ASOCIACIÓN DE CONDÓMINOS KOAI

CONDOMINIUM KOAI”

“CONDOMINIUM REGULATIONS”

CONTENT:

CHAPTER I. – GENERAL DISPOSITIONS

CAHPTERII. – RIGHTS AND OBLIGATIONS OF THE OWNERS

CHAPTER III.  OWNERSHIP METINGS

CHAPTERIV. – VIGILANCE COMMITTEE

CHAPTER V. – THE CONDOMINIUM ADMINISTRATOR

CHAPTER VI. – THE FULFILLMENT OF THE OBLIGATIONS

CHAPTER VII. – DESTRUCTION, RUIN AND RECONSTRUCTION OF THE CONDOMINIUM

CHAPTER VIII. – JURISDICTION

APENDIX “D”

CHAPTER I

GENERAL DISPOSITIONS

Article 1 During this Regulation and for clarifying the same, the following definitions will be used.

1. It will mean the set of buildings, lands, facilities and services denominated KOAI, constructed on lot 128 of the Property Regime of the denominated Condominium “COMPLEJO TURISTICO YALKU” by means of the Public Deed number 8454 dated May 6 2008, before the notary public number 34, Mr.  Juan Abundio Martinez Martinez, of this city Playa del Carmen, Municipality of Solidaridad, Mexico. For all the legal effects will be denominated “KOAI CONDOMINIUM ”.
2. PUBLIC DEED. It will mean the public deed and documents attached formalization documents before a Notary Public who demonstrate the constitution of the Regime of Property in Condominium.
3. The Civil Code of the State of Quintana Roo to be effective.
4. Are the set of dispositions contained in the present document.
5. It will mean the person who has use of right, enjoys and disposition of one or more of the units or the privative areas that conform the condominium, as freeholder, purchase or trustee.
6. Each one of the residential units that integrate the condominium, according to the public deed.

Article 2. All the owners, freeholder, trustees, usufruct  or renter, the people who occupy the apartments, goods and elements of common use, their relatives, employees, visitors and generally who have disposition or possibility of use, by means of allowed cause, of the privative units, and areas of common use, are put under and forced to the fulfillment of all the dispositions contained in the present Regulation, as well as to the arranged thing by the public deed, the Civil Code and the resolutions adopted by the General Ownership  Meeting  and within its faculties of the Vigilance Committee  and the Administrator.

Article 3. The condominium has areas of  common use pertaining in joint estate to all the owners and by privative areas of exclusive or privative property of each one  denominated as apartments. Its areas of common use, those destining to the use of the community for satisfaction of the collective needs and the fulfillment of recreational aims, also of collective character, whose property and use are in force by the applicable Laws. Within these, specifically settles down that are goods of common use so that the owners have access to the roofs of their own building.

Among others areas of common use are, in declarative form but not limiting it, the following:

1. The total land that as planned occupies the condominium in the public deed, cellars, porches, front door, lobbies, stairs, roofs, except the part that specifically is indicated in the public deed like privative of some unit, patios, gardens, footpaths, spaces which they have been indicated in the sufficient licenses of construction like for parking of vehicles and inclines, entrance and exit, whenever they are of common areas.
2. Swimming pool, lounge, gardens, accesses, as well as all the premises destined to the general facilities and common service, different from the privative areas.
3. Construction, infrastructure, facilities, apparatuses and other objects that serve the common use and enjoys, such as graves, wells, cisterns, water container, pumps, boilers and motors, drains, conduits of water distribution, drainage, air conditioned, common electricity and gas to several or all the privative units, the works of recreation, decoration, reception or social meeting and other resemblances except which they exclusively serve to an apartment or privative unit.
4. Structures, walls of load and the outer ceilings of common use, elements like facades, outer pérgolas, doors, windows and other elements, constitute the outer aspect of the condominium, excepting those of private benefit.
5. All the furniture, materials, adornments, trees and other elements that are inseparable united to the elements of common property, as well as any other constructions, equipment or facilities establishes with this regulation  such character or the public deed.

The parking in the form and terms that settle down in the present regulation.

Article 4. Is of common property, only of the adjacent owners, walls and other divisions that to each other separate the apartments nevertheless, the water pipes, gas, electricity, drainage, telephone, heating or air conditioner that are contained within the physical limits of the deprived property, belong in exclusive form to the owner or freeholder of the apartments whose exclusive service is destined.

Article 5. The right of each owner on the elements of common property, is inseparable of its right on the apartment, and therefore such right could not be alienated, be transferred, be taxed, given in renting or any form in which it is transmitted to the use, divided or modified in separated form of the privative unit.

Article 6. Are areas of private property or privative the apartments, property of each one of the owners in the number, form and terms in which it is described in the public deed.

CHAPTER II

RIGHTS AND OBLIGATIONS OF THE OWNERS

Article 7. The apartments, local areas and facilities that correspond to the same, are object of individual appropriation and each acquirer of an apartment, will be singular and exclusive proprietor of the same and co-owner of the elements and common parts of the building in the proportion that establishes the index table of co-ownership percentage that is attached in the public deed.

