoint an Architectural Committee
comprised of three owners, each not to exceed a three year term.
q) Abide by the provisions of the Law of
Civil Protection and the Regulations thereof.
The measures adopted, and the provisions issued by the Board within the
scope of his duties, when based on the LAW and these Bylaws, shall be of
mandatory nature for all of the Owners.
The Owners Assembly, under resolution adopted by the majority percentage
determined by the Bylaws, may amend or revoke said Board’s measures and
provisions; and
r) Execute any other duties, and comply
with any other obligations established in the Condominium, these Bylaws, the LAW,
and any other applicable provisions.
ARTICLE
11. SPECIAL OBLIGATIONS OF THE BOARD OF DIRECTORS
.
Furthermore, the Board
is responsible for the operation, maintenance, repair,
replacement and restoration of the common assets of
the Condominium and shall carry out any repair or addition to the same,
including but not limited to the following:
a) If necessary, to engage the services of an individual or corporation
to administer the operations (“Administrator”) in the manner the Board considers
necessary or appropriate, as well as any additional staff the Board considers
necessary or appropriate for the efficient operation and maintenance of the
common assets of the Condominium;
b) To provide with legal, administrative, managerial and accounting
services, necessary or appropriate for the operation of the common assets of
the Condominium, or to enforce these Bylaws;
c) To call for a Special Owners Assembly in the event budget funds are
not sufficient to over the maintenance expenses or whenever is necessary to
carry out works not included in the annual budget;
d) To obtain and maintain in force insurance policies against risks to
protect the Condominium, and all insurance required and authorized by the Owners
Assembly, including but not limited to earthquake, flood, hurricane, fire,
civil liability and the beneficiaries shall be the owners of the residential,
commercial and garage units.
c) To maintain and repair each Private Unit if such maintenance or
repair are reasonably necessary at the Board’s discretion in order to protect
the common assets or preserve the appearance and value of the Condominium, if
and only if the owners of said units do not do so due to the fact they refuse
to initiate such maintenance or repair within 30 (thirty) days following a
notice in writing from the Board regarding the necessity of such maintenance or
repair. If the Board is compelled to provide such maintenance or repair due to
inaction from the Owner, the Board will charge a special fee to said Owner for
the cost of maintenance or repair.
Notwithstanding the above, the Board cannot carry out any maintenance or
repair to a Private Unit or the common assets that are not necessary to
preserve the same and can only carry out the works intended to enhance the residential,
commercial or common assets once the Board had obtained authorization in a
Owners Assembly by the Owners that represent at least from 65% of the
Percentage of Undivided Interest of the Condominium.
Under no circumstance can work be performed with respect to the Private
Unit, or the Common Assets in which structural safety may be compromised. Any
works performed by the Board shall be in agreement to the above and:
i) If the same is of structural nature;
ii) If the cost exceeds fifty time the updated Minimum Daily Wage in
San Jose del Cabo, Baja California Sur; and
iii) If it affects the basic architectural design of the residential or
commercial units or the common assets;
iv) Then it shall be done only according to the plans approved
by in an Owners Assembly by the Owners that represent at least 65% of the
Percentage of Undivided Interest of the Condominium.
ARTICLE
12. MAINTENANCE FEES
At the annual
General Owners Assembly, the Board shall submit as part of the budget process
the recommended level of maintenance fees for the Private Unit. Any change in maintenance fees from the prior
year amount must be approved by a simple majority vote of the Owners.
Each Owner shall
contribute maintenance fees according to the Percentage of the Undivided Interest
on the common assets corresponding to the aggregate value of the Private Units.
The amounts
established shall be paid in advanced quarterly installments, payable before
the first day of each corresponding calendar quarter, to the Board or designated
administrator, without need of collection notice from the Board.
In the event
payment is made with foreign or national checks outside of San Jose del Cabo, or
by wire transfer, the Owner will be charged with an amount equal to the fees charged
for cashing said check or wire transfer. The Board may reject such payment
unless said collection charges are paid in advance.
In the event an Owner
does not pay his maintenance fees within the period established, said fees
shall cause an interest at a rate established by the Owners Assembly as well as
any additional penalty as determined from time to time by the Owners Assembly.
Said interest and penalty shall be charged every 30 (thirty) days during the
period of time the dues remain unpaid.
In the event such
fees and the corresponding fines remain unpaid for three consecutive quarters,
the Board may elect to sue the Owner as described in ARTICLE 24.
ARTICLE
13. RESERVE FUND.
The Board shall establish
and maintain reserve fund from the maintenance fees paid by the Owners. The
Board may elect to include a reserve for contingencies as part of the reserve
fund.
At the annual
General Owners Assembly, the Board shall submit as part of the budget process
the recommended reserve fund amount for the following calendar year for
discussion, modification and approval of the Owners.
In the event that
there is a surplus of maintenance fees in a given year after all maintenance
and operation expenses of the common assets and services of the Condominium
have been paid, the Board shall apply any remaining maintenance fees to the
reserve fund.
