url
stringlengths 42
388
| state
stringclasses 50
values | path
stringlengths 83
10.4k
| title
stringlengths 34
2.24k
| content
stringlengths 0
2.39M
|
|---|---|---|---|---|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-149/1284/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285)›§ 1284 - Rights of third persons
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1284 - Rights of third persons
|
The division of a thing held in common shall not cause injury to a third person, who shall retain the rights of mortgage, servitude or other real rights belonging to him before the division was made. The personal rights belonging to a third person against the common ownership shall also remain in force, notwithstanding the division.
History —Civil Code, 1930, § 339.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-149/1285/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285)›§ 1285 - Rules applicable to division
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1285 - Rules applicable to division
|
The rules relating to the division of inheritances shall apply to the division amongst part-owners.
History —Civil Code, 1930, § 340.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291 - Applicability of chapter
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291 - Applicability of chapter
|
The provisions in this chapter apply exclusively to the set of apartments and common elements whose single owner (or all owners, if there are more than one) expressly states, in a public title, the desire to submit the referenced property to the horizontal property regime set forth in this chapter, and inscribes said title in the Registry of the Property.
The horizontal property regime may be set forth over real estate located on land belonging to another person, if the owner of the land grants the lease, usufruct, or surface rights perpetually to the builder or the condominium tenant.
The title that sets forth the horizontal property regime shall clearly and precisely state the purpose and use of all areas comprised by the property, and, unless otherwise authorized by this chapter, once said purpose and use have been established, they can only be changed by means of the unanimous consent of the owners.
History —June 25, 1958, No. 104, p. 243, § 2; June 4, 1976, No. 157, p. 461, § 1; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 3, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291a/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291a - Apartment, definition
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291a - Apartment, definition
|
For the purposes of this chapter, apartment shall be understood to be any unit of construction, sufficiently delimited, consisting of one or more cubic spaces, closed, partially closed, or open, and its annexes (if any), even if they are not contiguous, provided that said unit:
(1) Is susceptible to any type of independent utilization, and
(2) has a direct exit to a public thoroughfare or a given common space leading to such thoroughfare.
The square measure of the areas recorded in the master deed and/or plans constituting a building as the annex of an apartment for the particular use of such apartment, thus excluding all other apartments, shall not be included when computing the square area of the apartment in question or its percentage share in the common elements of the real property, except that the sole owner of the apartments or, if more than one owner, all owners by unanimity, in the original master deed for the constitution of the regime and/or those documents prepared and executed to modify an already existing regime, expressly provide otherwise for one or more annexes, in which case, for such purpose, only those annexes so specified in the original master deed or the documents to amend an existing horizontal property regime shall be taken into account.
History —June 25, 1958, No. 104, p. 243, § 3; June 4, 1976, No. 157, p. 461, § 1; Aug. 15, 2008, No. 281, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291b/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291b - Effect of submission to horizontal property regime
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291b - Effect of submission to horizontal property regime
|
Once the property is submitted to the horizontal property regime, the apartments mentioned in § 1291a of this title may be individually conveyed and encumbered and be the object of ownership or possession, and of all types of juridic acts inter vivos or mortis causa, entirely irrespective of the rest of the property of which they are a part, and the corresponding titles shall be recordable in the Registry of Property according to the provisions of this chapter and of the Mortgage Law.
History —June 25, 1958, No. 104, p. 43, § 4; June 4, 1976, No. 157, p. 461, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291c/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291c - Effect of conveyance or encumbrance and subrogation of rights—Apartment planned and not be...
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291c - Effect of conveyance or encumbrance and subrogation of rights—Apartment planned and not begun
|
In cases of the conveyance or encumbrance of an apartment that has been planned but not yet under construction, there shall be deemed to be acquired by the new owner or encumbered the share corresponding to the conveyor or in the proper case, to the debtor in the common elements of the property in project, and his right to have the apartment constructed, and the acquirer shall be understood to be subrogated in the rights and to the extent of the former, for all legal purposes.
History —June 25, 1958, No. 104, p. 243, § 5; June 4, 1976, No. 157, p. 461, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291d/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291d - Effect of conveyance or encumbrance and subrogation of rights—Apartment under construction
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291d - Effect of conveyance or encumbrance and subrogation of rights—Apartment under construction
|
In case of the conveyance or encumbrance of an apartment already under construction, the shares to which § 1291c of this title refers shall be deemed acquired or encumbered, and the part already constructed of the apartment in question shall be deemed individually acquired or encumbered, the acquirer being also subrogated in the rights and to the extent of the conveyer, for all legal purposes.
History —June 25, 1958, No. 104, p. 243, § 6, eff. 90 days after June 25, 1958.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291e/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291e - Number of co-owners
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291e - Number of co-owners
|
Each apartment may belong in common ownership to more than one person.
History —June 25, 1958, No. 104, p. 243, § 7, eff. 90 days after June 25, 1958.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291f/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291f - Right of owner to his apartment; basis for determining share
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291f - Right of owner to his apartment; basis for determining share
|
The owner shall have an exclusive right to his apartment and to a share, with the other co-owners, in the common elements of the property, equivalent to the percentage representing the area of the apartment in the area of all the apartments in the property. In the case of apartments with two or more levels, the area of each level shall be considered.
History —June 25, 1958, No. 104, p. 243, § 8; June 4, 1976, No. 157, p. 461, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291g/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291g - Mortgage credits constituted before or after submission to regime; consent of co-owners
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291g - Mortgage credits constituted before or after submission to regime; consent of co-owners
|
The mortgage credits constituted prior to submitting the property to the horizontal property regime shall be subject to the provisions set forth in § 2570 of Title 30, but the creditor, upon initiating the collection procedures, shall direct the action for the total guaranteed amount simultaneously against all the owners of apartments with liens. If such credits are constituted after the property is organized under the horizontal property regime, their distribution shall be conducted in the manner referenced in § 2566 of Title 30 among apartments with liens that are already built; and regarding apartments merely projected or still being built, the distribution of the credit should be conducted among the participations or inscribed rights, pursuant to §§ 1291c and 1291d of this title.
The mortgage of the common elements of real estate built under a horizontal property regime can only be brought about by means of the unanimous agreement of all the owners.
History —June 25, 1958, No. 104, p. 243, § 9; June 4, 1976, No. 157, p. 461, § 1; Apr. 5, 2003, No. 103, § 4, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291h/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291h - Foreclosure by single action after distribution of mortgage credits
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291h - Foreclosure by single action after distribution of mortgage credits
|
Whenever credits have been distributed under the preceding § 1291g of this title the foreclosure action may be conducted in one sole proceeding and with one sole certification from the Registry of Property.
History —June 25, 1958, No. 104, p. 243, § 10, eff. 90 days after June 25, 1958.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291i/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291i - General common elements of the property
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291i - General common elements of the property
|
The common elements of the property are the following:
(a) The following are considered to be general and necessary common elements, not susceptible to individual ownership by the owners, and subject to a regime of undivided interest:
(1) The projection, understood as the right to build upwards. Except as provided in § 1291 l -1 of this title, the enclosure or roofing of patios, terraces or open areas, as well as the construction of new stories above the roof and above or below the ground that are not contemplated in the plans submitted with the deed constituting the regime, shall require the unanimous consent of the owners, provided that this requirement shall not apply to the enclosure or roofing of patios, terraces or open areas located on the ground or lower story (ground level) of the property, intended for the exclusive use of certain apartments that were constituted in the regime before April 5, 2003.
(2) The foundations, main, and bearing walls, roofs, hallways, stairways, and entrance and exit, or communication passageways.
(3) Locations for the installation of central utilities, such as electric power, lighting, gas, hot and cold water, refrigeration, cisterns, water tanks and pumps, and similar others indispensable for the adequate enjoyment of the units, minding that these elements shall not be located within private apartments or locations.
(4) Elevators, when needed for the adequate enjoyment of the units.
(5) Green areas and trees required by the instrumentalities or dependencies of the Commonwealth of Puerto Rico.
(6) The area designated for the placement of solid waste recycling containers; provided that the placement of containers for recyclable materials shall be mandatory in all condominiums, unless there is no space available to be devoted to an area for the placement of recycling containers, in which case the Apartment Owners” Association, the Board of Directors or the Administrative Agent, shall notify this fact to the Secretary of the Department of Consumer Affairs, in writing, by personal delivery, certified mail or electronic mail. The Secretary may investigate, at his/her discretion, the accuracy of the information provided and if in his/her judgment it is not justified, he/she may require compliance with the provisions of this paragraph. If the affected party does not agree with a decision of the Secretary of the Department of Consumer Affairs enforcing compliance with the provisions of this chapter, such party may request an Administrative Hearing pursuant to the Uniform Administrative Procedures Act.
(7) Any other element that is indispensable for the adequate enjoyment of the units.
Any agreement that transfers ownership, possession, or control of the aforementioned elements to another natural or legal person different from the Apartment Owner’s Association shall be null and void.
(b) The following shall be deemed to be general common elements, except as otherwise provided or stipulated:
(1) The land, basements, roofs, patios, and gardens.
(2) Locations designated for the sheltering of porters or guardians.
(3) Areas designated as parking spaces.
(4) Recreational areas that exceed the requirements set forth by urban regulations, or authorities with jurisdiction.
Adjudication of the aforementioned common areas or elements shall require having been set forth in the construction title of the horizontal property regime, or if the conversion and transfer takes place after the construction of the property, the unanimous consent of the owners shall be required. The transfer shall be inscribed in the Registry of the Property, stating the new participation percentages for each of the benefited units.
Even when the foregoing areas under this subsection are susceptible to independent use, they may not be constituted or allocated as private areas, unless it is done for the benefit of the Apartment Owner’s Association, or of one or several condominium apartment owners. The parking areas in exclusively residential condominiums shall constitute a common, general, or limited element, or as a private area whose spaces and ownership shall be attributed to the apartment owners.
With the exception of exclusively commercial or professional condominiums, ownership of individual parking spaces that constitute independent property shall not be taken into account in the determination of quorum or majority based on the number of owners, although the participation percentage corresponding to such spaces in the common elements may be calculated when the regulations includes such participation in its definition of majority. When the area designated as parking space has been totally configured as independent property, its owner shall be entitled to one vote, as if it were an apartment unit.
History —June 25, 1958, No. 104, p. 243, § 11; June 4, 1976, No. 157, p. 461, § 1; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43; Apr. 5, 2003, No. 103, § 5; Aug. 15, 2008, No. 281, § 2; § 1, eff. 180 days after May 12, 2011; May 21, 2011, No. 76, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291i-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291i-1 - Transfer of common elements
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291i-1 - Transfer of common elements
|
Areas such as units, parking spaces, or locations, that are susceptible to individual use, whose ownership has been assigned to the Apartment Owner’s Association, shall be for the common good, as well as private apartments acquired by the Apartment Owner’s Association by means of cession, seizure in debt collections, or by any other legal means.
Acquisition of a common location or apartment by means of seizure in debt collections shall require the approval of the majority of the Apartment Owner’s Association. The transfer of this type of element shall not be free of charge and requires the same approval, provided the proceeds of the sale or transfer is designated to defray debts or expenses for the maintenance of common areas. The transfer to defray any other expense, or to defray expenses for improvement projects shall require the consent of the owners, pursuant to the requirements for obtaining approval of the expense or project being considered.
Once the apartment has been transferred, it shall no longer be considered as a common element.
History —June 25, 1958, No. 104, p. 243, added as § 11-A on Apr. 5, 2003, No. 103, § 6, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291j/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291j - Limited common elements of the property
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291j - Limited common elements of the property
|
Also deemed common elements, but limited in character if so expressly agreeed upon by all co-owners of the property, shall be those devoted to the service of a certain number of apartments to the exclusion of the others, such as special corridors, stairways and elevators, sanitary services common to the apartments of a particular floor, and the like.
History —June 25, 1958, No. 104, p. 243, § 12; June 4, 1976, No. 157, p. 461, § 1; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291k/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291k - Indivisibility of common elements
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291k - Indivisibility of common elements
|
The common, general, and limited elements shall be kept in compulsory indivisibility and shall not be subject to an action of community division. Any agreement to the contrary shall be null and void.
The Board of Directors shall handle the necessary procedures for the most appropriate and efficient operations and management of the equipment or general common elements, following the guidelines set forth and the budget approved by the Apartment Owner’s Association. Matters pertaining to the limited common elements shall be under the management of the owners of the apartments to whom the same were allocated. If the benefited owners do not perform the maintenance works of their respective limited common limited elements, and so cause harm to the building or to the other owners, the Board of Directors may perform said works at the expense of the owners to whom the referenced elements were allocated.
All owners are duty bound to allow passage through the limited common elements enjoyed by their apartments when necessary for the performance of maintenance works or improvements of equipment, or of their respective limited common elements. Access shall be coordinated with the pertinent owner, making sure that enjoyment of the apartment is obstructed as little as possible.
The Apartment Owner’s Association may allow, by means of majority vote, the existence or installation of iron grillwork placed in common areas by one or several owners, if so warranted for more security for their respective units, if by so doing the enjoyment or safety of other apartments is not affected, and access to other common areas is not obstructed.
History —June 25, 1958, No. 104, p. 243, § 13; Apr. 5, 2003, No. 103, § 7, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291l/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291l - Use of common elements—Equipment and machinery
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291l - Use of common elements—Equipment and machinery
|
Each owner shall use the common elements in accordance with their purpose, without restricting or obstructing the legal rights of others, under the following conditions:
(a) By majority vote of the Apartment Owner’s Association, installation of equipment on the roof may be authorized for one or several owners for the exclusive enjoyment of their apartments, if such installations do not curtail the enjoyment of another unit, in which case the compliance of the affected party is required.
(b) Also by authorization, equipment or machinery for the enjoyment of a limited number of apartment owners may be installed in common areas, if they assume the costs entailed, and the future maintenance costs. To obtain the referenced authorization, said apartment owners shall certify to the Apartment Owners’ Association that the installation and use of such equipment or machinery, according to expert opinion, does not substantially alter the appearance or architectural design of the structure, does not affect the safety or solidity of the building, and does not obstruct the enjoyment of the other units. Apartment owners who originally would not have contributed toward such improvements may benefit from the same if they contribute the proportional costs that would have corresponded to them afterwards, paying the legal interest.
In any case, if the location of the equipment affects the appearance of the structure, its installation shall require the consent of all the owners. The Apartment Owners’ Association may impose a special fee to those apartments that benefit from this authorization, pursuant to the provisions set forth in subsection (e) of § 1293b of this title.
History —June 25, 1958, No. 104, p. 243, § 14; June 4, 1976, No. 157, p. 461, § 1; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 8.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291l-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291l-1 - Use of common elements—Parking space
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291l-1 - Use of common elements—Parking space
|
When the parking area is a common element, all owners shall have the right to use a parking space with the capacity to accommodate an automobile per occupied apartment owned. No owner may use a parking space that exceeds such capacity, if by so doing another owner is deprived of the effective enjoyment of such common element. If the number of parking spaces with capacity to accommodate an automobile were less than the number of apartments, and there are more apartment owners interested in their use than available parking spaces, there shall be a lottery for said parking spaces among the interested parties for their use for the term designated by the Owners’ Association, in such a manner that access to such spaces is guaranteed for all the interested parties.
By the Apartment Owners’ Association majority agreement, the parking of automobiles may be allowed in common access roads for the enjoyment of all the apartment owners. If the amount of parking spaces is less than the number of apartment owners interested in using them, there shall be a lottery for said parking spaces, as set forth in the foregoing paragraph. The Association shall determine the terms and conditions for participation in the lottery, including the collection of a rate of rental, if it so deems convenient, and may adopt any other method for the best use of this parking area, if by so doing enjoyment of or access to the private spaces is not obstructed.
By agreement of two thirds (2 / 3) of the owners that in turn comprise two thirds (2 / 3) of the participations in the common areas of the structure, additional parking areas may be enabled or built, if by so doing the green areas are not substantially affected, the necessary permits from the pertinent government agencies are obtained, and there is compliance with the conditions set forth in subsections (d) and (e) of § 1293b of this title. Likewise, areas so enabled may be constituted as a common element or as annexes to the apartments by vote, in which case they shall be subject to the provisions set forth in subsection (b) of § 1291i of this title.
History —June 25, 1958, No. 104, p. 243, added as § 14-A on Apr. 5, 2003, No. 103, § 9, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291l-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291l-2 - Rental and sale of parking spaces
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291l-2 - Rental and sale of parking spaces
|
Any owner of an individual parking space not subject to the apartment’s ownership, who wishes to sell or rent such parking space, shall give proper notice and priority to the owners of the condominium community. The parking space owner shall be required to place a visible notice in the condominium for a period of thirty (30) days and to notify his/her intent to sell or rent such parking space to the Condominium’s Board of Directors within a term of ten (10) days prior to the thirty (30)-day period to place the notice in the condominium notifying such sale or rental.
The Condominium’s Board of Directors is hereby authorized, with the consent of a majority of the Tenants’Association, to acquire by purchase or rental any such parking spaces on sale by parking space owners.
Any transaction or sale of a parking space inconsistent with the provisions of this section shall be void.
History —June 25, 1958, No. 104, p. 243, added as § 14-B on Mar. 18, 2010, No. 31, § 1; Dec. 16, 2011, No. 260, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291m/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291m - Rules governing use of apartments; violation as ground for civil action
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291m - Rules governing use of apartments; violation as ground for civil action
|
The use and enjoyment of each apartment shall be subject to the following rules:
In the exercise of the ownership rights under this chapter, the following general principles shall govern, particularly, those stated in Section 1-A of this Act.
Infractions against these principles or the rules stated in the subsequent subsections shall warrant the exercise of action for damages by any owner or occupant affected, as well as of any other corresponding action under the law, including interdicts, those set forth in the Controversies and Provisional Legal Status Act, §§ 2871 et seq. of Title 32, and any other fair remedy.
(a) Each apartment shall be dedicated only to the use set forth for the same in the title referenced in § 1291 of this title.
(b) Apartment occupants shall not produce noises or trouble, nor execute acts that inconvenience the peace of the other owners or neighbors.
(c) The apartments shall not be used for purposes that are unlawful or immoral, or against good practices.
(d) All owners shall execute, at their own expense, the modifications, repairs, cleaning, security, and improvements of their own apartments, without obstructing the rightful use and enjoyment of others. It shall be the inescapable duty of every owner to perform the repair and security works as soon as necessary, so as not to affect the security and appearance of the building. All owners or occupants of an apartment are legally bound to allow repairs or maintenance works required by the building in their unit, allowing entrance to the apartment for their completion.