The owners of the apartments have the right to use and to set out of the same, subject to the modalities and limitations that establish in the public deed, of this Regulation and the respective Laws.

Article 8. Each owner will be able to alienate, to rent, to mortgage, or to burden in any form its apartment without needing knowledge or consent of the other owners, but it will have to notify in writing to the Condominium Administrator realize the corresponding registries. Specifically the one settles down, that is prohibited to all the owners to affect its units in the modality of timesharing. For the distraction under any title, the condominium must be to current in the payment of its quotas of maintenance in the distraction, burden or seizure of the apartment, will be invariably and without limitation a, the rights to the communal properties that correspond to the Owner. Only will recognize like owners and therefore only will be able to exert the rights  briefed in present chapter, people that is properly enrolled in the Registry of Owners, that will take the Condominium Administrator and where it will write down his name, address and number of apartment,  that is freeholder, or directly or under a trust and when is applicable the name of the user and its rights to represent the proprietor of the same.

Article 9. The owner and its assignees or any other assignee, will suitable the obligations that each of them will assume against owners and will determine if the user of the apartment will have the representation of the owner before the Ownership Meeting. The owner, at any moment, will be shared in common the obligations of the user. The adjustments that celebrate on the matter will have to be notified in writing to the Condominium Administrator for the effects that come.

Article 10. Each owner will have to use of the communal properties and to use as the common facilities according to the normal nature and destiny of the same, whenever it is restricted neither makes the more the right onerous of the others. In any case, it will have to repair the damages that are caused to the mentioned common goods, services and facilities. If does not do it, the Administrator will come to realize the repairs whose cost will be loaded to the account of the responsible owner, previous requirement to the owner.

Article 11.  Although a owner leaves its rights or resigns to use certain communal properties, will continue subject to the obligations that impose the respective laws, the public deed, this regulations and others dispositions.

Article 12. Each owner or user, will have to use its apartment and the goods of common property according to the moral and good habits, in calm and ordinate and will not be able to use them for aims different from the assigned ones in the public deed and the present Condominium Regulations. Some will not be able either to execute act that disturbs the tranquility of the others owners or that jeopardizes solidity, security, comfort, prestige and good aspect of the condominium, nor to incur omissions that produce similar results.

As far as the goods, facilities and services, the owners and the users, will have to abstain from all act, still inside their units that prevents or makes less effective the operation, it hinders or it makes difficult to the use or advantage of the communal properties. Also, the owners  will be forced to specially maintain in good condition of use and operation the facilities of their units in the cases in that of not doing it, harm in any form the communal properties or privative of another Owners. The violators of the dispositions that precede will be responsible for the expenses that are caused to repair the goods and facilities and to if so restore the services in question and of the other damages that cause with breach as long as are with right to it.

Article the 13.- Owners who wish to destine their units to renting in the hotel system, will have to notify from this situation to the Condominium Administrator informing into the person or company who is responsible for her obligations before the condominium. The owners who wish to destine their units to the simple renting for permanent residential uses, will be able to do it, maintaining it responsibility of obligations and notifying the Administrator of the Condominium. The notification of the previous paragraph described that will have to contain the name of the renter and the time of the renter.

Article 14  In order to assure the tranquility and comfort of the Owners, the good aspect and the prestige of the Condominium, the following prohibitions settle down in declarative and no limiting form:

1. Pets in the facilities of the condominium will not be allowed.
2. To use the corridors, stairs or any other common space to slide, to mount bicycle or similar games, noisy and especially violent, as well as for the temporary or permanent positioning of plants or any other ornamental or another nature that have not previously improvement of the Condominium Administrator.
3. Generally to place different decorations in the facade or the walls labels, from which the Administrator authorizes. Also, will have to respect the colors authorized for the curtains with view to the outside of the Condominium, with the purpose to give an uniform aspect and to avoid alterations to the same. The outer view of the curtains will have to stay in good conditions. The design of the anticyclone curtains will have to be uniform for all the privative units and therefore the design, color and other characteristics will be equal to the approved ones by the Administrator
4. To hang clothes or other objects in windows and balconies.
5. To install and to use in the units, balconies or in the patios: spits, machines or motors different from the usual ones for the service of the place.
6. To throw outside sweepings units, this will be able solely to be placed in the rubbish dumps indicated by the Condominium Administrator.
7. To install and to use in its units, balconies, public areas spits or any machine that produce fire, with exception of portable spits that have the gas deposit integrated in the apparatus.
8. To introduce more of one vehicle in the areas of parking and circulation of the building. The owners will have to park their vehicles in the noticeable places, for such aim, without invading the neighboring spaces. Places assigned especially do not exist, reason why the owners will have to park their vehicles as they arrive, trying not to hinder the access of parking. It is prohibited to introduce vehicles or light trucks that measure more than 4,80 meters in length and any other type of vehicles. It is prohibited to leave in the parking vehicles in the form of permanent or decomposed.

