By: Elias Flores Gallegos, Attorney

In the State of Baja California there is no legal concept of private condominium. The argument has always been that all people can move freely through the streets of our cities, as a right of free transit laid down in our Constitution, with the only limitation to respect private property.

In Baja California, only the Law on Property Regime Condominium, establishes the possibility of establishing small communities or private fractionation, which can be governed under their own rules and are administered by an Assembly as the supreme organ of directors, which is sustained through maintenance fees to which residents contribute monthly.

In our city Mexicali, there are semi private subdivisions, to which only residents or visitors can access, through checkpoints, called booths and some even have sophisticated devices for more access control. This in violation of the law.

However, gated communities are a social necessity that should be regulated by our authorities, through modern legal mechanisms, since private communities are a form of social organization through which residents of an area of the city, take care and protect each other against acts of insecurity, but it is also a way to harmonize coexistence between residents.

Gated communities help to generate actions and attitudes of healthy coexistence, through respect, tolerance, responsibility, social participation, solidarity and mutual acceptance.

Elias Flores Gallegos, Attorney at Law, current President at FLORES GALLEGOS ABOGADOS Law Firm, S.C., in Mexicali, graduate of the Autonomous University of Baja California, with an L.L.M. in International Corporate Law from the University of Guadalajara, currently litigator specializing in the areas of civil, commercial, corporate, criminal, agricultural, family, administrative law, among other areas, with over 25 years of experience. He has contributed academically as a la law professor at UABC and Cetys University, he was awarded Attorney of the Year in 2009 by the INC in Mexico.

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