(e) No owner or occupant may, without the consent of all the owners, change the external form of the façade, nor decorate walls, doors, or exterior windows with colors or tones that differ from those of the development. When a proposal to change the external form of the façade, or to decorate walls, doors, or exterior windows with colors or tones that differ from those of the development, in a condominium of forty (40) or more apartments in which no person owns half or more than half of said apartments, is submitted for vote in the Apartment Owner’s Association, a seventy-five percent (75%) majority vote of the owners shall be sufficient to be approved, insofar as no opposing owner proves that the changes or alterations are unnecessary and adversely affect the appraisal value of his/her apartment. The state of architectural decay, the time and cost of remodeling at an individual and general level, as well as the projected appraisal value of each real property shall be taken into consideration to determine if the changes are necessary. Façade means the structure’s architectural and aesthetic design, as it arises from the master deed.
Once the agencies concerned issue a hurricane or storm warning, the use of any type of temporary or removable storm windows shall not constitute an alteration of the facade. Regarding permanent storm windows, the Board of Directors shall solicit quotes and design, type and specific color alternatives, and shall present same to the Apartment Owners’ Association, who shall decide which shall be installed by majority vote. Temporary storm windows shall be removed as soon as the hurricane or storm warning is over, or after the passage of the phenomenon, unless the area protected by the same has been damaged in such a manner that said storm windows constitute the only temporary protection.
When according to expert opinion, the original equipment or elements of the building that form part of its architectural design, such as windows, doors, iron grills, or ornaments, the Apartment Owners’ Association shall decide by majority vote which type and design of equipment or element shall substitute the original. Any owner who is interested in substituting such elements or equipment shall have to do so according to the type and design adopted by the Association. The imposition upon all the owners of performing the substitution shall require compliance with all the requirements set forth in subsection (d) of § 1293b of this title regarding these improvement works.
(f) All owners shall contribute according to the participation percentage set upon their apartment in the constitution title, and to that which is especially set forth, according to subsection (f) of § 1293b of this title, regarding the common expenses for the adequate sustainment of the building, its services, taxes, burdens, and responsibilities, included in apportionments, insurance premiums, reserve fund, or any other expense that is duly approved by the Apartment Owners’ Association.
(g) All owners shall observe due diligence in the use of the property, and in their relationships with other unit owners, and shall respond to same for violations committed by their own relatives, guests, or employees, and in general, by all persons who occupy their apartment for any reason, without prejudice of direct actions that proceed against such persons.
(h) No unit owner or occupant may install or attach any object to walls that may constitute a safety hazard to any person, to private or common property.
(i) All unit owners and occupants shall remain in strict compliance with the administrative provisions set forth in this chapter, in the title, or in the Regulations referenced in § 1293 of this title.
(j) The buyer of an apartment whose seller is not the developer, temporary administrator, or a constituent of the regime, accepts the manifest condition of the common elements of the condominium in the manner in which these are found physically at the time of the purchase, and subrogates to the position of the seller regarding the rights of same over the initiation of any action in which the change is challenged due to the breach of this chapter, the original mortgage title, or the Regulations of the condominium. Knowledge of the manifest changes that exist in the property for all purposes of third party registry shall be attributed to this buyer.
History —June 25, 1958, No. 104, p. 243, § 15; June 4, 1976, No. 157, p. 461, § 1; Dec. 17, 1999, No. 343, § 1; Apr. 5, 2003, No. 103, § 10, eff. 90 days after Apr. 5, 2003; Sept. 17, 2012, No. 261, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291m-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291m-1 - Notice to director or board of directors
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291m-1 - Notice to director or board of directors
|
All unit owners shall communicate to the Director or Board of Directors within the thirty days following the date of the purchase of their apartment unit, their name, last names, general information, and address, as well as the date and other details of the acquisition of their apartment unit, showing irrefutable proof of such matters, in addition to the registration of their signature in the Book of Unit Owners.
In the event of the sale, cession, or lease of the apartment unit, the unit owner shall notify same to the Director or the Board of Directors, stating name, last names, general information and address of the acquirer or tenant, as well as require from the acquirer or tenant a statement expressing that same knows and faithfully observes the precepts set forth in this chapter and the Regulations, as well as the foundations of the horizontal property regime, to be included in the transfer or lease agreement.
The owner lessor shall continue to bear sole responsibility for the payment of fees for the common expenses, and shall also be responsible for compliance by the lessee with this chapter and the Regulations.
History —June 25, 1958, No. 104, p. 243, added as § 15-A on June 4, 1976, No. 157, p. 461, § 2; Apr. 5, 2003, No. 103, § 11, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291n/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291n - Agreements regarding maintenance and use of elements held in common
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291n - Agreements regarding maintenance and use of elements held in common
|
The majority of the owners shall agree upon the necessary works for the preservation or security of the building, and the efficient use of the common areas. If the efficient use works curtail the enjoyment of any particular owner, such works cannot be performed without the consent of the affected owner.
The unanimous consent of all the owners is required for all works that adversely affect the common elements of the building.
History —June 25, 1958, No. 104, p. 243, § 16; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 12, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291o/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291o - Payment for urgent repairs; recovery from other co-owners
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291o - Payment for urgent repairs; recovery from other co-owners
|
When the building or its common elements require urgent or necessary repair, security, or preservation works, any owner may perform them at his/her own expense and recover from the other owners the proportional payment for the expenses incurred, by means of the pertinent explanations with supporting data.
Regarding urgent or necessary works, the recovery of the expenses shall proceed if the Board of Directors, once notified, had not acted with the due diligence warranted by such works, except when under emergency situations. The reimbursement shall be requested no later than thirty (30) days after having made the payment. The Board shall verify the reimbursement request, and if appropriate, it shall make the payment within thirty (30) days, if same does not exceed 10% of the budget, in which case the procedure to follow is set forth in subsection (d)(2) of § 1293b of this title. Unless so authorized by the Board, the owner shall not compensate such an expense against the maintenance fee. In any case, recovery by an owner for necessary works or reimbursement shall not proceed if the Condominium Association decides to postpone or not perform the same. The owner who feels having been harmed by such decision may request assistance from the authority with jurisdiction.
History —June 25, 1958, No. 104, p. 243, § 17; Apr. 5, 2003, No. 103, § 13, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291p/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291p - Prohibition of new construction and other work without unanimous consent
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291p - Prohibition of new construction and other work without unanimous consent
|
No unit owner may, without the unanimous consent of the others and without having the corresponding permits from the pertinent agencies, build new floors, build basements, perform excavations, or perform works that affect the security, solidity, and preservation of the building.
History —June 25, 1958, No. 104, p. 243, § 18; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 14, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291q/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291q - Right of redemption upon conveyance of indivisible share
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291q - Right of redemption upon conveyance of indivisible share
|
Where an apartment belongs undividedly to several persons and one of them conveys his share, the other co-owners of that apartment shall have the right of redemption provided in § 3922 of this title.
History —June 25, 1958, No. 104, p. 243, § 19; June 25, 1959, No. 77, p. 209, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291r/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291r - Distribution of common profits
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291r - Distribution of common profits
|
The common profits of the property shall be distributed among the co-owners of the apartments according to the percentage represented by each in the common elements of the property, in conformity with the percentages allotted to the apartments under § 1291f of this title.
History —June 25, 1958, No. 104, p. 243, § 20; June 4, 1976, No. 157, p. 461, § 3.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-i/1291s/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter I - General Provisions (§§ 1291 — 1291s)›§ 1291s - Majority of co-owners and council of co-owners, meaning of terms; quorum
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291s - Majority of co-owners and council of co-owners, meaning of terms; quorum
|
The bylaws referred to in § 1293 of this title shall specify which of the following two definitions of majority shall govern for the property in question:
(a) At least one-half plus one of the co-owners; or
(b) at least one-half plus one of the co-owners whose apartments in turn represent at least fifty-one percent of share in the common elements, in accordance with the percentages assigned to the apartments pursuant to § 1291f of this title.
Likewise, whenever this chapter refers to the Council of Co-Owners, this shall be held to be all the co-owners, but a majority, as defined in the bylaws shall, except as otherwise provided herein, constitute a quorum for the adoption of decisions.
History —June 25, 1958, No. 104, p. 243, § 21; June 4, 1976, No. 157, p. 461, § 3.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292 - Contents of public deed
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292 - Contents of public deed
|
The public deed referenced in § 1291 of this title shall state the following circumstances:
(a) Description of the land and general description of the structures thereon, with the respective areas and construction materials.
(b) Description and number of each apartment, stating its measures, location, rooms, main entrance door and immediate place with which it communicates, and any other data necessary for its identification.
(c) Description of the general common elements of the property, and, in the proper case, of the common elements limited to a certain number of apartments, stating which are those apartments.
(d) Clear indication of the purpose to which the property and each one of the apartments is devoted.
(e) Area of all the apartments in the property and area of each apartment, assigning in accordance with these measures the percentage that the co-owners shall have in the expenses, profits and rights in the common elements.
(f) Everything relating to the administration of the property, in the proper case.
(g) And any further data in connection with the property which may be of interest to so state.
(h) The statement of the circumstances included in subsections (a), (b), (c), and (e) shall be made according to a certified legal description provided by the engineer or architect who was in charge of the preparation of the blueprints of the building that shall be submitted to the Registry of the Property, pursuant to § 1292b of this title.
The following shall be included along with the title:
(a) A certified copy of the license of the Developer or Builder, issued by the Secretary of the Department of Consumer Affairs, if so required, pursuant to the provisions set forth in §§ 501 et seq. of Title 17, and
(b) a sworn certification by the person that submits the building to the horizontal property regime, which states that:
(1) The blueprints submitted to the Registry of the Property are the true and exact copy of those approved by the Regulations and Permits Administration, and include any change made to the building at the time of the execution of the title.
(2) The common and private areas yet under construction and the projected date of completion of same, as well as the promise that copies of the blueprints, duly certified by the Regulations and Permits Administration, in which the changes made in the construction shall be stated.
(3) All the requirements of this chapter have been complied with, as well as the resolutions and permits from the government agencies to submit the property to the regime.
(4) An exact copy of the certified legal description provided by the engineer or architect in charge of the preparation of the blueprints of the building has been included in the title.
History —June 25, 1958, No. 104, p. 243, § 22; June 4, 1976, No. 157, p. 461, § 3; Apr. 5, 2003, No. 103, § 15, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292a/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292a - Contents of deeds of individual apartments
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292a - Contents of deeds of individual apartments
|
The deed of each individualized apartment shall state the particulars prescribed in § 1292(b) of this title relating to the apartment concerned and, also, the percentage pertaining to said apartment in the common elements of the property. If the land on which structure is located is held under a lease or usufruct title, the deed shall so state, specifying the date on which the lease or usufruct expires.
History —June 25, 1958, No. 104, p. 243, § 23; June 4, 1976, No. 157, p. 461, § 3.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292b/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292b - Copies of plans to be appended to, or to accompany, deeds; authentication
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292b - Copies of plans to be appended to, or to accompany, deeds; authentication
|
The certified copy of the title originated by the first inscription of the entire building, and the certified copy of the title originated by the first inscription of the individualized unit for its inscription in the Registry of the Property shall be submitted as complimentary documents along with the complete true and exact copies of the blueprints of said building, or of the sketch of the apartment in question, pursuant to the cases, to be kept in the Registry of the Property. Such blueprints shall be certified, without payment of duties, by the Administrator of Regulations and Permits, and shall graphically indicate the particularities of the building or apartment, as the case may be.
Whenever it is desired to submit an existing building whose blueprints are not in the files of the Regulations and Permits Administration to the horizontal property regime, it shall be so stated by means of a certification issued to that effect by the Administrator. In such a case, the certified copy of the title that, under such regime is originated by the first inscription of the total building, and the certified copy of the title originated by the inscription of the individual unit shall be accompanied by a set of blueprints, as built, certified by an authorized engineer or architect authorized for the practice of his profession in Puerto Rico, which graphically and clearly indicate the particularities of the building or apartment, as the case may be.
The certified copy of the title originated by the first inscription of the total building in the Registry of the Property shall also include an appraisal of said building, certified by an appraiser authorized for the practice of his profession in Puerto Rico. This appraisal shall be used in the calculation of the inscription fees to be paid in the Registry of the Property.
History —June 25, 1958, No. 104, p. 243, § 24; June 25, 1959, No. 77, p. 209, § 1; June 4, 1976, No. 157, p. 461, § 3; Apr. 5, 2003, No. 103, § 16, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292c/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292c - Manner of recordation—Generally
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292c - Manner of recordation—Generally
|
Horizontal property is organized in the Registry under a system of parcels interconnected by cross-referenced marginal notes.
Inscription of the structure built upon the land shall be performed in the parcel in which the land is inscribed and shall be designated as master parcel.
Each unit shall be inscribed as a separate parcel, in a particular filial registry of the master parcel, unless the structure is built upon land belonging to another, in which case the master parcel shall be that in which the building is inscribed.
All the aforementioned inscriptions shall be preceded by the phrase “Horizontal Property”.
History —June 25, 1958, No. 104, p. 243, § 25; June 4, 1976, No. 157, p. 461, § 3; Apr. 5, 2003, No. 103, § 17, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292d/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292d - Manner of recordation—Particular details with respect to registering building under princi...
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292d - Manner of recordation—Particular details with respect to registering building under principal record
|
When the structure is inscribed in the master parcel, those circumstances that appear in § 2308 of Title 30, in harmony with those of the Regulations set forth for its execution, and with § 1292 of this title, except that regarding the description of each unit in the structure, for the effects of the records in the master parcel, it shall suffice that the number of apartments that comprise the structure, number and type of apartment in each floor, stating the number of each, the area and participation percentage of the common elements that corresponds to each, all without prejudice to the provisions set forth in § 1292e of this title, for the inscription of the individual apartment unit. In addition, the projected, initiated, and performed works shall be stated, as the case may be.
In said records, the common elements shall also be inscribed permanently, in behalf of the or those who become the owner or owners of the total building, and in the future, of the units, without stating their names and last names, and in the corresponding proportion.
History —June 25, 1958, No. 104, p. 243, § 26; June 19, 1969, No. 43, p. 78; June 4, 1976, No. 157, p. 461, § 3; Apr. 5, 2003, No. 103, § 18, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292e/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292e - Manner of recordation—Particular details with respect to registering apartments by means o...
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292e - Manner of recordation—Particular details with respect to registering apartments by means of filial entries
|
At the time of inscription of the units in the filial parcels, those circumstances resulting from § 2308 of Title 30 in harmony with those of the Regulations set forth for their execution and with § 1292a of this title, except for those referenced in subsection (a) of § 1292 of this title shall be stated as circumstances of the entry in records.
Regarding the part of the general or limited common elements that, where appropriate, corresponds to the owners of the units, an opportune and brief reference to the entry in the master parcel in which they appear inscribed shall be made.
If the works on the land of the respective unit have not yet begun, the unit cannot be inscribed as either a filial or independent parcel. When the works in the apartment have begun, but have not yet concluded, those in which works are already finished, and those yet pending construction, shall be indicated.
History —June 25, 1958, No. 104, p. 243, § 27; Apr. 5, 2003, No. 103, § 19, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292f/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292f - Declaration by public deed upon completion of structures; recording
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292f - Declaration by public deed upon completion of structures; recording
|
The structures planned or begun which have been recorded pursuant to § 1292d of this title, or the structures already commenced pursuant to the provisions of the preceding section, shall be declared by public deed upon their completion. Such declaration shall be made by the persons concerned and shall be recorded under the particular entry of the respective property. The final description of each completed apartment may be recorded, even though only the structures planned or under construction appear recorded, and a marginal reference note shall be made under the matrix record.
History —June 25, 1958, No. 104, p. 243, § 28; June 4, 1976, No. 157, p. 461, § 3.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292g/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292g - Conveyances or encumbrances
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292g - Conveyances or encumbrances
|
The conveyance or encumbrance referred to in § 1291c of this title shall be entered under the particular principal or matrix record; but in cases coming under § 1291d of this title, the entry shall be made under the particular filial record of the apartment, as a new estate, in accordance with the provisions of the last sentence of § 1292e of this title.
History —June 25, 1958, No. 104, p. 243, § 29, eff. 90 days after June 25, 1958.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292h/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292h - Succeeding transactions; entry of proportional share in common elements as unnecessary
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292h - Succeeding transactions; entry of proportional share in common elements as unnecessary
|
Succeeding transactions shall be entered under the filial records of the respective apartments.
The proportional share or percentage in the common elements appertaining to the owner of each apartment shall be deemed conveyed or encumbered jointly with the apartment, without need of entering under the principal or matrix record such conveyance or encumbrance of the proportional share in those elements.
History —June 25, 1958, No. 104, p. 243, § 30, eff. 90 days after June 25, 1958.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292i/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292i - New floors, acquisitions of adjacent land, cancellation of liens, and cautionary notices
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292i - New floors, acquisitions of adjacent land, cancellation of liens, and cautionary notices
|
Notwithstanding the provisions in § 1292h of this title, new floors added or new portions of adjacent land acquired jointly by all the co-owners to form part of the common elements of the property shall be registered under the matrix record. Likewise, the total or partial cancellation of liens prior to the constitution of the property into horizontal property and the cautionary notices or entries making express reference to the property, or to common elements thereof as a whole, shall be entered into the matrix record, always leaving marginal notes of these operations in the filial entries.
History —June 25, 1958, No. 104, p. 243, § 31; June 4, 1976, No. 157, p. 461, § 3; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292j/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292j - Description of deed in case of segregation of portions of common land conveyed jointly; re...
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292j - Description of deed in case of segregation of portions of common land conveyed jointly; recording
|
In case of segregation of portions of common land, conveyed jointly by all the co-owners, the public deed shall contain the description of the property just as the same will stand after the segregation of said portions of land. This new description shall be entered under the matrix record.
History —June 25, 1958, No. 104, p. 243, § 32; June 4, 1976, No. 157, p. 461, § 3; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292j-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292j-1 - Division of apartments; consent by unit owners
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292j-1 - Division of apartments; consent by unit owners
|
Unless the original mortgage title, the bylaws of the property or the Regulations and Permits Administration specifically so prohibit, the apartments and their annexes may be the object of material division, by segregation, to form another unit or units susceptible of independent use; or they may be increased by the grouping of other adjacent portions of the same property; but no segregation or grouping so made shall have the effect of changing the purpose or use provided in the matrix deed for the apartment or apartments so modified.