ARTICLE
14. SPECIAL ASSESSMENT
In the event the maintenance
fees collected in a given year and the reserve fund are not sufficient to pay
the expenses, the Board shall call for a Special Owners Assembly in order to
discuss and vote upon, per the Board’s recommendation, an increase in the maintenance
fees or the granting of a special assessment to cover the anticipated
shortfall. An affirmative vote of the Owners that represent at least 65% of the
Percentage of Undivided Interest of the Condominium is required to pass a
Special Assessment.
ARTICLE
15. BOARD FEES
The Board shall be
entitled under their sole responsibility to delegate all or part of their
obligations to third parties. In the event such faculties and obligations are
delegated, the amounts paid to the third parties undertaking the Board’s
obligations shall be considered as common expenses and paid from the collected
maintenance fees.
The Board Directors
shall be entitled to reimbursement out of the common expenses for the cost of
their permits to act as Board Directors (i.e. permits from immigration such as
FM2 or FM3) and the cost of any required Board Directors bond and/or liability
insurance.
ARTICLE
16. COMMON EXPENSES
All burdens, costs
and expenses incurred by the Board regarding the
performance of their
duties, in terms of Articles 12 and 13 of these Bylaws; all liabilities caused
by losses or damages from or regarding the common assets, or any accident or
fire to the same, shall be considered as common expenses for all the Owners of
the Private Units.
ARTICLE
17. BOARD’S INDEMNIFICATION
The Owners Assembly
shall indemnify the Board for all reasonable incurred expenses regarding any
action, lawsuit or proceeding in which they are involved as the representative
of the Condominium, except for matters
in which they are prosecuted, sued or results
responsible due to negligence or misconduct. Indemnification shall be provided
only for those matters in which the Oversight Committee of the Condominium
declares the Board did not default their obligations.
ARTICLE
18. LEGAL
REPRESENTATIVE OF THE CONDOMINIUM
The Board shall be
the legal representative of the Condominium for all common matters, either
acting on behalf or against the Owners, or in any
action, hearing or
other proceeding with regards to the Owners Assembly or the common property,
and in their behalf shall file, defend, participate or prosecute any action, lawsuit
or proceeding without affecting the Owners rights to sue or appear in a lawsuit.
The representation in a proceeding of one or more Owners in any action, lawsuit
or proceeding may be made by the Board, which may substitute all or part of
these faculties, as well to revoke such powers.
ARTICLE
19. BOARD’S RESOLUTIONS ARE MANDATORY
All the Board’s
resolutions, when exercising their duties according to these Bylaws are
mandatory to all the Owners, except in the event said resolutions are revoked
or modified by an affirmative vote of the Owners that represent at least 65% of
the Percentage of Undivided Interest of the Condominium of the Owners at an Owners
Assembly.
ARTICLE
20. OWNERS RECORDS
Each Owner will
facilitate the registration of such records, by submitting his/her title deed,
certificate of trust appointment, assignment or any other document, such as a
lease agreement, which evidences the possession or right on such residential or
commercial unit or garage or any other evidence of his right before the Board.
The Board is bound to keep said Owners Record updated upon receipt of such
information from the Owner.
ARTICLE
21. LIENS REGISTRATION
Any Owner who
liens or hypothecates his Private Unit by means of any legal title or any
interest on the same shall notify the Owners Assembly about the same, through
the Board, providing the name and address of his creditor, as well as the
release of such lien, and the Board shall keep such information in the Owners
records of the Owners Assembly. The Board shall inform any creditor or
prospective buyer request about the maintenance or special fees, interest or
penalties, taxes or any other monies owed and unpaid regarding such unit.
III.
INSURANCE, INDEMNIFICATION, PENALTIES
ARTICLE
22. INSURANCE AND COVERAGE
For the protection
of the Condominium, the Board shall keep at all times valid insurance contracts
against losses and damages caused by fire and any other insurable risks, in a
reasonable and prudent amount as determined by the Board.
The beneficiaries
of such insurance shall be the registered Owners in the Owners Records. In the
event of a disaster, the indemnification shall be deposited in a credit or
trust institution authorized to operate in the State of
Nonetheless the
above, each Owner is entitled to insure his Private Unit in his/her name, and said insurance may have
an endorsement in favor of the creditor of said Private Unit, if applicable. The
existence of such separate insurance will not exempt the Owner from that
element of the maintenance fees relating to insurance premiums.
Likewise, the
Board must purchase and keep valid at all times general insurance of civil
liability to cover all the Owners and their creditors, in the amounts the Board
considers pertinent, as well as insurance against
damages to third parties caused by accidents and
damages to others property, without affecting the right of each Owner or their
creditors to take additional insurance of civil liability for their respective
Private Units.
ARTICLE
23. EXPROPIATION DUE TO
PUBLIC USE CAUSE
If at any time the
Condominium, or any part of it, is expropriated due to causes of public use,
the indemnifications received for such expropriation shall be deposited by the Board
in a credit institution authorized to act in San Jose del Cabo, Baja California
Sur, and make them available to the Owners and their creditors, according to
the losses or damages corresponding to each Private Unit and the common assets
and appurtenances.
In the event the Owners
Assembly decides so, the amounts of such indemnifications shall be used by the Board
to restore or replace any expropriated constructions on the non-affected part
of the property, according to the plans or projects approved in terms of these Bylaws.
