M15 Lawsuit

The M15 Proceedings are a civil action commenced by a group of Legacy Owners seeking to invalidate a series of amendments, regulations, corporate acts and administrative decisions affecting the condominium sub-regime formerly known as Manzana 15, Privada Los Delfines, now known as Costa Palmas Residences II.

According to the Statement of Claim, the plaintiffs contend that these acts permitted substantial changes to the condominium regime and its common areas without the approvals required by the Condominium Property Regime Law of Baja California Sur.

At its core, the lawsuit argues that once condominium units have been sold and ownership rights have been vested in third parties, a developer may not unilaterally modify the condominium regime, common areas and governance structure, and asks the Court to rule that any such changes must instead be approved by the condominium owners through the procedures required by Mexican condominium law.

This page summarizes the principal issues raised in the proceedings in plain language and provides links to the original court documents for readers wishing to examine the case in greater detail.

The lawsuit names several defendants because different entities participated in different aspects of the legal acts being challenged.

Desarrolladora La Ribera, S. de R.L. de C.V.

The developer of Costa Palmas and the principal defendant. According to the Statement of Claim, the developer exercised powers reserved to itself under the original condominium documentation and subsequently promoted amendments to the condominium regime, regulations and common areas that are challenged in this proceeding.

Costa Palmas Golf and Marina Residences I, A.C.

Named in its capacity as administrator of the condominium sub-regime whose regulations and governance decisions form part of the dispute.

Municipal Authorities

The General Directorate of Planning and Urban Development, the Municipal Directorate of Urban Planning and the Municipal Directorate of Cadastre are also named because they processed, approved or registered certain administrative acts whose legal validity is challenged in the proceedings.

According to the Statement of Claim, the plaintiffs contend that the challenged acts affect the condominium owners’ vested rights.

They argue that once residential lots had been sold to third parties, the developer no longer had legal authority to unilaterally:

• alter the condominium regime;
• modify common areas;
• change indiviso percentages (the proportional ownership share each unit has in the common areas);
• introduce additional land into the regime;
• amend governance documents; or
• otherwise alter property rights without complying with the procedures required by the Baja California Sur Condominium Property Regime Law.

The plaintiffs argue that these rights form part of each owner’s property interest and therefore cannot be modified without the approvals required by law.

According to the Statement of Claim, the principal allegations include the following:

1. Clause Five of the Original 2009 Constitutive Deed

The plaintiffs allege that Clause Five unlawfully reserved to the developer continuing authority to alter the condominium regime, common areas, indiviso percentages and related governance matters after ownership rights had already been transferred to third parties.

2. The 2020 First Amendment

The plaintiffs challenge the legality of the first amendment to the condominium sub-regime, alleging that it substantially altered the physical configuration of the project, common areas, lot configuration and indiviso percentages without the extraordinary condominium assembly approvals required by law.

According to the Statement of Claim, these changes affected rights attached to lots that had already been sold to third parties.

3. The 2024 Internal Regulations

The lawsuit seeks to invalidate specific provisions of the 2024 Internal Regulations.

According to the Statement of Claim, the plaintiffs allege that these provisions:

• reaffirm or expand the developer’s claimed authority to modify the condominium regime and common areas without owner approval;
• alter governance rules in a manner that limits the decision-making authority of condominium owners;
• permit the developer to retain control over key administrative and operational decisions beyond what is allowed under Condominium Property Regime Law; and
• impose illegal restrictions on owners.

4. The November 6, 2024 Extraordinary Assembly

The plaintiffs seek to invalidate the Extraordinary Assembly held on November 6, 2024.

According to the Statement of Claim, the meeting lacked the quorum required by law and therefore could not validly approve the Second Amendment to the condominium sub-regime.

5. Protection of Property Rights

The plaintiffs contend that the cumulative effect of the challenged acts altered vested property and co-ownership rights attached to their condominium interests.

They ask the Court to declare the challenged acts null and void and to grant the additional relief requested in the Statement of Claim.

The lawsuit was filed on 8 October 2025 and admitted by the Second Civil Court of Los Cabos on 13 October 2025.

On 17 October 2025, the Court granted a precautionary measure intended to preserve the subject matter of the litigation pending final judgment.

During late 2025 and early 2026, the Court issued additional implementation and enforcement orders, including communications with the Public Registry of Property and the relevant municipal authorities.

The defendants subsequently filed their Statement of Defence on 11 June 2026. The proceedings remain before the Court.

LATEST DEVELOPMENT

On 17 October 2025, the Second Civil Court granted a precautionary measure restricting the implementation of certain challenged amendments pending resolution of the proceedings. Subsequent court orders directed the Public Registry of Property and municipal authorities to implement and record those measures. Additional implementation orders were issued during 2025 and 2026.

The principal documents relating to these proceedings are available in the Document Library. They include court pleadings, court orders, registry documents, English summaries and other supporting materials.

The proceedings remain before the Court.

This page will be updated as additional court orders, procedural developments and verified information become available.