In such cases, along with the consent of the affected unit owners, majority approval from the Condominium Association shall also be required, and the imposition of percentages or participation quotas shall be the duty of the Director or the Board of Directors, subject to the provisions set forth in § 1291f of this title, and without alteration of the percentages corresponding to the rest of the unit owners. The new description of the apartments affected, as well as the corresponding percentages, shall be set forth in the public deed of segregation or grouping that may be executed, which shall not take effect until it is recorded in the individual registry of each one of the filial properties affected, leaving a certified copy filed in the Registry of Property together with the matrix deed. To said certified copy shall be attached a plan, certified to by an engineer or an architect authorized to practice his profession in Puerto Rico, graphically and clearly showing the particulars of the apartment or apartments as modified. In the case of a segregation, said plan shall also be approved and certified to by the Regulations and Permits Administration.
History —June 25, 1958, No. 104, p. 243, added as § 32-A on June 4, 1976, No. 157, p. 461, § 4; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 20.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292k/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292k - Recordation of real-property rights in apartments not recorded as to ownership or possessi...
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292k - Recordation of real-property rights in apartments not recorded as to ownership or possession; form of demand
|
Whoever has any property rights over any uninscribed unit may request its inscription by means of observing the provisions set forth in the second paragraph of Sections 442 through 448, both inclusive, of the Regulations for the Execution of the Property Act.
When the parcel is inscribed in the name of another person, the person with property rights over an apartment may request the inscription of said rights, in compliance with the pertinent parts of the provisions set forth in § 2771 of Title 30. The requirement or requirements upon the owner or owners of the unit that do not yet appear in the Registry, for purposes of having them inscribe their rights, shall be notarial and for a term of ten (10) working days.
History —June 25, 1958, No. 104, p. 243, § 33; Apr. 5, 2003, No. 103, § 21, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292l/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292l - Waiver of horizontal property regime—Conditions for merger of filial estate in record
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292l - Waiver of horizontal property regime—Conditions for merger of filial estate in record
|
All the co-owners or the sole owner of a property constituted into horizontal property, may waive this regime and request of the Registrar the regrouping or merger of the filial properties in the matrix property, provided the former are unencumbered, or, in lieu thereof, that the persons in whose behalf said properties are recorded agree to substitute the security they have for the participation pertaining to such co-owners in the whole property, within the common property regime provided in §§ 1271 et seq. of this title.
History —June 25, 1958, No. 104, p. 243, § 34; June 4, 1976, No. 157, p. 461, § 5.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-ii/1292m/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m)›§ 1292m - Merger as no bar to subsequent constitution of property into horizontal property
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292m - Merger as no bar to subsequent constitution of property into horizontal property
|
The merger provided for in the preceding § 1292 l of this title shall in no wise bar the subsequent constitution of the property into horizontal property whenever so desired and upon observance of the provisions of this chapter.
History —June 25, 1958, No. 104, p. 243, § 35, eff. 90 days after June 25, 1958.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293 - Bylaws; insertion or attachment to deed; certified copies filed in Registry
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293 - Bylaws; insertion or attachment to deed; certified copies filed in Registry
|
The administration of every property constituted into horizontal property shall be governed by the provisions of this chapter and also by Bylaws which shall be inserted in or attached to the deed of constitution. A certified copy of said deed and of the bylaws and of any amendment thereto shall be filed in the Registry of Property.
History —June 25, 1958, No. 104, p. 243, § 36; June 4, 1976, No. 157, p. 461, § 5.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293-1 - Initial administration by Co-owner or Co-owners, powers and duties
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293-1 - Initial administration by Co-owner or Co-owners, powers and duties
|
The owner or owners that submit the building to the horizontal property regime shall assume the initial administration of same, with all the powers and duties conferred by this chapter, and those conferred and imposed by the Regulations upon the Director or the Board of Directors, the President, and the Secretary.
(a) The temporary administration shall begin as soon as the first apartment is sold. From that moment onwards, the master title and the blueprints of the condominium cannot be amended without the consent of all the unit owners, except when adjusting the master title to the inscribed blueprints.
(1) After the first sale, the developer shall have the following temporary administration options:
(A) To assume all the expenses for the maintenance of the common areas and facilities until fifty-one percent (51%), or seventy-five percent (75%), of the units are sold at the discretion of the developer of the units. Thereafter, the acquirers of the units shall contribute proportionally for the payment of the projected maintenance expenses for such areas and facilities, according to the participation percentage set forth in § 1292 of this title, and thus, the developer shall contribute the amount corresponding to the remaining percentage, regardless of the number of apartments that are yet to be built or sold, or
(B) collect the proportional part of the maintenance fees for such common areas and facilities from the owners of the apartments that have been sold, according to the percentage set forth in § 1292 of this title, upon an annual budget to be prepared by the developer, pursuant to that which is set forth below in clause (6) of subsection (b) of this section. The developer shall pay the amount corresponding to the remaining percentage, regardless of the number of apartments yet to be built or sold.
Any disposition stating something other than what is set forth in paragraphs (A) and (B) of this clause above in the master title or the Regulations shall be null and void.
(2) When the developer defrays all the expenses, according to the option set forth in clause (1)(A) of this subsection, he shall not have to render audited reports of his activities, and may continue in temporary administration until fifty-one percent (51%), or seventy-five percent (75%), of the units are sold at the discretion of the developer of the units. At such a time, the unit owners shall be legally bound to assume the administration of the condominium as soon as the temporary administrator convenes the assembly for the election of the first Board of Directors, as set forth in subsection (c) of this section, once there has been compliance with all the provisions set forth in subsection (f) of this section. Assumption of the administration by the unit owners shall not imply refusal of any claims that may proceed against the developer due to the temporary administration.
(b) The temporary administrator shall have the following duties:
(1) To address all matters concerning good government, administration, surveillance, preservation, care, repair, and operations of common effects and elements, and the general and necessary services for compliance with the foregoing in this subsection.
(2) To maintain a book of unit owners with the name, signature, telephone number, mailing address, and physical address of the unit owners, keeping a record of successive transfers and leases in identical manner, and maintaining a copy of the titles that prove the ownership of each unit.
When the developer collects from the unit owners pursuant to subsection (a)(1)(B) of this section, the temporary administrator shall have the following responsibilities, as well as those stated in the foregoing paragraph:
(3) To manage the financial matters of the condominium and maintain a detailed book of all receipts and disbursements affecting the building and its administration, recording the same by date, and specifying expenses for preservation and repairs of common elements. Each disbursement shall be evidenced by a voucher, invoice, or receipt. The book of vouchers, invoices, and receipts shall be made available for the examination of the owners on working days and hours. The Temporary Administrator shall notify the owners of the location at which the same shall be available.
(4) To collect from the unit owners the amounts that each shall contribute toward the common expenses, and perform any other collections to which the community is entitled, particularly overseeing that the owner of the unsold units continues to make the deposits of the proportional amounts corresponding to such units, in the account of the community property, included in the reserve fund. The temporary administrator shall collect from the unit owners for advance maintenance fees, at the closing, one (1) monthly budgetary payment referenced in clause (6) of this subsection, and two (2) monthly payments as a special payment to the reserve fund. The temporary administrator cannot collect any other amount in advance.
(5) To notify all unit owners, after the first sale, the annual budget based upon actual and reasonable maintenance expenses projected for the following year after the first sale.
(6) To prepare the budget, overseeing that it reasonably responds to the economic needs of the condominium, without including the property preservation and maintenance expenses prior to the sale of the apartments, nor any expense related to the termination of the construction works of the building or the apartments, or to the sales process of same. The projected budget can only be modified with prior notification to all unit owners thirty (30) days in advance of the closing of the year’s budgetary operations, to take effect in the next operations year.
(7) To notify the unit owners monthly of the receipts and disbursements of the condominium and the bank balance of the account for the month preceding the notification.
(8) To maintain a book of unit owners with the name, signature, telephone number, mailing address, and physical address of the unit owners, keeping a record of successive transfers and leases in identical manner, and maintaining a copy of the titles that prove the ownership of each unit.
(9) To make available to the unit owners for their examination, all agreements made pertaining to his/her duties as Temporary Administrator.
(c) The transfer of the administration shall take place:
(1) In those cases in which the developer collects maintenance fees from the unit owners starting from the first sale, as soon as the owners choose the persons to be in charge of the administration in an extraordinary meeting that may be convened at any time by any of the individual unit owners, or
(2) as soon as the unit owners choose the persons to be in charge of the administration in an extraordinary meeting to be convened by the unit owner that submitted the building to the horizontal property regime, once more than half of the units has been individualized and transferred, or a sufficient number of units for their combined participation percentages to be more than fifty-one percent (51%).
(d) In the meeting in which all unit owners are to elect the persons to fill the directing positions, the owner or owners who up to that time had been in charge of the administration shall hand over all the information and documents set forth below to the Unit Owner’s Association.
(e) The Transition Committee.— Prior to the election of the first Board of Directors and the transfer of the administration to same, any unit owner may convene an assembly for purposes of electing a Transition Committee whose duty shall be to obtain all the pertinent information and documentation regarding the operations of the temporary administration. The assembly for the election of said Committee shall be held on the date and at the location indicated by the summons, which shall be signed by the owner or owners who are issuing the convocation, and for which quorum shall be constituted by the owners who attend, who shall designate the members of the Committee by majority.
If the developer collects maintenance fees, if the time arrives in which fifty percent (50%) of the units would have been sold without the owners having constituted the Transition Committee, the Temporary Administrator shall convene the owners no later than forty-five (45) days prior to the meeting in which the first Board of Directors shall be elected, pursuant to subsection (c) of this section.
The Transition Committee may require a detailed report of the status of the condominium, and may review all the related public documents, such as titles, use permits, agency authorizations, etc., from the temporary administrator, and from the developer when same is acting as temporary administrator. It may also review and inspect the documents pertaining to the finances of the regime, including the fidelity bond set forth below. The Committee shall have the right to make a copy any of these documents.
(f) Before the assembly set forth in subsection (c) of this section is held, the Temporary Administrator shall provide the following to the Transition Committee:
(1) The community’s accounting books, duly audited and certified by an independent certified public accountant, if the owners were charged fees for the maintenance of common areas and facilities during the temporary administration. In such a case, the auditor shall also issue an opinion regarding the reasonability of the expenses incurred for the maintenance of the common property during said temporary administration. If there were a difference between the receipts and the expenses on the date of the administration transfer, the temporary administrator shall not have the right to claim said difference from the owners, nor to compensate it with the debt that is certified.
(2) Copies certified by the authorizing notary and the authorities with jurisdiction of all the documents and public instruments that constitute the building, setting forth that the certified copy shall be issued in behalf of the Condominium Association free of charge, pursuant to §§ 4001 et seq. of Title 4.
(3) Updated Book of Unit Owners.
(4) A certification issued by the Secretary of the Department of Consumer Affairs stating that the bond required in clause (12) of this subsection has been paid.
(5) All funds belonging to the unit owners in its keeping, including any amount designated as a reserve, or which may have been otherwise withheld by the mortgager at the time of the closing of each unit.
(6) Bank accounts, deposits, securities, etc., belonging to the unit owners with their corresponding deposit and withdrawal slips, statements, bank reconciliations, and all other related documents.
(7) Certifications of the status of any legal, extra judicial, or administrative action related to the common areas, or any other aspect that affects the operations of the condominium.
(8) A certified sworn statement which states that the developer or the temporary administrator has provided the following documents to each unit owner:
(A) Copy of the Budget of the Condominium.
(B) Copy of the Master Title and a copy of the Regulations of the condominium.
(C) Copy of the use permit of the apartment.
(D) Copy of this Act and the Regulations for Condominiums of the Department of Consumer Affairs.
(9) A list of all the maintenance fees payments paid by the unit owners during the term of the temporary administration, including those paid by the developer for the yet unsold or unbuilt units.
(10) The originals of all agreements granted by the developer or the temporary administrator during their administration term.
(11) A copy of the complete set of the certified blueprints filed in the Registry of the Property showing the changes made, if any, to the original blueprints submitted pursuant to § 1292 of this title.
(12) Certified copy of the fidelity bonds that shall take effect at the time of the transfer of the administration to the Condominium Association. The bonds shall be issued by an entity authorized by the Insurance Commissioner, covering:
(A) All the maintenance fees in default which the same was legally bound to pay, as determined by the authorized public accountant who certifies the financial statements at the time of the transfer of the temporary administration to the unit owners, as set forth in this section.
(B) The negligent performance of his/her temporary administration duties. In any case, this fidelity bond shall be for an amount of not less than twenty-five thousand dollars ($25,000).
Said fidelity bonds shall be issued in behalf of the Condominium Association, and shall remain in effect for two (2) years, starting from the transfer of the administration to the unit owners.
The cost of the bonds set forth herein, which remains in effect for two years, as well as that of the related expenses for the rendering of the foregoing information and documentation shall be at the expense of the developer.
The Transition Committee shall inform the steps taken and its findings to the Condominium Association at the meeting held for the election of the Board of Directors, as set forth in subsection (c) of this section.
No agreement granted during the term in which the administration of the building was under the responsibility of the unit owner that submitted the same to the horizontal property regime shall bind the Condominium Association, unless the unit owners, by majority vote, ratify said agreement.
The developer or temporary administrator who does not comply with the duties set forth in this section shall be compelled to reimburse to the Condominium Association all the expenses incurred by the condominium to claim compliance with the referenced duties, including legal fees paid to attorneys and experts, as well as all the items owed and the damages caused by said noncompliance, all without prejudice of imposition of administrative penalties, pursuant to the provisions set forth in § 1294c of this title.
This section shall be of limited interpretation for the protection of the rights of the unit owners.
History —June 25, 1958, No. 104, p. 243, added as § 36-A on June 4, 1976, No. 157, p. 461, § 6; Apr. 5, 2003, No. 103, § 22, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293a/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293a - Necessary contents of regulations; modifications of system; recording
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293a - Necessary contents of regulations; modifications of system; recording
|
The regulations may contain all those norms and rules regarding the use of the building and its apartments, the exercise of rights, installations and services, expenses, administration and government, insurance, preservation and repairs that do not contravene the provisions set forth in this chapter, and shall provide for the following issues:
(a) Manner of administration, indicating if same shall be under the responsibility of a Director or a Board of Directors, stating his/her duties, removal, and, where appropriate, remuneration. It shall also specify which duties and responsebilities, if any, may be delegated to an administrator by the Director of the Board of Directors.
(b) Uniform unit owners’ assembly convocation or summons system, stating the method of notification that allows for making same evident.
(c) Definition of the concept of majority that shall govern in the condominium.
(d) Person who shall preside and be in charge of the minutes in which agreements shall be recorded.
(e) Care, tending, and surveillance of the building’s common, general or limited elements and services.
(f) Method of collecting the unit owner funds for the payment of common expenses.
(g) Designation and termination of the necessary personnel for the performance of common, general, or limited works and services for the building.
At any time, the single owner of the building, or, if there are more than one, two thirds of the owners and participation percentages in the common elements of the building, regardless of the definition of majority that governs the condominium, may modify the Regulations, if each matter contained in this section is regulated. The modification shall be documented in a public title and also inscribed in the particular registry of the master parcel, with a certified copy of same remaining in the files of the Registry of the Property, as set forth in § 1293 of this title.
The modification shall bind all unit owners from the moment in which the affirmative vote of two thirds of the unit owners is obtained, or the term of thirty (30) days set forth in subsection (e) of § 1293b-3 of this title herein elapses, with no opposition from more than one third of the unit owners. Regarding a third party, the modification shall not take effect until the date of submittal for filing in the Registry of the Property of the public title in which the amendment is stated, and a certified copy of same is attached to the title of constitution of the regime, and a record of the modification of the Regulations is made in the particular registry of the master parcel.
History —June 25, 1958, No. 104, p. 243, § 37; June 4, 1976, No. 157, p. 461, § 7; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 23, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293a-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293a-1 - Regulations for mixed use
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293a-1 - Regulations for mixed use
|
When a building that contains, or shall contain, units that are intended for residential use along with units that are not intended for residential use is submitted to the horizontal property regime, the regulations shall provide whatsoever is required to avoid restricting the unit owners’ rightful use and enjoyment of the common elements, as well as to forestall the imposition of an undue financial burden for the expenses of the common elements. With this objective in mind, the following matters shall be addressed:
(1) The inclusion of at least one (1) director in the Board of Directors who is the owner of a housing unit that is not intended for residential use.
(2) The minimum provisions to ensure that the users of the nonresidential area shall have access to the same during working hours, according to the intended use of the unit or area.
(3) All those measures and restrictions required to guarantee peace and quiet for the occupants of residential units, especially after working hours.
(4) Provisions pertaining to the insurance, use, and maintenance of the commercial areas and facilities, to protect the investment of the unit owners, without restricting the right or encumber the obligations of the residential units.
(5) It shall be understood that the rate for the electric power service consumed by those customers who represent owner or tenant boards, councils or associations in structures constituted under Act No. 103 of April 5, 2003, known as the “Condominiums Act”, shall be the residential rate and not the commercial rate. Said conversion shall be applied exclusively to those bills on electric power service consumption of the common elements of the real property used solely to promote the residential use of the structure.
Those structures built under the “Condominiums Act” that have both residential and commercial uses therein shall be able to avail themselves of the rate adjustment provided in this subsection, provided that the electric power service consumption of the common elements exclusively used for residential purposes have a service connection and a meter that are independent from those used for commercial purposes.
History —June 25, 1958, No. 104, p. 243, added as § 37-A on Apr. 5, 2003, No. 103, § 24; Aug. 7, 2008, No. 199, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293b/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293b - Condominium Association—Powers and duties
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293b - Condominium Association—Powers and duties
|
The Condominium Association constitutes the supreme authority over the administration of the building submitted to the horizontal property regime, and shall be constituted by all the unit owners. Its resolutions and agreements adopted in duly convened and constituted assemblies, shall be of obligatory compliance for each and all of the unit owners, occupants, residents, and others who are related to the condominium.
The Condominium Association shall have its own legal personality and shall answer for its responsibilities to third parties subsidiarily, and only with their own apartment unit.
The Condominium Association shall not assume the entity of a corporation or partnership.
It is the duty of the Condominium Association to:
(a) Elect, by affirmative majority vote, the persons that shall fill the following positions:
(1) Director or Board of Directors.— In condominiums with more than fifteen (15) unit owners, a Board of Directors shall be elected, consisting of, at least, one President, one Secretary, and one Treasurer.
The regulations may set forth provisions for additional positions. The three foregoing directors shall be elected separately for each position.
With the exception of the positions of Director, President, Treasurer, or Secretary, which shall of necessity belong to the Condominium Association, the representative of a unit owner who is able to present stated evidence issued by same, subscribed before a notary, may be elected to fill the remaining positions. The directors shall be personally accountable for their actions while acting as such, should they incur a crime, fraud or gross negligence. In any other case in which monetary responsibility is imposed on an owner for his/her actions as director, the Condominium Owners Association shall cover said expenses. The Association may acquire insurance policies to cover said risks.