In the event that
only a part of the Condominium is expropriated and the non-affected the part of
the Condominium is not suitable for tourist and residential purposes, the
Owners that represent at least 75% of the Percentage of Undivided Interest at
the Owners Assembly, per the Board’s proposal, may approve the alienation of
the lot and the non-affected constructions and shall distribute among the Owners
or their creditors, the proceeds of the sale and alienation, according to the Percentage
of Undivided Interest of the common assets corresponding to each Private Unit
ARTICLE
24. INTEREST AND PENALTIES DUE TO LATE PAYMENT
Any Owner’s
monetary obligation derived from the default to these Bylaws, not paid on time,
shall cause interest and penalties, as determined by the Owners Assembly to
accrue on the unpaid balance. Such
interest and penalties shall accrue monthly. All payments received shall by
applied first towards interest and penalties, and subsequently to the
maintenance fees or special assessments owed.
In addition, when
an Owner falls over three quarters behind in maintenance dues payment or 120 days
behind in a special assessment payment,
apart from such judicial proceedings as may be undertaken in his case as
described in Article 47 of the LAW and such interest and penalties for late payment as may be claimed from him,
the Board shall be empowered to suspend from the Owner from his voting right at
the Owner Assembly and those services that according to these Bylaws are related to maintenance
fees and special assessments, including but not limited to parking, and use of
common area facilities, as long as the arrears lasts, without needing prior
judicial or administrative authorization.
Further, any Owner who repeatedly fails to satisfy
his/her obligations, and incurs in violations of this LAW, Condominium, and/or
these Bylaws, in addition to being liable for any damages caused to the other
Owners, may be sued and thereby compelled to sell his/her rights, including in
public auction, in which case the preferential right to purchase shall be
observed.
The exercise
of this action shall be determined at a special assembly of Owners, by
resolution adopted by the Owners representing at least 75% of the Percentage of
Undivided Interest at an Extraordinary Owners Assembly when any of the
following cases occur:
a)
default in payment of maintenance fees for three
consecutive quarters;
b)
default in payment of a special assessment of more
than 120 days;
c)
For the commission inside the Private Unit
involved in an act to be criminal in accordance with the LAW currently in force
in this entity, provided always that the person committing such act is the
Owner himself, or if although he did not commit the act, he took part in it in
any way, consented to it or did not prevent it or report it when he could have
done so;
d)
For the Owner’s refusal to pay any direct or
consequential damages as may have been caused to assets for common use of the
Condominium through his actions or those of his renters, occupants or guests,
e)
For the Owner’s refusal to file proceedings for
the eviction of his renters, occupants or guests when they have violated these
Bys and have repeatedly refused to heed warnings from the Board and the
Oversight Committee for these reasons
The Owner who
incurred in the respective default or violation shall also be summoned to said Extraordinary Owners Assembly meeting, and will have
the right to make any statements deemed convenient.
IV.
OWNERS ASSEMBLY
ARTICLE
25. HIGHEST ENTITY OF
THE OWNERS ASSEMBLY
The Owners Assembly
of the Condominium (Owners Assembly), duly called and installed, shall be the
authoritative entity of the Condominium and its resolutions are bound to each
and every Owner, including the absent and dissident ones.
ARTICLE
26. MEMBERS OF THE OWNERS
ASSEMBLY
All the Private
Unit Owners of the Condominium (hereinafter “Owners”) shall constitute the Owners
Assembly.
The Owners of each
Private Unit, once appointed or granted title, automatically shall become a
member of the Owners Assembly and shall remain as member as long as he/she owns
said Private Unit. If the same ceases to
be an owner, his/her involvement in the Owners Assembly shall cease
automatically.
ARTICLE
27. OWNERS ASSEMBLY
The Owners Assemblies
shall be held at the place established within the Condominium, or any other
place, within San Jose del Cabo, Baja California Sur, suitable to the Owners,
as agreed by the Board or 25% of the Owners.
The annual General
Owner Assemblies shall be held in the fourth quarter of each calendar year at a
time, date and place convenient to the Owners as determined by the Board.
ARTICLE
28. SPECIAL OWNER ASSEMBLY
Special
Owners Assembly may be held at any time as called for by the Board or by the
Oversight Committee or by a request in writing of at least 25% (twenty five
percent) of the Owners.
In addition, an
Owners Assembly may be convened by the Owners if they represent at least 25% (twenty
five percent) of the Percentage of Undivided Interest of the Condominium, as
certified by a judge or notary public.
ARTICLE
29. CALLS FOR AN OWNERS
ASSEMBLY
The Board or the
Oversight Committee or a designated representative of at least 25% (twenty five
percent) of the Owners, shall notify all Owners, according to the Owners Records, in writing,
through printed media, or through electronic mail about the General Owners
Assembly or Special Owners Assembly.
Such notification
must be at least thirty calendar days prior to the date established for such Owners
Assembly, specifying whether it is an General or Special Owners Assembly, the
person calling for it, the place, day and hour of such Owners Assembly and the
Agenda.
The notification shall
be made in any of the following manners:
a) By delivering in a reliable manner the notification at the Private
Units of the Owners; or
b) By delivering in a reliable manner the notification
at the address within the municipality indicated in writing by the Owner to the
Board.