Article 15 Except for the described in the articles 16 and 17 the Owners Regulation, the Owners can make all type of facility, modifications or repairs inside their units, whenever such works do not alter the destiny of the same and do not affect the structure, facilities, facades, spaces of circulation, lobbies and other areas of common use, nor restricts the use or harms the good inner or outer aspect of the Condominium. For the accomplishment of these works, they will have to obtain the previous permission and in writing of the Administrator of the Condominium. When the works that a Owner tries can affect in any form the goods or services of common use or the units of some other Owner that wants to realize must successfully obtain previously in writing the approval of the Administrator or in his absence of the         Vigilance Committee and, where appropriate, of the Owners, in both situations guarantees before the Administrator or the Vigilance Committee and to its satisfaction, the repair of any damage that will get cause if necessary and, the replacement of the things to its previous condition. If the cost of works must be distributed between one or more Owners, these will have to be put in agreement to indeed cover in the date with initiation. The owners will have to leave in the power of the administration a copy of the access keys to their unit, for the case of the necessary repairs and the necessary precautions in case of hurricane or fire.

Article 16 Specifically is prohibited to the Owners:

1. To modify or to alter in any form the walls of the facades, the color or any other element of these, including the windows, the balconies and the glasses of both or to put in facades labels or signboards. In the case of placing anticyclone curtains, the model and color of these will have to be authorized by the administrator with the purpose to conserve a uniform view of the condominium.
2. To modify or to alter in any form the walls that separate the areas of privative property of the lobbies, corridors or other spaces of common property, doors, windows or to make boring in those walls; to modify in any form the outer aspect, the decoration or the color of the repeated walls, of the doors or other elements that there are in the same. In no case the owners will be able to open new doors or windows towards the lobbies, rests or zones of common use.
3. To modify, to perforate, to open hollows or to alter in any form the structural slabs that divide the diverse floors, even though they agree the owners with the authorization of the Condominium Administrator in writing.
4. To place wires for telephones, radios, televisions, antennas, etc. towards the outside of the building, but they will use in any case the existing facilities for such aims. The antennas for the individual service of restricted television will have to be always placed with the conformity of the administrator and in the assigned common areas for so object .

Article 17 The maintenance of the goods, facilities and equipment of common use and the repairs that require the same when it is necessary, will be realized by the Condominium Administrator.

1. The works for the conservation, stability and security of the buildings that form the Condominium and for on-speed operation and effective of their services, will be carried out with the previous approval of the Administrator, at the expense of the corresponding bottoms.
2. The works authorized, in any case, will not have to affect the structure, salubrity, operation, comfort, prestige and good aspect of the affected units or the set of the condominium.
3. Any inspection or work that it must become in slabs or structural walls or the facilities and equipment of common property at which there are to arrive through wall of a unit, of deprived property, will have to be approved previously by the Condominium Administrator and will be executed excluding any other person, by the personnel who the Condominium Administrator commission for the agreement fulfillment. The previous thing will also be applied in the cases of inspection and works that must become in facilities pertaining to a different owner, and as far as the cost of these works, it will be covered at the expense of the existing bottoms, kind to the arranged thing in the interjection a) of article 18 of this Regulation.
4. In any case it is prohibited any works that put in danger the security of the condominium or its occupants, or that permanently prevents the use of some part or common service. For the case that provoking some emergency that could affect the building, the Condominium Administrator will have the right to make all the repairs that consider necessary if they were urgent and the Vigilance Committee cannot be reunited.

Article 18 Is common expenses in charge of the Owners:

a). The cost of the services of water, electrical energy, Landed Property Tax (Impuesto Predial), telephone and other costs that cause the common goods and services, including the relative taxes and rights. In case exist measuring of water individual for each unit, the owners will have to pay their own consumption, plus the proportional part of the general consumption of the building, calculated according to the cost by cubic meter of the public service. It is prohibited the installation of stationary gas tanks for the service of the units.

b). The fees, pays, wages, compensations and other benefits of Law of all class of personnel to the service of Condominium, as well as the corresponding supervisory quotas of the Social Insurance and Infonavit and other benefits that demand the laws.

c). The fees to workers, companies or professionals that take part in the management or advising of subjects of the Condominium.

d). The cost of the applicable and equipment for the taken care of cleaning and of the common parts of the buildings and for the attention of gardens.

e). The cousins of the insurances against all risk, but in any case will have to cover the damages caused by fire, hydrometeorological hurricanes, swells and other phenomena, trying to look for the greater protection and the deductible minors and co-insurances. The owners will have to cover the proportional part that corresponds to the amount of the premiums, whose amount will occur to know the owners in the annual general meetings. The cover, corresponding to the safe on contents will be by account and cost of each condominium according to the policies that engage the owners directly.

f). The amount of the expenses of conservation and maintenance of the common goods and services and the others that have this character, according to the nature of the regime of Condominium or that must be considered like such, according to the Laws, the public deed and this Regulation.

Article 19 Each owner will have to contribute to the expenses of Administration, conservation, operation, maintenance and repair of the common goods and services, in co-ownership percentage proportion to the inserted one in the public deed that corresponds to its privative unit. The previous, includes the cost of the works that require the ceilings in their outer part and the cellars that will be on behalf of all the Owners, just like the repair of the flaws caused by earthquakes, rays, hurricanes or collapses differentials of the ground and generally to forces of the nature.