(2) The administrator, who may be a person that is not a member of the community of unit owners, the Director, or the Board of Directors, may delegate the powers and responsibilities allowed by the regulations. The Secretary of the Department of Consumer Affairs may adopt regulations for the training or certification of the administrators, and the payment of the corresponding fees.
Unless otherwise set forth in the regulations, the term of these positions shall be one year, tacitly extendible for equal terms.
(b) Know the claims raised by the unit owners against subsection (a) and remove them by majority agreement obtained in an extraordinary meeting held for such purposes.
(c) Approve the foreseeable receipts and disbursements plan for the next fiscal year, and the account statements of the year that is ending.
(d) Approve the execution of extraordinary works and improvements, and collect funds for their completion. The annual budget shall include a reserve fund item of not less than five percent (5%) of the operational budget of the condominium for that year.
This fund shall be increased up to an amount equal to two percent (2%) of the value of reconstruction, at which time the Condominium Association shall decide whether it shall continue making deposits to same. The funds shall be kept in a special account, separate from the operations account, and shall only be used, in whole or in part, for extraordinary and urgent works and improvement works, as set forth below. As soon as the balance of the fund is below the aforementioned limit, the necessary deposits shall be made for the restitution of said limit.
(1) Extraordinary works.— The President and the Treasurer may jointly make withdrawals from the reserve fund to defray costs for this type of works, with prior authorization from the majority of the Condominium Association, duly convened in extraordinary assembly to address this specific matter. The banking institution in which the reserve fund is deposited shall require a certification from the Secretary of the Condominium Association, sworn in the presence of a notary, stating the convocation and the agreement authorizing the withdrawal, and the amount authorized, and that the authorization of the Condominium Association has not been challenged before any legal or administrative forum.
All maintenance works unforeseen in the annual budget requiring ten percent (10%) or more of said budget, or the imposition of an apportionment for their execution shall be understood to be extraordinary works.
(2) Urgent works.— The President and the Treasurer may jointly perform withdrawals from the reserve fund for all urgent works unforeseen in the annual budget, whose execution requires ten percent (10%) or more of said budget, or the imposition of an apportionment, with prior majority agreement of the majority of the Condominium Association, duly convened in extraordinary assembly to address this specific matter. The assembly to authorize the disbursement may be convened within seventy-two (72) hours without convening for a second time. It shall suffice that a certification from the Secretary of the Condominium Association, sworn in the presence of a notary, stating the convocation and the agreement authorizing the withdrawal and the amount that was approved is presented to the banking institution in which the reserve funds are deposited for the withdrawal of funds for urgent works.
All works whose execution cannot be postponed due to pressing security reasons, or because they are needed for the restoration of essential utility services, such as water and electricity supply, or the operation of the elevators, shall be understood to be urgent works.
(3) Improvement works.— In condominiums in which at least one of the units is intended for residential use, improvement works may only be performed with the approval of the qualified approval of two thirds ( 2 / 3 ) of the unit owners that in turn have two thirds ( 2 / 3 ) of the participations in the common areas, if sufficient funds to carry them out exist without the need to impose an apportionment. The withdrawal of the funds for these works shall follow the same procedures set forth in the foregoing clause (1) of this subsection.
All permanent works that are not for maintenance, for purposes of increasing the value or productivity of the property concerned, or to provide better services for the enjoyment of all the apartments or common areas shall be understood to be improvement works.
The unit owners who own limited common elements may perform, at their own expense, and with prior consent from all the benefited unit owners, those works or investments they deem necessary for such common elements, if said works do not affect the security and solidity of the structure, and do not curtail the enjoyment of any of the other units.
In condominiums that are exclusively commercial or professional, those two thirds (2 / 3) of the unit owners who in turn have two thirds (2 / 3) of the participation in the common elements of the building may approve those improvement works they deem necessary, without having the monies available in the reserve fund set forth in this section. For an equal number of votes, the fixed use of an area or a commercial or professional unit may be changed, if so authorized in the master title.
(e) Notwithstanding the provisions of the preceding subsections, changes or improvement works that curtail the enjoyment of any unit shall not be authorized without the consent of the unit owner. The qualified majority of two- thirds (2/3) set forth herein shall not approve works that, in the opinion of an expert, jeopardize the security, solidity, or architectural design of the building. The alteration of the façade or the architectural design of the property shall require unanimous consent of the owners, except as otherwise provided in subsection (e) of § 1291m of this title.
(f) To impose by means of the affirmative vote of the majority of the unit owners, a special fee:
(1) upon owners of units whose occupants or visitors, without curtailing or restricting the legal rights of other unit owners, regularly make such intensive use of any common element that the operational, maintenance, or repair expenses for said common element surpasses the reasonable expenses to be incurred in the normal and customary use of the referenced facility;
(2) upon owners of units that, due to the nature of the activity legally carried out in their units, in agreement with the intended purposes of same established in the constitution title, cause greater common expenses than would be incurred if the unit concerned did not carry out the referenced activity. The amount imposed to cover the referenced excess costs shall be added to, and collectible as a part of, the expenses that may be attributed to said units.
(g) Approve the suppression of architectural barriers that obstruct access or mobility for persons with physical disabilities.
(h) Approve or amend the regulation referenced in § 1293 of this title.
(i) Order the suspension of services received through, or by means of, the general common elements, including water, gas, electricity, telephone, and/or any other similar utility services, to unit owners in default, who owe two (2) or more consecutive monthly fee payments, for not paying their maintenance fees or their proportional part of the common insurance, gratuitously enjoy the elements whose maintenance they do not contribute toward as they should. However, in view of noncompliance with the first installment, the Board of Directors or the Director shall send a notification to inform the intent to suspend the services on the due date of the second consecutive unpaid installment, pursuant to the procedure established by the Condominium Association and set forth in the regulations. In the case of an apportionment whose installments have not yet been incorporated in the monthly maintenance fees, suspension of the services may be carried out after two (2) months elapse from the due date established for the payment of the final installment, and as in the case of nonpayment of the maintenance fees, such services shall not be reinstated until the total amount due is paid. Prior to the interruption of the aforementioned services, the Director or the Board of Directors shall ensure that in so doing the health or the life of the affected party are not affected.
(j) Authorize the Board of Directors, by means of the delegation set forth in the Regulations, to impose penalties up to one hundred dollars ($100) per violation upon the unit owner or resident that breaches the norms of peaceful coexistence established in the master title, by law, or in the Regulations.
(k) Intervene and make decisions regarding those matters of general interest for the community, as well as take the necessary and convenient steps for the best common service.
History —June 25, 1958, No. 104, p. 243, § 38; June 4, 1976, No. 157, p. 461, § 7; Dec. 13, 1994, No. 129, § 1; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, §§ 1, 3; Apr. 5, 2003, No. 103, § 25 eff. 90 days after Apr. 5, 2003; Sept. 17, 2012, No. 261, § 2.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293b-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293b-1 - Condominium Association—Meetings, notice, proceedings
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293b-1 - Condominium Association—Meetings, notice, proceedings
|
The Condominium Association shall meet at least once a year to approve budgets and accounts, and on those other occasions in which the President convenes, a majority of the members of the Board of Directors, or one fifth (1 / 5) of the unit owners, or a number of same whose apartments represent at least twenty percent (20%) of the participation percentages in the common elements.
The person or persons that issue the convocation shall indicate the matters to be dealt with, as well as the date, time, and location of the meeting, and shall sign the convocation. The summons shall be issued in writing and delivered to the apartment of every unit owner, or by means of a certified letter remitted to the address supplied for such purposes by the unit owners that do not reside in their unit.
The summons shall be issued ten days in advance of the date of the ordinary annual meeting, which shall be set forth in the Regulations, as well as for the extraordinary meetings, whenever possible, for same to reach all the interested parties.
The Association may meet validly without the issuing of convocation, if all the unit owners concur and so decide.
The holding of a meeting of the Condominium Association for a determined purpose shall not be necessary if all unit owners with the right to vote in such a meeting waive the referenced meeting and issue their consent for the proposed action to be taken in writing.
Regardless of the provisions set forth in subsection (e) of § 1293f of this title, the Condominium Association, by majority vote, may authorize the reimbursement to the unit owner or owners of expenses incurred, including a reasonable amount for legal fees, if any, to achieve the holding of an assembly whose convocation was opposed by the President or the Board of Directors.
History —June 25, 1958, No. 104, p. 243, added as § 38-A on June 4, 1976, No. 157, p. 461, § 8; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 26, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293b-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293b-2 - Condominium Association—Vote; representation
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293b-2 - Condominium Association—Vote; representation
|
Attendance to the Condominium Association meetings shall be in person or by legal or voluntary representation, a written document signed by the unit owner sufficing to prove the latter. The document shall be dated and shall indicate the date of the assembly for which the representation is being authorized, unless the same is a general power of attorney granted before a notary. By regulations or agreement of the Condominium Association, a manner of authenticating the signature of the unit owner shall be established prior to initiating the assembly.
Representation in condominium assemblies in which there is at least one unit intended for residential use may be exercised solely by persons of legal age who in turn are unit owners, family members of same up to the second degree of consanguinity, the spouse, lessees of the unit, or agents of the unit owner by virtue of a power of attorney issued before an attorney or the legal representative of the unit owner. No person authorized to represent a unit owner may exercise the right to vote in representation of more than one unit owner.
Each unit owner shall have the right to one vote, regardless of the number of units he/she owns, for purposes of the calculation of the numerical majority of titleholders, and/or the right to vote according to the percentage that corresponds to his/her unit, depending on the definition of the concept of majority that governs the building.
When one or more units belong to a legal entity, said legal entity shall designate the person that shall attend the meetings and exercise its corresponding right to vote in representation of same by means of corporate resolution.
If several owners own a unit jointly, said owners shall name a single person to represent their community.
It is understood that the bare owner is represented by the usufructuary if the unit is in usufruct, and unless otherwise stated, the attendance and vote correspond to the bare owner. However, such delegation shall be expressly stated in writing when it concerns agreements that require unanimity among the unit owners, or extraordinary or improvement works. No person may exercise the right to vote in representation of more than one unit owner.
History —June 25, 1958, No. 104, p. 243, added as § 38-B on June 4, 1976, No. 157, p. 461, § 8; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 27, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293b-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293b-3 - Condominium Association—Decisions, rules; quorum; notice to absentees
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293b-3 - Condominium Association—Decisions, rules; quorum; notice to absentees
|
The agreements of the Condominium Association shall be subject to the following norms:
(a) Except for the provisions set forth for meetings convened pursuant to subsection (d)(2) of § 1293b of this title, regarding urgent works, quorum for Condominium Association assembly meetings shall be comprised by one third (1 / 3) of the unit owners that attend personally or by representation, or one third (1 / 3) of the unit owners that attend, who in turn comprise one third (1 / 3) of the participations in the common elements, depending upon the definition of majority set forth by the regulations.
(b) When quorum is not met due to lack of attendance of unit owners on the date of the convocation in a meeting to make an agreement, a new convocation shall be issued containing the same requirements as the first. However, the assembly cannot be held before twenty-four (24) hours have elapsed from the date of the meeting of the first convocation. At such a meeting, those who attend shall constitute quorum.
(c) In meetings held on second convocation, the majority required by Regulations for the approval of agreements shall be calculated considering the number of unit owners present or represented at the time of approval of the agreement as one hundred percent (100%).
(d) When all unit owners present in a meeting held for the approval of an agreement requiring unanimity approve said agreement, those duly summoned unit owners who did not attend shall be notified by reliable and detailed means of the approved agreement, and if, within thirty (30) days from the date of said notification, said unit owners do not state their discrepancies in the same manner, they shall be legally bound by the agreement, which shall not be executable until such a term elapses, unless they state their acceptance within a shorter term.
Opposition to an agreement requiring unanimity shall be specifically sustained in the assembly or in writing, as set forth in the foregoing paragraph, and shall not be brought forth upon a whim or the mere invocation of the property rights. Unfounded oppositions shall not be considered.
Once an agreement to incur a certain expense or perform a certain work or project requiring the unanimous vote of the unit owners is reached, the details or ancillary measures for the execution and finalization of said work or project shall not be subject to the approval of all the unit owners, sufficing for same, in the case of requiring a consultation of the Association, the obtainment of approval by majority vote.
(e) When in a meeting convened to amend the regulations, or to adopt any other measure requiring the vote of two thirds (2 / 3) of the unit owners, the obtainment of approval from said two thirds (2 / 3) is not possible, those unit owners who did not attend shall be notified by reliable and detailed means of the agreement approved by the majority in attendance, and shall be granted thirty (30) days from the date of said notification to state their agreement or disagreement with the approved agreement in the same manner. Discrepancies with the measures or amendments proposed in the assembly shall not be based upon a whim or the mere exercise of the property rights. Unfounded oppositions shall not be considered. It is hereby set forth that the votes of unit owners who do not state their discrepancies in the manner set forth and within the term granted herein shall be considered to be in favor of the agreement. Said agreement shall be executable as soon as the approval of two thirds (2 / 3) of the unit owners is obtained.
(f) The agreements of the Condominium Association shall be recorded in the minutes. The minutes shall necessarily include the location, date and time of the meeting, the matters proposed, the number of attending unit owners, stating their names and the participation percentages represented by same, the manner in which the meeting was convened, the text of the adopted resolutions, the votes in favor and against, and the explanations of the votes or statements which any unit owner may wish to state for the record.
(g) The President and the Secretary shall sign the minutes at the end of their text.
History —June 25, 1958, No. 104, p. 243, added as § 38-C on June 4, 1976, No. 157, p. 461, § 8; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 28, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293b-4/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293b-4 - Condominium Association—Director or board of directors; powers and duties
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293b-4 - Condominium Association—Director or board of directors; powers and duties
|
The Director or Board of Directors constitutes the executive organ of the community of co-owners and shall have the following duties and powers:
(a) To take care of everything relating to the good government, administration surveillance and operation of the regime and especially in regard to the things and elements of common use and the general services, and to make, for such purposes, the proper warnings and admonitions to the co-owners.
(b) To prepare with due anticipation and to submit to the Council the annual budget of foreseeable expenditures and receipts and to fix the proportionate contribution corresponding to each co-owner.
(c) To direct the financing matters concerning the collection and payments and to keep a book with a detailed account in chronological order, of the receipts and expenditures affecting the property and its administration and specifying the maintenance and repair expenses of the common elements, and to have available for examination by all the co-owners, at convenient hours and days that shall be set for general knowledge, said book as well as the vouchers accrediting the entries made.
(d) To collect from the co-owners the amounts they must contribute for the common expenses and to make all other necessary collections and payments, issuing the corresponding receipts and checks.
(e) To open a bank account in the name of the community of co-owners, into which it shall cover all the receipts of the regime, making the deposits within such term after they are received as may be fixed by the bylaws; to draw checks against said account to meet all necessary payments, but taking care not to draw them to bearer and that each one has its corresponding voucher and receipt.
(f) To submit to the approval of the Association a balance sheet corresponding to the closing year. The balance sheet shall indicate the total amount received from quotas for common expenses and from other sources, an itemized breakdown of all the expenses incurred, the compensations received by the managing agent, if any, receivable accounts for common expenses and for other reasons, balance for the following year, and the amount available as reserve fund. The Director or Board of Directors shall be responsible for having a copy of the balance sheet sent to each co-owner at least fifteen (15) days before the date of the regular annual meeting.
(g) To take care of the maintenance of the property and order the ordinary repairs, and as to the special ones, to adopt the necessary measures, forthwith notifying the Association.
(h) Keep the books of the unit owners, in which the names, signatures, and other information regarding the unit owners shall be recorded, as well as the successive transfers or leases that take place in said units. The book shall be used to authenticate the signatures of the unit owners when necessary.
(i) To comply and enforce compliance with the provisions of this chapter and of the Bylaws and with the resolutions of the Council of Co-owners.
(j) To increase or reduce the quotas for common expenses and to fill vacancies of members of the Board of Directors subject to revocation by the Council of Co-owners.
(k) Relieve the Administrator of his/her duties for just cause. Just cause shall mean culpable negligence in the discharge of duties, dishonesty, or the breach of the codes of good conduct set forth in the Regulations of the condominium, or noncompliance with the duties set forth in the contract. The Director or the Board of Directors shall convene the Condominium Association no later than thirty (30) days after the relief of duties to inform said action, for same to act as he/she deems convenient.
(l) Any other powers assigned by the regulations or by the Condominium Association.
History —June 25, 1958, No. 104, p. 243, added as § 38-D on June 4, 1976, No. 157, p. 461, § 8; Apr. 5, 2003, No. 103, § 29, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293b-4a/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293b-4A - Condominium Association—President
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293b-4A - Condominium Association—President
|
The President shall represent the community in and out of trials regarding matters that affect the same, and shall preside the Condominium Association meetings. The President shall also appear [on] behalf of the condominium for the granting of titles and other documents in which the Condominium Association is one of the parties.
When dealing with actions to enforce this or any other applicable law, the regulations of the condominium, or the agreements of the Condominium Association, or in behalf of the Condominium Association or the Board of Directors when the same shall appear in court as defendant or plaintiff. The President may appear in behalf of said organisms and file the actions and defenses he/she deems fit, selecting the legal representation he/she deems fit, with prior consultation of the Board. The President shall notify the actions taken to the unit owners as soon as possible, convening the Association to adopt the agreements that are deemed fit.
All judicial or extra judicial transactions exceeding five thousand dollars ($5,000) shall obtain the approval of the Condominium Association. In commercial or professional condominiums, the Regulations may set forth another amount.
It shall be presumed that the President of the condominium has the authorization of the Condominium Association to appear in behalf of the same in the pertinent forums.
History —June 25, 1958, No. 104, p. 243, added as § 38-E on Apr. 5, 2003, No. 103, § 30, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293b-5/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293b-5 - Condominium Association—Secretary, powers and duties
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293b-5 - Condominium Association—Secretary, powers and duties
|
The Secretary shall have the following duties and powers:
(a) He shall prepare the calls to the meetings of the Council and shall notify the summons as provided in § 1293b-1 of this title.
(b) He shall prepare the minutes of the meetings of the Council and enter them in the corresponding book.
(c) He shall certify jointly with the Chairman the minutes of each meeting.
(d) He shall issue, as they appear in the minute book, all the certificates which may be necessary with the approval of the Director or the Board of Directors.
