Glossary & Explanatory Notes

Amparo (Constitutional Protection Proceeding)

An Amparo is a constitutional legal proceeding unique to Mexico that enables individuals and organizations to seek judicial protection against violations of rights guaranteed by the Mexican Constitution and certain international human rights treaties.

An Amparo may challenge the constitutionality or legality of acts performed by government authorities, judicial decisions or, in certain circumstances, legislation itself. Depending on the nature of the case, the court may suspend the effects of the challenged act while the constitutional issues are being determined.

Because an Amparo may result in the temporary suspension of legal proceedings or the enforcement of judicial or administrative decisions, it can significantly affect the timing of litigation. Although intended as an important safeguard of constitutional rights, Amparo proceedings are sometimes criticized for being used strategically to delay the implementation of judgments or other governmental actions, particularly in complex or high-value disputes.

Amparo proceedings are separate from ordinary civil or administrative litigation and form a fundamental part of Mexico’s constitutional system. They may arise during or following other legal proceedings where constitutional rights are alleged to have been affected.

Assessment (HOA Assessment / Cuota de Mantenimiento)

An assessment (or maintenance fee) is a financial contribution paid by property owners to fund the operation, maintenance and administration of a condominium regime.

Assessments typically finance the maintenance of common areas, landscaping, security, utilities, insurance, management services and other shared expenses. The amount payable is usually determined in accordance with the governing documents or approved budgets.

Cadastre (Catastro)

A cadastre is the government’s official register of land parcels, used primarily for identification, mapping, valuation and taxation purposes. It records information such as a property’s location, boundaries, dimensions, land use and assessed value.

The cadastre differs from the Public Registry of Property, which records legal ownership and other rights affecting real property. In practice, both systems are important for identifying and verifying land and property interests in Mexico.

Common Areas

Common Areas are portions of a condominium development that are owned collectively by all property owners rather than by any individual owner.

Examples include roads, landscaping, recreational facilities, beaches (where applicable), marinas, clubhouses, utility infrastructure and other shared amenities. The use, maintenance and administration of common areas are governed by the condominium’s governing documents.

Condominium Law

The Condominium Property Regime Law of Baja California Sur is the principal state legislation governing condominium developments within Baja California Sur.

The law establishes the legal framework for creating condominium regimes, defining common and private property, conducting owners’ assemblies, appointing administrators, approving budgets and assessments, maintaining financial records and resolving disputes between owners and administrators.

Many of the legal issues discussed on this website arise under this legislation.

Condominium Regime

A legal framework established under Mexican law that governs the ownership, administration and operation of a condominium development.

A condominium regime defines private property, common areas, governance structures, voting rights, maintenance obligations and the rights and responsibilities of property owners. Costa Palmas consists of a Master Condominium together with a number of subordinate condominium regimes.

Constitutive Deed

The legal instrument that formally creates a condominium regime.

It establishes the legal framework for the development, including the description of the property, common areas, ownership interests, governance structure, voting arrangements and the rights and obligations of owners.

Ejido

An Ejido is a form of communal land ownership created under Mexican law following the Mexican Revolution.

Ejido land is collectively owned by a community of ejidatarios (members) and is governed by a distinct legal regime that differs from private ownership. Although many ejidos have since privatized portions of their land through legal procedures, issues involving former ejido land can continue to arise in connection with development projects, land titles and historical ownership claims.

Understanding whether land was formerly ejido property can be important when researching the history of real estate developments in Mexico.

Escritura Pública (Public Deed)

An Escritura Pública is a formal legal instrument prepared and certified by a Notario Público.

Most transfers of real property in Mexico are completed through an Escritura Pública, which records the transaction, identifies the parties, describes the property and certifies compliance with legal requirements. Once executed, the deed is generally submitted for registration in the Public Registry of Property.

Extraordinary Assembly

A meeting of owners convened to consider matters outside the scope of an ordinary annual meeting.

Extraordinary Assemblies are commonly used to approve amendments to governing documents, major financial decisions, appointments, or other matters requiring owner approval.

Fideicomiso (Bank Trust)

A fideicomiso is a bank trust commonly used to enable foreign nationals to acquire residential property within Mexico’s Restricted Zone, which generally extends 50 kilometres from the coastline and 100 kilometres from international borders.

