reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XII - Receivership or Dissolution of Cooperatives (§§ 4550 — 4569) › § 4562 - Notice

Once the dissolution of a cooperative has been approved or decreed, the board of receivers [or] the Inspector shall cause a notice of the dissolution thereof to be published in a newspaper of general circulation thirty (30) days prior to the beginning of the liquidation. In case that the cooperative undergoing the process of dissolution lacks sufficient funds to publish said notice in a newspaper, the notice may be published at the office of the Collector of Internal Revenue in the municipality where the main office of the cooperative is located.
History —Sept. 1, 2004, No. 239, § 32.0.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XII - Receivership or Dissolution of Cooperatives (§§ 4550 — 4569) › § 4563 - Claim before receivers

Any member or person affected who has a claim against the cooperative shall file said claim before the board of receivers within three (3) months following the publication of the notice of dissolution.
History —Sept. 1, 2004, No. 239, § 32.1.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XII - Receivership or Dissolution of Cooperatives (§§ 4550 — 4569) › § 4564 - Distribution of assets

Upon the dissolution of the cooperative, its assets shall be liquidated and distributed in the following order:
(1) Reasonable expenses incurred by the board [of] receivers.
(2) All insured obligations.
(3) All obligations except those incurred by virtue of certificates of indebtedness and loan capital.
(4) Loan capital, if any.
(5) Certificates of indebtedness to holders thereof.
(6) Par value of common and preferred stock, if any.
If after the aforementioned distribution has been carried out, corporate reserves remain in whole or in part, they shall not be distributed among the members and they shall be destined for and form part of the savings of the federation of the sector, and in default thereof, of the League of Cooperatives.
History —Sept. 1, 2004, No. 239, § 32.2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XII - Receivership or Dissolution of Cooperatives (§§ 4550 — 4569) › § 4565 - Petition to halt the procedures for dissolution

Any person having the [intent to sue] a cooperative undergoing procedures for dissolution, and with the purpose of preventing or annulling said procedure for receivership, shall file the corresponding action before the competent Court of First Instance within thirty (30) days following the publication of the notice for dissolution. Said action shall be notified to the Inspector of Cooperatives and to the Chairperson of the board of receivers or to any of the receivers, if no person has been designated as Chairperson of said board.
History —Sept. 1, 2004, No. 239, § 32.3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XII - Receivership or Dissolution of Cooperatives (§§ 4550 — 4569) › § 4566 - Diverse petitions

The board of receivers, the Inspector of Cooperatives, any affected member and any creditor of the cooperative may resort to the competent Court of First Instance to request it to issue orders and resolutions regarding the following cases:
(a) The sale and disposal of any remaining property of the cooperative or division or distribution in favor of the members or other persons entitled to it.
(b) The payment, whole or in part, of the claims and suits against the cooperative and the withholding of funds for that purpose.
(c) The existence of any trust constituted by or for the cooperative, if it concerns the disposal of any property of the cooperative.
(d) Any other matters requiring court action.
History —Sept. 1, 2004, No. 239, § 32.4.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XII - Receivership or Dissolution of Cooperatives (§§ 4550 — 4569) › § 4567 - Custody of documents

The Inspector of Cooperatives shall be the custodian of the books and documents of the dissolved cooperative. He/she shall retain those documents deemed pertinent for a period of not less than three (3) years from the date that the certificate of registration was cancelled.
History —Sept. 1, 2004, No. 239, § 32.5.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XII - Receivership or Dissolution of Cooperatives (§§ 4550 — 4569) › § 4569 - Cancellation of the certificate of registration

The final report of the board of receivers, duly signed and sworn to by all its members shall be approved by the Inspector of Cooperatives. Once the report has been approved, the Inspector shall notify the Secretary of State of the Commonwealth of Puerto Rico, who shall proceed to register it and issue the certificate of dissolution of the cooperative. A copy of the final report and of said certificate shall be kept by the Inspector of Cooperatives, who shall remit a copy to the receiver or the board of receivers. In case the cooperative has no assets and the receivers do not comply with the submission of said final report, the Inspector, through a sworn statement, may request of the Secretary of State, the cancellation of the registration of the cooperative undergoing dissolution.
History —Sept. 1, 2004, No. 239, § 32.7.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIII - Associated Labor Cooperatives (§§ 4570 — 4577) › § 4570 - Purpose