(e) He shall communicate to the absent co-owners all the resolutions adopted, in the manner provided herein for the notice of the calls to meetings of the Council and within the term provided by the bylaws.
(f) He shall have custody of all the documents concerning the meetings of the Council and keep them at the disposal of the co-owners.
(g) All other functions and attributes which may logically fall within his jurisdiction, because of the nature of his office, and such others as may be assigned to him by the bylaws or the Council of Co-owners.
History —June 25, 1958, No. 104, p. 243, added as § 38-E on June 4, 1976, No. 157, p. 461, § 8; renumbered as § 38-F on Apr. 5, 2003, No. 103, § 30, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293b-6/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293b-6 - Condominium Association—Trustee
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293b-6 - Condominium Association—Trustee
|
In condominiums in which a Director or a Board of Directors cannot be elected for lack of persons able or willing to assume said positions, any unit owner may resort to the forum with jurisdiction to request the designation of a trustee to perform the duties of the Director or the Condominium Association. In the case of a condominium in which a unit intended for residential use does not exist, the court, or the Secretary of the Department of Consumer Affairs, upon designating a trustee, shall set forth the fees to be paid to the same, considering the type of condominium and the complexity of the directing tasks to be performed, and shall issue those orders necessary for the guarantee of the prompt election of a Director or Board of Directors. The trustee’s fees shall be incorporated into the common expenses budget, and shall be defrayed by the unit owners as part of their maintenance fees. The term of the designation of the trustee shall be six (6) months. The Secretary of the Department of Consumer Affairs, or the Court, may relieve the Trustee of his/her duties at the request of any unit owner, or for just cause.
Culpable negligence in the performance of duties, dishonesty, or the breaching the codes of good conduct, among others, set forth in the Regulations of the condominium shall be understood as just cause.
The trustee shall render quarterly reports of his/her efforts to the unit owners, with copies thereof sent to the court or the Secretary of the Department of Consumer Affairs, as the case may be. Unless the forum with jurisdiction so authorizes, the trustee shall not also be an administrator.
History —June 25, 1958, No. 104, p. 243, added as § 38-G on Apr. 5, 2003, No. 103, § 31, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293c/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293c - Contributions for payment of administration and maintenance expenses
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293c - Contributions for payment of administration and maintenance expenses
|
Unit owners are legally bound to contribute proportionally to defray expenses for the administration, preservation, and repair of general common elements of the building, and as the case may be, of the limited common elements, as well as any other legally agreed-upon elements.
Unless the court or forum with jurisdiction so authorizes, no unit owners may refuse to make the payment of their contribution to such expenses by waiving the use and enjoyment of the common elements, nor by abandonment of the unit they own, nor due to having filed an administrative or legal claim against the Unit Owners Association or the Board of Directors regarding matters pertaining to the administration or maintenance of the common areas.
The proportional amount of the common expenses to be paid by each unit owner shall be calculated, set forth and imposed at the beginning of each calendar or fiscal year, and shall be due and payable in monthly installments. The regulations may set forth the collection of a penalty of ten percent (10%) of the amount owed if fifteen (15) days elapse from the established due date of the monthly payment. In the case of debts of the Commonwealth, the term shall be of one hundred twenty (120) days. In excess of said term, the penalty shall be of twelve percent (12%) of the total amount due. The Commonwealth of Puerto Rico shall be exempted from the payment of such penalty in the case of public housing projects. In addition, the fees that the unit owners do not pay within the term set forth for their payment shall accrue interest at the maximum legal rate. Default of three or more consecutive installments shall entail an additional penalty equal to one percent (1%) per month of the total amount due.
Unit owners in default shall be required to pay by mail, return receipt requested, and if payment is not made within fifteen (15) days, it may be sought by legal means.
Unit owner’s debt for common expenses may be judicially claimed under the abbreviated procedure and up to the limit provided under Civil Procedure Rule 60, as amended.
When a debt is claimed by legal means, the court, at the plaintiff’s request, shall decree an attachment order on the goods of the defaulter or defaulters, with no further requirement than the presentation by the President and the Secretary of the Condominium Association of a certification sworn in the presence of a notary public or any other official authorized to take sworn statements, stating the agreement that approved the collectible expense and its amount, as well as the steps taken for its collection referenced in the fourth foregoing paragraph. Once the attachment order is decreed, it shall be the duty of the Board of Directors to submit a certified copy of the order to the Registry of the Property for its inclusion in the record of the pertinent parcel.
When the plaintiff so requests, in those cases in which the unit owner in default has leased the apartment, the court may order the lessee to legally consign the total amount of lease fees [on] behalf of the Condominium Association, as they become due, until the total amount of the unit owner’s debt is paid.
Those unit owners who owe three (3) or more consecutive maintenance fee installments, regardless of the number of apartments they own, shall temporarily be deprived from the exercise of their right to vote in Condominium Association meetings, including those matters that require unanimous consent. Their vote and their percentage of participation shall not count for purposes of quorum when this chapter requires such consent, until the unit owners’ debt is paid in full, or the Treasurer certifies that the unit owner is current in the payment plan approved by the Board of Directors prior to the assembly being discussed. In addition, the Board of Directors may order the suspension of drinking water, electricity, gas, and telephone utility services, as well as of intercom, video and data, and/or any other similar service when the same are supplied through the facilities that constitute general common elements of the real property. The suspension may also be ordered when the unit owner fails to pay his/her proportional part of the common insurance fees. No utility service shall be suspended on a Friday, Saturday, Sunday or holiday or the working day preceding a holiday without having been issued a written notice fifteen (15) days before such services are to be suspended, delivered by certified mail to the mailing address of the unit owner or in person to the apartment tenant.
The unit owner or occupant to whom any of the common services have been suspended, as set forth by this chapter, who without the authorization of the Board or the Administrator, by him/herself or through a third party, reconnects such services, or in any other manner illegally appropriates the common utilities of which the same has been deprived, shall incur a penalty equal to three (3) times the amounts owed, including the principal and interest, without prejudice to the civil, administrative, or criminal actions that may proceed.
History —June 25, 1958, No. 104, p. 243, § 39; June 4, 1976, No. 157, p. 461, § 9; Dec. 13, 1994, No. 129, § 2; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, §§ 1, 4; Apr. 5, 2003, No. 103, § 32; May 7, 2004, No. 110, § 1; Aug. 4, 2009, No. 50, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293d/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293d - Preference of credits against co-owners for shares in expenses; exceptions
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293d - Preference of credits against co-owners for shares in expenses; exceptions
|
The credit against any co-owner for his share in the expenses to which § 1293c of this title refers shall have preference over any other credits of whatever nature but the following:
(a) Credits in favor of the Commonwealth and the corresponding municipality for the taxes of the last five annual assessments and the unpaid current one, overdue and unpaid on the apartment.
(b) For two years premium on the insurance of the apartment, or of the whole property, as the case may be, and in the case of mutual insurance, for the last two dividends distributed.
(c) Mortgage credits recorded in the Registry of Property.
History —June 25, 1958, No. 104, p. 243, § 40; June 4, 1976, No. 157, p. 461, § 9.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293e/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293e - Obligation of owner for common expenses, lien
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293e - Obligation of owner for common expenses, lien
|
The obligation for the proportional share of the common expenses of the owner of a unit shall constitute a lien on said unit, once the same is entered in the Property Registry. Therefore, after the first sale, the voluntary acquirer of a unit shall be jointly responsible with the transferor for the payment of the owed amounts, pursuant to § 1293c of this title, until the time of the transfer, without prejudice to the right of the acquirer to recover from the other transferor those amounts paid as a joint debtor. However, an involuntary acquirer shall only be responsible for debts arising from common expenses that have not been satisfied during the six (6)-month period preceding the time of acquisition of the real property, as well as for any balance that may have accumulated from the acquisition of said property by the involuntary acquirer. For purposes of the above provisions, an involuntary acquirer shall be a mortgage lender that acquires a real property when collecting a debt subject to this chapter; such balance shall be paid on monthly installments or within the term provided by the Homeowners’ Council.
The referenced obligation shall be demandable to anyone who is a unit owner of the property comprised by the unit, even when the same has not yet been segregated and inscribed as a filial parcel in the Registry of the Property, or transferred [on] behalf of any person.
Any financial institution that provides temporary financing to a person for the construction of apartments and common elements to be submitted to the horizontal property regime and becomes the owner of the property in a procedure of execution or transfer in payment shall not be considered as the developer, temporary administrator, or constituent of the regime, pursuant to the provisions in this chapter, if the financial institution does not exceed the usual duties of a creditor in the protection of its guarantee, pursuant to commercial practices adhered to by financial institutions that provide financial institution temporary construction financing.
History —June 25, 1958, No. 104, p. 243, § 41; June 4, 1976, No. 157, p. 461, § 9; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 5; Apr. 5, 2003, No. 103, § 33, eff. 90 days after Apr. 5, 2003; Aug. 5, 2016, No. 119, § 2.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293f/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293f - Judicial decisions; challenge of decisions and determinations of Council, term
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293f - Judicial decisions; challenge of decisions and determinations of Council, term
|
The agreements of the Condominium Association and the determinations, omissions, or actions of the Director or the Board of Directors, of the unit owner that submits the unit to the regime set forth by this chapter, during the term of administration considered in § 1293-1 of this title, or of the President and Secretary concerning the administration of nonresidential buildings that do not have units intended for residential use, or of nonresidential unit owners in condominiums in which at least one unit intended for residential use exists, shall be challengeable in the Court of First Instance by any unit owner who deems that the agreement, determination, omission, or action in question is extremely prejudicial to him/herself or the community of unit owners, or is against the law, the constitution title, or the Regulations referenced in § 1293 of this title. Challenges by owners of units intended for residential use shall be submitted before the Department of Consumer Affairs.
(a) The following procedure shall be observed in claims against the Administrator or the Board of Directors:
(1) In the annual assembly, the Condominium Association shall elect a Conciliations Committee comprised by three unit owners, one of which shall be selected from the members of Board of Directors, excluding the President.
(2) All unit owners who submit a claim before any pertinent court or forum to challenge any action or omission by the Board of Directors shall demonstrate having exhausted the following procedures:
(A) Having requested in writing the consideration of his/her claim before the Board of Directors and the same did not address the complaint within thirty (30) days from the return receipt requested of the claim. Said claim shall be submitted before the Board within thirty (30) days following the date in which the agreement or determination was made, if in his/her presence, or within the thirty (30) days following the date of receipt of the notification of the agreement or determination. If the action or omission is prejudicial, the term for the submittal of the claim shall be the thirty (30) days following the date in which the unit owner obtains knowledge of said prejudicial action or omission.
(B) The Board may resolve the matter or submit same of its own accord to the Conciliations Committee, unless the unit owner required that his claim be sent directly to the consideration of said Committee. The Committee shall resolve the matter within thirty (30) days after receiving the unit owner’s claim, and in any case, within a maximum term of sixty (60) days after the unit owner submits his/her claim to the Board.
(C) When submitting the claim, the unit owner shall certify that the claim was not addressed within the aforementioned terms, or that the solution proposed by the Board or the Conciliations Committee is extremely prejudicial to him/her.
The competent forum before which the claim is submitted may exempt the claimant from the previous requirement, if the nature of the case so warrants.
The challenge before the appropriate forum of those agreements and determinations deemed extremely prejudicial by the unit owner for him/herself or for the community of unit owners shall be exercised within thirty (30) days following the notification to the unit owner of an adverse decision by the Board or the Conciliations Committee, or within thirty (30) days since it is evident that the Board or the Conciliations Committee would not take any action regarding the unit owner’s claim, or in any case, after ninety (90) days elapse from the date in which the claimant submitted the claim to the Board.
(b) The challenge before the court or forum with jurisdiction of the agreements approved by the Condominium Association shall not require the previous consideration procedure before the Board of Directors.
The challenge of the agreements and determinations deemed by the unit owner as extremely prejudicial for him/herself or the community of unit owners shall be exercised within thirty (30) days after the date in which said agreement or determination was made, if in his/her presence, or thirty (30) days after receipt of the notification of the agreement, if the affected unit owner was not present at the time said agreement or determination was made.
(c) The challenge of agreements, actions, or omissions by the Board of Directors of the Condominium Association, with the exception of those made by the unit owner who submits the property to the regime, which breach the provisions of this chapter, the master title, or the Regulations of the condominium shall prescribe after two (2) years of having notified the agreement, taken the action, or acknowledged the omission. For unit owners who challenge this type of agreement of the Condominium Association, the term shall be calculated from the date of the notification of same, if there is compliance with the requirements set forth in the next paragraph.
When exercising the challenge of agreements by the Condominium Association, the unit owner shall prove having been present or represented in the meeting in which the challenged agreement was made and that said unit owner did not vote in favor of the same. If the unit owner was absent in spite of having been duly notified, he/she shall prove that said absence was justified.
(d) For all types of challenge before the court or forum with jurisdiction, including matters that would have required unanimous consent of all unit owners, the claimant shall also prove to be up-to-date in the payment of all due debts with the Condominium Association, including approved apportionments. This requirement shall not apply when the action is geared toward challenging agreements pertaining to the establishment or alteration of fees or apportionments.
After hearing the parties in controversy, the court or forum with jurisdiction shall decide according to the law, fairness, and peaceful coexistence norms. The agreement, determination, omission or action shall be temporarily valid, unless otherwise determined by the court.
(e) The forum of instance in which the claims or actions submitted by the unit owners or the Condominium Association are considered shall impose the legal fees of the litigation or claim upon the party that proceeded with temerity, as well as the payment of a reasonable amount for the attorney’s fees actually incurred by the party that obtained the requested remedy. The payment of the legal fees of the other party shall only be reprieved by means of a waiver by the winning party.
The unit owner who prevails in any claim shall be exempted from the payment of attorney’s fees or legal expenses incurred by the Board or the Condominium Association, and the penalty that, in its case, might have been imposed upon the defendant party.
History —June 25, 1958, No. 104, p. 243, § 42; June 4, 1976, No. 157, p. 461, § 9; Apr. 5, 2003, No. 103, § 34, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293g/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293g - Insuring building against risk; individual rights of owners
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293g - Insuring building against risk; individual rights of owners
|
Unit owners, by means of agreement of those who represent the majority, may ensure the building against risks to cover general common, public, and limited areas, as well as other risks in behalf of all unit owners, without prejudice to the right of each to ensure their unit singly and in their own behalf. The unit owner who owns a particular insurance for his own unit, or who has paid his/her mortgage in full shall not be exempted from the payment of the proportional part of any common insurance adopted by the Condominium Association.
All unit owners may request the inspection of the documents pertaining to common insurance from the Board of Directors. The Board of Directors may substitute the insurance agent or broker, if the coverages and conditions of the new insurance policy are the same, or of broader reach and benefit, and at the same or less cost than the insurance policy in effect at the time of such a change, notifying the Condominium Association of the same immediately.
History —June 25, 1958, No. 104, p. 243, § 43; June 4, 1976, No. 157, p. 461, § 10; Apr. 5, 2003, No. 103, § 35, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293h/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293h - Application of insurance indemnity to reconstruction; pro rata distribution in certain cas...
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293h - Application of insurance indemnity to reconstruction; pro rata distribution in certain cases; application of § 1283; rules for reconstruction
|
In the event of a fire, the indemnization of the insurance of the building shall be used for the reconstruction of the same, with the exception of the matters set forth in Section 3, subsection 5 of the Mortgage and Property Registry Act.
After receipt of the insurer’s indemnization offer, the Board of Directors shall prepare a plan for the distribution of the reconstruction funds, detailing the specific amounts to be used in the reconstruction of each unit, pursuant to the appraisals made, and of the remaining common areas of the building. The report shall be circulated among the unit owners not less than fifteen (15) days in advance of the holding of an extraordinary assembly convened for the exclusive consideration of the offers submitted and the referenced report. The Condominium Association shall finally decide, by majority vote, all matters pertaining to the indemnization, including the acceptance of the amounts offered by the insurance companies and the priorities for the works to be performed.
If the Condominium Association decides to receive the total amount of the indemnization to distribute same afterwards among the unit owners, the monies shall be deposited in a special account, from which withdrawals may only be made with prior sworn certification by the Treasurer and the Secretary, stating the agreement in which the Condominium Association authorizes the withdrawal of funds, and if the same has not been challenged before any judicial or administrative forum.
The Condominium Association shall acquire a fidelity bond for the Director or the directors that shall respond for the unauthorized management of these funds.
When said reconstruction comprises the totality of the building or more than three quarter parts of the same, the reconstruction shall not be obligatory. In such a case, and except for the unanimous agreement of the unit owners otherwise, the indemnization shall be proportionally paid to the corresponding parties, and regarding the remaining parts of the building, it shall be done as set forth in § 1283 of this title.
If the reconstruction proceeds, it shall be done as set forth for said hypothesis in the constitution title of the horizontal property, or otherwise, whatever is agreed upon by the Condominium Owner’s Association.
History —June 25, 1958, No. 104, p. 243, § 44; June 4, 1976, No. 157, p. 461, § 10; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 36, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293i/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293i - Sharing of reconstruction costs when building not insured or insurance indemnity is insuff...
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293i - Sharing of reconstruction costs when building not insured or insurance indemnity is insufficient; modification of section by unanimous resolution
|
When the property is not insured or the insurance indemnity is insufficient to cover the cost of reconstruction, the new building costs shall be paid by all the co-owners directly affected by the damage, in proportion to the percentage of their respective apartments; and if any one or more of those composing the minority shall refuse to make such payment, the majority may proceed to do so at the expense of all the co-owners benefited thereby, upon adopting the proper resolution, which shall set forth the circumstances of the case including the cost of the works, with the intervention of the Council of Co-owners.
The provisions of this section may be changed by unanimous resolution of the interested parties adopted subsequent to the date of the disaster.
History —June 25, 1958, No. 104, p. 243, § 45; June 4, 1976, No. 157, p. 461, § 10; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293j/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293j - Mortgage law and regulations as supplementary
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293j - Mortgage law and regulations as supplementary
|
The provisions of the Mortgage Law and of the Regulations for the Execution of the Mortgage Law shall be deemed supplementary to this chapter.
History —June 25, 1958, No. 104, p. 243, § 46, eff. 90 days after June 25, 1958.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iii/1293k/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter III - Administration and Insurance (§§ 1293 — 1293k)›§ 1293k - Buildings covered by other laws; submission to horizontal property regime
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293k - Buildings covered by other laws; submission to horizontal property regime
|
The provisions set forth in § 1275 of this title, shall apply to those building in which the floors, at the time of effectiveness of this act, are constituted by virtue of the referenced legal precepts, as well as those buildings of not more than five apartments, whose unit owners wish to be subject to these precepts. However, the buildings referenced in the foregoing paragraph may be subjected to the regime set forth in this chapter with prior compliance with the requirements of § 1291 of this title.
