Of animals or pets in a condominium complex and rentals of temporary accommodations
By Cuauhtémoc García Amor
Pets and temporary accommodations are always controversial and difficult topics in condominium complexes. The law speaks of animals that, due to their size or nature, affect the safety, health or comfort of the condominium; each case must be looked at individually. A kitten, a French Poodle puppy is not the same as a Great Dane, or thinking that our pet is a Boa or a Lion even if it is a puppy.
As an integral part of the original deed when a condominium unit is acquired, the regulations of the complex itself are attached, and by signing the deed of sale, the buyer is bound by the tenor of the regulations that exist there. That is: the regulation is part of the property title.
Property by its essence can be: “Private property”, “Co-ownership”, and with the combination of these two, the third type of property called: “Condominium” is born.
In the Condominium regime, direct ownership and co-ownership are combined: one is one hundred percent owner of our condominium unit, and one is a co-owner, or co-owner in the proportion of our undivided share in the common areas. If, for example, there are ten condominium units, the condominium owner will own one hundred percent of his condominium unit but will also have one tenth of the common areas, the latter right that he will share with his neighbors.
In Mexican Law it is said that co-ownership in a condominium is a “limited right”, even for Spanish Law it is a “poor right” and in fact it is limited and poor, because as far as common areas are concerned we will always have to abide by by the Condominium Regulations, by the Condominium Law, by the Civil Code, the principles of co-ownership established therein, by the Code of Civil Procedures, and by the General Constitution of the Republic. That is: a lower law or norm cannot be above a higher one. In other words: the regulations of a condominium complex can never contravene or be above a higher standard.
Now, as far as pets and animals are concerned, there are indeed references in the Condominium Property Law of the State of Guerrero that allows condominium complexes to establish and regulate this issue in the regulations of their constitutive deed.
This Law says:
“…….in section VIII.- of Article 29.- The condominium owners and in general the inhabitants of the condominium will not be able to: VIII.- Own animals that, due to their number, size or nature, affect the conditions of safety, health or comfort of the condominium or condominium owners, in accordance with what is established by the Condominium Regulations….”
The same law also refers to animals and says:
“….in section : XIV.- The determination, if applicable, of the measures and limitations for possessing animals in exclusive property units or common areas….”
But in the previous paragraph the law says:
“…. Without contravening what is established by this law…” so it is important to check that agreements contrary to the law are not made, and also to review other higher regulations, and take into consideration that the regulations of a condominium are a minor statute and if it is established there Something that contravenes a higher law will be affected by relative nullity or may be voidable.
There are general principles of law that must be taken into consideration, for example: distinguishing that within our private unit we have “Real Rights.” That unlike a “Personal Right” where you only have the use, enjoyment and enjoyment of the thing, the “Real Right” is understood as the power that a person has to use, enjoy and enjoy the thing, but also the power to dispose of it, understanding by disposition: the power to transmit it, mortgage it, inherit it, rent it, exploit it, use it, or subject it to any transfer of ownership. That is, within our private unit we have the right to fully exercise these rights, exploiting them however we want, including having pets. However, everything has limits, just as we cannot have a workshop, or a noisy activity, even with oxygen or hydrogen gas tanks to solder our pieces of jewelry, or assemble something industrial, we cannot put the neighbors in danger, even if we do. Let’s do it as a hobby, in that case the law is very clear, for pets the limitation in the regulations becomes a problem, because sometimes the prohibitive rule is vague, and does not specify the conditions of the limitation; that is: it does not say if it is only in the common areas, or also in the private area, since the law leaves the door open for it to be in the private area.