Article 20 The Owners will give warning immediate to the Condominium Administrator from any damage to the common areas and these damages will be repaired at the expense of the general budget of the condominium, except when fault or negligence of some of the Owners or its assignees have been caused directly by, in which case, the responsible Owner will pay such damages. In this last case, if the repair is in urgent manner, the cost of the same will be paid provisionally by the Administration at the expense of the responsible Owner that will have to reimburse it.

Article 21 The Owner Meting will adopt the annual budget of expenses that will have to include the constitution of a bottom destined to the expenses of administration and maintenance, as well as reserve funds for the acquisition and replacement of applicable machinery and equipment and improvements decided by the General Owners Meeting. The bottom for expenses of administration and maintenance and the acquisition and replacement of goods, will have to be equivalent to the amount of at least three months of operation of the condominium. While the indicated bottoms are not used, these will be invested in banking deposits with fixed interest or values of fixed rent of easy accomplishment, approved by the Banking National Commission and Mexico Values.

Article 22 When approving the annual budget, the Meeting will determine the corresponding ordinary quotas and that will be contributed by the Owners to cover them, according to the co-ownership percentage that corresponds to them. Also, the Owners have to cover the extraordinary quotas that the Meeting approves to carry out repairs, works, improvements and other expenses that the same Meeting approves, like additional cost to the budget or to complete or to replace the reserve fund, when it has been necessary to have the same.

Article 23 The ordinary quotas to cover the budget, will be paid monthly by the owners, in advance, within the fifteen natural days of every month (modified from 5 to 15 days on February , 2017 General Assembly of Owners)  . The Extraordinary quotas will have to be pleased in the form and terms anticipated by the Meeting and if it is omitted to solve on the matter, within the five working days following to the written requirement of the Administrator.

Article 24 The Owners that does not pay the ordinary or extraordinary quotas opportunely to their position, will paid moratory interests at the rate of the type that determines the Meeting or to its defect, with the five monthly percent. When according to the Owners Meeting there are important changes in the financial situation of the market, the own Meeting will be able to modify the moratory interests.

Article 25 The conducive part of drafts of the Meeting in which the payment of ordinary or extraordinary quotas is approved, signed by the Vigilance Committee of the Condominium, accompanied by the liquidation of the Capital and accessories of indebted the relative one, subscribed by the Administrator or the Vigilance Committee and of pending receipts of payment, brings prepared execution in the civil executive route against the failed to fulfill Owner, whenever, if it is monthly payments, the debit is of three months at least. The credits that are originated by the indicated concepts and any others that derive from the Condominium, enjoy real guarantee on units to that they talk about and will affect the same although are transmitted to third parties; these credits will be able to register in the Public Registry of the Property, although the relative judgment has not been promoted, by means of the formalization before Public Notary of the certainties who indicates the paragraph first that precedes. The inscription of this burden in the Public Registry of the Property, gives the right interested to obtain from the Condominium Administrator and any creditor, a liquidation of the pending debits. The liquidation of the debits will provide effect if it goes subscribed by the Condominium Administrator or in its defect by the President of the Vigilance Committee.

Article 26 When an owner delay in its monthly payment, the Condominium Administrator, will distribute the amount of the debit overcome and of which they are continued winning between the other owners, in co-ownership percentage on to the attached one in the public deed until the total recovery of the debits. When being obtained delay, the Administrator will reimburse to the owners the amounts that each of them has covered will credit or in account for the future payments of quotas of maintenance.

Article the 27 Controversies that arise between the owners with respect to the activities that carry out within the Condominium, will be put under the consideration of the Vigilance Committee, which will be able to express opinions to solve the controversy. In the case of not being accepted these opinions, the controversies will be put under the authorities that correspond.

CHAPTER III

OF THE OWNERS METING

Article 28 The Owners Meting is the supreme Organ of the Condominium. One will meet in the condominium or in the place that indicates who will make the call. One will be due to reunite at least once a year, when the Administrator, the President of the Vigilance Committee or the owners summon that represent at least the twenty-five transcribed percent of the co-ownership percentage in the public deed. The participation in the Owners Meting will be in force by the established in Law, the public deed and this Regulation. Owners meeting may also be held by electronic means (video conferencing) when this means is more convenient to ensure greater participation of the owners in the assemblies. Likewise, decisions regarding the affairs of the condominium can be made via email. ( Paragraph added at the 2022 Assembly ) 

Article 29 The call for the General Meting will have to contain the Daily routine, the place, date and stated time for its celebration and will be notified in writing ahead of time of ten days to each one of the Owners in the department of its property. The Administrator or the person or people who summon the Meeting will be able to designate a different place different from the Condominium for their celebration. The Owners will be able to indicate another address in writing to hear notifications that there are to do to them and the call will have also to be sent them to the indicated address. If some condominium indicates like address a direction of electronic mail, the call will have to be sent him by this means. In addition the Condominium Administrator will place the call in visible places of the condominium and will be able to publish in a newspaper of important circulation in the City of Playa del Carmen, with the same anticipation mentioned in the paragraph that he proceeds. In the same form that settles down in the preceding paragraph will be able to be summoned to the Meting in case of urgencies, according to the Vigilance Committee.