This chapter shall not be understood as a hindrance for the constitution of other joint property by floor regimes that may be set forth pursuant to other laws or norms.
History —June 25, 1958, No. 104, p. 243, § 47; Apr. 5, 2003, No. 103, § 37, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iv/1294/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e)›§ 1294 - Adjudication of claims
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e) › § 1294 - Adjudication of claims
|
A Special Division for the Adjudication of Condominium Claims of the Department of Consumer Affairs is hereby created to address all matters pertaining to all condominiums in which at least one apartment intended for residential use exists. Said Division shall have a Director named by the Secretary of the Department. The Secretary, subject to the provisions set forth in the Public Service Personnel Act, shall name the supervisors, inspectors, consultation officials, official examiners or administrative judges, public interest attorneys, and administrative personnel necessary for the prompt attention of claims submitted by unit owners pursuant to this chapter, or by the Board of Directors, pursuant to the applicable special laws.
The Secretary is hereby also empowered to adopt special regulations for the adjudication of the claims submitted to the Department, according to the provisions in this section, pursuant to the provisions set forth in § 1294c of this title.
Without prejudice to the foregoing, all claims pertaining to the coverage or the terms and conditions of the insurance contract shall be referred to the Office of the Insurance Commissioner of Puerto Rico for their consideration. The Commissioner is hereby empowered, if needed, to adopt a special Regulations for the adjudication of claims that arise under the horizontal property regime.
History —June 25, 1958, No. 104, p. 243, added as § 48 on June 4, 1976, No. 157, p. 461, § 11; Apr. 5, 2003, No. 103, § 38, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iv/1294a/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e)›§ 1294a - Powers of Secretary of Department of Consumer Affairs
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e) › § 1294a - Powers of Secretary of Department of Consumer Affairs
|
The Secretary of the Department of Consumer Affairs is hereby empowered to issue regulations, pursuant to the procedures set forth in §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”, geared toward:
(a) Requiring the registration of apartments in the Department of Consumer Affairs prior to their advertising, offering or sale.
(b) Guarantee that potential unit buyers are offered all necessary information to be able to make an intelligent decision to buy.
(c) Setting forth criteria for publicity and propaganda that ensure the announcement of precise and complete information that can be easily understood by the buyers.
(d) Set forth in behalf of lessees who have been living in a unit prior to the date in which same is submitted to the horizontal property regime the necessary rights to avoid eviction, rent increases, and being forcefully evicted without first having been offered a true opportunity to buy the unit in which they reside, or a reasonable term to vacate the premises.
(e) Set forth a reasonable term for the original seller of an unit that had been occupied prior to the date in which the unit is submitted to the horizontal property regime to respond for any construction vices or defects of the unit.
(f) Protect the interests of the buyers of apartments during the term of administration of the unit owner that submits the building to the horizontal property regime, pursuant to § 1293-1 of this title.
These regulations shall apply to the sale of apartments intended for residential use that form part of a common promotion and sales plan of at least ten units, except for that issued pursuant to foregoing subsections (c) and (d), which shall apply to all sales of apartments intended for residential use. Said regulations shall not apply to sales pursuant to a court order, or sales carried out by a government or agency of the same.
History —June 25, 1958, No. 104, p. 243, added as § 49 on June 4, 1976, No. 157, p. 461, § 11; Apr. 5, 2003, No. 103, § 39, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iv/1294b/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e)›§ 1294b - Requests for registration of apartments, fees
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e) › § 1294b - Requests for registration of apartments, fees
|
All requests for the registration of apartments in the Department of Consumer Affairs shall be accompanied by a check payable to the Secretary of the Treasury in the amount of twenty-five dollars ($25) per apartment whose registration is being requested. However, said amount shall never be less than five hundred dollars ($500), nor more than two thousand dollars ($2,000). Thirty-five dollars ($35) shall be paid per request of amendment to a registration application.
History —June 25, 1958, No. 104, p. 243, added as § 50 on June 4, 1976, No. 157, p. 461, § 11; Apr. 5, 2003, No. 103, § 40, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iv/1294c/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e)›§ 1294c - Adjudication of controversies; administrative fines; judicial review
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e) › § 1294c - Adjudication of controversies; administrative fines; judicial review
|
The Secretary of the Department of Consumer Affairs may use all the powers conferred by §§ 341 et seq. of Title 3, known as the “Organic Act of the Department of Consumer Affairs”, to adjudicate in controversies that arise under this chapter and to ensure that no one breaches the regulations or orders issued under this chapter, including the imposition of administrative fines up to a maximum of ten thousand dollars ($10,000) per infraction. All Regulations, orders, or resolutions issued by the Secretary pursuant to this chapter may be judicially reconsidered and reviewed, pursuant to the provisions set forth in §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
History —June 25, 1958, No. 104, p. 243, added as § 51 on June 4, 1976, No. 157, p. 461, § 11; Apr. 5, 2003, No. 103, § 41, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iv/1294d/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e)›§ 1294d - Special Fund, creation
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e) › § 1294d - Special Fund, creation
|
There is hereby created in the Treasury of Puerto Rico a Special Fund into which shall be covered all the money collected pursuant to §§ 1294b and 1294c of this title, which shall be at the disposal of the Secretary of the Department of Consumer Affairs for the purpose of executing the powers conferred on him by this chapter.
History —June 25, 1958, No. 104, p. 243, added as § 52 on June 4, 1976, No. 157, p. 461, § 11.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-150/subchapter-iv/1294e/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 150 - Horizontal Property (§§ 1291 — 1294e)›Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e)›§ 1294e - Disaster and emergency plan
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e) › § 1294e - Disaster and emergency plan
|
Condominiums submitted to the regime of this chapter shall approve and maintain a disaster and emergencies plan to be updated at least every three (3) years. Said revision shall be performed in consultation with the pertinent government, municipality, and federal entities to protect life and property. In addition, the necessary measures shall be taken to communicate the referenced plan to all unit owners in the most efficient manner possible, and with sufficient time to be studied and understood. Such plan shall include the measures to be taken before, during, and after a disaster occurs.
During January of each year, each unit owner shall notify the names and telephone numbers of the Board of Directors and the administrator to the corresponding Puerto Rico Police station, the Municipal Civil Defense, and the Puerto Rico Fire Department for said entities to maintain a registry of persons to be contacted during an emergency.
Likewise, the unit owners shall approve a water and electricity rationing plan to be implemented during disasters or when a rationing is decreed by the agencies concerned, to guarantee the minimal impartial use of such resources among all unit owners.
The Secretary of the Department of Consumer Affairs shall adopt the Regulations he/she deems necessary to establish the norms that shall be observed by the individual unit owners and the Condominium Association during any crisis in the water or electric power supplies.
Nevertheless, Condominium Associations are hereby empowered to adopt alternate contingency plans, with prior approval from the Secretary of the Department of Consumer Affairs, when the particular characteristics of the property make the implementation of the projected plan of the Regulations promulgated by said Department burdensome or unreasonable.
History —June 25, 1958, No. 104, p. 243, added as § 53 on Apr. 5, 2003, No. 103, § 42, eff. 90 days after Apr. 5, 2003.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1295/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1295 - Definitions
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1295 - Definitions
|
For the purposes of this chapter, the following capitalized terms shall have the meaning stated in this section:
(1) Administrator.— Means any developer, his/her affiliate and/or respective successors engaged, subject to the provisions of this chapter, in the business of rendering administration services to a leasing program, whether directly or upon the execution of an administration contract through an agent.
(2) Affiliate.— Means any person who controls, is controlled by, or is under common control with another person. It is presumed that a person “controls” another person if the person:
(a) Is a partner, officer or director of the other person;
(b) directly or indirectly or acting through one or more intermediaries or acting in common with one (1) or more persons, owns, controls or has the power to vote (including by proxy) of more than ten percent (10%) of any kind of shares with voting or financial benefit in said person;
(c) determines, in any way, the selection or appointment of the majority of directors of said person, or
(d) has contributed more than ten percent (10%) of the capital of said person.
(3) Agent.— Means any person who exercises the rights and assumes the obligations of an administrator set forth in a leasing contract by delegation of such rights and obligations through the execution of an administration contact.
(4) Lodging unit.— Means any independent use unit in a real property subject to the condo hotel regime with direct or indirect access to a public thoroughfare, and the share in the common elements and the common property designated thereto in the master deed, designed and available to be used and occupied by one or more persons as guests in exchange for a fee, pursuant to the provisions of the “Innkeeper’s Act”, §§ 711 et seq. of Title 10, which is administered by an administrator in a leasing program under the terms of a leasing contract pursuant to the provisions of this chapter. Each lodging unit shall be devoted solely to the use provided therefor in the master deed. The term “lodging unit” shall not include commercial units or residential units.
(5) ARPE.— Means the Regulations and Permits Administration of Puerto Rico or any entity substituting the same.
(6) Condo hotel.— Means a building or group of buildings built to be governed by or converted into the condo hotel regime pursuant to the provisions of this chapter, which complies with the requirements of a tourist or commercial hotel, consisting of apartments or rooms whose owners have committed to include in a leasing program for at least nine (9) months every year and under such terms and conditions agreed upon, to be devoted to lodging guests in exchange for a rate or fee per day or for a definite longer term. The building or group of buildings may have commercial, office, and other use areas consistent with the main use thereof as defined herein.
(7) Administration contract.— Means the contract executed between an administrator and a third party whereby such third party assumes the obligations and exercises the rights of such administrator as agent under leasing contracts.
(8) Leasing contract.— Means the contract agreed upon and executed by the administrator and the owner of a lodging unit whereby such owner of a lodging unit leases to the administrator the lodging unit of which he/she is the owner in order to incorporate the same into a leasing program.
(9) Basic expenses fee.— Means the amount on account of basic expenses to be paid by the owner of the real property pursuant to the provisions of the master deed.
(10) Program administration expenses contribution.— Means the amount on account of program administration expenses to be paid by the owner of a lodging unit pursuant to the provisions of § 1298 of this title and the corresponding leasing contract.
(11) Developer.— Means any person engaged in the design, construction, and/or operation of condo hotels for profit.
(12) Common elements.— Means, in a real property under the condo hotel regime pursuant to this chapter: any real or personal property necessary for the proper operation of the leasing program, which may include the concierge’s office, the front desk, and administrative offices, and any equipment and materials located from time to time inside or outside of the lodging units to meet the needs of condo hotel guests according to their category as provided in the leasing contract or master deed. There shall also be considered common elements, any real property by destination such as beds, furniture, electronic equipment, minibars, computers, fax machines, window treatments, bed sheets, blankets, towels, robes, hangers, and blow-dryers, among others, and any other personal or real property deemed by the administrator, from time to time, to be necessary to such purposes in exercising his/her discretion.
(13) Master deed.— Means the public deed executed by the developer whereby a real property project is submitted to the condo hotel regime (and structures built in said real property), which establishes any covenants and agreements binding upon all the owners of the real property. The clauses in such master deed bind all of the owners of the real property, provided that such clauses do not violate any provisions relative to public law and order.
(14) Basic expenses.— Means regular and special basic expenses, all of which shall be defrayed by the owners of the real property, pro-rata, according to their respective share percentage in the common property, as established in the master deed. The amount owed by an owner of the real property on account of basic expenses shall constitute a preferred lien on the property of such owner and the sum owed by an owner of the real property on this account shall be binding upon any person acquiring such owner of the real property.
(15) Special basic expenses.— Means any expense related to the administration, repair, and maintenance, and replacement of obsolete items of any common property not budgeted but incurred or to be incurred by the administrator from time to time in exercising his/her discretion for being urgent and necessary for the administration and proper operation of the common property, such as expenses related to changes in legal and regulatory provisions, material losses, unforeseen or emergency repairs, or legal actions to enforce the provisions of the master deed or any rights in the common property of the owners of the real property in general. The term shall not include expenses incurred to carry out capital improvements, except if so allowed in the master deed.
(16) Regular basic expenses.— Means any expense related to the administration, repair, and maintenance, and replacement of obsolete items of any common property budgeted and incurred or to be incurred by the administrator from time to time in exercising his/her discretion for the administration and proper operation of the common property. This term shall always include any expense incurred to carry out the real property maintenance works and the payment of real or personal property taxes applicable to the common property, which shall always be included in the basic expenses budget of the administrator. The term shall not include expenses to be incurred to carry out capital improvements, except if so allowed in the master deed.
(17) Program administration expenses.— Means regular and special program expenses all of which shall be defrayed by the owners of lodging units as per the terms of the leasing contract.
(18) Special program expenses.— Means any expenses incurred in the administration, operation, and marketing of a condo hotel according to the design and category thereof that are not budgeted but incurred or to be incurred by the administrator from time to time in exercising his/her discretion given that such expenses are urgent and necessary for the administration and proper operation of the lodging units, the common elements or the leasing program according to the category thereof, such as expenses related to compliance with any changes in the legal and regulatory provisions, material losses, unforeseen or emergency repairs, and legal actions to enforce the provisions of the master deed, the lease contract or any rights of the owners of lodging units in general. This term shall not include expenses to be incurred to carry out capital improvements, except if so allowed in the master deed.
(19) Regular program expenses.— Means all those expenses incurred in the administration, operation, and marketing of a condo hotel according to the design and category thereof that are budgeted and incurred or to be incurred by the administrator from time to time in exercising his/her discretion for the operation or proper functioning of the lodging units, the common elements or the leasing program according to the category thereof, without it being understood as a limitation, the following expenses when applicable to the lodging units and/or common elements: real or personal property taxes, utilities, insurance premiums, administration fees, audit or other expenses related to contracts for the rendering of services to be entered into from time to time by the administrator, costs of cleaning services, the sum of any reserve established or expense incurred in the replacement of equipment, materials, and furniture in the lodging units and common areas or personal property that is a common element, and the payment of debts incurred in the regular course of the operation of the condo hotel. This term shall always include any expense incurred to carry out maintenance works of the program to be defrayed by the owners of lodging units, which shall always be included in the budget of the condo hotel. This term shall not include expenses incurred to carry out capital improvements, except if so allowed in the master deed or the lease contract.
(20) The Mortgage and Property Registry Act.— Means §§ 2001 et seq. of Title 30, and any regulations promulgated thereunder.
(21) The Innkeeper’s Act.— Means §§ 711 et seq. of Title 10, and any regulations promulgated thereunder.
(22) The Condominiums Act.— Means §§ 1291 et seq. of this title, and any regulations promulgated thereunder.
(23) Roster of lodging unit owners.— Means the confidential register of names, mailing and email addresses, and telephone numbers of the owners of the real property, and in the case of juridical entities, the identity of their representatives authorized to receive notices, kept by the administrator of the leasing program for the purpose of making any pertinent notices required under this chapter.
(24) Capital improvements.— Means any expense that, pursuant to the accounting principles generally accepted in Puerto Rico according to the standards established by the Standards Board of the American Institute of Certified Public Accountants, as amended from time to time, shall not be deducted as current expenses in the books of the leasing program and the books related to the administration of the common property, but rather, capitalized. In the event that the master deed establishes that capital improvements may be carried out with the approval of the owners of the real property or the owners of lodging units the same shall be performed by the affirmative vote of fifty percent (50%) plus one (1) of the owners of the real property or owners of lodging units that are entitled thereto.
(25) Real property maintenance works.— Means:
(a) Maintenance, repair, and replacement of obsolete items of the entire common property.
(b) Selection of colors and paint of the common property.
(c) Treatment to walls, roofs or rooftops of the real property under the condo hotel regime to correct or prevent leaks and/or cracks, repair damages caused by birds, and others.
(d) Placing, removing, planting, watering, fertilizing or relocating trees, grass, shrubs or plants, and any other gardening work according to the applicable laws and regulations.
(e) Maintenance of garbage collection systems with adequate capacity for the real property under the condo hotel regime, taking into account its size and the activities carried out in the same.
(f) Maintenance of facilities for services such as telephone, water, electricity, cable, satellite, internet, or security equipment, and the installation and operation of the equipment necessary to provide such services.
(g) Maintenance of community security equipment, such as the closing of entrances to and exits from the real property by using gates, iron grilles or locks.
(h) Construction works, repairs or permanent alterations, whenever necessary or convenient for the common property to temper the same with the applicable laws or regulations.
(i) Any other works determined by the administrator from time to time in exercising his/her discretion to be necessary for the existence, conservation, security, adequate use, and operation of the common property.
(26) Program maintenance works.— Means:
(a) Maintenance, repair, and replacement of obsolete items of the common elements and all personal property, including without being limited to electronic equipment (computers, faxes, telephones, hairdryers, radios or television sets), furniture, refrigeration equipment, storm shutters, and carpeting in the lodging units.
(b) Selection of colors and interior paint of the lodging units and common elements.
(c) General cleaning of the lodging units and common elements.
(d) Construction, repair or permanent alteration works, whenever necessary or convenient for the lodging units and common elements to temper the same with the applicable laws or regulations.
(e) Any other works rationally necessary for the existence, conservation, security, adequate use, and operation of the lodging units and common elements (other than common property.)
(27) Condo hotel share.— Means a property right in fee simple over a lodging unit or over a percentage of the property of the common elements, established by means of a public deed and recorded in the Property Registry pursuant to the provisions of the Mortgage and Property Registry Act, being such property right subject to the terms of a leasing contract whereby said lodging unit is submitted to a leasing program.
(28) Person.— Means any natural person, corporation, partnership, trust, joint ownership, government, government subdivision or agency, any other form of legal entity or any combination thereof.
(29) Leasing program.— Means a program whereby the owners of lodging units lease such units to an administrator to be operated, marketed, and leased by the administrator or his/her agent, pursuant to the provisions of the leasing contract and this chapter.
(30) Common property.— Means, in a real property under the condo hotel regime pursuant to this chapter excluding any common element:
(a) The land where it is located and the projection of the real property;
(b) the foundations, bearing and support walls, roofs, galleys, basements, staircases, and entrance, exit or connecting hallways;
(c) rooftops, elevators, hallways, recreational areas, meeting and social events rooms, and lobbies;
(d) areas dedicated to the administration, security, storage of equipment, safety deposit boxes, and common use products;
(e) main service facilities such as electric power, water, gas, telephone, internet, ethernet, cable tv, digital cable, satellite, refrigeration, air conditioning, fans, water tanks, generators, tanks, water pumps, intercoms, and others;
(f) waste incinerators, areas designated for waste disposal, and other general devices or facilities for common benefit;
(g) any vegetation within or used to decorate the common property described in clauses (a), (b), (c), and (d) and water sprinkler equipment and maintenance thereof, and
(h) all other things that were rationally intended for the common use or benefit in the real property or necessary for the existence, conservation, security, and use thereof according to the master deed.
