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Letter to Delinquent Condominium Owners: Template (CDMX)

By Ilia SotoninCuotas de mantenimiento, Cobranza, Morosidad
Letter to Delinquent Condominium Owners: Template (CDMX)

A letter to a delinquent condómino works when it is part of a three-step written process, not an isolated reaction: a neutral reminder, a second notice with the itemized balance, and a final written demand. In Mexico City those letters are also the record the law asks you to show before going to the Procuraduría Social. Below are two templates and the steps. This article is limited to Mexico City (CDMX); other states have their own condominium law. It is not legal advice: have the reglamento and the letters reviewed by the condominio's legal adviser.

What the CDMX condominium law says about collection

References are to the Ley de Propiedad en Condominio de Inmuebles para el Distrito Federal, in force text published by the Consejería Jurídica of Mexico City (last reform 4 August 2023).

  • The asamblea sets the cuotas and the collection scheme. The asamblea general sets the cuotas and the collection system (art. 33, fr. V), and the reglamento interno must contain the collection procedure (art. 53, fr. II).
  • The administration collects and issues a receipt. The administrador collects the cuotas under the procedures, schedule and amounts set by the asamblea or the reglamento, and must give a receipt for any payment (art. 43, fr. IX and XI).
  • There is a monthly estado de cuenta. Each month the administrador gives every condómino an estado de cuenta, approved by the comité de vigilancia, showing pending cuotas and a detailed list of morosos and their amounts. Condóminos' personal data is reserved to the comité de vigilancia or an authority (art. 43, fr. XII). That is why the collection letter is addressed only to the condómino and does not mention other neighbors; how the list of morosos appears in the estado de cuenta is for the condominio to define with its adviser.
  • Default interest only if it was set. Cuotas not paid on time accrue default interest at the legal rate, as set in the asamblea or the reglamento (art. 59). The law adds that the legal interest may not exceed nine percent a year and applies to each cuota separately (art. 33, fr. V).
  • An internal attempt before the Procuraduría Social. Before starting a procedure before the Procuraduría Social, the administrador must show a prior internal mediation and conciliation procedure, with requerimientos, conversations, notices, exhortos, invitations or proposals of a payment agreement (art. 59, last paragraph).

Collection steps, from the due date to the legal adviser

The time between steps is set by each condominio in its reglamento or by asamblea resolution; the law cited here does not fix it. A reasonable sequence:

  1. Before the due date. A clear estado de cuenta with amount, concept and date, and a reminder a few days ahead.
  2. The cuota falls due. The delay is recorded per unit; the administrador knows who owes what.
  3. First letter: reminder. Neutral, with the amount and how to pay (template 1).
  4. Second letter: itemized balance. Ordinary and extraordinary cuotas separately, default interest only if the reglamento or asamblea set it, and a proposal for a date or a payment agreement.
  5. Final written demand (template 2), with proof of receipt and a deadline.
  6. Internal meeting or mediation. If the condómino responds, record what was discussed and any proposal for an agreement. It is part of the prior procedure the law asks you to show.
  7. Legal adviser. With the letters, receipts and actas in hand, the adviser decides how to proceed: the Procuraduría Social, or preparing the estado de liquidación de adeudos for the vía ejecutiva civil.

The administrador has general powers for «pleitos y cobranzas» over the common property, and must start proceedings against those who breach their obligations in coordination with the comité de vigilancia (art. 43, fr. XVII and XIX). Who signs and when is a decision for the condominio and its adviser.

Template 1: reminder letter

[CONDOMINIO NAME]
Ciudad de México, [date]

[Condómino name]
[Unit / address]
Account or unit no.: [____]

Subject: Reminder: overdue cuota de mantenimiento

Dear [name],

Our records show that the cuota de mantenimiento for [month/period]
of $[____], due on [date], has not been recorded. The outstanding
balance as of today is $[____].

You can pay by [SPEI transfer to account ____ / deposit at ____ /
card payment in the app, depending on what your condominio uses]. If
you have already paid, please send us the date and proof so we can
update the record and disregard this notice.

If you have any difficulty paying, please contact [name] at
[phone / email] before [date]: we can review a proposal.

Sincerely,
[Name and title]
Administración de [condominio]

Keep the tone neutral and do not mention any legal procedure in this first letter.