For
the purpose of this Bylaws and article 34 of the LAW it is understood as a
delivering in a reliable manner either to deliver the notification personally
to the Owner or to any other person at the Private Unit or by posting the
notification at the entrance of the Private Unit.
Furthermore, a copy of the notification shall also be
posted at a visible location in the Condominium, issuing an attestation signed
by:
a) Any of the Board Directors when the Board
is calling, or by one of the Owners that is calling when the Owners are
calling; plus a member of the Oversight Committee and three Owners; or
b) A
Mexican Notary Public.
Additionally,
the notification may be delivered via electronic mail (e-mail) to the e-mail
address of the Owners as registered in the Owners record and posted on the El
Zalate Owners website. Should the Owner
reply via e-mail using his registered e-mail to the sender’s e-mail expressly
acknowledging receipt, the notification shall be deemed valid.
Should the
notification be made according to the provisions of this clause and the Owner
does not receive the same regarding any of the Owners Assemblies, this fact
shall not invalidate such Owners Assembly or any resolution made in the same.
Notwithstanding
the above, the attendance of every Owner in person or through proxy at an Owners
Assembly shall be considered as a waiver of any notification required for such
Assembly, unless the Owner states at the opening his objection to carry out the
Owners Assembly, based on the fact
he/she was not notified according to the
provisions contained herein.
ARTICLE
30. REPRESENTATION IN
THE OWNERS ASSEMBLY AND NECESSARY QUORUM
The attendance to
any of the Owners Assemblies may be in person, through a proxy letter signed
before two witnesses or through electronic proxy as allowed by Article 32 (X) of
the LAW.
The proxy letter
will be valid if exhibited by the proxy holder in original at the Owners
Assembly or if received via e-mail to the address appointed by the Board for
such purposes.
In order for an Owners
Assembly to be considered legally installed by virtue of its first call, a 75%
(seventy five percent) quorum of the Owners is required; when held in second
call, the quorum shall be at least 51% (fifty one percent) of the Owners. Should
the Owners Assembly is held in third or subsequent calls, the resolutions shall
be valid when adopted by the affirmative of the attendees, either in person or
through valid proxy.
ARTICLE
31. RESOLUTIONS
WHICH REQUIRE A SPECIAL AFFIRMATIVE VOTE.
Regarding the
matters listed below, regardless of the number of calls required, in order for
the resolutions of the Owners Assembly to be valid, the following percentage vote,
either in person or by proxy, is required:
a)
The
affirmative vote of the Owners that represent at least 75% (seventy five
percent) of the Percentage of Undivided Interest of the Condominium for the
following matters:
i)
To
amend the Articles of Incorporation of the Condominium;
ii)
To
amend these bylaws;
iii)
To
approve construction works and capital improvements to Condominium, solely
voluntary or enhancement;
iv)
To
resolve about the reconstruction, demolition, sale of common areas or zoning
change of the same; and
v)
To
invoke authority to compel an owner to sell under Article 26 of these Bylaws.
b) The affirmative vote of the Owners that represent at least 65%
(sixty five percent) of the Percentage of Undivided Interest of the Condominium
for the following matters:
i)
To enact
Special Assessments according to the provisions of these Bylaws
ii)
To
remove a Board Director;
iii)
To
revoke a Board resolution;
iv)
To
approve the modification of an external structure of a unit as described in
Article 47(d)
v)
To
invoke authority to approve repair or maintenance of an Owner’s unit as
described in Article 13(f).
c) For any other matters in which the Articles of Incorporation of the
Regime, the Civil Code, the LAW or these Bylaws do not expressly require
qualified majorities, the general provisions shall apply and a simple majority
vote will prevail.
ARTICLE
32. ADJOURNMENT AND
RESUMING OF OWNERS ASSEMBLIES
In the event that,
once the Owners Assembly is installed, and all the items established in the
Agenda cannot be discussed and resolved, the Owners Assembly shall be adjourned
and resumed the following working day, at the time determined by the Board or
on the date and hour determined by the Owners Assembly by the affirmative of
the attending votes.
In this new
meeting, only the remaining items of the Agenda not discussed
and resolved shall be discussed. In this case,
there will be no need of a new call to hold an Owners Assembly previously and
legally constituted.
ARTICLE
33. VOTING RIGHTS AT
THE OWNERS ASSEMBLIES
Voting shall be made on a percentage basis, and the
number of votes each Owner is entitled to shall be equal to the Percentage of
Undivided Interest out of the total of the Condominium corresponding to his
Private Unit.
In the cases of election, reelection or removal of a
Board Member or members of the Oversight Committee, each Private Unit shall
have the right to one single vote.
Excepted from this provision are the Condominiums intended for
commercial and garages where voting shall be according to the provisions of the
immediately preceding paragraph.
Voting shall be
nominal and direct, however duly authorized proxies as described in Article 30
are allowed, provided, however, that in no event shall one single person
represent more than 50% of the Owners and further provided that under no
circumstances shall a Board member represent an Owner other than
himself/herself.
In order to
exercise the right to vote, it is absolutely required that Owner is current in
the payment of all fees, assessments, dues, fines, interest and any other
monies owed as the Owners Assembly may decide upon.
