Condo Laws by State in Mexico: What Differs and Which Applies

Is there a single condominium law in Mexico? No. Condo law changes from state to state because real property is a local matter: there is no federal condominium law, and each of the 32 states regulates the condominium ownership regime in its own way. Some have a special law (Mexico City, the State of Mexico, Nuevo León or Quintana Roo, among others); others cover it in a chapter of their Civil Code, as Jalisco does. The differences are not minor: who mediates disputes, how far in advance a meeting must be called, what quorum is required, how much interest can be charged to a delinquent owner, and whether the administrator must register with an authority. This guide explains what stays the same across the country, what varies, and how to find the current version of the law that applies to your building.

Why there is no national condo law

The Constitution divides subject matters between the Federation and the states, and whatever is not expressly reserved to the Federation is left to the states (Article 124). Property, contracts and the way a building divided into units is organized are local civil matters. That is why an apartment in Polanco, one in Zapopan and one in Playa del Carmen are governed by different rules, even though all three are purchased the same way before a notary public (notario público).

In practice, the states have followed two paths:

• A special condominium property law. A complete statute devoted to the subject, with chapters on assemblies, administration, fees, penalties and dispute resolution. This is the model used by Mexico City and most states with a lot of vertical housing.
• A chapter of the Civil Code. The basic rules of the regime live inside the code, and the operational detail is left to the founding deed and the internal rules of each condominium. Jalisco follows this model.

Neither is better in itself. A special law tends to bring more concrete protections (deadlines, caps, an authority that mediates), but also more paperwork. In a state that regulates the subject in its Civil Code, the internal rules carry more weight, because they fill the gaps the law leaves open. If you are still not clear on how the deed, the rules and the law fit together, start with what the condominium property regime is.

What is the same across the country

Before getting into the differences, it helps to know what you can take for granted in any state. These pieces appear, under similar names, in every state's legislation:

• The regime is established before a notary public and recorded in the state's Registro Público de la Propiedad (Public Property Registry). Without that deed there is no condominium, even if the building has several owners.
• There are two types of property: exclusive (your apartment, house or commercial unit) and common (hallways, structure, gardens, elevators), of which you own a proportional share called the indiviso.
• The owners' assembly (asamblea de condóminos) is the highest authority. It approves the budget, fees and rules, and appoints the administrator. We explain how meetings are called and voted in how a condo owners' assembly works.
• Approved fees are mandatory and follow the unit: if you buy a unit with an outstanding balance, you may inherit it.
• The internal rules cannot contradict the state law. If they do, the law prevails.

What changes from state to state

The differences concentrate in seven areas. These are the ones worth checking in your state's law before calling a meeting, pursuing a collection or buying.

An example of why this matters: the 9% annual interest cap and the expedited enforcement procedure after three overdue regular fees, which we explain in delinquent neighbors and condo fees, are Mexico City rules. Applying them as-is in another state can lead to a claim the judge will not recognize.

Five states with the most condos, compared

These are the frameworks that govern the country's markets with the most condominium housing. Use them as a starting point, not as a substitute for the law: always verify the current version, because legislatures amend these laws often.

Ciudad de México

This is the most developed framework and the one most often cited, which is why most guides (ours included) use it as a reference. Its distinguishing feature is the Procuraduría Social: an administrative authority that receives complaints between owners and against administrators, mediates, arbitrates and can impose penalties. If you buy in Ciudad de México, that pre-litigation route is a real advantage.

Estado de México

A large share of housing in the State of Mexico is in urban developments (conjuntos urbanos) of hundreds or thousands of homes, organized into several condominiums. The authorization of the development and the developer's obligations to the municipality are governed by the state's urban development rules, while the internal life of each condominium is governed by its condominium law. Before buying in the Estado de México, ask whether the roads and street lighting have already been handed over to the municipality or are still being paid for by the condominium.

Jalisco

By regulating condominiums within the Civil Code, Jalisco leaves more room for the internal rules and the founding deed. That means two towers in Zapopan can have very different rules on pets, short-term rentals or fines. If you are searching in Jalisco, ask for the complete rules before signing, not a summary from the seller.

Nuevo León

Monterrey and its metropolitan area are home to mixed-use towers, where apartments, offices and retail units coexist. There, the biggest sources of conflict are how expenses are split among uses and who votes on what. Check the deed for sub-condominiums or use-based fee differences before buying in Nuevo León.

Quintana Roo

In Cancún, Playa del Carmen and Tulum, many condominiums have a majority of owners who do not live there and units used as vacation rentals. Meetings struggle to reach quorum, administration is usually professional, and the short-term rental rules are the first thing to read. We cover this in detail in short-term rentals in condominiums: rules and fines, and you can browse listings in Quintana Roo.

Condominium vs. fraccionamiento: not the same thing

Many people think they live in a condominium because there is a guardhouse, a gate arm and a monthly fee. That is not always the case. In a fraccionamiento (subdivision), the streets and green areas are usually public once they are handed over to the municipality, each house is an independent lot, and the fee is collected by a homeowners' association (asociación de colonos), not by a condo owners' assembly. The practical differences are significant:

• The condominium law does not apply to the fraccionamiento as such; the state's urban development rules and the association's bylaws govern.
• An association fee is collected according to what your deed or your membership in the association says; it does not automatically have the collection remedies of a condominium fee.
• Public streets cannot be closed off without municipal permission, even if most neighbors want it.

To find out which one applies to you, check your deed to see whether your property is a "unidad privativa" with an indiviso (condominium) or a "lote" with its own land area (fraccionamiento). We explain the implications for fees and security in fraccionamientos in private security in fraccionamientos and their fees.

How to find the current law in your state

Condominium laws are amended often, and outdated versions circulate online. To work with the right one, follow this order:

1. Read your founding deed and note the exact name of the law or code it cites.
2. Download the law from your state Congress's website, in the section for current laws. Check the first or last page for the date of the latest amendment published in the official gazette.
3. Consult the compendium of the Secretaría de Gobernación (Orden Jurídico Nacional), which gathers the legislation of all 32 states, if the local Congress's site is not up to date.
4. Then read the registered internal rules of your condominium: what the law leaves open is normally defined there.
5. If you are buying, ask the notary. They know the local law and can tell you which clauses in the rules are unusual.

Also add up the closing costs: the notary charges for reviewing the regime as part of their fees, and registration fees vary by state. You can estimate them with the closing costs calculator (gastos de escrituración). And if you already own an apartment and are thinking of selling, list it for free with your rules and current fee on hand: it is the first thing serious buyers ask about.

Frequently asked questions

Is there a federal condominium law in Mexico?

No. Condominium ownership is a local civil matter, so each state regulates it with a special law or within its Civil Code. That is why the rules on meetings, fees and disputes change from one state to another.

How do I know which law governs my condominium?

Check the regime's founding deed: it states under which law or code it was established. In general, the law of the state where the property is located applies, in its current version, followed by the registered internal rules.

Can the internal rules contradict the state law?

No. The rules can detail and complete the law, but if a clause contradicts it, the law prevails. A fine or interest rate that exceeds what the state law allows cannot be charged even if it is in the rules.

Does the Procuraduría Social handle condominiums outside CDMX?

No. The Procuraduría Social is a Mexico City authority. In other states, disputes go to mediation centers, municipal authorities or civil courts, depending on what the local law provides.

Is a gated fraccionamiento governed by the condominium law?

Not necessarily. If each house is its own lot and the streets are municipal, it is a fraccionamiento and the fee is collected by a homeowners' association. The condominium law applies only if the development was established as a condominium property regime before a notary.