Under the Mexican Constitution, foreign individuals cannot hold direct legal title to residential property within the Restricted Zone. Instead, legal title is held by a Mexican financial institution acting as trustee (fiduciario) under a trust established for the benefit of the purchaser (fideicomisario).

Although the bank holds legal title, the purchaser retains the beneficial ownership of the property and generally enjoys rights substantially equivalent to ownership, including the right to occupy, improve, lease, mortgage, sell or transfer the property, subject to the terms of the trust and applicable law.

The fideicomiso has become the standard legal mechanism used by foreign purchasers acquiring residential property throughout Baja California Sur and other coastal regions of Mexico.

Internal Regulations

Rules adopted for the administration and day-to-day operation of a condominium regime.

Internal Regulations supplement the Constitutive Deed and typically address operational matters such as use of common areas, maintenance responsibilities, architectural standards, owner conduct and administrative procedures.

Judicial Accounting

A legal proceeding in which a court is asked to require a person or organization responsible for administering property, funds or assets to render a complete accounting of its financial administration.

In the proceedings discussed on this website, the plaintiffs seek judicial orders requiring the Costa Palmas Master HOA to produce financial records and account for its administration of the Master Condominium.

Legacy Owners

For the purposes of this website, Legacy Owners are property owners who purchased residential lots before Irongate acquired and redeveloped the project in 2014.

These owners originally acquired property within the Cabo Riviera development and are the plaintiffs or interested parties in the principal legal proceedings discussed on this website.

Master Homeowners’ Association (Master HOA)

The organization responsible for administering the Costa Palmas Master Condominium.

Its responsibilities include managing common property, collecting assessments, maintaining financial records, implementing decisions of the owners and carrying out administrative functions assigned under the governing documents.

Master Condominium

The principal condominium regime encompassing the Costa Palmas development.

It provides the legal framework within which the various residential communities (sub-regimes), common facilities and shared infrastructure operate.

Medida Cautelar (Precautionary Measure)

A temporary order issued by a court to preserve rights or maintain the status quo while legal proceedings remain pending.

Such orders are intended to prevent actions that could frustrate or prejudice the final outcome of a case before the court has reached a final decision.

Notario Público (Mexican Notary Public)

A Notario Público is a highly qualified legal professional appointed by the state government to perform important public legal functions.

Unlike notaries in many common law jurisdictions, a Mexican Notary Public is a licensed lawyer with extensive legal experience who is entrusted with preparing, certifying and recording significant legal transactions. Property transfers, mortgages, trusts (fideicomisos), company formations and many other legal acts generally require the involvement of a Notario Público to be legally effective.

The Notary acts as an impartial public official rather than as the legal representative of either party.

Nullity

A legal remedy by which a court is asked to declare that a legal act, resolution, agreement or other juridical act is invalid and without legal effect.

If granted, a declaration of nullity may have the effect of treating the impugned act as though it had never legally existed.

Public Registry of Property

The official government registry in which ownership of real property and certain legal instruments affecting land are recorded.

Registration helps establish priority between competing interests and provides public notice of ownership, mortgages, easements and other rights affecting real property.

Recent Owners

For the purposes of this website, Recent Owners generally refers to purchasers who acquired residential property after Irongate assumed control of the Costa Palmas development in 2014.

Unless specifically identified, Recent Owners are not parties to the principal legal proceedings discussed on this website.

Restricted Zone

Mexico’s Restricted Zone consists of land located within 50 kilometres (approximately 31 miles) of the coastline or 100 kilometres (approximately 62 miles) of an international border.

Under the Mexican Constitution, foreign individuals cannot directly acquire legal title to residential property within the Restricted Zone. Instead, residential property is typically acquired through a fideicomiso (bank trust) or, in certain commercial circumstances, through a Mexican corporation, as permitted by law.

Because Costa Palmas is located on the Sea of Cortez, virtually all residential property within the development lies within the Restricted Zone.

Sub-Regime

A condominium regime established within the broader Costa Palmas Master Condominium to govern a specific residential community or phase of the development.

Each sub-regime may have its own governing documents, owners’ association, budget and administrative responsibilities while remaining subject to the broader Master Condominium framework.

Trustee

A trustee is the person or institution that holds legal title to property on behalf of another person under the terms of a trust.

In the case of a Mexican fideicomiso, the trustee is a licensed Mexican bank or financial institution that holds legal title while the beneficiary retains the practical rights of ownership.