Article 30 If all the owners present or were properly represented, will be able to be celebrated the Meting without needing of call. If in the Meting all the points included in the Daily routine could not treat, the own Meting will be able to continue in the subsequent days that determine, without needing a new call.

Article 31 The Owners, will be able to be made represent in the Meting b notarized power of attorney, also being enough the granting of a simple power of attorney, signed before two witnesses. In the case of resident owners abroad, the power of attorney will be enough properly signed by the condominium. These documents will have to be reviewed under their responsibility by the respective secretaries. The administrator and the fears of the Vigilance Committee, as well as the employees of the condominium, could not be representing of condominiums. The owners will only be able to represent another condominium, except their relatives until the fourth degree, those who will be able to represent without a limit number.

Article 32 The meting will be preside by the President of the Vigilance Committee and for this, the Administrator in the absence of the named will preside over the person who designates the Meting.

The President will name one or two secretaries among the same owners presents, that will point out the names of the present Owners, as well as the co-ownership percentage that represents. The Secretary will raise Meeting Minutes will transcribe and authorized in the Act Book by the Municipality President of the Municipality of Solidarity. The respective Acts will be authorized by the President and the Secretary of the Meting and will add to the same the list of attendance signed by the examiner.

The Administrator Condominium r will communicate in writing to the Owners, the resolutions adopted by the Meeting, within thirty days following to the celebration of the same.

Article 33 In the cases that the public deed, the Laws or this Regulation determine a greater percentage, the Meeting will be considered installed to virtue of first call legally presents 90% of the co-ownership percentage. If it is realized in the second call, for their validity 51% of the co-ownership percentage will have to present at least. If the Meeting takes place in regard to third call, the resolutions will validly be pleased whatever the co-ownership percentage that represent the presents. The call for the celebration of the assemblies in second and third call, could at least be made jointly of which it takes control for the first call, indicating a difference of 30 minutes between each of them.

Article 34 In the Meeting, each owner will have the right to a number of votes equivalent to the co-ownership percentage that corresponds to the department. Except the cases in that the Civil Code or this Regulation warn the opposite, the resolutions will be taken by simple majority of votes of the presents.

Article 35 The described majorities are required indicate so that the Meeting can take valid resolutions on the following subjects, or in first, second or third call:

a). The fifty one percent (51%) of the votes of the totality of the owners computed according to the inserted index of co-ownership percentage in the public deed, as well as of the majority of the owners will be required: 1. In order to modify the Constitution of this Regulation. 2. In order to solve on the reconstruction demolition or sale of the communal properties, as well as with respect to their destruction by ruin or age.

b). The majority of the votes of the co-ownership percentage will be required represented and the majority of the present owners: 1. In order to designate or to remove the Condominium Administrator or to modify or to revoke the measures taken by this Administrator. 2. In order to designate or to remove  the members of the Vigilance Committee. 3. In order to establish Extraordinary Quotas in agreement with the predicted in this Regulation.

c). For other cases in that the public deed, the Civil Code or this Regulation, specifically requires described majorities, will be to which prevent the relative dispositions.

Article 36 Voting will be economic, that will not be necessary specifically to take note from the names of the owners that vote in each sense, unless therefore ask for at least the twenty-five percent of the owners presents, in which case the voting will be nominal.

Article 37 The annual Meeting will have to take care of the following subjects, notwithstanding the others that the call includes:

a). To freely appoint and to remove the Condominium Administrator.

b). To give responsibilities against third parties in charge of the Condominium Administrator and those that responsibility of the Owners by acts of this Administrator, executed in or on the occasion of the position that carries out.

c). To name and to remove to the members of the Vigilance Committee.

d). To examine and if so to approve the annual bank statement that puts under the Administrator its consideration.

e). To discuss and if so to adopt the expenses budget of operating for the following year.

f). To establish the operating quotas in charge of the Owners to cover expenses, to set up a bottom destined to the operating expenses and administration and another reserve fund for the acquisition and replacement of machinery whereupon must count the Condominium. The payment of quotas will have to be divided in proportion to the co-ownership percentage each one of the privative units, fixed to the public deed.

g). To decide the exercise of the actions that come before the competent authorities when the Condominium Administrator or the members of the Vigilance Committee infringes the Laws, the public deed, this applicable Regulation or any legal dispositions.

h). To instruct to the Condominium Administrator on the form in which there will be to take care of and to watch the common goods of the Condominium and services, as well as the form in which will be to promote integration, organization and development of the community of Owners.

i). To adopt the conducive measures on the subjects of common interest that  are not included within the conferred function by  the Condominium Administrator.

j). The others that confer to the Civil Code, the public deed, the applicable Regulation and other legal dispositions.

Article 38 Resolutions legally adopted by the Meeting force all the owners, even to the absentees or dissidents.

CHAPTER IV

VIGILANCE COMMITTEE

 

Article 39 The Vigilance Committee will be integrated by a minimum of three people who will be appointed or removed by the Meeting, that could be or no owners. Between members a President will designate itself. It is suspension cause the fact that some of the members of the Committee owes an equal amount to three months of anyone of its financial obligations in the Condominium.

