FREE SCHOOL OF LAW OF PUEBLA AC

Susana Montcouquiol
Derecho civil II
“ANTECENDENTES HISTORICOS DEL REGIMEN DE
PROPIEDAD EN CONDOMINIO”
Historical background of the condominium
property regime.
The historical antecedent of the condominium property regime can be found in the
3rd century BC. with the people who lived in Rome.

Due to the constant wars that existed, the inhabitants of Rome were in a very
complicated economic situation since they financed these wars and this made it
impossible for Roman society to acquire a home.

Upon reaching the year 300 BC, the Roman power authorized a law called the “ lex
Icilia ” which granted the inhabitants of Rome the power to build their homes, or
houses on what they called multiple floors.

This was how the Romans managed to solve the housing problem they had, in a
practical and somewhat convenient way, since they began to share services and
areas, and in this way what we today call “ condominium housing” was born. ”

Condominium ownership regime

What is the condominium property regime?

It is the formal legal act that the owner or owners of a property will implement
before a Notary Public, declaring their will to establish that type of property for its
best use, and in which two or more people having a private right, use and share
areas or spaces of common use and property, assuming conditions that allow them
to satisfy their needs according to the use of the property, in a convenient and
adequate manner for each and every one, without detriment to their unit of private
property.
Likewise, once the Condominium Property Regime is established, it must be
registered with the Social Attorney General's Office of the DF, as established by the
Property Condominium Property Law for the Federal District, in its First Title,
Chapter I.

How is the constitution of the condominium property regime carried

out?
The Constitution of the Condominium Property Regime will be implemented by a
Notary Public, by manifest of an owner or owners of a property, who declare their
willingness to establish this modality for its best use, who will issue them their deed
constituting the Property Regime in Condominium, which the same notary or the

condominium owner can register before the Public Property Registry .

How does the social attorney's office know that a property has been
established under the condominium property regime?
Whoever grants the constitutive deed of Condominium Property must send to the
Attorney General's Office a certified copy of the constitution, or, where appropriate,
modification, termination of the regime and the Internal Regulations so that the
Deputy Attorney General's Office for Rights and Obligations of Condominium
Property registers the properties of the District Federal constituted under this
regime. In Article 3 of the Regulation of the Property Condominium Property Law
for the Federal District.

What does the social attorney's office do when it receives the articles of
incorporation?
The Head of the Departmental Organization and Registration Unit enters it into a
database and grants a file number with which it will be registered before this Social
Attorney's Office, and also prepares a letter for the signature of the Deputy Attorney
for Property Rights and Obligations. in Condominium by answering the Notary
Public in question. Subsequently, inform the corresponding Delegation Office,
sending them a photocopy of the document and the file number where the Registry
is located, so that they are aware of the property that has been established.

Once the condominium property regime has been established, where should
you go?
They must go to the Decentralized Office of the Social Attorney's Office that
corresponds to their domicile, where they are provided with guidance and services
to be able to continue with the corresponding procedures.

1. Citizen Orientation.
2. Accreditation of the Call for the Ordinary and Extraordinary General Assembly of
Condominium Owners.
3. Advice on General Assemblies of Condominium Owners.
4. Condominium Administrator Registration.
5. Authorization of the Assembly Minutes Book.
6. Registration of Condominium Regulations.
7. Conciliation Procedure in Condominium Matters.
8. Arbitration Procedure in Condominium Matters.
9. Friendly Composition in Matter

Depending on the country where you are located, condominiums are governed by
different laws, but the most common or frequent are the following:

The constitution of the condominium property regime is the legal act

formal that the owner or owners of a property will implement before a Notary
Public
declaring their willingness to establish that type of ownership for their best
exploitation, and in which, two or more people having a private right, use and
They share areas or spaces of common use and property, assuming conditions
that allow them to satisfy their needs according to the use of the property, in a
convenient and adequate manner.
for each and every one, without detriment to their exclusive property. To establish
the condominium property regime, the owner or
Owners must express their will in a public deed, in which they will state:

A) The construction license, or in the absence of one, the proof of regularization of

construction.
B) The location, dimensions, measurements, boundaries and boundaries of the
property that will be subject to the
Regime, if it is located within a complex or housing unit, they must specify its
separation from the rest of the areas. Likewise, when it is a condominium complex,
they must
specify the limits of buildings or wings, sections, zones or blocks of the regimes
of condominium that comprise it;

C) A general description of the constructions and the quality of the materials used
or that are going to be used.

Due to the force of custom in our country to express a special type of property that,
in accordance with the law and also in accordance with the most accepted doctrine,
the denominations of Property in condominium or condominium have been
imposed as a combination of exclusive ownership and co-ownership.

In other places or areas of the world it has been named in different ways, such as:

 Departments.
 Apartment property
 Horizontal property.

Etc…

But it is very possible that the most unfortunate is the one used in national law,
since the word “ Domain ” is used as a synonym for property, in such a way that
when saying the term “ property in condominium ” it would mean “ property in co-
ownership ”, and when referring to the word “ domain ” it will simply mean “
property ”, which is surely not what is intended, given the nature of the institution.

Today in the federal district, about 60 percent of the population lives in homes that
are subject to the property and condominium regime.

This data is surprising, since if we take into account that it is a characteristic that,
although it has been legally provided for since the civil code of 1870, begins to
reach its peak, so to speak, until the second half of the last century, when People
who lived in the countryside began to migrate to the cities, motivated by the
industrialization that the country was undergoing at that time, forcing them to find
greater use of public services and the available urban space, in order to provide
greater benefit to a constantly growing housing demand.

On the one hand, condominium ownership has greatly helped to reduce the
problem of living in the capital, but on the other hand, it has also generated other
problems, since this is a combination of property exclusive and co-ownership, at
least in some regime conflicts arise since each person suffers separately from
those that combine it.

This has achieved or caused the legislator to carry out a constant review of the
regulations that can be applied, which has not always been carried out in the way
that was expected or correctly.

This is the case of what constitutes the object of this article: the right of equal
interest or preference applicable in the event that a condominium owner wishes to
transfer the property he owns to a third party.

At the beginning, this principle benefited or applied in favor of the inhabitant when
the place was occupied, later the official institution that had financed the
condominium was included in addition to the tenant.

To date, the law states that both the co-owners and the tenant enjoy this right, in
that same order, making a difference, in terms of the way of carrying out the right
and the consequences for its violation, between a local tenant housing and locality
destined for a different use.

The detail that this has is that its current regulation is full of ambiguities and
contradictions that were generated due to the legislator's clear ignorance of the
nature and legal provision, both of real estate leasing and co-ownership, since they
are the figures with which which is related.

Due to this, based on the legal knowledge of the condominium property regime,
and the regulations to which the law is historically subject, an analysis should be
carried out on each of the assumptions that give rise to its current regulation.