In the event a Private
Unit is recorded in the name of two or more persons, the vote may be cast by
any of them who attend any of the Owners Assemblies, in the absence of one or
more of the parties, and in the event of discrepancy, each co-owner shall be
entitled to participate in the voting only in proportion to his/her ownership
percentage of each such Private Unit.
ARTICLE
34. PROHIBITIONS TO THE
BOARD
The Board Directors
are not allowed to represent any of the Owners, other than themselves, in the Owners
Assemblies. The voting rights given or transferred in pledge, mortgage, or any
other instrument, which certified copy is submitted to the Owners Assembly through the Board Director,
shall be exercised by the person appointed in such instrument until the same is
released in writing or other determination form, submitted to the Owners Assembly
in a similar manner.
ARTICLE
35. AGENDA OF THE OWNERS
ASSEMBLIES
The Agenda of all
the Annual Owners Assembly shall contain, at least, the following items:
a) Attendance list, to be signed by one or two Tellers;
b) Proof or evidence of the notice sent to the Owners calling for the
Owners Assembly;
c) Reading of the prior Owners Assembly minutes, if applicable;
d) To appoint or ratify the Board Directors and establish the fees paid
to the Board or its designated administrator and, if applicable, to accept the
resignation of a Board Director(s).
e) To discuss and, if applicable, to approve and ratify the Board’s
performance of their duties during the previous year;
f) To analyze, discuss and, if applicable, approve the accounting
prepared by the Board of the previous year;
g) To resolve about the nature and scope of the
previous years budget and the disposition of funds;
h) To establish the amount, time and form of the
payment of the common expenses and the corresponding annual fees, as well as
the amount of late interest charges and penalty fees;
i) To discuss, determine and order the necessary works to keep the
Condominium in good maintenance conditions and efficient operation, and
to take the necessary steps to keep the efficient functioning of the common
services;
j) To resolve about any legal liability, if any, of the Board, the
Board Directors or any other employee of the Condominium;
k) To resolve on matters that affects the Condominium, the Owners
relationships among each other, in their relationship with third parties, or
the Condominium
l) To appoint or ratify the members of the Oversight Committee;
m) Pending matters; and
n) New matters
ARTICLE
36. DOCUMENTS OF THE OWNERS
ASSEMBLY
a) Certified copy of the publication of the call or calls;
b) Attendance list signed by the Teller or Tellers, and certified by
the
Board President, or the acting Chairman and Secretary and the attending
votes;
c) Meeting minutes signed by the Board Directors, or the acting
Chairman or Secretary, containing all the adopted resolutions;
d) The proxy letters signed by the Owners represented in the Owners Assembly,
if applicable; and
e) The documents, or copies of the same, or other evidences related to
the corresponding Owners Assembly.
ARTICLE
37. MEETING MINUTES
BOOK
The meeting
minutes shall be transcribed in to the Meeting Minutes Book to be kept by the Board.
In said book, the authorized minutes shall be the ones signed by the Board or
the Chairman and the Secretary acting in such meeting. For the formalization of
the meeting minutes, or the issuance of certified copies of the same, the
signature of the Board President or the acting Secretary of the corresponding Owners
Assembly shall suffice.
V.
OVERSIGHT AND ARCHITECTURAL COMMITTEES
ARTICLE
38. OVERSIGHT COMMITTEE
The Owners Assembly
shall appoint an Oversight Committee to be formed by three members, which shall
be in charge of overseeing the performance of the Board for the benefit of all
Owners. To be a member of the Oversight Committee it is mandatory to be an
Owner of the Condominium in good standing with no outstanding monies owed to
the Owners Assembly.
The Oversight
Committee will have those powers as described for an Oversight Committee in the
LAW.
The members of the
Oversight Committee shall hold post for one year, and may be reelected, but
shall continue their duties even if their term expired until the new
appointments are made, and if this has been done, until the appointed persons
take office.
The Oversight
Committee shall act as a collegiate body. Quarterly meetings shall be held.
Meetings shall be valid with the attendance of the affirmative of its members
and the resolutions shall be legally adopted through the vote of affirmative of
the attendees.
ARTICLE
39. RESPONSIBILITIES OF THE OVERSIGHT COMMITTEE
The Oversight
Committee shall be responsible for:
a)
Seeing to it that the Board complies with
resolutions adopted by the Owners Assemblies.
b)
Seeing to it that the Board fulfills its duties.
c)
Determine the best course of action in the cases
contemplated in Section 1 of Article 31 of the aforementioned LAW.
d)
Agree to performance of the works referred to in
Article 26, Section 1 of the aforementioned LAW.
e)
Verify the financial statements submitted
annually by the Board.
f)
Calling for an Owners Assembly if deemed
necessary by the Oversight Committee.
ARTICLE
40. ARCHITECTURAL COMMITTEE
The Board shall
appoint an Architectural Committee comprised of three Owners in good
standing. This committee will have the responsibility
to make recommendations and opinions in relation to the architectural
appearance of the Condominium.
