Condo Association Meetings in Mexico: The Expat Owner's Guide to HOA Governance in Los Cabos

Condo association meetings in Mexico operate under an entirely different legal framework than anything you have dealt with in the US or Canada. I have sat through more asambleas than I care to count, and the gap between what American buyers expect and what actually happens in a Mexican condo assembly is wide enough to cost you real money.

Mexican Condo Law Is Not What You Think

In the United States, HOAs are creatures of contract — governed by CC&Rs (Covenants, Conditions & Restrictions) that are essentially private agreements between owners. In Mexico, condominium governance is governed by state legislation. For Los Cabos properties, the controlling statute is the Ley sobre el Regimen de Propiedad en Condominio del Estado de Baja California Sur, originally published November 30, 2007, with the most recent reform dated October 31, 2016.

This is not a technicality. It means your condo board cannot simply vote to change the rules because a majority wants to. The law sets the floor — quorum requirements, assembly procedures, voting thresholds for different decisions — and the escritura constitutiva (constitutive deed) and reglamento interno (internal regulations) build on top of that. Any provision in the internal regulations that contradicts state law is void.

Every development I work with in Pedregal, Palmilla, and Diamante operates under this framework, though the quality of governance varies wildly from one community to the next.

Ordinary vs Extraordinary Assemblies

Mexican condo law distinguishes between two types of assemblies, and the distinction matters because they have different quorum requirements and different powers.

Asamblea Ordinaria (Ordinary Assembly)

Think of this as your annual meeting. The ordinary assembly handles routine business:

• Approving the annual budget and maintenance fee schedule
• Reviewing the administrator's financial report for the prior year
• Electing or reelecting the administrador (building manager) and the comite de vigilancia (oversight committee)
• Approving routine maintenance and repair expenditures
• Setting or adjusting the reserve fund contribution

Under Baja California Sur law, resolutions at an ordinary assembly require a simple majority — more than 50% of the total votes of condominiums represented at the meeting. The key phrase is "represented at the meeting," which means quorum matters. On first call, you typically need more than 50% of total condominium interest present or represented by proxy. On second call — usually scheduled 30 minutes to one hour after the first — the assembly can proceed with whatever owners are present.

That second-call provision is where absentee owners get hurt. If only 20% of owners show up to a second-call ordinary assembly, that 20% can approve the budget, set your fees, and elect the administrator. I have seen developers exploit this repeatedly in Fonatur and El Tezal developments where most buyers are seasonal residents.

Asamblea Extraordinaria (Extraordinary Assembly)

Extraordinary assemblies handle decisions that change the fundamental structure of the condominium:

• Amendments to the constitutive deed (escritura constitutiva)
• Changes to common areas — selling, encumbering, or altering shared property
• Major capital expenditures and special assessments above a threshold set in the regulations
• Dissolution of the condominium regime
• Modifications to the internal regulations

These resolutions typically require a supermajority — 75% or more of total condominium interest in many BCS developments. This is a much higher bar and exists to protect minority owners from having their property rights altered without broad consensus. In practice across Mexican condo law, amending the constitutive deed typically requires at least 75% of condominium interest — a threshold that exists precisely to protect minority owners.

Voting Rights for Fideicomiso Holders

Here is where it gets complicated for foreign buyers. You do not own your condo directly — your fideicomiso (bank trust) holds legal title. The trust bank is technically the legal owner, and your rights flow through the trust agreement.

The good news: properly structured fideicomiso agreements grant the beneficiary (you) full rights to participate in condominium assemblies, vote, and be elected to the oversight committee. The trust bank does not attend your condo meeting. You do, or your proxy does.

The bad news: I have reviewed trust agreements where the voting rights clause was vague or missing entirely. If your fideicomiso does not explicitly state that you have the right to attend and vote at condominium assemblies, you could face a challenge from a developer-controlled board looking to exclude foreign owner votes. This is rare, but I have seen it.

Before closing on any condo in Los Cabos, verify that your fideicomiso agreement includes an explicit clause granting you assembly attendance, voting, and proxy delegation rights. Your attorney should confirm this — it is a standard inclusion, but "standard" does not mean "automatic."

Proxy Voting: The Absentee Owner's Lifeline

If you live in Phoenix or Vancouver and your condo assembly in Cabo San Lucas is on a Tuesday in March, you are probably not flying down for it. Proxy voting is how you protect yourself.

