Condominium Act.

Chapter I. General Dispositions

Act No. 104 of June 25, 1958, Horizontal Property, was amended mostly in total by Act No. 103 of April 5, 2003, now to be known as Condominium Act.

Art. 1 Title

Condominium Act

Art 2 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.

Art 3 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.

Art 4 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.

Act 5 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.

Art 6 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.

Art 7 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.

Art 8 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.

Art 9 Mortgage credits constituted before or after submission to regime; consent of co-owners

(a) 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.

Art 10 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.

NOTE: Article 11 was recently amended by Act No. 76 of May 21st, 2011, to add a clause in section (6) for the mandatory installation of recycling bins.

Art 11 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 § 1291l-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) 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.

Art 11A. Transfer of common elements (Pro 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.

Art 12 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.

Art 13 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.

Art 14 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.

Art 14A 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.

Art 15 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 facade, nor decorate walls, doors, or exterior windows with colors or tones that differ from those of the development. Facade means the structure's architectural and aesthetic design, as it comes forth from the documents that comprise the condominium.

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.

Art 15A 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.

Art 16 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.

Art 17 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.

Art 18 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.

Art 19 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.

Art 20. 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.

Art 21 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.

SUBCHAPTER II. PUBLIC DEED OF HORIZONTAL PROPERTY; RECORDATION

31 L.P.R.A. § 1292 (2009)

Chapter II

Art 22 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.

Art 23 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.

Art 24 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; June 4, 1976, No. 157, p. 461, § 3; Apr. 5, 2003, No. 103, § 16.

Art 25 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.

Art 26 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.

Art 27 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.

Art 28 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.

Art 29 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.

Art 30 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.

Art 31. 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.

Art 32. 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.

Art 32A. 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.

Art 33. 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 Art 8, 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.

Art 34. 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.

Art 35. 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.

SUBCHAPTER III. ADMINISTRATION AND INSURANCE

31 L.P.R.A. § 1293 (2009)

Chapter III

Art 36. 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.

Art 36A 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.

LAWS OF PUERTO RICO ANNOTATED

Copyright; 1955-2011 by the Secretary of State of Puerto Rico and LEXISNEXIS of Puerto Rico, Inc.

All rights reserved.

*** This Session is current through December 2009 ***

TITLE 31. CIVIL CODE

SUBTITLE 2. PROPERTY OWNERSHIP AND ITS MODIFICATIONS

PART III. COMMON OWNERSHIP OF PROPERTY

CHAPTER 150. HORIZONTAL PROPERTY

SUBCHAPTER I. GENERAL PROVISIONS

31 L.P.R.A. § 1291 (2009)