Article 40 The Vigilance Committee will have the following attributions and duties:

1. a) The President, with the recommendation and consent of the other members of the Committee will be able in case of existing vacant positions, in the Committee, to replace provisionally to the missing member, will be functions until the following Meeting really decides the appointment.
2. b) To make sure that the Administrator fulfills the agreements of the Meeting and the dispositions contained in the Civil Code, the public deed and this Regulation.
3. c) To be pending of which the Condominium Administratorcarries out the pursuit of the functions anticipated in the paragraph that precedes. To receive the complaints of the Owners against this Administrator and to take measures that considers pertinent in view of these complaints, after hearing the Condominium Administrator.
4. d) To authorize the Condominium Administrator to execute necessary or advisable works for the conservation and common maintenance of the goods, facilities and services of the condominium.
5. e) To verify the bank statements that must render the Condominium Administrator and take part in the revision and formation of the annual bank statement that must be render by the Administrator to the Meeting.
6. f) To watch the constitution, conservation, investment and handling of the bottoms for operating expenses and administration and the reserve for the acquisition and replacement of machinery and equipment and if so the other bottoms that meeting owners has decreed.
7. g) To give account to the Meeting of its observations on the Condominium Administration.
8. h) To inform to the meeting of the establishment that makes the breach of the Owners to the obligations to its position in the terms of the Civil Code, the public deed and this Regulation.
9. i) To help with the Condominium Administrator in the observations to the Owners on the fulfillment of its obligations.
10. j) To summon the meeting of owners when requirement the Condominium Administrator also does not within the three following days and when in his opinion, is necessary to inform to the Meeting of the irregularities which the Condominium Administrator incurred, with notification to this one so that it appears before the relative Meeting.
11. k) To authorize the emergency measures that considers advisable in the cases that, although are reserved to the Meeting, cannot be deferred to date from the meeting of this one.
12. l) The others that are derived from the Civil Code, the public deed, the applicable Regulation and other dispositions.

 Article 41 The Vigilance Committee will meet when therefore require the subjects of the condominium, when the president or two any of his members summons.

Article the 42 Members of the Vigilance Committee will last in their position per indefinite time, but they could at any time be removed freely by the Owners Meeting, but they will continue in its order until the new ones named take possession from their positions. This Meeting will be able to appoint the successor of the removed  Vigilance Committee. In case of death, removal, resigns, legal incapacity or permanent impediment of the Administrator, then the Vigilance Committee will designate by majority of votes to the successor to carry out the position vacant, until the Owners Meeting designates to a new Administrator.

Article 43 The Vigilance Committee will meet in any place within Mexico where it is summoned by means of the corresponding warning.

Article 44 It will exist a quorum in a session of the Vigilance Committee when the majority of their members are present. The resolutions adopted by the Vigilance Committee will be valid and force all the owners, when they are approved by the vote of the majority of the members that attend this session. The Owners Meeting by majority of votes of the presents will be able to modify or to revoke the resolutions adopted by the Vigilance Committee.

CHAPTER VI

CONDOMINIUM ADMINISTRATOR

Article 45 The Condominium Administrator will have the amplest faculties recognized by the Law, a general executive chief to celebrate all type of agreements and to realize all class of acts and operations by Law or disposition of the Civil Code, public deed or this Regulation specifically are not reserved to the Owners Meeting of owners. The Condominium will represent before all class of judicial authorities, civil or penal, labor or administrative, federal, state or municipal, with more ample to be able for lawsuits and collection and administration acts in terms of the Civil Code of the State of Quintana Roo, and the correlatives articles of the Civil Code of Mexico City, enjoying still those faculties that requires special clause and to which the Civil Code for the State of Quintana Roo talks about, and for correlative articles of the civil codes of Mexico City, including in declarative but non limiting form the following faculties.

1. – For lawsuits and collection, being able among another one:

a). To try or to stop all class of procedures, including of the shelter and before the authorities of the work.

b). To write and to sign judicial agreements and/or contracts with physical  or morals people.

c). To jeopardize in referees.

d). To answer and to articulate interrogatories.

e). To challenge.

f). To auction and to make cession of rights.

g). To receive payments.

h). To allow judicial resolutions.

i). To present/display denunciations and complaints in penal matter, and to stop when therefore it allows the law it.

j). To help with the Public Ministry.

k). To appear before the Work Secretary and Social Forecast, Federal and local Meetings of Conciliation and Arbitration in name and representation of the owners.

l). To dismiss personnel, to name and representation of the owners previous agreement with the Vigilance Committee.

m). To represent the owners in businesses of common interest previous authorization in writing of the Vigilance Committee.