Associated labor cooperatives are those whose purpose is the shared execution of productive services or professional work with the goal of providing stable and convenient work sources for themselves in which their worker members manage all activities for the purpose of generating productive activities which allow them to receive financial and social benefits. The property regime of the production means in these cooperatives is of a social and indivisible nature.
History —Sept. 1, 2004, No. 239, § 34.0.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIII - Associated Labor Cooperatives (§§ 4570 — 4577) › § 4571 - Definitions

(a) Associated labor cooperatives. — Shall mean those cooperatives whose members contribute work and capital for the development of [an] entrepreneurial activity for the production in common of goods and services for third parties in which most of the capital of the cooperative is owned by the workers.
(b) Worker-members. — Shall mean natural persons who are legally able to perform any economic activity for the cooperative, whether professional or for the production of goods and services of any sort, in exchange for participation in its government and in the earnings generated by the cooperative, including persons over eighteen (18) years or more, provided that their parents with patria potestas or their guardian give their express written consent thereto.
(c) Non-member workers. — Shall mean employees contracted by the cooperative who are not members thereof, but carry out work in exchange for a salary.
(d) Collaborators. — Shall mean non-profit natural or juridical public or private persons who contribute to the corporate capital pursuant to the provisions of the bylaws and the articles of incorporation of the cooperative. The collective contributions of the workers shall not exceed forty-five percent (45%) of the corporate capital of the cooperative.
(e) Chief executive. — Shall mean a duly qualified person appointed by the Board of Directors to conduct the administrative duties of the cooperative. The Board of Directors shall establish in writing the selection criteria and qualifications that such administrator shall have, according to the demands of the cooperative, as well as the terms, conditions and responsibilities of the position, if they are in addition to those established herein.
History —Sept. 1, 2004, No. 239, § 34.1.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIII - Associated Labor Cooperatives (§§ 4570 — 4577) › § 4572 - Membership requirements

The bylaws of the cooperative shall establish the term of the probation period and the conditions for granting membership to worker-members.
History —Sept. 1, 2004, No. 239, § 34.2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIII - Associated Labor Cooperatives (§§ 4570 — 4577) › § 4573 - Number of members required

Associated labor cooperatives shall be constituted by a minimum of five (5) members with legal capacity to contribute their productive work. The number of members shall be determined by the productive resources of the cooperative and its ability to generate regular work positions. The cooperative shall not be bound to maintain or accept new members when said number of members is surpassed.
History —Sept. 1, 2004, No. 239, § 34.3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIII - Associated Labor Cooperatives (§§ 4570 — 4577) › § 4574 - Admission and reduction of members

Once a worker requests admission to the Board of Directors as a member, the Board shall have a maximum of six (6) months to accept or reject his/her request. Permanent cessation as a worker in the cooperative shall determine cessation as a worker-member.
The definite reduction of the number of member work positions in the cooperative shall only be used to maintain its entrepreneurial feasibility when the Board of Directors or the assembly of members so determine due to financial, technical, or organizational causes, or due to force majeure. The bylaws of the cooperative shall provide regarding these matters.
History —Sept. 1, 2004, No. 239, § 34.4.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIII - Associated Labor Cooperatives (§§ 4570 — 4577) › § 4575 - Capital contributions

Worker-members as a group shall own not less than fifty-five percent (55%) of the corporate capital of the cooperative. No members may individually own more than forty-five percent (45%) of the corporate capital.
History —Sept. 1, 2004, No. 239, § 34.5.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIII - Associated Labor Cooperatives (§§ 4570 — 4577) › § 4576 - On work committees within the cooperative

