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HOA By-Laws Requirement

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CanuckBob
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Post by BigKH Tue Mar 01, 2022 12:32 pm

Ran into an issue with an El Limon property.  Seller states there are height restrictions to prevent lake-view obstruction, but can't provide any By-Laws to support it.  He provided their purchase agreement (not the deed) which stated height restrictions for their property.  However, no proof of adjoining properties' restrictions.  I assume they would be the same, but have no evidence to confirm it.  

Which begs my question...
Are HOAs required to have published By-Laws (ie CC&Rs like the states) here in Lake Chapala?

If not, is there another resource for the construction restrictions for a specific subdivision?
I was told, the municipal Public Works Dept would have it.  However, I'm thinking those are just general local building codes, and not subdivision-specific.

Not getting much help with my realtor, which is why I'm posting here.  Thanks in advance!
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Post by CanuckBob Tue Mar 01, 2022 3:10 pm

Construction restrictions are only valid for those without money...............

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Post by BisbeeGal Tue Mar 01, 2022 3:53 pm

FWIW, El Limon is a fraccionamiento. Some fraccs are well-run, dues are collected, etc. In others, not so much.

If your real estate agent isn't helping you, go to his or her broker at the company.

fyi, height restrictions are a joke around here for the most part.

There was a minor victory of sorts in La Floresta where the yacht club started construction of high rise condos to 8 stories. After years of lawsuits and $$$ expended fighting it, the developer agreed to remove a few of the top floors that were partially constructed. I believe he's agreed to cap the building at 5 stories.

It will still be an eyesore and and continues to look like crap, since La Floresta is mostly single and double story homes.
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Post by CanuckBob Tue Mar 01, 2022 4:19 pm

I would be reluctant to ever buy a "view" property that had an empty lot in front of it.

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Post by RickS Tue Mar 01, 2022 6:52 pm

Caveat Emptor comes to mind....
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Post by ferret Tue Mar 01, 2022 9:30 pm

That's a short, sweet way of putting it Rick. I've seen way too many views obstructed in Mexico. There is no requirement of full disclosure at sale here either. No licensed Realtors. No building codes per se, no licensed inspectors, no licensed trades (gas, plumbing, electrical), no inspections. If you can purchase a building permit, you can build.
This area is subject to tremors and it's impossible to see what's going on in concrete/brick walls and floors with regards to plumbing and gas lines. You're on your own. Rent for a year minimum to get your feet firmly planted and get ready for a fairly steep learning curve.
https://www.chapala.com/webboard/index.php?/topic/78142-list-of-things-to-check-before-buying-or-renting/
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Post by BisbeeGal Wed Mar 02, 2022 5:50 am

Our search for a house in Mexico began in San Miguel de Allende. One small house we were considering had a rooftop that would have made a great living space if enclosed.

The owner told us it was doubtful an expansion would be approved as she said it would block the view of an existing adjacent home. She told us City inspectors come out and make a visual inspection before approving building permits; she led us to believe that views are protected in SMA. This was in 2006/2007.
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Post by kiko Wed Mar 02, 2022 7:18 am

BisbeeGal wrote:Our search for a house in Mexico began in San Miguel de Allende.  One small house we were considering had a rooftop that would have made a great living space if enclosed.  

The owner told us it was doubtful an expansion would be approved as she said it would block the view of an existing adjacent home.  She told us City inspectors come out and make a visual inspection before approving building permits; she led us to believe that views are protected in SMA.  This was in 2006/2007.  

Maybe in San Miguel the law is adhered to since it is a UNESCO Heritage city. I dunno, just a guess
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Post by BigKH Wed Mar 02, 2022 7:17 pm


Great post...
1) a marble or golf ball peaked my interest, that I had to read more  Very Happy  Very Happy  Very Happy
offbeat, but sound advise: drive around the neighborhood around 10 pm with your car radio on and the windows down. Listen for excessive barking dogs Very Happy Very Happy Very Happy
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Post by BigKH Wed Mar 02, 2022 7:34 pm

Update...
Investigated the municipal Public Works Dept option, and discovered there's another municipal (Jocotepec) dept, Urban Development (Desarrollo Urbano)that handles building codes/restrictions, etc. No El Limon (fraccionamiento-specific) restrictions are on file, but they stated a general height restriction of 7m from the lowest point of property.  Supposedly, these restrictions are part of the bldg permit review/issue process.
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