Mexican condo law allows proxy voting through a carta poder — a simple power of attorney that authorizes someone to attend and vote on your behalf. This is not the same as a full poder notarial (notarized power of attorney used for property transactions). A carta poder for an assembly is simpler:

• It names the specific assembly date and location
• It identifies you as the condominium owner (or fideicomiso beneficiary)
• It names your proxy and the scope of their authority
• It should specify whether the proxy can vote freely or must follow your instructions on specific agenda items
• Two witnesses sign alongside you

Who should be your proxy? Options include your property manager, your attorney, a trusted neighbor who is attending anyway, or the administrador (though I would avoid giving your vote to the person whose performance you should be evaluating). I generally recommend using your property manager or attorney — someone with a professional stake in doing what you asked.

Developer-Controlled Boards: The Transition Problem

In most new developments across Los Cabos, the developer controls the condominium administration until a majority of units are sold and occupied. This is legal and, in early phases, even practical — someone has to manage the common areas while the project is still being built out.

The problem arises when the developer does not relinquish control. I have seen developments in the Cabo San Lucas area where the developer maintained administrative control years after selling 80% of units. During that period, the developer sets the budget, hires contractors (sometimes its own subsidiaries), and makes decisions about common areas without meaningful owner input.

Red flags to watch for during due diligence on any condo purchase:

• The developer still controls the administration despite having sold more than 60% of units
• No independent financial audit of the condo association has ever been performed
• Assembly minutes are not available or are incomplete
• The reserve fund is underfunded or nonexistent
• Major contracts for maintenance, security, or landscaping are with developer-affiliated companies

Our developer handover guide covers the transition process in depth. The short version: the transition from developer to owner control should happen per the timeline in the constitutive deed, and if it has not, owners have legal recourse under BCS condo law to demand an assembly and elect their own administration.

How to Challenge an Assessment or Board Decision

If an assembly passes a resolution you believe is improper — whether because the quorum was not met, proper notice was not given, or the resolution exceeds the assembly's authority — you have legal options.

Under Mexican condo law, the typical process to challenge an assembly resolution is:

• Document the defect: Were proxies counted correctly? Was proper notice given (usually 15 days minimum for ordinary assemblies, 30 days for extraordinary)? Was the quorum verified at the start of the meeting?
• File a written objection: Submit your objection to the administrador in writing within the timeframe specified in the regulations — typically 15 to 30 days after the assembly
• Request a new assembly: Under BCS law, a group of owners representing at least 20% of condominium interest can request a special assembly to revisit the contested decision
• Legal action: If internal remedies fail, you can file a civil action in BCS courts. The statute of limitations varies but is typically one to two years from the date of the contested resolution

I want to be clear: legal action is a last resort. Most disputes I see get resolved through negotiation and a properly called follow-up assembly. But knowing your legal rights gives you leverage in those negotiations.

Practical Tips for Absentee Owners

After advising dozens of buyers through their first condo assembly experience in Los Cabos, here is what actually works:

• Read the minutes. Request copies of the last three years of assembly minutes before you buy. They reveal more about a development's governance culture than any brochure. If the administrator cannot produce them, that tells you everything.
• Join the WhatsApp group. Almost every condo community in Los Cabos has an informal WhatsApp group where owners share information. This is where you learn about issues before the formal assembly notice arrives.
• Attend virtually when possible. Post-COVID, some developments now allow video attendance. Not all do — it depends on what the internal regulations permit. If yours does not, propose an amendment at the next assembly.
• Build relationships with year-round owners. The full-time residents who attend every meeting are your best allies. They know the administrator, they know the issues, and they can represent your interests informally even when they are not your formal proxy.
• Track your payments. Keep receipts for every maintenance fee payment. Owners who are behind on fees lose their voting rights under BCS law. This is not theoretical — I have seen administrators challenge votes from owners with outstanding balances.

The condo financial statements guide covers how to read the association's books, and the special assessments guide explains what triggers them and how to protect yourself.

What Good Governance Looks Like in Los Cabos

The best-governed developments I work with in Los Cabos share common traits:

• Professional third-party administration, not a developer subsidiary
• Annual independent financial audits available to all owners
• Reserve fund at 25-40% of annual budget, with a capital reserve study updated every 3-5 years
• Regular ordinary assemblies with well-documented minutes distributed within 30 days
• Clear, transparent bidding processes for contracts over a set threshold
• An active comite de vigilancia (oversight committee) composed of owners, not developer representatives

Communities like Pedregal, Palmilla, and the better-managed buildings in Diamante tend to hit most of these marks. Newer developments and those still in developer transition? Check carefully.