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ambconsultants

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Everything posted by ambconsultants

  1. Beware of odometer readings as it is very common that they are turned back. Ask for warrranty booklet if possible, inspections etc. Sometimes new dealers used section is a good option. Sometimes short term warranty.
  2. I just checked this and there are weird rules if under 18. If you are to do it right he needs to get a social security number and you need to insure him( as he works with his father might be some exemptions if he is insured). As of his age some types of work not allowed and there are reduced hours. You should have someone read the labor law to make sure you are OK.
  3. First you need to find out what is really happening. There are squatter rights in Mexico. It is 5 years in good faith and 10 years bad faith if I remember correctly. Make sure have all receipts . Close property with fence, and a lock if possible. Pictures with date. Clean every year. If there is someone on your property you should immediately get a lawyer and take action. Unless they can prove possession 5 years good faith or 10 years bad, you should not have a major problem. Still a pain though....
  4. As i understand you need oxygen right now. Can you get a tank temporarily?. I know where they sell in gdl. I can check tomorrow. I can loan my oxygen tank. But it is only a medium one.
  5. Not allowed on property line. Usually must be between 2 to 3 meters from boundery depending on municipality. Other than that there is nothing that prohibits views into other properties. Maybe a tree.....
  6. Fraccionamiento- Is usually a Development where the streets and services are owned by the Municipality. ( Sometimes wells are owned by the HOA) There can be an HOA or not. There are some examples mentioned here. ( The law refers to all developments where new streets are built as Fraccionamientos.) If there is no HOA in most cases the government must manage services. Subdivision - The dividing of land into two or more pieces. Condominio- Is a 100% private development. Streets and most services are owned by Condominos. The rules can be enforced easier and with more force than an HOA. You own a percentage of the development with the exclusive use of your "Unidad Privativa". Condos have the advantage of being able to deny entry and better enforcement but sometimes higher costs. Both Fraccs and Condos have their positive and negative points. Order, security and services are usually better. Not for everyone, but as written by others decide what you want first if you don't want to pay dues and obey rules don't buy in one. If you appreciate the benefits they provide buy. You can love Mexico from a house in a Fracc. or the village.
  7. If you got a judgement like that fabulous as I have not seen it cannot say why the judge decided that. Here are a couple clips form the Jalisco Civil law. Sorry for the Spanish Clarification- One thing is to be a member of an A.C. that governs the development and another thing is to be obligated toand pay dues abide by rules and bylaws or the A.C. because you live a a development. How members join and excluded or separate. 1) When you become member: Artículo 172.- Cuando varias personas convienen en reunirse, de manera que no sea enteramente transitoria, para realizar un fin común que no esté prohibido por la ley y que no tenga carácter preponderantemente económico, constituyen una asociación. So I interpret this that you can join if you want. Now if the rules are approved by Municipality a judge could judge you are an automatic member? A good idea is when a new member joins all is usually happy and Before services are turned on have them sign a contract with the Association which then will be approved by the assembly at the first meeting. This does not mean you do not have top pay dues or obey the rules you just don't get to vote in the fun meetings Actually legally if you receive services you must pay for them. As discussed I do not know any criminal law against shutting off water but on the other hand I do see criminal possibilities against people who get water and take actions not to pay. 2) Artículo 181.- La asamblea general resolverá: I. Sobre la admisión y exclusión de asociados; So this states that the assembly will decide on the admision or exclusion of members. 3) Artículo 184.- Los miembros de la asociación tendrán derecho de separarse de ella, previo aviso dado con dos meses de anticipación. Members will have the right to separate with two months notice. For the legal minds here I see a difference between excluded ( when you kick them out ) or when they voluntarily separate. I I hope I am helping the ones that are paying and not giving ideas to the deadbeats.... This is not legal advise..... The options for compliance. Legally the civil code requires that the seller have a No debt letter for water supply. New construction permits should be in accordance with legal rules. Water restriction. Rules approved and published as municipal law where fines and can be applied. This should obligate the Municipality to at least help with enforcement. I am looking at a new option for new developments that would link there ownership to compliance, but it not not that easy.
  8. Fun Just some quick points 1) You don't have to be a member of an A.C. 2) If the Rules are approved by the Municipality and published as municipal law they are considered as such and must be followed. ( There are few that have done this) 3) If you sign a contract saying you are a member of the Association then you must follow rules and pay. 4) If you are honest you will pay and follow rules as when you bought you should have known. And especially if there is water involved to legally sell you must have a letter saying the water is paid. 5) I do not know of any criminal law against cutting off someone's water. Someone will always try to argue that and I have helped in a few defenses and have never seen anyone even close to being convicted. As there are criminal codes imbedded in other types of codes there could be something somewhere???? I have not seen it. I would be more inclined to say a problem with Derechos Humanos. There are different minimums allowed I think the latest one I found was 20 liters a day and it can be up to 1 km from the address. 6) Although well and water are owned by the Federal Govermment they give you a Titulo to operate the well. They don't seem to get involved after that. 7)The minimums on water distribution are usually imposed by the Municipality. You should check the Municipal Law. Some as I remember allow you to shut off totally and some a percentage. Some of the larger developments in Guadalajara cut off the water completely. I recommend a minimum daily and a source less than a km away just to cover all bases and not leave any reason for the morosos to bug you with dumb lawsuits. Important to remember that HOA help the municipality lower their operating costs and they need to be reminded of this and convinced into approving the HOA's rules and help with enforcement. Consult with a good attorney ( if you can find one ) as this was just posted for general info as remembered.
  9. 2 ways. Sometimes the mexican consulate will notarize a poa that would be valid. Or poa done with u.s. notary and with an apostille from the state you live in. Check with the mexican notary that is handling the deed to advise and to make sure he will accept it when done.
  10. No not very expensive if you do it at time of sale. It is called reserva de dominio.
  11. Can someone please pm me with the phone number for a u.s. notary in the area. Thanks but I don't need any legal opinions.
  12. As i remember the law i would say it is not legal. But i would have to read again.
  13. As far as I remember you cannot change your name in Mexico just correct it. It should be the same as your Birth Certificate. The only difference that might occur is in Mexico they use both last names. In my opinion you changed your name in the US not in Mexico. I would maybe have a copy of your name change from the US in case some authority in Mexico questions you. If I remember right there is a small court type document you can get where the court recognizes that you are known by two names. Very interesting problem.
  14. You can lower the risks substantially if you do a title search ( Historial) in Catastro and the Registro Publico. A notary will not do this automatically you must pay extra or pay an attorney or someone that knows what they are doing. Notaries only order a clean title certificate. The person you hire can go back sometimes more than 100 years. I would recommend at least 10 as that is when possession can convert to into property ( Prescripcion) to see if there are any red flags. If it is close to an Ejido you should have someone definitely double check. If this is done you can lower the risk considerably. If there are problems with the property the seller is obligated in most cases to correct the problem or give the money back. Hopefully he still has it. As always check with a good attorney.
  15. Yes it does grow here. I have found it at superama grocery on lopez mateos about 3 km to the south of costco. Sell alot of different items there.
  16. The main branches of law are civil, commercial, labor, tax, criminal, agriculture and adminstrative. Make sure you find one that practices maybe one or two. I am always am scared of lawyers that boast that they experts in all branches.
  17. Hi. I have a great one out of gdl. Not cheap though. 