All associated labor cooperatives with less than eight (8) members shall be exempted from the duty to elect or appoint a supervision committee, in which case the assembly shall provide for said position to be filled by a member who is not a member of the Board of Directors.
History —Sept. 1, 2004, No. 239, § 34.6.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIII - Associated Labor Cooperatives (§§ 4570 — 4577) › § 4577 - Exemptions

All income obtained from preferred shares or loans granted to the associated labor cooperative shall be exempted from the payment of income tax pursuant to state laws.
History —Sept. 1, 2004, No. 239, § 34.7.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIV - Housing Cooperatives (§§ 4580 — 4589) › § 4580 - Definition

Housing cooperatives are those devoted to the administration, purchase, construction, sale, lease, and to any other activity related to housing and community living. Their purpose is to provide adequate housing for low and moderate income families, to ensure a peaceful and safe environment for the community, to educate members of the cooperative and residents of the community with respect to the principles of self-management, responsibility and community living; and to further this type of alternative housing cooperative to increase effectiveness in the achievement of these goals. It is in the interests of the Commonwealth of Puerto Rico to provide for the protection and development of this type of housing.
History —Sept. 1, 2004, No. 239, § 35.0.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIV - Housing Cooperatives (§§ 4580 — 4589) › § 4581 - Members

The rights and duties of members of housing cooperatives apply solely to natural persons of legal age who belong to the same family and reside in the same housing unit, according to the books of the cooperative and in compliance with the bylaws of the aforesaid. Juridical persons are excluded from participating as members.
Each cooperative shall have bylaws to govern the operations of the cooperative. All housing cooperatives, including those of titleholders, shall be bound to inform each candidate to membership regarding the bylaws, conditions, rights and responsibilities of the person once he/she achieves the status of member. This shall include informing him/her of the causes and conditions which may cause the loss of membership or rights as a titleholder, as the case may be.
History —Sept. 1, 2004, No. 239, § 35.1.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIV - Housing Cooperatives (§§ 4580 — 4589) › § 4582 - Joint membership

The rights of the original member may be exercised by any family members of legal age and who comply with the provisions established in the bylaws of the cooperative, through a written order by the member specifically stating the right the exercise of which is being delegated, the reason for which the member is not able to exercise said right, the purpose and the term for which such delegation is to be limited. Voluntary withdrawal from the cooperative is a right that cannot be delegated.
The registries of the cooperative shall contain the name and surname of those family members of legal age who may exercise the rights of membership delegated to them in order of preference.
History —Sept. 1, 2004, No. 239, § 35.2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIV - Housing Cooperatives (§§ 4580 — 4589) › § 4583 - Transfer of the rights of members

Should there be a change in the civil status of the member, whether due to a divorce, separation or any other cause, or if any other event takes place which bars the member from continuing as a member of the cooperative, the Board of Directors shall make an evaluation as to whether the remaining person or family complies with the requirements for admission established in the bylaws of the cooperative. If said requirements are not met, the Board of Directors may issue an order to vacate the housing unit, pursuant to the procedures established in this chapter and in the bylaws of the cooperative.
History —Sept. 1, 2004, No. 239, § 35.3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIV - Housing Cooperatives (§§ 4580 — 4589) › § 4584 - Improper conduct

Every member of a housing cooperative shall incur improper conduct when said member, a member of the family unit or a visitor commits any of the following faults:
(a) When the conduct of the member, or any of the persons who reside with him/her in the same housing unit, or through any third party, is unlawful or otherwise causes an unhealthy or dangerous condition for the community or the real property, or constitutes a hindrance against the safety or peace of the neighbors;
(b) when the member or person belonging to his/her family nucleus, or through any third party fails to comply with the bylaws of the cooperative, the housing contract, or the agreements of the Board of Directors;
(c) when the member has conveyed to another person the use of the housing unit, in whole or in part, without due authorization from the Board of Directors, in violation of the written contract established between the parties;
(d) when the member devotes the housing unit to a purpose other than that agreed upon in the contracts with the cooperative;
(e) when the member or a person belonging to his/her family nucleus, on their own or through third parties, alters the structure of the housing unit or causes considerable damage to the property, on their own or through third parties, whether maliciously or negligently;
(f) when the member or a person belonging to his/her family nucleus, on their own or through third parties, physically attacks employees, residents or any other person within the property of the cooperative, and
(g) when the member or a person belonging to his/her family nucleus, on their own or through third parties, vandalizes property belonging to the cooperative or to any of its residents.
History —Sept. 1, 2004, No. 239, § 35.4.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIV - Housing Cooperatives (§§ 4580 — 4589) › § 4585 - Determinations of the Board