(31) Owner of a lodging unit.— Means any person who, through the execution of the appropriate contracts and deeds, acquires a lodging unit. This term shall include a developer, when he/she retains the ownership of a lodging unit for the purpose of incorporating the same into a leasing program. It shall not include the owner of a commercial unit or a residential unit.
(32) Owner of the real property.— Means the owners of lodging units, the owners of commercial units, and the owners of residential units.
(33) Commercial units.— Means those independent use units in a real property under the condo hotel regime, and the share in the common property assigned thereto in the master deed, with direct or indirect access to a public thoroughfare, designed and available for commercial use and not for residential use, including without it being limited to restaurants, shops, spas or gyms.
(34) Residential units.— Means those independent use units in a real property under the condo hotel regime that could be considered “lodging units,” except that the same are not participants of a leasing program.
History —Aug. 12, 2008, No. 249, § 3; Dec. 16, 2009, No. 178, § 1; June 24, 2010, No. 67, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296 - Constitution of the Condo Hotel regime
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296 - Constitution of the Condo Hotel regime
|
(a) The condo hotel regime under this chapter shall be constituted by the execution of the master deed, which shall be recorded on the Property Registry pursuant to the provisions of this chapter and the Mortgage and Property Registry Act.
(b) The condo hotel regime may be established over real property under a duly registered lease, surface right in perpetuity or usufruct, provided, that through a public deed to the effect, the lessor, holder of the surface right or bare owner gives his/her express consent therefor and waives any action or claim that he/she could initiate against the owners of the real property, in the event of noncompliance with the obligations of the lessee, the holder of the surface right or the original usufructuary.
Upon registration, the condo hotel regime may only be dissolved by the administrator’s affirmative vote, plus the affirmative vote of the owners of lodging units in such manner, number or proportion as provided in the master deed.
(c) The master deed may be amended for the purpose of making changes to the leasing program by the affirmative vote of the administrator, except for those amendments to the master deed increasing the responsibilities of the owners of lodging units for program administration expenses or reducing their share in the financial benefits to which they are entitled under the leasing program or reducing their rights with respect to the common elements, which shall require the consent of the owners of lodging units, in such manner, number or proportion as provided in the master deed.
(d) Any other amendment to the master deed shall require the affirmative vote of the administrator and the affirmative vote of the owners of the real property in such manner, number or proportions as provided in the master deed.
(e) In the event that the owner of a residential unit wishes to incorporate his/her unit into the leasing program, the administrator may amend the master deed, without the consent of any person, other than such owner, for the purpose of changing in the master deed the designation of such residential unit to “lodging unit” and changing the share percentages of the owners of lodging units in the common elements so as to show the incorporation of said residential unit to the leasing program.
(f) In the event that the leasing contract allows the owner of a lodging unit to withdraw the same from the leasing program, the administrator may amend the master deed without the consent of any person, other than such owner, for the purpose of changing in the master deed the designation of lodging unit to “residential unit” and change the share percentages of the owners of lodging units in the common elements so as to show the withdrawal of said lodging unit from the leasing program. However, the administrator may amend the master deed to change the designation of a lodging unit to a residential unit, if the owner of said unit fails to comply with his/her obligations under the leasing contract, the administrator shall terminate the leasing contract and remove such unit from the leasing program. The provisions of this subsection do not exempt the owner of a lodging unit from complying with any other legal provision granting tax or other incentives, in exchange for allowing the lodging unit to remain in the leasing program for a determined period.
(g) Notwithstanding the provisions of any other part of this or any other act, for purposes of constituting a condo hotel regime and the recording thereof in the Property Registry, the condo hotel regime may be established without the need to designate a minimum, maximum, or specific number of lodging, residential, or commercial units in its master deed. Those constituting such kind of regime may designate all units as residential or lodging units or establish any combination to designate the same as residential, lodging, or commercial units. None of the aforementioned provisions shall, for purposes of the granting tax incentives and determining the period of time to meet the minimum number of rooms devoted to accommodate guests under an integrated leasing program, prevent the Tourism Company from establishing the applicable requirements in accordance with its rules, laws, and regulations or the specific provisions of each grant.
History —Aug. 12, 2008, No. 249, § 4.101; Dec. 16, 2009, No. 178, § 2; June 24, 2010, No. 67, § 2; Dec. 24, 2011, No. 278, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296a/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296a - Effect of entering the regime
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296a - Effect of entering the regime
|
Once the property is submitted to the condo hotel regime, the lodging units, commercial units, and residential units may be individually transferred or encumbered and be subject to the domain or possession, and any kind of inter vivos or mortis causa judicial actions, fully independent from all other lodging units, commercial units, and residential units of the condo hotel of which they are part, subject, however, to the provisions of this chapter. The corresponding deeds may be recordable in the Property Registry according and subject to the provisions of this chapter and the Mortgage and Property Registry Act. If the leasing contract is recorded, any person who becomes the owner of a lodging unit upon acquiring such unit shall be bound by the terms of the leasing contract previously executed by the former unit owner.
History —Aug. 12, 2008, No. 249, § 4.102; Dec. 16, 2009, No. 178, § 3; June 24, 2010, No. 67, § 3.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296b/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296b - Mortgage credits
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296b - Mortgage credits
|
(a) The common elements that are personal property shall only be mortgaged or encumbered with the consent of the administrator under such terms and conditions as the administrator in his/her sole discretion may deem convenient and by the affirmative vote of the owners of lodging units in such manner, number or proportion as provided in the master deed. None of the foregoing shall be construed as to grant the owners of lodging units the right to propose terms and conditions for the actions set forth in this subsection, thus clarifying that this subsection only grants the owners of lodging units the right to vote to accept or reject any proposal submitted by the administrator or agent with respect to the issues addressed herein.
(b) The common property may only be mortgaged or encumbered with the consent of the administrator under such terms and conditions as the administrator in his/her sole discretion may deem convenient and by the affirmative vote of the owners of the real property in such manner, number or proportion as provided in the master deed. None of the foregoing shall be construed as to grant owners of lodging units the right to propose terms and conditions for the actions set forth in this subsection, thus clarifying that this paragraph only grants such owners of the real property the right to vote to accept or reject any proposal submitted by the administrator or agent with respect to the issues addressed herein.
History —Aug. 12, 2008, No. 249, § 4.103; Dec. 16, 2009, No. 178, § 4; June 24, 2010, No. 67, § 4.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296c/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296c - Division and grouping
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296c - Division and grouping
|
(a) The property rights over lodging units and residential units shall not be subject to division by means of segregation to constitute other property rights, nor may these rights be grouped or consolidated with others, except as otherwise provided in the master deed. Lodging units and residential units shall not be subject to material division by segregation to form other lodging units or residential units, or be extended by grouping adjacent lodging units or residential units or portions thereof, without first amending the master deed by the affirmative vote of the administrator and the affirmative vote of the owners of the real property in such number or proportion as provided in the master deed. Every case of division or segregation of the lodging or residential units shall require the authorization of the Regulations and Permits Administration. The new description of the affected units, as well as the corresponding percentages, shall be consigned in the public segregation or grouping deed executed, which shall have no effect until it is recorded in the Property Registry together with the master deed. The plan shall be attached to each one of said copies, which plan shall clearly indicate, in a graphic manner, the specifics of the units as modified. In the event of segregation, said plan shall be approved by the Regulations and Permits Administration.
(b) Property rights over commercial units shall not be subject to division by means of segregation to constitute other property rights, nor may these rights be grouped or consolidated with others, except as otherwise provided in the master deed. Commercial units shall not be subject to material division by segregation to form other commercial units, or be extended by grouping adjacent commercial units or portions thereof, without first amending the master deed by the affirmative vote of the administrator and the affirmative vote of the owners of the commercial units in such number or proportion as provided in the master deed. Every case of division or segregation of the commercial units shall require the authorization of the Regulations and Permits Administration. The new description of the affected commercial units, as well as the corresponding percentages, shall be consigned in the public segregation or grouping deed executed, which shall have no effect until it is recorded in the Property Registry together with the master deed. The plan shall be attached to each one of said copies, so as to clearly indicate in a graphic manner the specifics of the commercial units as modified. In the event of segregation, said plan shall be approved by the Regulations and Permits Administration.
(c) The common elements and common property constitute an undivided interest and shall not be subject to partition within the community assets. Any agreement providing otherwise shall be null.
History —Aug. 12, 2008, No. 249, § 4.104; Dec. 16, 2009, No. 178, § 5; June 24, 2010, No. 67, § 5.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296d/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296d - Occupation of lodging units by owners thereof
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296d - Occupation of lodging units by owners thereof
|
The owner of a lodging unit shall be entitled to occupy his/her lodging unit (or a lodging unit equal in size to his/her lodging unit) during the occupancy period allowed, and subject to the restrictions provided in the master deed and the leasing contract. Such right does not exempt the owner of a lodging unit and the administrator from complying with any law, regulation or condition imposed by the Tourism Company to issue licenses or grant tax benefits.
History —Aug. 12, 2008, No. 249, § 4.105; Dec. 16, 2009, No. 178, § 6; June 24, 2010, No. 67, § 6.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296e/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296e - Use of residential units and commercial units
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296e - Use of residential units and commercial units
|
The persons who acquire residential units or commercial units may use such units without any restriction or limit whatsoever with respect to time; however, such persons shall be subject to the provisions of this chapter, the master deed and any other restrictive condition encumbering the real property with respect to said use, including, but not limited to, the following:
(a) No occupant of a residential unit or commercial unit shall make noises or disturbances nor perform actions that disrupt the peace of condo hotel guests and other occupants of the residential units and commercial units.
(b) Residential units and commercial units shall not be used for purposes contrary to this chapter, morals or social etiquette, and public order.
(c) All owners of residential units or commercial units shall observe due diligence when using the property and in their relations with all other owners of said units and the owners of lodging units and shall answer to them and to the administrator and agent for violations committed by their family members, visitors or employees, and, in general, by any person who is authorized by them to occupy the residential unit or commercial unit in question, for any title, without prejudice to the direct actions that may be in order against such persons.
(d) Occupants of residential units or commercial units shall strictly comply with the applicable provisions of the master deed.
History —Aug. 12, 2008, No. 249, § 4.106; Dec. 16, 2009, No. 178, § 7; June 24, 2010, No. 67, § 7.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296f/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296f - Minimum content of the master deed
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296f - Minimum content of the master deed
|
The master deed shall state at least the name of the condo hotel and the following:
(a) A description of the land and a general description of what has been built therein, stating their respective areas and construction materials.
(b) A description of each lodging unit, commercial unit, and residential unit, and number of units of each kind, stating their measurements, location, bedrooms, rooms, main entrance door, and any other necessary information for their identification.
(c) A description of the common property.
(d) A description of the common elements of the leasing program and the powers and obligations of the administrator with respect to the condo hotel.
(e) Total surface area of the lodging units, commercial units, and residential units in the real property and the surface area of each lodging unit, commercial unit, and residential unit.
(f) The share percentage of the owners of the real property in the common property and common elements.
(g) The right and way to vote attributable to each one of the owners of the real property.
(h) The method to be employed for the imposition and collection of basic expense fee and program administration expense fees to each owner of the real property, and should any distinction be established by the administrator or his/her agent with respect to the amount of said fee and the manner to collect the same, a description of the grounds for such distinction and the method to implement the same.
(i) The method by means of which a condo hotel regime, a leasing program or a leasing contract may or shall be terminated before their expiration date in the event of expropriation and substantial damage to or destruction of a condo hotel and the consequences of such termination, including, but not limited to, the manner in which the properties or the proceeds obtained from the leasing program shall be applied, held or distributed among the different owners of lodging units and the designation of a specific entity to represent the different owners of the real property in the agreement and/or adjustment of such claims.
(j) Description of the powers and duties of the administrator with respect to the condo hotel.
(k) The procedure to be followed to amend, modify or supplement the provisions of the master deed.
History —Aug. 12, 2008, No. 249, § 4.107; Dec. 16, 2009, No. 178, § 8; June 24, 2010, No. 67, § 8.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296g/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296g - Minimum content of the property deed of a lodging unit, commercial unit, and residential u...
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296g - Minimum content of the property deed of a lodging unit, commercial unit, and residential unit
|
The deed to individualize each lodging unit, commercial unit or residential unit shall state the circumstances set forth in § 1296f of this title regarding the lodging unit, commercial unit or residential unit in question and also the common property and common elements percentages corresponding to said lodging unit, commercial unit or residential unit. If the land in which the condo hotel is located were held under a leasehold or usufruct, the property deed shall so state indicating the expiration date of the leasing or usufruct.
History —Aug. 12, 2008, No. 249, § 4.108; Dec. 16, 2009, No. 178, § 9; June 24, 2010, No. 67, § 9.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296h/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296h - Set of plans to be attached to or made part of the master deed and the property deed; auth...
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296h - Set of plans to be attached to or made part of the master deed and the property deed; authentication
|
(a) A certified copy of the master deed and a certified copy of the property deed of a lodging unit, commercial unit or residential unit, as the case may be, filed for the recording thereof in the property registry, shall include true copies of the plans of said real property or the plans of the lodging unit, commercial unit or residential unit in question, as the case may be, as supplemental documents in order to be recorded in the Property Registry. Said plans shall be certified, without paying any fees, by the ARPE administrator and state in a graphic manner the specifics of the real property or the lodging unit, commercial unit or residential unit, as the case may be.
(b) In the event that an existing real property is to be submitted to a condo hotel regime, and the plans of such property are not filed in the records of ARPE, the administrator of such agency shall attest to such fact by means of a certification to such effect. In this case, such certification shall be attached to a certified copy of the master deed and a certified copy of the property deed of the lodging unit, commercial unit or residential unit and a set of plans certified by an engineer or architect authorized to practice his/her profession in Puerto Rico, clearly indicating in a graphic manner the specifics of the real property or lodging unit, commercial unit or residential unit, as the case may be.
(c) The certified copy of the master deed which originated the first condo hotel’s registration, to be recorded in the Property Registry, shall also have attached an appraisal of such real property, which shall be certified by an appraiser authorized to practice his/her profession in Puerto Rico. The registration fees to be paid at the Property Registry shall be determined pursuant to the Mortgage and Property Registry chapter.
History —Aug. 12, 2008, No. 249, § 4.109; Dec. 16, 2009, No. 178, § 10; June 24, 2010, No. 67, § 10.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296i/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296i - Registration procedure—In general
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296i - Registration procedure—In general
|
The condo hotel regime shall be organized in the Property Registry into a system of parcels interrelated by cross-referencing marginal notes. The registration of what has been built in the land shall be made in the parcel where the land is registered and shall be denominated the parent parcel, except if what has been built is located on another proprietor’s land, in which case, the parent parcel shall be that where the building is registered. Each lodging unit, commercial unit or residential unit shall be registered as a separate junior parcel within the registry of the parent parcel. All these registrations shall be preceded by the words “Property under Condo Hotel Regime”.
History —Aug. 12, 2008, No. 249, § 4.110, eff. 30 days after Aug. 12, 2008.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296j/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296j - Registration procedure—Specific circumstances with respect to the registration of the cond...
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296j - Registration procedure—Specific circumstances with respect to the registration of the condo hotel on the parent parcel
|
(a) When registering the master deed, there shall appear as the circumstances of the entry those related circumstances set forth in § 2308 of Title 30, in accordance with those set forth in the regulation for its execution, and those set forth in § 1296f of this title, except as to the description of each lodging unit, commercial unit or residential unit contained in the condo hotel, in the record of the parent parcel it shall suffice to state the number of lodging units, commercial units, and residential units in each floor, stating the number of each kind of unit, the area, and their corresponding share percentage in the common elements and in the common property, without prejudice to the provisions of § 1296k of this title, relative to the registration of the lodging unit, commercial unit or residential unit deed, as the case may be. The works in the project, whether commenced or completed, as the case may be, shall also be included.
(b) In said entry, the common elements and the common property shall also be registered in favor of the owners of the real property, without indicating their names and last names, and their corresponding proportion.
History —Aug. 12, 2008, No. 249, § 4.111, eff. 30 days after Aug. 12, 2008.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296k/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296k - Registration procedure—Specific circumstances with respect to the lodging units, commercia...
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296k - Registration procedure—Specific circumstances with respect to the lodging units, commercial units, and residential units on the junior parcels
|
(a) When registering lodging units, commercial units, and residential units on the junior parcels, there shall appear as the circumstances of the entry those circumstances resulting from § 2308 of Title 30, in accordance with those set forth in the Regulation for its execution, and § 1296g of this title, except for those set forth in subsection (a) of § 1296f of this title.
(b) Until the construction works of the respective lodging unit, commercial unit or residential unit have started, such lodging unit, commercial unit or residential unit may not be registered as a junior or independent parcel. Once the construction works have started, but not yet completed in the lodging unit, commercial unit or residential unit, those already completed and those pending construction shall be identified.
History —Aug. 12, 2008, No. 249, § 4.112, eff. 30 days after Aug. 12, 2008.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296l/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296l - Work completion statement in public deed; registration
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296l - Work completion statement in public deed; registration
|
Projects in progress or commenced, which have been subject to registration pursuant to § 1296i of this title or works already commenced pursuant to the provisions of § 1296j of this title, shall be recorded upon their completion on the particular registry of the respective parcel. The definite description of each lodging unit, commercial unit or residential unit built may be registered, even if only the works in progress or to be commenced are registered by making a marginal reference note on the parent parcel.
History —Aug. 12, 2008, No. 249, § 4.113, eff. 30 days after Aug. 12, 2008.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1296m/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1296m - Ownership track registration of the share in common elements and common property, unnecess...
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296m - Ownership track registration of the share in common elements and common property, unnecessary
|
The ownership track shall be recorded on the junior registries of the respective lodging units, commercial units, and residential units. The share proportion or percentage in common elements or common property pertaining to the owners of the real property shall be deemed to be transferred or encumbered together with it, without having to register such transfer or encumbrance of the share proportion in such common elements and common property in the parent parcel.
History —Aug. 12, 2008, No. 249, § 4.114, eff. 30 days after Aug. 12, 2008.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1297/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1297 - Leasing contract
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1297 - Leasing contract
|
(a) Any person who acquires a lodging unit shall execute a leasing contract with the administrator within ten (10) days after the date of execution of contracts and deeds whereby such person acquires a lodging unit. The leasing contract shall empower the administrator to administer such lodging unit together with all other lodging units under the leasing program. In the event that a developer intends to retain ownership of one (1) or more lodging units, he/she shall maintain such lodging units under the leasing program while the same is in effect or while he/she is the owner of said lodging units.
