HOA and condo fees in Mexico (cuotas de mantenimiento)

Where the rules come from

There is no federal condominium act that fixes fees. Each state legislature has its own law, and the complex then adds its own reglamento interno (internal rules) and the decisions of the Asamblea General. This guide reads two laws only: the Mexico City law (Ley de Propiedad en Condominio de Inmuebles para el Distrito Federal, last reform published 4 August 2023) and the Quintana Roo law (last reform 12 November 2021). A property in Jalisco, Yucatán or Baja California Sur is governed by a different text, which you should read before relying on what follows.

What the fees pay for

Under article 55 of the Mexico City law, each owner must pay “puntualmente” the fees set by the assembly, and the law names three funds:

• a maintenance and administration fund for the running costs of common areas and gardens, shared according to each unit’s indiviso (its percentage of the common property);
• a reserve fund for tools, materials, machinery, works and maintenance;
• extraordinary fees, which are allowed only when one of the two funds cannot cover a cost, for example waterproofing, pumps, cleaning cisterns or replacing utility networks.

The amount each owner pays is therefore the building’s budget distributed by the unit’s share.

No set-off, no excuses

Article 56 of the Mexico City law says that ordinary and extraordinary fees “no estarán sujetas a compensación, excepciones personales ni ningún otro supuesto que pueda excusar su pago”. An owner who is also owed money by the administrator cannot withhold the fee. The only exception is an owner who shows having no resources or being declared insolvent, in which case the assembly may accept work for the condominium as payment.

Quintana Roo goes the same way (art. 42): fees are not subject to set-off or personal defences, and they are imprescriptibles (they do not expire through the passage of time). Payment can be split into monthly instalments paid in advance, or as the assembly decides.

When fees are not paid

The two laws differ in the threshold and the interest.

The Quintana Roo law adds a rule worth knowing: the internal rules may provide that, while one owner is in default, the administrator spreads the debt among the other owners in proportion to the value of their units, and refunds them when the arrears are recovered.

Before going to the Procuraduría Social (the body the Mexico City law names to hear disputes between owners and administrators), article 59 says the administrator must show that an internal mediation procedure took place, with notices and proposals made to the debtor.

The no-debt certificate when you buy

For a purchase, article 60 of the Mexico City law is direct: the seller “deberá entregar al comprador una constancia de no adeudo” covering ordinary maintenance and administration fees, the reserve fund and any extraordinary fees, issued by the condominium’s administrator. The buyer becomes obligado solidario (jointly liable) for existing debts “excepto en el caso de que el Administrador… hubiere expedido y entregado la constancia”. In other words, a certificate protects the buyer; its absence leaves the buyer liable for arrears.

Quintana Roo puts the duty on the notary instead (art. 46, as reformed in 2021): the notary preparing the deed must require from the seller a no-debt certificate signed by the administrator, together with the electronic invoices (CFDI) for the last three maintenance payments.

See buying a condo in Mexico for the other documents involved, and closing costs in Mexico for the other items on the buyer’s bill.

Which professional to consult

• A real estate lawyer can read the internal rules, the deed that created the regime and the assembly minutes.
• The notary executing the deed will request the no-debt certificate where the state law requires it.
• In Mexico City the law gives the Procuraduría Social competence over disputes among owners and administrators; check what body your state’s law names.