When a member fails to fulfill his/her payment obligations to the cooperative or incurs improper conduct, as defined in § 4584 of this title, the Board of Directors may make the following decisions, after a summons and hearing:
(a) Accept the allegations of the member and dismiss the case;
(b) admonish the member verbally or in writing;
(c) impose upon the member fair penalties in proportion to the conduct incurred, including conditions or probationary terms, in addition to those that are allowed pursuant to the bylaws;
(d) suspend any of the utilities originating from a common area enjoyed by the member, such as water, electric power, and television and telephone systems, or the use and enjoyment of the common areas of the cooperative in cases of failure to comply with payments, and
(e) separate the member depriving him/her of his/her rights as such and granting him/her a term of thirty (30) days to vacate the unit. In the case of the separation of members in cooperatives subject to the member-owner cooperative housing regime, the latter may acquire the housing unit or allow the member to sell it, following the procedures established in the general rules.
All determinations of the Board shall be made within thirty (30) days following the date of the hearing and the member shall be notified at his/her last known address, personally or by certified mail, in a term which shall not exceed ten (10) days from the date on which the decision is made.
History —Sept. 1, 2004, No. 239, § 35.5.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIV - Housing Cooperatives (§§ 4580 — 4589) › § 4586 - Procedure for expulsion

In the case of housing cooperatives, when the Board of Directors determines that a member is delinquent in complying with the periodic monetary contributions contracted with the cooperative, or has incurred conduct which is improper or unacceptable as defined in § 4584 of this title, it may separate said member and deprive him/her of the rights and benefits in the cooperative, pursuant to the procedure established hereinbelow:
(a) The Board shall grant the member, with prior opportunity to be heard at a hearing held before it, after being notified at least ten (10) days before the hearing. Said notice shall be delivered personally or by certified mail to the last known address of the member.
(b) Said notice shall include the date, time and place of the hearing, a statement providing the legal authority to hold the hearing, and a brief statement of the allegations against the member.
(c) The hearing shall be carried out simply and informally, without the need to comply strictly with the evidentiary procedures of the administrative, adjudicative and judicial systems.
(d) The member may be represented or advised by an attorney.
(e) If the member fails to appear at the hearing and does not justify said absence, the Board may proceed to separate the member by completely depriving him/her of every right he/she may have as such and granting him/her thirty (30) days to vacate the unit.
History —Sept. 1, 2004, No. 239, § 35.6.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIV - Housing Cooperatives (§§ 4580 — 4589) › § 4587 - Recourse to the court in case of eviction

Should the Board determine that a person is to be evicted and said person does not comply within thirty (30) days, the Board of Directors may request the issue of an eviction order to demand compliance with said determination from a competent part of the Court of First Instance. Said request shall have priority in the calendar of the court, since it is a summary proceeding.
Any eviction order issued by the court shall specify a term of forty (40) days from the date the notice of said order is issued for the eviction to take place. The court order shall be accompanied by a certified copy of the decision of the Board and must be notified to the Secretary of the Department of the Family and the Secretary of the Department of Housing.
History —Sept. 1, 2004, No. 239, § 35.7.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIV - Housing Cooperatives (§§ 4580 — 4589) › § 4588 - Review by the court