(b) No owners of lodging units shall be entitled to participate in decisions over the administration of the condo hotel or to contest the actions taken by the administrator in discharging his/her functions, except as otherwise provided in the master deed, the leasing contract or this chapter. The administrator shall be entitled to budget and defray any program administration expenses without the previous consent of the owners of lodging units, whether these are regular program expenses or special program expenses. Capital improvements may be carried out without the approval of the owners of lodging units if it is specifically provided in the leasing contracts or the master deed.
(c) Every owner of a lodging units shall be entitled to receive rental proceeds, payable from time to time, as provided in the corresponding leasing contract.
(d) Every leasing contract shall contain at least the following provisions:
(1) The identity of any agent onto whom the administrator shall delegate the discharge of his/her obligations and the exercise of his/her rights and a copy of the corresponding leasing contract attached.
(2) Provisions to the effect that the owner of a lodging unit shall not have the right to terminate the leasing contract during the term thereof or to replace the administrator during the effective term thereof, except as the master deed or the leasing contract so allows.
(3) The method whereby the contribution for defraying the program’s administration expenses shall be imposed to and collected from the owners of lodging units.
(e) A leasing contract shall not be terminated nor shall the administrator be relieved from his/her duties by the owners of lodging units bound under such leasing contract, except to the extent allowed by § 1297c of this title or the leasing contract.
(f) As of the date of execution of the first leasing contract, the administrator shall keep the roster of lodging units owners duly updated in his/her main office.
History —Aug. 12, 2008, No. 249, § 5.101; Dec. 16, 2009, No. 178, § 11; June 24, 2010, No. 67, § 11.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1297a/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1297a - Administration contract
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1297a - Administration contract
|
(a) The administrator may delegate onto an agent, through the execution of the corresponding administration contact, the exercise of his/her rights and obligations under the leasing contracts. Said person may be an affiliate of the administrator engaged, whether exclusively or together with other activities, in the hotel property administration business or a non-affiliate entity engaged, whether exclusively or together with other activities, in the hotel property administration business. Said agent shall have all the powers and authorities conferred by the administration contact and this chapter, for the term of effectiveness of such administration contact.
(b) The rights and obligations of an agent related to the exercise of his/her duties shall be stated in the administration contract, which shall not contain provisions contrary to or inconsistent with the provisions of the leasing contracts, the master deed, and this chapter. The administration contract shall be terminated regardless of its term, in the event that the administrator is relieved from his/her duties pursuant to the provisions of this chapter. Notwithstanding the foregoing, the incoming administrator may keep the services of the agent of the outgoing administrator if both parties so wish. The administrator shall not be relieved before the owners of lodging units from his/her obligations under the leasing contracts for having delegated his/her responsibilities onto the same agent, except if otherwise agreed by the administrator and the owners of lodging units.
(c) The administrator shall be entitled to withdraw, remove or replace the agent as provided in the administration contract. The owners of lodging units shall not have any right to require the removal of the agent, since such action shall be an exclusive prerogative of the administrator; however, they may require the administrator to compel a derelict agent to comply with the obligations delegated onto him/her under the leasing contract.
History —Aug. 12, 2008, No. 249, § 5.102; Dec. 16, 2009, No. 178, § 12; June 24, 2010, No. 67, § 12.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1297b/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1297b - Duties of the administrator and the agent
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1297b - Duties of the administrator and the agent
|
The administrator and the agent shall have the duty to act as the trustees of each owner of a lodging unit with respect to the operations and administration of the leasing program and as the trustees of all owners of the real property as to the administration of the common property, including incurring expenses and obligations and the contracting and subcontracting of services and supplies.
History —Aug. 12, 2008, No. 249, § 5.103; Dec. 16, 2009, No. 178, § 13; June 24, 2010, No. 67, § 13.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1297c/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1297c - Administrator’s removal
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1297c - Administrator’s removal
|
(a) The owners of lodging units may only terminate all leasing contracts as provided in the contents thereof. Absent any provisions to such purposes, the leasing contract may be terminated for “just cause”. For purposes of this section, the term “just cause” shall mean:
(1) A gross violation by the administrator of his/her fundamental obligations as provided in the leasing contracts;
(2) A gross violation by the administrator of his/her duty to act as the trustee of the owners of lodging units, and
(3) bankruptcy or insolvency, or the filing of a lawsuit to declare the administrator bankrupt or insolvent.
(b) The action to terminate all leasing contracts shall, by no means, be carried out individually.
(c) All costs and expenses incurred with respect to the administrator’s removal and replacement process shall be defrayed by the owners of lodging units and be deemed to be program administration expenses, except as otherwise provided in the master deed.
(d) When the administrator is removed from office pursuant to the provisions of this section, owners of lodging units (including the developer and his/her affiliates, if any of them are owners of lodging units) in the number and proportion set forth in the master deed, shall select a new administrator. Once the new administrator is selected, the corresponding leasing contract assignments shall be executed, which shall be recorded in the Property Registry pursuant to the procedures set forth in the Mortgage and Property Registry Act. In the event that a new administrator is not selected for any cause within the term and under the conditions set forth in the master deed, the regime shall be deemed to be dissolved and the provisions of § 1296(e) of this title shall apply.
(e) The provisions herein shall not be construed as to impair the right of an owner of a lodging unit to institute any actions that may be in order against an administrator for any violation by the latter of the terms of a leasing contract.
History —Aug. 12, 2008, No. 249, § 5.104; Dec. 16, 2009, No. 178, § 14; June 24, 2010, No. 67, § 14.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1298/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1298 - Collection of program administration expense fees
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1298 - Collection of program administration expense fees
|
In the event that the proceeds generated by a leasing program do not suffice to defray program administration expenses, the administrator may require that the owners of lodging units, if so allowed under the leasing contract, pay the portion of such expenses for which they are responsible, as such responsibility is established in the administration contract by means of a written notice. Each owner of a lodging unit in question shall be bound to make such payment in full within the term established therefor in the leasing contract. The administrator shall be entitled to institute any necessary or convenient legal actions, including the attachment of the lodging unit of the defaulting owner of a lodging unit in question, to ensure the satisfaction of the program administration expense fees, which having been duly notified, have not been satisfied as provided herein. The expenses incurred with respect to such legal actions shall be defrayed by the owner of a lodging unit in default. Insofar as the payment obligation provided herein is still not satisfied, the administrator shall also be empowered to deny the owner of a lodging unit in default his/her right to use and occupy his/her lodging unit and the common elements. The administrator shall also lease such lodging unit to condo hotel guests during the period in which the owner of a lodging unit in default would have had such right if it were not for the fact that he/she is an owner of a lodging unit in default, and use the rentals proceeds to which the owner of a lodging unit would otherwise be entitled under the leasing program, to satisfy the debt of such owner of a lodging unit in default.
History —Aug. 12, 2008, No. 249, § 6; Dec. 16, 2009, No. 178, § 15; June 24, 2010, No. 67, § 15.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1299/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1299 - Commercial units—Designation
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1299 - Commercial units—Designation
|
(a) The developer may designate as commercial units any independent use units in the real property that are not to be designated as lodging units or residential units, whether to sell them in fee simple or to lease them to third parties or for his/her own use for commercial purposes.
(b) Commercial units shall not participate under the leasing program or be subject to the payment of program administration expenses. Notwithstanding the foregoing, the owners of said units may, in their discretion and according to the terms individually agreed upon and from time to time, lease their units for commercial use and contract with the administrator or agent for them to act as the administrators thereof. The proceeds obtained and expenses incurred by the administrator or his/her agent as a consequence of said contracts shall not be part of the proceeds on account of the leasing program, program administration expenses or basic expenses. The expenses or proceeds resulting from said administration activities shall be at all times accounted for separately from the proceeds of the leasing program, program administration expenses or basic expenses. The funds managed by the administrator or his/her agent with respect to such contracts shall be deposited in accounts separate from the leasing program accounts or those related to the administration of the common property. The use of leasing program funds or any funds related to the administration of the common property with respect to such contracts is hereby prohibited.
History —Aug. 12, 2008, No. 249, § 7.101; Dec. 16, 2009, No. 178, § 16; June 24, 2010, No. 67, § 16.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1299a/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1299a - Commercial units—Payment of basic expenses
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1299a - Commercial units—Payment of basic expenses
|
(a) The person who acquires a commercial unit shall be responsible before the administrator or his/her agent for the payment of basic expenses, which shall be payable on a monthly basis, except as otherwise provided in the master deed. The administrator or his/her agent shall be entitled to budget and incur any basic expense without the consent of the owners of the commercial units.
(b) Each owner of a commercial unit shall be bound to pay the basic expenses attributable to his/her unit as provided in the master deed within the time frame and in the manner provided in the master deed. The administrator or his/her agent shall have the right to institute any and all necessary or convenient legal actions, including the attachment of the commercial unit of the defaulting owner in question, to ensure the satisfaction of the basic expense fee.
History —Aug. 12, 2008, No. 249, § 7.102, renumbered as art. 7.102 on Dec. 16, 2009, No. 178, § 17 and on June 24, 2010, No. 67, § 17.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1299b/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1299b - Commercial units—Participation in the decision-making process
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1299b - Commercial units—Participation in the decision-making process
|
No owner of a commercial unit shall be entitled to participate in the decision-making process relative to the administration of the condo hotel or to contest the actions that the administrator may take in the discharge of his/her duties as such, except as otherwise provided in the master deed or this chapter. Notwithstanding the foregoing, capital improvements shall only be carried out without the approval of the owners of commercial units if it so specifically provided in the master deed.
History —Aug. 12, 2008, No. 249, § 7.103, renumbered as art. 7.103 on Dec. 16, 2009, No. 178, § 18 and on June 24, 2010, No. 67, § 18.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1299c/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1299c - Commercial units—Condo hotel services; contracting capacity
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1299c - Commercial units—Condo hotel services; contracting capacity
|
The owner of a commercial unit may contract directly with the administrator or his/her agent for the purpose of receiving services from the condo hotel. Any revenues obtained and expenses incurred by the administrator or his/her agent shall not be part of the revenues on account of the leasing program, program administration expenses or basic expenses. The expenses or revenues resulting from said administration activities shall be at all times accounted for separately from the revenues of the leasing program, program administration expenses or basic expenses. The funds managed by the administrator or his/her agent with respect to such contracts shall be deposited in accounts separate from the leasing program accounts or those related to the administration of the common property. The use of leasing program funds or funds related to the administration of the common property with respect to such contracts is hereby prohibited.
History —Aug. 12, 2008, No. 249, § 7.104, renumbered as art. 7.104 on Dec. 16, 2009, No. 178, § 19 and on June 24, 2010, No. 67, § 19.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1299d/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1299d - Commercial units—Use of the commercial unit and the common property
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1299d - Commercial units—Use of the commercial unit and the common property
|
The owner of a commercial unit may use such unit and the common property subject to those restrictions reasonably provided in the master deed and the provisions of § 1296e of this title. The owners of commercial units shall comply with all restrictions imposed by the applicable law for the operation of said commercial units, and the administrator may require that such owners obtain public liability insurance policies with liability limits sufficient to protect the owners of the real property and the administrator or his/her agent, as well as any condo hotel guests and visitors against any risks that the intended use of said commercial unit may pose.
History —Aug. 12, 2008, No. 249, § 7.105, renumbered as art. 7.105 on Dec. 16, 2009, No. 178, § 20 and on June 24, 2010, No. 67, § 20.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1300/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1300 - Residential units—Designation
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1300 - Residential units—Designation
|
(a) The developer may designate as residential units, up to the maximum number provided in the master deed, any independent use units in the real property that are not to be designated as commercial units, whether to sell them in fee simple or to lease them to third parties or for his/her own use for residential purposes.
(b) Residential units shall not participate under the leasing program or be subject to the payment of program administration expenses. Notwithstanding the foregoing, the owners of said units may, in their discretion and according to the terms individually agreed upon and from time to time, lease their units for residential use and contract with the administrator or agent for them to act as the administrators thereof. The revenues obtained and expenses incurred by the administrator or his/her agent as a consequence of said contracts shall not be part of the revenues on account of the leasing program, program administration expenses or basic expenses. The expenses or revenues resulting from said administration activities shall be at all times accounted for separately from the revenues of the leasing program, program administration expenses or basic expenses. The funds managed by the administrator or his/her agent with respect to such contracts shall be deposited in accounts separate from the leasing program accounts or those related to the administration of the common property. The use of leasing program funds or funds related to the administration of the common property with respect to such contracts is hereby prohibited.
History —Aug. 12, 2008, No. 249, § 8.101, renumbered as art. 8.101 on Dec. 16, 2009, No. 178, § 21 and on June 24, 2010, No. 67, § 21.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1300a/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1300a - Residential units—Payment of basic expenses
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1300a - Residential units—Payment of basic expenses
|
(a) The person who acquires a residential unit shall be responsible before the administrator or his/her agent for the payment of basic expenses, which shall be payable on a monthly basis, except as otherwise provided in the master deed. The administrator or his/her agent shall be entitled to budget and incur any basic expense without the consent of the owners of the residential units.
(b) Each owner of a residential unit shall be bound to pay the basic expenses attributable to his/her unit as provided in the master deed within the time frame and in the manner provided in the master deed. The administrator or his/her agent shall have the right to institute any and all necessary or convenient legal actions, including the attachment of the residential unit of the defaulting owner in question, to ensure the satisfaction of the basic expense fees.
History —Aug. 12, 2008, No. 249, § 8.102, renumbered as art. 8.102 on Dec. 16, 2009, No. 178, § 22 and on June 24, 2010, No. 67, § 22.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1300b/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1300b - Residential units—Participation in the decision-making process
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1300b - Residential units—Participation in the decision-making process
|
No owner of a residential unit shall be entitled to participate in the decision-making process relative to the administration of the condo hotel or to contest the actions that the administrator may take in the discharge of his/her duties as such, except as otherwise provided in the master deed or this chapter. Notwithstanding the foregoing, capital improvements shall only be carried out without the approval of the owners of residential units if it so specifically provided in the master deed.
History —Aug. 12, 2008, No. 249, § 8.103, renumbered as art. 8.103 on Dec. 16, 2009, No. 178, § 23 and on June 24, 2010, No. 67, § 23.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1300c/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1300c - Residential units—Condo hotel services-contracting capacity
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1300c - Residential units—Condo hotel services-contracting capacity
|
The owner of a residential unit may contract directly with the administrator or his/her agent for the purpose of receiving services from the condo hotel. Any revenues obtained and expenses incurred by the administrator or his/her agent shall not be part of the revenues on account of the leasing program, program administration expenses or basic expenses. The expenses or revenues resulting from said administration activities shall be at all times accounted for separately from the revenues of the leasing program, program administration expenses or basic expenses. The funds managed by the administrator or his/her agent with respect to such contracts shall be deposited in accounts separate from the leasing program accounts or those related to the administration of the common property. The use of leasing program funds or funds related to the administration of the common property with respect to such contracts is hereby prohibited.
History —Aug. 12, 2008, No. 249, § 8.104, renumbered as art. 8.104 on Dec. 16, 2009, No. 178, § 24 and on June 24, 2010, No. 67, § 24.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1300d/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1300d - Residential units—Use
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1300d - Residential units—Use
|
The owner of a residential unit may use such unit and the common property subject to those restrictions reasonably provided in the master deed and the provisions of § 1296e of this title.
History —Aug. 12, 2008, No. 249, § 8.105, renumbered as art. 8.105 on Dec. 16, 2009, No. 178, § 25 and on June 24, 2010, No. 67, § 25.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1301/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1301 - Prescription of remedies
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1301 - Prescription of remedies
|
Any action or proceeding that any of the persons regulated under this chapter may wish to institute to enforce any of the provisions of this chapter shall be initiated within three (3) years as of the date on which said person became aware or should have become aware of the facts which would provide the grounds for such action or proceeding.
History —Aug. 12, 2008, No. 249, § 9.101, renumbered as art. 9.101 and amended on Dec. 16, 2009, No. 178, § 26; renumbered again as art. 9.101 and amended June 24, 2010, No. 67, § 26.
|
https://law.justia.com/codes/puerto-rico/title-thirty-one/subtitle-2/part-iii/chapter-151/1301a/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305)›Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875)›PART III - Common Ownership of Property (§§ 1271 — 1303)›Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303)›§ 1301a - Gross operating revenues and fees; restrictions to claims against the administrator or age...
|
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1301a - Gross operating revenues and fees; restrictions to claims against the administrator or agent
|
(a) Notwithstanding the provisions of any other law, it is hereby prohibited to institute, as part of the administrative or judicial proceedings (including, but not limited to actions for construction defects) to which the administrator or the agent is a party, or as a consequence of any administrative or judicial proceeding to which the administrator or the agent is a party, the attachment, encumbrance or use of the following to satisfy any ruling, order or resolution issued against said administrator or agent:
(1) The gross revenue generated or that may be generated by the leasing of the lodging units or by the use, sale or lease of common elements as a consequence of the leasing program, or by the use, lease or sale of common property; or
(2) the payments that the administrator or his/her agent may receive or is entitled to receive from any person to satisfy basic expenses, program administration expenses or capital improvements, or
(3) the revenues received or earned by investing the funds mentioned in clauses (1) and (2) of this subsection.
(b) The following may only be attached or encumbered or used to satisfy any ruling, order or resolution issued against said administrator or his/her agent for the purposes described in subsection (a) of this subsection and any other purpose permitted by law:
(1) The proceeds that the administrator or his/her agent may receive or is entitled to receive as the owner of one or more lodging units, as a consequence of having included the lodging units that he/she owns into the leasing program, or
(2) the revenues that the administrator or his/her agent may receive or is entitled to receive as fees for discharging his/her duties as administrator or agent as provided in the mandatory leasing contract and the administration contact or as administrator or owner of a commercial unit or residential unit, or
(3) the revenues received or earned by investing the funds mentioned in clauses (1) and (2) of this subsection.
History —Aug. 12, 2008, No. 249, § 9.102, renumbered as art. 9.102 and amended on Dec. 16, 2009, No. 178, § 27; renumbered again as art. 9.102 and amended on June 24, 2010, No. 67, § 27.
|
Subsets and Splits
Unemployment Word Count by State
Calculates the total word count of documents related to unemployment in each state, revealing insights into the volume of unemployment-related content by location.
CO Title 8 Word Count
Calculates the total number of words in the content of entries related to 'Title 8' in Colorado, providing insight into the volume of text data available for that specific category and state.