In each case in
which these Bylaws require the opinion of the Architectural Committee, application
shall be made in writing by the interested Owner to the committee. The committee shall report its opinions or
recommendations in writing to the Board and the Board will make the final
determination of the request. No work is to be commenced until approval of the
architectural committee and Board is given for such work, in writing, and any
restrictions on the design, scheduling of such work is to be observed by the
owner.
VI.
USE OF THE RESIDENTIAL AND COMMERCIAL UNITS AND THE
COMMON ASSETS
ARTICLE
41. USE OF THE RESIDENTIAL
UNITS
The Residential
Units shall be used for residential purposes only. No commercial activity is allowed in a Residential
Unit.
Furthermore, no
Owner shall be allowed to change the nature of their unit to a time share or
fractional ownership.
Any Owner, renter or
occupants of any Residential Unit who desires to host a private party with more
than ten guests and who desires to utilize common assets shall notify the Board
in writing and shall include the following information: date and approximate
starting and finishing hours; number of persons attending and cleaning
arrangements regarding the Residential Units in order for the Board to inform
the other Owners about the event.
Complaints and
reports on any violations or breaches of any Bylaws shall be addressed directly
to the Board and not to the offender. No Owner, renter or occupant will be
allowed to reprimand another Owner or his/her guests, or take corrective
measures to the actions of the others in the event of any violation of these Bylaws.
ARTICLE
42. USE OF THE COMMERCIAL UNITS
The Commercial Units
shall be used solely for such purpose and not for residential purposes. It is
prohibited to reside in or to use as a house the commercial units, even on a
temporary basis.
Commercial Unit Owners,
renters or occupants are not allowed to use the common parking areas for
personal parking use other than one parking space in front of the commercial
area and two parking spaces on the parking building roof, as defined in the
master project of the Condominium and descriptive report.
It is strictly
prohibited for the Owners of the Commercial Units to open a business identical
to the existing ones in the commercial area without the written permission of
the Board. Due to the above, the Owners of commercial units shall register
before the Board the type of business intended to occupy a Commercial Unit.
In general, it is
prohibited for any Owner, renter or occupant of a Commercial Unit to utilize
any Condominium spaces for any purpose outside the commercial unit within the
complex or the common areas of the same, including parking areas, pools, gym
and recreational areas.
ARTICLE
43. LIMITATION TO THE
PRIVATE AREAS
Every Residential
and Commercial unit which is extended out of its corresponding private area by
having gardens, planters, terraces, floors and exterior walls or structures,
which technically may be considered as potential areas of construction, the Owners
are not allowed to add on, build or otherwise change the structure of the same without
the affirmative vote at the Owners Assembly of the Owners that represent at
least 65% (sixty five percent) of the Percentage of Undivided Interest of the
Condominium.
The above does not
limit the additions made within the spaces considered as interiors of the
private areas of the units.
ARTICLE
44. USE OF THE COMMON
ASSETS
The common assets
described in the public instrument which is part of these Bylaws shall be used
for the purposed established only.
Hallways, entries,
stairs, elevators, common porches, etc., shall not be obstructed or used for a
different purpose, other than entering, exiting or traffic.
VII.
OBLIGATIONS, RULES AND RESPONSIBILITIES OF THE OWNERS, RENTERS OR OCCUPANTS
ARTICLE
45. OBLIGATIONS OF THE
OWNERS, RENTERS OR OCCUPANTS
a) No Owner, renter or occupant of any of the Private Units is allowed
to place, store or pile items in the lobbies, walkways, stairs, corridors,
floors, gardens or other common assets of similar nature, including but not
limited to furniture, boxes, packages or other objects which may obstruct the
traffic through such common assets or otherwise interfere with the intended use
of the common assets.
b) Each Owner, renter or occupant of the Private Unit shall be in
charge of their cleaning and sanitation, and shall abide by the laws,
regulations or other provisions established by the authorities, either federal, state or municipal, the Owners Assembly or
the Board.
c) No Owner, renter or occupant of a Private Unit shall misuse such unit,
or contravene any legal provision or alter any furniture, equipment or object
of the common areas.
d) No Owner, renter or occupant of a Private Unit may make
modifications to the external facility of their unit without the written recommendation
of the Architectural Committee and written approval of the Board. Modifications
which alter exterior walls, doorways, windows, shutters, exterior lighting,
patio or terrace or any common area, or otherwise obstruct or change the view
of any other Owner, must also have the affirmative vote of the Owners that
represent 75% (seventy five percent) of the Percentage of Undivided Interest of
the Condominium.
e) No Owner, renter or occupant may paint the exterior walls of
his/her Private Unit without the prior written recommendation
of the Architectural Committee and written approval of the Board.
f) Owners are not allowed to make repairs or alterations to the common
assets whatsoever, except for urgent repairs needed in the event of an
emergency during the Board’s and administrator’s absence.
h) Occupants are not allowed to hang clothes, carpets, signs or any
other objects on the windows, walls or handrails of the Residential Units.
i) Occupants are not allowed to dust off clothes, carpets or other
objects out of the windows of the Private Units or in the hallways or exteriors
of the Private Units or the adjacent areas if such activity is in a manner that
disturbs other Owners. In this regard,
it is also strictly prohibited to throw objects from the terraces and patios.
j) No bikes, skates, scooters, motorcycles and vehicles in general are
allowed in the main lobby, hallways, walkways and any other common areas other
than the designated parking areas.
