For the constitution and creation of successful real estate developments, it is necessary to first carry out a strategic planning of the same. In order to do that, a proper understanding and management of the legislation, policies and business practices, in both the local and federal levels, is required, in order to avoid as much as possible, legal conflicts and contingencies and unnecessary costs.
At Lozano Abazán & Associates we understand the needs of developers, from the design and feasibility, financing and potential benefits and tax incentives, permits and licenses obtaining, including those federal environmental, elaboration of the incorporation legal documents and appropriate regulations and standards of living based on the particular needs of each development, the execution / construction of the project itself and the construction and supervision of works contracts, the hiring of staff, insurance contracts, the compliance with tax obligations and the structure for the adequate resolution of disputes arising with third parties, during and after the execution of the development.
Once the real estate development is integrated by several owners, it is very common that among its inhabitants, various conflicts arise both between the developer and the new owners, and among the owners themselves, which are mostly related to a lack of delivery or deficient completion of the development, the lacking or poor legal and regulatory structure and rules of coexistence, as well as conflicts related to the use of the areas of the development, both common and private, and those arising for the cost and the manner to contribute with the maintenance of common areas. These conflicts may eventually affect the quality of life of its inhabitants if not handled and resolved appropriately.
For the above, in the Condominiums or Real Estate Developments, it is essential to have the adequate legal structure to provide the inhabitants with regulations and effective standards and of an efficient administration that promotes the compliance with these regulations and standards, both individually and collectively, to guarantee a successful coexistence.
At Lozano Abazán & Associates we also understand the needs of the inhabitants of real estate developments and we have the knowledge and experience to offer solutions in the operation and proper handling thereof, and to minimize or resolve conflicts with third parties and those arising between its owners and inhabitants.
Our services, among other, include:
- Legal audit of Condominiums to identify, mitigate, remedy or eliminate, where possible, potential risks and contingencies for the Condominium and its owners.
- Constitution of condominium regimes, urban developments and fractional ownership.
- Elaboration of internal rules and regulations of use, enjoyment and coexistence adequate to each the development (“ad hoc”).
- Assistance in the elaboration of Calls, installation of Assemblies or Meetings, preparation of Minutes of Assemblies, all in accordance with the Law and internal regulations.
- Assistance in the proper registration and notarization of the Minutes of Assemblies.
- Assistance in the elaboration of employment and professional contracts and administrative documents.
- Assistance in the acquisition of insurance policies.
- Legal defense against acts of authority, being these municipal, state and federal levels.
- Negotiation, mediation and litigation of conflicts between the inhabitants of real estate developments and with third parties.
- Judicial collection of dues.