Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the Encantame Towers Homeowners Association portal at encantamehoa.com (the “Portal”), operated by Encantame Towers Homeowners Association (“Encantame HOA,” “we,” “us,” or “our”).

By creating an account or using the Portal, you agree to be bound by these Terms. If you do not agree, please do not use the Portal.

1. Eligibility

The Portal is available to current property owners, board members, employees, and authorized administrators of Encantame Towers (Playa Encanto, Puerto Peñasco, Sonora, Mexico). Accounts are created by HOA administrators and are associated with verified property ownership or employment records.

You must be at least 18 years of age to use the Portal. By using the Portal, you represent that you meet this age requirement.

2. Account Registration and Security

• Accounts are provisioned by the HOA administrator. You will receive login credentials via email upon account creation.
• You are required to change your temporary password upon first login and complete your profile with current contact information.
• You are responsible for maintaining the confidentiality of your login credentials, two-factor authentication (2FA) recovery codes, and any other security tokens associated with your account.
• You agree to notify the HOA administrator immediately if you suspect unauthorized access to your account.
• Certain roles (administrators, board members, and employees) are required to enable two-factor authentication. All users are strongly encouraged to enable 2FA for account security.

3. Acceptable Use

You agree to use the Portal only for its intended purpose of managing your HOA-related activities. You agree not to:

• Share your login credentials with others or allow unauthorized individuals to access your account.
• Attempt to access another user's account, property records, or data without authorization.
• Upload malicious files, viruses, or harmful content through the Portal.
• Use the Portal for any purpose that is unlawful, fraudulent, or harmful to the HOA community.
• Attempt to probe, scan, or test the vulnerability of the Portal or circumvent any security measures.
• Scrape, harvest, or collect data from the Portal through automated means.
• Submit false, misleading, or inaccurate information through maintenance requests, concerns, or other forms.

4. Portal Services

The Portal provides the following services, which may be expanded or modified over time:

• Account management: Profile information, password management, two-factor authentication, and notification preferences.
• Property information: View property records, unit details, and ownership history.
• Announcements: Community announcements and important notices from the HOA board and administration.
• Documents: Access to HOA documents, meeting minutes, and community resources.
• Maintenance requests: Submit and track maintenance requests for your property and common areas.
• Insurance compliance: Upload and manage certificates of insurance for your property.
• Feedback: Submit feature requests and report issues with the Portal.

5. Communications

By using the Portal, you consent to receive communications from the HOA related to your account and properties, including:

• Account notifications: Password resets, credential updates, security alerts, and 2FA verification codes (via email or SMS).
• HOA communications: Announcements, maintenance updates, insurance reminders, and other operational notifications.
• SMS messages: If you enable SMS-based two-factor authentication, you consent to receiving verification codes via text message. Standard message and data rates from your carrier may apply.

You may manage your notification preferences through your profile settings. Certain account-related and security notifications are mandatory and cannot be disabled.

6. User Content

You retain ownership of content you submit through the Portal (photos, documents, text). By submitting content, you grant the HOA a non-exclusive, royalty-free license to use, store, and display that content as necessary to operate the Portal and provide HOA services. You represent that you have the right to submit any content you upload and that it does not infringe on any third-party rights.

The HOA reserves the right to remove content that violates these Terms or is otherwise inappropriate.

7. Intellectual Property

The Portal, including its design, logos, text, graphics, and software, is owned by or licensed to Encantame Towers HOA and is protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Portal or its content without prior written consent.

8. Privacy

Your use of the Portal is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. Please review it carefully.

9. Disclaimer of Warranties

The Portal is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We do not guarantee that the Portal will be uninterrupted, error-free, or secure. We make no warranty regarding the accuracy, completeness, or reliability of any content or information available through the Portal.

10. Limitation of Liability

To the fullest extent permitted by law, Encantame Towers HOA, its board members, officers, administrators, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Portal, including but not limited to loss of data, unauthorized access to your account, or any interruption of service.

Our total liability for any claim arising from your use of the Portal shall not exceed the amount you have paid to the HOA in dues during the twelve (12) months preceding the claim.

11. Account Deactivation

The HOA may deactivate your account if you are no longer a property owner, employee, or authorized user, or if you violate these Terms. Upon deactivation, your access to the Portal will be revoked and active property assignments will be terminated. Account records may be retained for auditing and legal compliance purposes.

12. Indemnification

You agree to indemnify and hold harmless Encantame Towers HOA, its board members, officers, administrators, and employees from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Portal, your violation of these Terms, or your violation of any rights of a third party.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Sonora, Mexico, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts of Puerto Peñasco, Sonora, Mexico.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated “Last updated” date. Your continued use of the Portal after changes are posted constitutes your acceptance of the revised Terms. We may also notify you of significant changes via email or Portal announcement.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Contact Us

If you have questions about these Terms, please contact the HOA Administrator: