Condo Fees in Mexico City: Who Pays and What the Law Says
How cuotas de mantenimiento are set, the owner or tenant question, what happens to units that fall behind and how to take a complaint to PROSOC.
Condo fees in Mexico City (cuotas de mantenimiento) are set by the owners’ general assembly under the city’s Condominium Law and split according to each unit’s ownership share. Owners and occupants must pay them on time; late fees can carry interest of up to 9 percent a year, and disputes go to the Social Attorney’s Office (Procuraduría Social, PROSOC).
What do condo fees pay for?
Condo fees fund the shared costs of the building. The law still in force is the Condominium Property Law (Ley de Propiedad en Condominio de Inmuebles para el Distrito Federal), last reformed in the Mexico City official gazette on August 4, 2023. Its Article 55 sets up three kinds of fees:
| Fund | What it covers | How it is split |
|---|---|---|
| Administration and maintenance fund | Day-to-day costs: cleaning, security, common electricity, elevator service, administrator | By each unit’s ownership percentage (indiviso) |
| Reserve fund | Tools, equipment, works and maintenance | By indiviso |
| Extraordinary fees | Costs the two funds cannot cover, such as waterproofing, new pumps, cistern cleaning or pipe replacement | By indiviso |
The indiviso is the percentage of the building that each unit represents, written in the deed that created the condominium (escritura constitutiva). A larger apartment usually has a larger share and pays more. Article 56 says fees cannot be offset against other claims or excused for personal reasons, except that the assembly may let an owner who proves insolvency pay with work for the building.
Who pays: the owner or the tenant?
The law makes both the owner (condómino) and the occupant (poseedor) responsible for paying fees, and lets them agree between themselves who meets which obligations. In practice, the lease decides. Many Mexico City leases include maintenance in the rent; others add it as a separate monthly charge.
Read the lease clause before signing, and ask for a recent receipt from the administration. Our guide to renting an apartment in Mexico City covers the rest of the contract. If the owner stops paying, the building pursues the unit, and the tenant can feel it through restricted services or tension with the administration.
How are fees set and who runs the building?
The general assembly of owners is the highest authority in a condominium, and it sets the fees and approves the budget for the following year. Ordinary assemblies are held every three months to report on the administration, under the law’s text as of November 2026. Extraordinary assemblies deal with urgent matters and changes to the building.
- Administrator: either an owner elected by the assembly or a hired professional. The term is one year, renewable for two consecutive terms.
- Professional administrators: must hold a PROSOC certification, take its course and post a bond (fianza).
- Registration: the appointment must be registered with PROSOC within 15 business days.
- Vigilance committee: owners elected to oversee the administrator and the accounts.
The administrator must present account statements, and the assembly reviews them every six months. Ask for them before buying, and before agreeing to a big extraordinary fee.
What happens if fees go unpaid?
An owner or occupant becomes delinquent (moroso) after missing two ordinary fees or one extraordinary fee. The law then sets several consequences:
- Interest: late fees carry interest at the rate set by the assembly or the internal rules, capped at 9 percent a year.
- Voting: delinquent owners keep their voice in the assembly but lose their vote on matters such as fees and the property.
- Restricted services: the assembly can restrict electricity, gas and other services paid from the fees. It can never cut the water supply.
- Court collection: a statement of debts signed by the administrator and the head of the vigilance committee, with the assembly minutes, can be enforced in a fast-track civil case (vía ejecutiva civil).
- Sale of the unit: under Article 60, the seller must give the buyer a certificate of no debts (constancia de no adeudo) from the administrator. Without it, the buyer becomes jointly liable for the old debts.
Before suing or going to PROSOC, the administrator has to show that an internal mediation step was tried first, such as written reminders and payment proposals.
How does PROSOC handle condo disputes?
PROSOC is the Mexico City agency that registers condominium administrators and resolves conflicts among owners, occupants and the administration. The law gives it three paths: conciliation, arbitration and a procedure to impose sanctions.
To file a complaint, you must first show that you tried to solve the problem with the administrator or the relevant committee, prove your interest in the unit and describe the acts you dispute. PROSOC then calls both sides to a conciliation hearing. Common complaints include unexplained fee increases, missing account statements, administrators whose terms expired and services cut for alleged debts.
This is a summary of the law, not legal advice; PROSOC, a lawyer or a court decides individual cases.
What should buyers and renters check?
- The monthly ordinary fee and when it last went up.
- Any extraordinary fee approved or planned, such as waterproofing before the rainy season.
- The latest assembly minutes and account statements.
- Whether the administrator is registered with PROSOC.
- For buyers, the constancia de no adeudo, requested through the notary at closing. Our guide to buying property in Mexico City as a foreigner explains the closing.
- For short-term rentals, the internal rules, since many buildings restrict them; see our explainer on short-term rental rules.
Bottom line
Ask for the fee amount, the latest receipts and the assembly minutes before you rent or buy, and get the payment responsibility written into the lease. If a dispute with the administration stalls, put your request in writing first, then take it to PROSOC.
FAQ
Can the administrator cut my water for unpaid fees?
No. The Condominium Law lets the assembly restrict electricity, gas and other services paid from the fees, but it bars any restriction of drinking water.
Can the building raise fees without a vote?
No. The general assembly sets the fees and approves the yearly budget. A fee change made without an assembly decision can be challenged before PROSOC.
Do I inherit the seller’s unpaid fees?
You can. A buyer becomes jointly liable for existing debts unless the administrator issued the certificate of no debts, so make it part of the closing documents.
How often must the condo hold assemblies?
The law calls for ordinary general assemblies every three months, plus extraordinary assemblies for urgent matters. If yours does not meet, owners can ask PROSOC how to call one.