k) No Owner or occupant shall be allowed to make any electrical or
telephone installation, TV antennas, machinery, or window air conditioning
equipment or any other equipment placed outside the Residential Units of the
Condominium or which may stand out from the walls, windows or roof of the same,
unless the Board grants written permission.
l) Objects, which due to their size, shape or weight may cause damages
to the floor, walls or roofs of the building shall not be permitted to be used
or stored in the Private Units. Acts which may increase the
regular insurance premiums, current or to be purchased on behalf of the
Condominium, shall not be allowed.
m) No unauthorized person shall be allowed to accompany the employees
in the performance of their regular duties.
n) Any Owner or occupant who requests any service or repair to his Private
Unit shall request it from the Board through a work order and the same shall be
charged to the Owner.
o) The maintenance, cleaning and any other staff personnel shall not be
allowed to provide special services to Owners unless the Board instructs the
staff to do so. Any additional costs incurred will be assessed to the Owner
requesting such assistance.
p) Each Owner shall pay the property taxes corresponding to his/her
unit, as well as any consumption costs for water, electricity, gas, etc., of
said Private Unit in the event of having an individual meter; this does not
relieve the Owner of the obligation to contribute to the general expenses of
water, electricity, gas, etc. of the Condominium. The installation of the
individual meters shall be borne exclusively by each Owner. The assessment
values used to assess the property taxes for the different sections shall not
alter or affect the value of each section.
q) The Condominium shall not be liable towards the Owners for defects
in the installation or operation of water, electricity, telephone or air
conditioning services or any other damages caused by said defects to persons or
the Owners property or their renters.
r) In general,
Owners, their renters, their occupants or their guests shall not do anything
which might adversely affect the good image and prestige of the Condominium.
ARTICLE
46. ADDITIONAL OBLIGATIONS OF OWNERS, RENTERS OR
OCCUPANTS
Besides any other
obligation contained herein, the Owners, renters and occupants are bound to
comply with the following provisions:
a) The Owners are bound to maintain their Private Units in good
maintenance conditions, according to the standards of the Condominium and shall
not allow the use of their units to any unwanted persons.
b) The Owners, their renters or occupant of their Private Units are not
allowed to install blinds, steel protections, awnings or exterior curtains,
without the written recommendation from the Architectural Committee and written
authorization from the Board.
c) The Owners, their renters or occupants of their respective units are
not allowed to install on the walls, windows or any other part of the
Condominium, any type of signs, without the prior written approval of the Board.
d) To pay in full and on a timely basis, their corresponding share of
the common expenses.
e) In the event any of the Owners enter into a lease agreement, the
Owner shall deliver an original of said agreement or agreements, signed
by the parties and three copies to the Board within three days following the
execution of said agreement.
f) To immediately inform the Board about any circumstance or fact
affecting or that may affect the property and common services.
g) To enact, precisely, timely and faithfully, all the provisions
contained in these Bylaws and to inform the Board about any irregularity or
breach to said provisions, of which the Owner may be aware of.
h) To allow, during normal working hours, the Board or the person duly
authorized, to inspect the Owner’s unit, in order to establish if the
obligations for said unit according to the Bylaws are met and the maintenance
status of the same.
i) To attend the Owners Assemblies in person or through a proxy duly
authorized and empowered.
j) The Owners, renters and occupants shall provide the Board with the
following information:
1. If the lock combination of the Private Units is changed, the Board
shall be informed, and the lock shall be of a type that may be opened with the
master key of the Board; and
2. The persons moving in or out of the building shall notify the Board
prior to such date in order to take the necessary steps to ease the process.
The Owner is
liable before the Owners Assembly and the Condominium for any defaults to these
Bylaws by the Owner renters, occupants or guests or users of the units in
general. Due to the above, the Owner is responsible for providing to their
renters, occupants or guests a copy of these Bylaws. The Board shall make the Owner
responsible for any default to these Bylaws made by any user of the unit in
question.
ARTICLE
47. COMMON RULES OF CONDUCT OF THE OWNERS,
RENTERS, OCCUPANTS AND GUESTS
In addition to the
above, the Board of Directors will establish the Common Rules of Conduct (Rules)
of the Owners and their respective guests, renters and occupants. These Rules will be published annually with
an electronic copy distributed to each owner and a current copy maintained at
the Board office as well as on the El Zalate website. These rules are mandatory
and may be amended from time to time by the Board; however the Owners Assembly,
by a 65% affirmative vote, can rescind any rule established by the Board.
The published
rules are not limited to, but can include, the following:
a) No Owner, renter, occupant or guest is allowed to make noises or
sounds which may be an annoyance or nuisance for the Owners of the other Residential
Units. This rule applies specifically to social gatherings, TV sets, radios,
music players, musical instruments, singing, yelling or loud conversations and
other, after 22:00 at during Sundays and weekdays, and after midnight on
Fridays, Saturdays or holidays.
b) The pools are for the exclusive use of the residential Owners, their
renters, occupants and a reasonable number of guests. The following rules regarding
the pools shall be followed at all times:
1. No glass objects are allowed in or near the pool;
2. Children under 12 shall be accompanied by an adult when using the
pool;
3. The pool is not allowed to be used before 06:00 hours or after 22:00
hours, unless prior approval by the Board is obtained;
4. If any Owner, renter or occupant desires to have a pool party with
more than ten guests, a request shall be made to the Board at least 24 hours in
advance for the reservation of the same.