2. – To be able to General Acts of Administration of the condominium goods, in the terms of the second paragraph of the Article 2.810 of the Civil Code of the State of Quintana Roo and its correlative of the Civil Codes of Mexico City.
3. – To be able in general terms of articles 11 (eleven), 46 (forty and six), 47 (forty and seven) and 134 (one hundred thirty four) fraction III (three Roman), 692 (six hundred and ninety two) fractions I, II, III (one, two and three Roman), (786) (seven hundred and eighty six), 787 (seven hundred and eighty seven), 873 (eight hundred and seventy three), 874 (eight hundred and seventy four), 876 (eight hundred and seventy six), 878 (eight hundred and seventy eight), 880 (eight hundred and eighty), 883 (eight hundred and eighty three) and 884 (eight hundred and eighty four) of the Federal Work Law, to represent the society before all class of authorities, federals, state and municipal, as well as before the Meetings of Conciliation and Arbitration and other work authorities.

Will be able to act before or in front of or the unions with which they exist celebrated collective contracts of work and for all the effects of individual conflicts; generally, for all the supervisory working subjects and to exercise before any of the work authorities and social services that article five hundred twenty-three of the Work Federal Law talks about: it will be able, also, to appear before the Meetings of Conciliation and Arbitration, Local or Federal; consequently, it will take the supervisory presentation for the effects of article eleven, forty and six and forty and seven, the representation of the society for effects to credit to the personality and the capacity in judgments or outside, in the terms of the article six hundred and ninety two, fraction II and III (second and third); eighty and seven and seven hundred and eighty eight of the Federal Work Law will be able appear to the relief of denominational tests in terms of article seven hundred; the faculties to articulate and to answer interrogatories and to relieve the denominational tests in all parts; it will be able to indicate conventional address starts off to hear and to receive notifications in the terms of article eight hundred seventy  six: it will be able to appear with all the legal representation, quite and sufficient to go to hear to that article eight hundred and seventy three in its three phases of conciliation talks about, demand and exceptions, offer and admission of tests, in the terms of article eight hundred and seventy five, eight hundred and seventy six, fractions I and VI (first and sixth), eight hundred and seventy seven, eight hundred  and seventy eight, eight hundred and seventy nine and eight hundred and eighty; also eight hundred and eighty three will be able to go to the hearing of relief of tests in terms of article, and eight hundred and eighty four, all of the Federal Work Law. It will be able to make adjustments conciliatory, to celebrate transactions, to take all class from decisions, to negotiate and to subscribe labor agreements; it will also be able, to celebrate work contracts and to terminate them, and for such effects, as well as before the National Institute of the Work House (INFONAVIT), the Mexican Insurance Institute (IMSS) and the Promotion Guarantee for the Consume of the Workers (FONACOT).

4. – To grant special powers and to revoke them

Article 46 The Condominium Administrator will have the following attributions and duties:

a). For the effects anticipated in article 39 of this Regulation, to take properly authorized by the Municipality President Municipal of the Municipality of Solidaridad, a record book of the creditors of the condominium, who had declared, within the first year of credit constituted or in the month of January of every year, its decision to concur to the Assemblies. In this registry the conformity will be written down of which if there is discrepancy or it resigns of the indebted to express will declared thing on the individual by creditor, then the balances will be written down who determines the Vigilance Committee, according to loyal to know and to understand, indicating on the matter the proportion corresponding to the creditor and the indebted one of the votes attributed to this property. These inscriptions will only have validity by the trimesters that practice; the Administrator will send the certainties that to the effect the interested creditor requires.

b). To take care of and to watch the common goods of the condominium and services; to promote integration, organization and development of the community and to take care of the security of the condominium;

c). To successfully obtain and to conserve books and the documentation related to the condominium, that could be consulted in capable hours by the owners;

d). To name and to remove to the administrative personnel and to watch of the condominium, approved by the Meeting in the terms of the corresponding expenses budget; to determine its respective attributions and to take care of  which fulfill the same and with the norms established in the Federal Work Law and other legal dispositions in the matter.

e). To realize necessary works, kind to the anticipated in article 17 of this Regulation.

f). To collect of the owners the corresponds contribute for the maintenance fees and administration, for the reserve fund and other debits.

g). To exert the operating expenses and administration of the condominium at the expense of the corresponding fees;

h). To grant receipt to each one of the owners, of the amounts that have contributed for the maintenance fees and administration and the reserve fund; in these receipts they will be expressed if so, the balances that exist in favor or in charge of the owner.

i). To give semester to each owner, successfully obtaining certainty from it receives which it, a bank statement that shows:

1. Detailed relation of the expenses of the previous semester, carried out at the expense of the maintenance fees and administration or to the reserve fund.
2. Consolidated state that shows the amounts of the contributions and pending quotas to cover. The Administrator will have disposition of the owners that want to consult it, a relation of the amounts that each of them have contributed for the maintenance fees and administration and for the reserve fund, with expression of balances of pending quotas to cover.
3. Balance of the maintenance fees and administration. The owners will have a term of ten days, counted from the delivery of the mentioned documentation, to formulate the observations and objections that consider pertinent; passed this term, it will be considered that the owners are in agreement with this account statement, except for the approval of the Meeting.

j). To summon at least to the Owners Meeting with ten days of anticipation to the date of the same, indicating the place where there will be celebrated, as well as the day, the hour and the Daily routine. The registered owners and creditors will be able to summon the Meeting without intervention of the Condominium Administrator, when credit before competent judge who represent like minimum the twenty-five percent of the transcribed index of co-ownership percentage in the public deed.

k). To demand, with the representation of the other owners, to the violator of the rules anticipated in this Regulation, the responsibilities which incur.

l). Those that establish in charge of the Condominium Administrator, the Civil Code, the public deed, this applicable Regulation and the other legal dispositions.