  18. Yes there are zonings laws. Chapala has most areas mapped and approved. It is municipal law. I assume in that area it is classified as h2 which is residential and depending on the area and the size of the lot probably would not allow for a trailer park. The zoning plans are on the chapala web site.
  19. Well not an advocate either way about bad expats, but I assume it is against the zoning laws and probably the fraccs rules. So maybe not bad gringos against the mexicans. Maybe just not legally permitted.
  20. Sorry It is almost impossible to get a carry license. Only with great contacts. Gun store is in Mexico City. Must be approved before you go and only sell up to .380 pistols, it is possible to get up to .38 from private party legally. Larger calibers are illegal. Look and mexicoarmado.com It has all the info.
  21. The soil at the lake contains very highly expansive clay. I have seen larger concrete footings as you mentioned work but I would recommend a layer of about 30 cm of gravel below because of the soil movement. If you do a professional soil study they will be able to give you various foundation options including just concrete and rebar but they will usually require the removal a certain amount of dirt in order to get to a better quality of soil and much bigger than you mentioned. I have seen recommendations past two meters in some places. The rock system is a traditional system here at the lake but it works to insulate the foundation from cracks as the soil expands and contracts. I would recommend also a visual analysis as the trench is being dug as the soil varies in depth and equality in the same area and make sure your builder understands the soil in Chapala as in Guadalajara in most places the soil is of a much better quality.
  22. If they gave you a ticket in Chapala they are Transitos (traffic cops). And yes you need a motorcycle license. There is a car license and motorcycle.
  23. I was informed in the Municipal office that the best time was on Saturday. I assume then that they are open. I cannot guarantee though.
  24. Told me they are open on Saturday and that is the best time. Cannot pay online as far as I know
  25. More info. So it looks like tazers and possibly stun guns ( depending on definition) cannot be used or imported legally without a permit. The military has stated as seen in my previous post that any device that immobilizes with electricity cannot de imported or used by civilians. What I am not sure about is if there is any penalty for use or possession? This statement came from the Weapons Registry Office of the Military. Need to see what legal effects that has or if it has been made into a law. Previously was not. No time to check right now. Need to read a little more..
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