Any person who has adversely affected by the final decision of the Board of Directors and who has exhausted every legal recourse presented before the Board shall be entitled to have the Court of First Instance review said decision.
The provisions in this subchapter shall be construed considering the protection of the special social nature of this type of community housing and cooperative law, and no other guidelines shall be applied whose effect is contrary to this. For example, provisions regarding what constitutes improper conduct shall not be construed pursuant to the strictest standards of criminal law.
The proceedings for the judicial review shall be initiated by filing the corresponding petition at the competent part of the Court of First Instance within thirty (30) days after delivery by certified mail of the notice of the final decision of the Board. This term shall be jurisdictional in nature. Copies of the petition shall be delivered to the Board and to the parties involved.
The act of filing the petition for a judicial review shall not prevent the decision of the Board from being put into effect unless the court of review orders its suspension while the review is pending, upon due justification therefor.
Any party who is adversely affected by the judgment issued by the Court of First Instance may request a review of said ruling through writ of certiorari within thirty (30) days after the decision of the Court of First Instance is filed. This term shall be jurisdictional in nature.
History —Sept. 1, 2004, No. 239, § 35.8.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XIV - Housing Cooperatives (§§ 4580 — 4589) › § 4589 - Exemption from payment of excise taxes

In addition to the exemptions established in this chapter, and notwithstanding the provisions of § 4525 of this title, housing cooperatives shall be exempt from the payment of excise taxes and the sales and use tax on any supplies or equipment acquired to render services that are compatible with their objectives and purposes.
History —Sept. 1, 2004, No. 239, § 35.9; June 30, 2013, No. 40, § 6.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4590 - Public policy statement

It is the public policy of the Commonwealth of Puerto Rico to promote the creation of housing cooperatives in which the members own exclusive titles to their housing units within the legal framework of cooperatives as an additional alternative which shall result in better quality of life, self-management initiatives and community organization, as well as security for low and moderate income families. Since this is a voluntary regime, private property is subject to rules of conduct normally established in housing cooperatives and restrictions on the powers to dispose in order to avoid speculation and ensure the preservation and development of the cooperative property and capital. The provisions in this subchapter shall be liberally construed in order to achieve the social purposes contained in this public policy and for the preservation of the cooperative entity.
History —Sept. 1, 2004, No. 239, § 35A.0.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4591 - Creation and definition

The “Member-Owner Cooperative Housing Regime”, which has been especially designed for housing cooperatives, is hereby created in order to make feasible for members to own individual housing units in a building or real property subject to said regime pursuant to the criteria which shall be established hereinbelow. In this regime, in which the common elements shall always be the exclusive property of the cooperative, the member designated as member-owner of a housing unit, shall be entitled to the benefits of his/her housing unit and the common elements, provided that he/she does not infringe upon the right of the other member-owners to the benefits of their respective housing units and that he/she complies with the rules and bylaws of the cooperative and the provisions of this chapter. Membership shall be an essential requirement to be able to own a housing unit under this regime. Only natural persons may be member-owner under this regime. Every owner shall acknowledge that the exercise of his/her ownership rights is subject to the rules of peaceful coexistence and respect for the rights of others. In the exercise and assertion of their rights, the owners shall conduct themselves according to the principles of good faith, the prohibition on going against his/her own acts and the doctrine on abuse of rights, as well as the demands of community living in a cooperative. In order to preserve the status of cooperative of the property, the cooperative shall always have full ownership rights over all the common areas and elements of general use, designated as common elements of the property, and any agreement otherwise shall be null and void.
History —Sept. 1, 2004, No. 239, § 35A.1.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4592 - Applicable law