Template 2: payment demand

[CONDOMINIO NAME]
Ciudad de México, [date]

[Condómino name]
[Unit / address]

Subject: Payment demand for maintenance cuotas (requerimiento de pago)

Dear [name],

Following our notices of [date 1] and [date 2], as of the date of this
letter your unit shows the following balance:

  Ordinary cuotas for [periods]:         $[____]
  Extraordinary cuotas for [concept]:    $[____]
  Default interest (only if the reglamento or asamblea set it,
  per [resolution / reglamento article]): $[____]
  Total:                                 $[____]

We require payment of this balance no later than [date], by [payment
method]. If you wish to propose a payment agreement, we can meet on
[date / hours] at [place or link] to agree it in writing.

This letter is part of the condominio's internal requerimiento and
conciliation procedure. If we receive no reply, the administration
will refer the matter to the condominio's legal adviser.

Sincerely,
[Name and title of the administrador]
Received: ____________  Date: ________

Deliver the letter against a signed receipt or by the means the reglamento provides, and keep the copy with the proof. Do not include threats or other neighbors' data.

The estado de liquidación de adeudos is not the monthly estado de cuenta

In Mexico City the law gives the force of a título ejecutivo in the vía ejecutiva civil to the estado de liquidación de adeudos, intereses moratorios or pena convencional stipulated in the asamblea or the reglamento, if it meets these conditions (art. 59):

  • it is signed by the administrador and by the president of the comité de vigilancia;
  • it is accompanied by the corresponding payment receipts;
  • it is accompanied by a copy, certified by a notary public or the Procuraduría, of the acta de asamblea or reglamento interno that set the cuotas, interest and other obligations.

The law provides that this action may be brought when two ordinary cuotas or one extraordinary cuota are unpaid, with the conditions article 59 itself sets out. The administrador's monthly estado de cuenta (art. 43, fr. XII) is a different document. Preparing and filing the estado de liquidación is the legal adviser's work.

How Unitify does it

The routine part is repeating the same thing, on time and with a record, for every unit. That is what Unitify billing is for:

  • Cuotas per unit. Set the cuota once and each unit's balance stays current, with the detail of what is owed and why.
  • Automatic reminders. The notice goes out before and after the due date, the same for everyone, and the resident receives it in the resident app.
  • Payment status per unit. The administration sees at a glance who has paid and who is behind, instead of rebuilding it every month.
  • Payment methods. Owners keep paying by SPEI as they already do, and the platform organizes the record and communication; card payments run through Unitify's Stripe integration. Payments made outside can be imported from Excel and matched to accounts. More on the Mexico page.
  • Record. Every reminder sent and every payment received stays on the unit's account, which is the file the legal adviser needs.

At Ande Tower in Batumi, Georgia, collection went from 40% to 80% in six months.

What Unitify is not: it is not accounting software and does not replace your accountant, and it does not decide legal steps. Interest, deadlines, the estado de liquidación and any procedure before the Procuraduría Social or the courts are set by the condominio with its legal adviser. For the base process, see also how to collect cuotas de mantenimiento on time.

Book a demo to see cuota reminders and payment status per unit.

Topics:Cuotas de mantenimientoCobranzaMorosidad

Frequently asked questions

How do you write a letter to a delinquent condómino?

State the exact amount, the period, the due date and how to pay, in a neutral tone. The first letter is a reminder (the payment may have been made and not recorded); the next itemizes the balance, adds default interest only if the reglamento or the asamblea set it, and proposes a date or a payment agreement. The administrador signs it and keeps a copy with proof of delivery.

Can a condominio in Mexico City charge default interest?

Yes, if it was set in the asamblea general or the reglamento interno. The Ley de Propiedad en Condominio de Inmuebles para el Distrito Federal provides for it at the legal rate, and says the legal interest may not exceed nine percent a year, applied cuota by cuota. If your condominio never set it, the letter should not charge it.

Which document allows collection through the vía ejecutiva civil in Mexico City?

The estado de liquidación de adeudos, intereses moratorios or pena convencional, signed by the administrador and the president of the comité de vigilancia, with the payment receipts and a copy of the acta or reglamento that set the cuotas, certified by a notary public or the Procuraduría Social. It is not the same as the monthly estado de cuenta. The condominio's legal adviser prepares and checks it.

In Mexico City, must there be an internal attempt before going to the Procuraduría Social?

Yes, in Mexico City: the administrador must show the Procuraduría Social a prior internal mediation and conciliation procedure, with requerimientos, conversations, notices, invitations or proposals of a payment agreement. That is why each letter and notice should be written and dated.

Do these rules apply across Mexico?

No. This article is limited to Mexico City. Condominium legislation is set state by state, and other states have their own law, with rules that can differ.