5. It is the Owner’s or user’s responsibility to clean the pool and the
surrounding common areas around it after use. In the event the Owner or user
does not comply with the above, the Board has the authority to charge the Owner
with the expense of cleaning as well as a fine at the Board’s discretion.
6. The pool use is under the responsibility of the Owners, renters,
occupants or users. The Condominium does not and shall not have lifeguard service.
All Owners or users are required to keep the Condominium safe from any claim, whether
of their own or from third parties, regarding possible damages caused due to
the use of the pool.
c)
All common parking areas belonging to the Condominium
and may be used by any of the Owners of Residential Units without distinction.
It
shall be prohibited to park vehicles exceeding the dimensions defined by the
existing single vehicle markings. It is
also prohibited to park or store vehicles including, but not limited to:
recreational vehicles (mobile homes, campers, aircraft, boats, etc.), buses or
vans for more than (8) persons, trailers, inoperable vehicles or vehicle parts,
or any vehicle or equipment considered by the Board to be an inconvenience to
Owners.
The
Board, at its discretion, may elect to implement parking restrictions,
temporary or permanent, in order to provide convenience for Owners.
Owners of Commercial Units or occupants are not allowed to use the
common parking areas for personal parking use other than one parking space in
front of the commercial area and two parking spaces on the parking building
roof, as defined in the master project of the Condominium and descriptive
report.
ARTICLE
48. PETS
a)
Owners
are allowed one dog or one cat. No other pets of any type are allowed.
b)
No one
other than an Owner may have any kind of pet.
c)
Pets
must be registered with the Board for identification purposes; said
registration must be submitted in writing and must include certification that
the pet has the necessary vaccinations for its type.
d)
Pets
must be kept on a leash at all times while in common property.
e)
Pets
are not allowed in the pool or Jacuzzi at any time.
f)
Owners
are strictly liable for the behavior of their pets and, should the
circumstances arise, pay any direct or consequential damages as his pet may
cause.
g)
Owners
shall be responsible for cleanup after their pet.
h)
In the
instance that the Board has received three written complaints regarding the
behavior or actions of a pet, the Board, at its discretion, may require the
Owner to permanently remove the pet from the Condominium grounds.
VIII.
CREATION OF THE EL ZALATE CIVIL ASSOCIATION (A.C.)
ARTICLE 49. DIFFERENTIATION FROM THE GENERAL OWNERS
ASSEMBLY
The El ZALATE
ONE AND ONLY A.C. (A.C.), created by the contract of association contained in
public document number _________________, dated the ____ day of_______ _____, ____
executed before notary public number authorized to practice in Baja California
Sur, Lic. _________________, is a Civil Association
which by its own nature and by virtue of the provisions in the LAW is an entity
with its own juridical personality.
ARTICLE
50. PURPOSE OF THE CIVIL ASSOCIATION
The A.C. shall,
whenever the General Owners Assembly so decides, be entitled to perform such
deed, contracts and activities as may be expressly conferred upon it, always in
benefit of the interest of the Condominium.
ARTICLE
51. FUNCTIONS OF THE CIVIL ASSOCIATION
The A.C., in
addition to such matters as may expressly conferred upon it by the General
Owners Assembly, shall aid of the Board of the Condominium in the performance
of the Board’s duties as described in these Bylaws.
In this
regard, the functions of the A.C. include, but are not limited to, the
following:
A.
In aid of the Board, to enter on its own behalf
into all contracts with the Board, workers, professionals, technicians and
other providers of services and such personnel may be necessary to satisfy the
requirements of these Bylaws.
B.
In aid of the Board, to enter into all contracts
for the public utilities of water supply, electricity and others.
C.
Under responsibility of the Board, to be the
depository of Condominium funds and, if appropriate, to act as the holder to
title to such bank accounts as may be opened to that effect.
D.
In general, to serve as a representative before
the authorities and the community in general representing the interests of the Condominium
under the strict responsibility of the Board and with supervision of the Oversight
Committee.
E.
In aid of the Board, to acquire the equipment
and material necessary for aid of the Condominium management tasks, under the
strict responsibility of the Board and the supervision of the Oversight
Committee.
ARTICLE
52. LIMITATIONS OF POWERS OF EMINENT DOMAIN
The A.C. may not
at any time exercise powers of eminent domain without the express written and prior
agreement of the affirmative vote of the Owners that represent at least 75%
(seventy five percent) of the Percentage of Undivided Interest of the
Condominium.
ARTICLE
53. GOVERNANCE OF THE CIVIL ASSOCIATION
In accordance
with the charter of the ASSOCIATION itself, it shall be governed by these exact
Bylaws and shall be governed by the exact same Board which acts as such for the
Condominium.
ARTICLE
54. PARTICIPATION BY OWNERS
All Owners,
by virtue of their ownership of a Private Unit shall automatically be members
of the A.C. with voting rights as described in these Bylaws.