The provisions in this subchapter shall apply solely to the housing unit and common elements owned by the housing cooperatives that expressly state their will to subject the real property to this regime by registering it through of a public instrument and registration with the Property Registry. The regime may be established over real property located on land owned by others, provided that the owner of the land grants to the cooperative the leasing, usufruct or surface rights in perpetuity, or otherwise transfers the right of use without the transfer of ownership rights. The deed to establish the regime shall clearly and specifically state the purpose and use of all areas which comprise the real property, and, unless otherwise authorized in this chapter, once established, said purpose and use shall only be changed with the unanimous consent of the members of the cooperative. The members of the cooperative shall be given orientation and education on this organizational concept and on the cooperative principles, values and doctrines prior to the establishment of the regime or to becoming a member of a cooperative under said regime, including orientation regarding the causes and conditions for the loss of membership or rights as member-owner, as the case may be.
History —Sept. 1, 2004, No. 239, § 35A.2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4593 - Transfers of titles

Once the real property is constituted under this regime pursuant to this subchapter, the aforementioned housing units may be transferred and encumbered individually, become objects of control or possession and of any other type of inter vivos or causa mortis legal acts, independent from the remainder of the real property of which they are part, subject to the provisions in this subchapter and the regulations approved pursuant to it, and the corresponding deeds shall be registered in the Property Registry, according to the provisions of this chapter and of the Mortgage Law and the Property Registry Act, §§ 2001 et seq. of Title 30.
History —Sept. 1, 2004, No. 239, § 35A.3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4594 - Housing unit

For the purposes of this chapter, a housing unit shall be deemed to be with respect to a building or multi-family complex as any sufficiently delimited structure, consisting of one or more closed, partially closed or open cubic spaces and their ancillary facilities, if any, even if they are not adjoining, provided that said structure is suitable for independent use for housing purposes and that it has a direct access to public thoroughfares or to certain common spaces leading to a public thoroughfare. In single family structures, a housing unit shall mean any structure to be used for housing purposes.
History —Sept. 1, 2004, No. 239, § 35A.4.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4595 - Common elements

Common elements are those which belong to the cooperative and are not subject to individual ownership by the member-owners.
In multi-family structures the general elements shall be the following:
(a) The offices of the cooperative, community centers and all areas reserved for recreational activities.
(b) The foundations, framing walls and load-bearing walls, roofs, corridors, lobbies, stairs, and entrances or exits.
(c) Projection, this being understood as the right to project vertically.
(d) Patios, basements and gardens, except for those located within the area of a housing unit.
(e) The areas destined to accommodate doormen, persons in charge and access control guard stations.
(f) Locations or facilities for central services, such as power, lighting, gas, hot and cold water, refrigeration, cisterns, tanks and water pumps, and others of similar nature.
(g) Elevators, waste incinerators and, in general, all devices or facilities that exist for the common good.
(h) All areas reserved for parking.
(i) All areas reserved for business.
(j) The land, when it is not the property of another, this being a matter of surface rights, the leasing or usufruct in perpetuity in favor of the cooperative or otherwise its use and enjoyment is transferred to the cooperative, but without the transfer of ownership rights.
(k) All else which is reasonably for the common use of the real property or necessary for its existence, conservation, security and adequate use and enjoyment.
The common elements in single family housing project shall be those provided in the general rules, the articles of incorporation and the bylaws of the cooperative.
History —Sept. 1, 2004, No. 239, § 35A.5.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4596 - Pro-common elements

Those housing units assigned to the cooperative, which it holds in a conversion and which it acquires by any other legal means shall be pro-common elements. Said units may be transferred or encumbered. Once transferred to a member-owner, they shall cease to be a pro-common element and become a private element. As long as they are pro-common elements, their maintenance and conservation shall be the responsibility of the cooperative, without prejudice to its right to take action against former owners or others, if that were the case, as provided in the general rules.
History —Sept. 1, 2004, No. 239, § 35A.6.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4597 - Private elements

Shall be those for the exclusive enjoyment of their respective owners as provided in the master deed for transfer in full ownership rights to its members.
History —Sept. 1, 2004, No. 239, § 35A.7.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4598 - Unanimous consent to encumber holdings and common areas

Cooperative holdings and the common areas cannot be encumbered without the unanimous consent of all the members.
History —Sept. 1, 2004, No. 239, § 35A.8.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4599 - Restrictions on the capability to establish liens

