Condo Regime vs Subdivision in Baja: Key Differences for Real Estate Buyers

What are the main community options when buying Rosarito real estate?

The two most common community types in the Rosarito real estate market are condominium regimes and fraccionamientos (subdivisions).

If it is within your budget and you want a more organized and better-maintained community, then consider buying a property in a condo regime.

If you want more freedom in how you use your house, when you maintain it, and lower or no association fees than buying a property in Rosarito in a subdivision, called “fraccionamiento” in Spanish, may be your best choice.

Can foreigners own property in both types of communities?

Yes. If you are not a Mexican citizen, you can own property through a bank trust. Mexican citizens can use an escritura (straight deed).

What is a condominium regime?

A condo regime is a private community where the streets and amenities are owned collectively by the owners. Property within a condo regime is not public, and owners are generally allowed to keep unauthorized individuals out of the community. It includes both vertical (condo towers) and horizontal (single-family homes) developments.

What are some examples of condo regime properties in Rosarito?

• Vertical condo regimes in the Rosarito area: Club Marena, La Jolla del Mar, La Jolla Real, Palacio del Mar
• Horizontal condo regimes in the Rosarito area: Las Gaviotas, Las Ventanas, Mision Viejo

Condo regimes can be a mix of single-family homes, villas, and condos. Typically, in this case, single-family homes or villas would be situated on the ocean side. At the same time, the taller condo towers are located at the back of the community, overlooking the single-level-residences.

How are condo regimes structured?

Owners share ownership and costs of common areas. Of course, communities are different, but common area amenities may include a gated entrance, pool area, tennis or pickleball court, gym, oceanfront walkway, boat ramp, streets, visitor parking, elevators, management office space, and costs such as employees, insurances, taxes, legal, federal zone usage, utilities, and infrastructure within the community such as a water treatment plant, generators, utility lines within the community, tools, truck, strorage, etc.

These common areas, “areas comúnes” in Spanish, are owned by all the owners within the development and this common area can be used and enjoy by all the owners equally on an undivided basis.

How are common costs divided among condo owners?

Each title or bank trust includes a “porcentaje indiviso” (percentage of undivided area), which influences the owner’s share of monthly maintenance fees, special assessments, and voting power.

For example, one owner with a larger house, lot, or condo may own 1.9% of the common area, while someone with less square footage might own less, maybe 1.5% of the undivided area. These percentages are described in each owner’s bank trust or title, escritura. Look for the words “porcentaje indiviso” within your documents.

Your bank trust or title will describe the condo regime, the legal name of the condo regime, when and where it was founded, it’s bylaws, that you have agreed to fund it, where the regime is registered, and more.

Do condo regimes have building codes and rules?

Yes. Building conformity is usually managed by an architectural committee. Owners agree to the community’s bylaws and responsibilities upon purchase.

Condo regimes are usually the best-maintained and most desirable communities. You agree to be a part of it when you purchase real estate within a condo regime. As an owner, you get to vote on common area issues. You can vote for future board members and also run for a position on the board.

Can condo regimes have overlapping or neighboring regimes?

Yes. Some developments include multiple condo regimes that appear as a single community.

What is a fraccionamiento?

A fraccionamiento is generally a public subdivision. Streets and amenities may be owned by the municipality, and the public cannot be excluded.

How are older fraccionamientos structured?

In older Fraccionamientos, the owners don’t own the streets and can’t keep people, the public, out of the community. There may not even be a guard gate at the community entrance. The owners only own their land and house on the land. The developer usually donates the streets and parks to the municipality, and the municipality is then responsible for maintaining those public amenities. Sometimes, amenities, such as a pool area, may stay under the title of the original developer’s title and was not transferred or donated to the municipality.

What changes have occurred in newer fraccionamientos?

In more recent years, the state of Baja California has allowed developers of lots to sell to the first buyer with the agreement in the sale that the land they are buying is within a development that has an association of homeowners and that buyer is required to be a part of the association and to contribute to maintain the community areas that the association manages for the owners.

These developments, fraccionamientos, are much better maintained and may be able to limit some public access, maintaining a more secure community.

Are there legal uncertainties in fraccionamientos?

Yes, in newer fraccionamientos, the streets and parks may still be owned by the municipality. However, the agreement to be a part of the association requires the buyer, or owner, to contribute funds to maintain areas even if the owners do not collectively own the areas. There are some unknowns with these arrangements, as the state laws, as of the time of this writing, have not been made or implemented.

What are the advantages of living in a fraccionamiento?

Lower or no association fees, and more relaxed community-building restrictions even though you must still comply with the local municipal building codes.

What are the challenges in older fraccionamientos?

Some older fraccionamientos, which when originally sold, did not include the verbage in the agreement to be a part of an association, and now they wish they would have. They find it way too challenging to go back in history to try to get all the owners to agree to be a part of an association. So the best they can do is to get owners to contribute on a voluntary basis.

In some fraccionamientos, the state-run water provider is unable to provide water or sewer services and the housing development grows faster than the water company can handle, so water is provided to homes by a private water delivery truck. Each home has a cistern, a water tank, and a pump to deliver adequate water pressure through the house. Many homes in fraccionamientos have septic tanks as there is no community or state sewer or water treatment plant.

How can I verify responsibilities in a fraccionamiento?

Check the seller’s title for association or financial obligations and ask neighbors about who maintains amenities and utility services.

Which option is better for me?

I am sure you will find happiness and the love of living in Rosarito, Baja in any of these communities. But if you are making a significant financial investment, choose what is best for you.

• If security, infrastructure, and long-term maintenance matter most: consider a condo regime.
• In second place, I would recommend choosing a newer fraccionamiento with tighter security and an initial association agreement signed by the buyer at the time of land purchase.
• If total freedom and minimal maintenance costs are your priority: an older fraccionamiento or a home on a city street in an open community, a colonia, might be best.

Final Thoughts

You can find happiness in any type of community in Rosarito, Baja. But if making a major investment, choose the community style that aligns with your personal values and long-term needs.

by Mario Restrepo