CHAPTER VI

FULFILLMENT OF THE OBLIGATIONS

Article 47 The Owners Meeting, the Vigilance Committee and the Administrator of the Condominium authorized to impose the fulfillment of the obligations applying the sanctions established in this Regulation or the Law that corresponds. These sanctions will prevail, independent of the legal actions that according to the Law can be exercised against the violator.

Article 48 The Owner that repeatedly it fails to fulfill with his obligations, besides being responsible if so for the damages that it causes to the others, could be demanded so that it is committed to sell his rights, including in public auction as a result of the Judicial procedure, but in any case respecting the right of as much in the terms of the title sixth, Chapter Fifth of the Civil Code for the State of Quintana Roo and this Regulation. The exercise of this action will be solved in the Owners Meeting, according to the established in article 2054 of the Civil Code for the State of Quintana Roo. Specifically the settles down paragraph that talks about: a). to modify the facades or the outer appearance of the building without consent of the Administrator or the Owners Meeting. b). To repeatedly violate the rules and prohibitions regarding the parking of vehicles. c). To occupy common areas without authorization. d). To not make the precise payment of the ordinary or extraordinary maintenance fees.

Article 49. The Owners or users of the residential units that incur the acts or omissions that those article talks about, are forced to the payment of the damages if so, that on the occasion of this breach will have been caused to, Condominium. Such acts or omissions are the following:

1. a) When they use the services or common areas for aims different from the anticipated ones in the public deed or the Owners General Meetings of or this Regulation; harming to other owners or causing damages to the Condominium.
2. b) When they realize activities within the privative units that are annoying or opposite to the moral convention.
3. c) When they use electric appliances of any nature that generate noise, the necessary apparatuses for the good operation of the units are accepted.
4. d) When they infringe anyone of the obligations of the Condominium Regulation or the Law contracted according to. In anyone of the related assumptions, the Administrator will notify in writing the proprietor of the unit in which the mentioned assumptions have been realized, granting a term of 24 hours to provide solution on the contrary to the problem and, will be applied the arranged in this article.

CHAPTER VII

DESTRUCTION, RUIN AND RECONSTRUCTION OF THE CONDOMINIUM

Article 50 The Condominium regime object of the public deed and of this Regulation only can be extinguished in the following cases:

1. a) By unanimous agreement of the owners.
2. b) Because the totality of the units that constitute the condominium happens to be property of a single person who declares to give aim to the condominium regime.
3. c) In the cases of destruction and ruin.

Article 51 If the condominium will be destroyed in its totality or proportion that represents at least the three quarters of its value, according to expert work practiced by the competent authorities or a fiduciary institution, a majority of the fifty and one percent (51%) of the owners will be able to decide the reconstruction or division of the land or the communal properties that they are, or if so the sale, in accordance with the legal dispositions on planning and urban development and other that were applicable. If the destruction does not reach the indicated gravity, the agreements to that the previous paragraph talks about will be taken by a majority of the fifty and one percent of the owners. In any of the cases to that the paragraphs talk about that they precede, the agreement for the reconstruction forces to the minority of the owners in the proportion that corresponds to them. The in conform owners will be able of course, to alienate their properties in favor of the majority, in the terms of the adopted agreements, in the intelligence, nevertheless, of which this distraction will be unavoidable in a counted term of two months from the adopted respective agreement in the Meeting at the cost of estimate practiced by authorized expert or fiduciary institution. If the condominium will be destroyed partially or in its totality, a special majority of the fifty and one percent (51%) of the condominiums will be able to decide the reconstruction or division of the land or the communal properties, or if so the sale, in accordance with the legal dispositions on planning and urban development and other that were applicable.

Article 52 In case of ruin or great age of the condominium, a special majority of the fifty and one (51%) percent of the owners will be able to solve, previous opinion of the competent authorities, the reconstruction or the demolition and the division of the communal properties, or if so the sale, in accordance with the applicable stipulations of the Code and other laws in the matter.

CHAPTER VIII

JURISDICTION

Article 53 For the interpretation and fulfillment of the present regulation, and of the obligation and responsibility that of `this self derive, be competent the law and court of the Municipality of Solidaridad, State of Quintana Roo, reason why in relation to this obligation and responsibility, the part resign specifically to the law that by reason address have or arrive to have. This disposition will be also applicable to the usufructuary or renters and other people who have disposition or possibility of use of the units or the goods of common use of the condominium. The owners and other occupants of the privative units, specifically indicate like address for the reception of all class of notifications, calls, citations and demands, the privative unit of their property.

Article 54 The interpretation, fulfillment and execution of the dispositions contained in the public deed, this Regulation, or that is from the agreements taken in Assemblies, subject to the territorial jurisdiction of the competent courts of the city of Playa del Carmen, Quintana Roo, Mexico with express resignation to any other present address or future or to any other generating cause of it is incumbent on