Member-owner shall not voluntarily establish any burdens or liens the effects of which contravene the nature of this type of cooperative or the express public policy to hinder or undermine the rights of the cooperative or any provision in this chapter or the general regulations. The corresponding norms to ensure such an endeavor shall be established in the general rules.
History —Sept. 1, 2004, No. 239, § 35A.9.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4600 - Changes to the purpose and use provided in the master deed

The purpose and use of all the real property areas and of the housing structures shall be established in the master deed of the cooperative of members-owner, and shall only be altered with the unanimous consent of the members-owner.
History —Sept. 1, 2004, No. 239, § 35A.10.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4601 - Mortgage credits

Mortgage credits constituted before submitting the real property to this regime shall be subject to the provisions of the Mortgage Law and of the Property Registry Act, §§ 2001 et seq. of Title 30, but the creditor, upon beginning the collections process, shall direct the action simultaneously for the total amount guaranteed against the cooperative and all the member-owners of the housing units encumbered by such credit. If said credits are constituted after the organization of the real property, the distribution of said credits shall be made according to the provisions of the Mortgage Law and of the Property Registry Act, establishing the amount or part of the lien that corresponds to each housing unit.
History —Sept. 1, 2004, No. 239, § 35A.11.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4603 - Contents of the individual deeds of the housing units

The deed of each housing unit shall state the circumstances established in subsection (b) of § 4602 of this title with respect to the housing unit in question and shall refer to the master deed, the articles of incorporation, the general rules and the bylaws of the cooperative, indicating it is subject to such and the restrictions that affect it. In the case of developers, attention shall also be given to the provisions of the Mortgage Law and of the Property Registry Act, §§ 2001 et seq. of Title 30, and its regulation.
History —Sept. 1, 2004, No. 239, § 35A.13.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4604 - Complementary documents of the master deed, exemptions on registration

The certified copy of the deed that originates the first registration of the entire real property and the certified copy that originates the first registration of the individual housing unit for its registration in the Property Registry shall be attached as complementary documents to the faithful and complete copies of the blueprints of said real property or the sketches of the housing unit in question, as the case may be, in order to file them in the Property Registry. Said blueprints shall be certified, without the payment of fees, by the Administrator of Regulations and Permits and shall graphically indicate the characteristics of the real property or housing unit, as the case may be.
When submitting an existing real estate property whose blueprints are not filed in the Regulations and Permits Administration to the regime, it shall be so stated in a certification issued to such effects by the Administrator. In such a case, a set of blueprints, as built, certified by an engineer or architect authorized to practice his/her profession in Puerto Rico, that graphically indicates the characteristics of the real property or housing unit, as the case may be, shall be added to a certified copy of the deed originated under said regime and to a certified copy of the deed originated by the registration of the individual housing unit.
The certified copy of the deed that originates the first registration of the entire real property for its registration in the Property Registry shall also have attached an appraisal of said real property certified by an appraiser authorized to practice his/her profession in Puerto Rico, in order to comply with the provisions of the Mortgage Law and of the Property Registry Act and its regulation, if so provided or required by the Honorable Registrar. However, the cooperative shall be exempted from the payment of registration fees, pursuant to the provisions in §§ 4525—4529 of this title. Said exemption is not extended to the registration of the rights of the member-owners on their respective housing units.
History —Sept. 1, 2004, No. 239, § 35A.14.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4605 - Procedure for registrations

This regime is organized in the Property Registry as a system of property connected one to another by marginal cross references notes. The registration of what is to be built on the land shall be carried out in the property in which the land appears registered and shall be denominated as the main property.
Each housing unit shall be registered as an individual property, in a particular registry filial to the main property, unless the structure is built on land owned by another, in which case the main property shall be the one in which the structure is registered. All these registrations shall be preceded by the words “Member-Owner Cooperative Housing Regime”.
History —Sept. 1, 2004, No. 239, § 35A.15.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4606 - Circumstances of the entry of the registration of the master deed

Upon registering the real property in the original property, those circumstances which are stated in § 2308 of Title 30, in accordance with the regulations established for its execution and with § 4602 of this title, shall appear as circumstances of the entry, except that regarding the description of each housing unit in the real property, for purposes of the registration in the master deed, it shall be sufficient to state the number [of] housing units in the real property, and the number and type of housing units on each floor or street, stating the number of each housing unit, all this without prejudice to the provisions of § 4607 of this title, for the registration of individual housing units. The works projected, those started and those concluded, as the case may be, shall also be stated. The common areas in favor of the cooperative shall also be registered therein.
History —Sept. 1, 2004, No. 239, § 35A.16.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4607 - Circumstances of the entry of the registration of the housing units

Upon registering the apartments in the filial properties, the circumstances of the entry shall be those established in § 2308 of Title 30 in accordance with those in the regulation promulgated for their execution and with § 4602 of this title, except for those stated in subsection (a) of § 4602 of this title.
Until the construction work on the land of the respective housing unit is begun, it cannot be registered as a filial or independent property. When the works of the housing units have begun, but are not yet concluded, those that are already built and those that are still pending construction shall be stated.
History —Sept. 1, 2004, No. 239, § 35A.17.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4608 - Inscription of projected or initiated construction works

Projected or initiated construction works which have been registered pursuant to § 4606 of this title, or construction works which have already begun pursuant to the provisions in § 4607 of this title, shall be declared in public deed at the conclusion of the works. Said statement shall be made by the interested parties and registered in the individual registration of the respective property. The final description of every housing unit built may be registered even though those projected works or works under construction appear registered, by making a cross reference in the margin in the master deed.
History —Sept. 1, 2004, No. 239, § 35A.18.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4609 - Records of the successive chain of title

The successive chain of title shall be carried out in the filial registries of the respective housing units.
History —Sept. 1, 2004, No. 239, § 35A.19.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4610 - Associations, acquisitions, and liens

Notwithstanding the provisions in § 4609 of this title, the addition of new stories or the acquisition of new adjoining lots by the cooperative to become part of the common areas of the real property shall be registered in the master deed. Likewise, the total or partial cancellation of liens prior to the construction of the real property under the member-owner cooperative housing regime and the preventative registrations or annotations expressly referring to the real property or to the common areas thereof, shall be made in the master deed and always with an annotation in the margin filial registers.
History —Sept. 1, 2004, No. 239, § 35A.20.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4611 - Segregation of common land

In the segregation of portions of common land transferred by the cooperative, the public deed shall contain a description of the real property exactly as it should remain after deducting the portions of land. This new description shall be included in the master deed.
History —Sept. 1, 2004, No. 239, § 35A.21.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4612 - Segregation, unit groupings

Unless the master deed, the bylaws of the real property or the Regulations and Permits Administration specifically prohibit it, the housing units and their ancillary facilities may be subject to material division through segregation to form other units subject to independent use, or may be increased by the grouping of other adjoining parts of the real property, but no segregation or grouping thus executed shall vary the purpose or use provided in the master deed for the housing unit so modified.
In such cases, in addition to the consent of the affected member-owners, the approval of the cooperative shall also be registered and it shall be the duty of the assembly of members to make the pertinent amendments to adjust the documents to the new conditions. The new description of the affected housing units shall be consigned in the public deed of individualization, segregation or grouping to be issued, which shall not take effect until it is registered in the individual registry of each of the affected filial properties, by filing a certified copy in the Property Registry, with the master deed. The master deed shall be amended pursuant to the changes made by means of an instrument which shall also be submitted for registration. Said certified copy shall be accompanied by a blueprint, certified by an engineer or architect authorized to practice his/her profession in Puerto Rico, which graphically and clearly indicates the details of the housing units or common areas, as they have been modified. In the case of segregation, said blueprint shall also be approved and certified by the Regulations and Permits Administration.
History —Sept. 1, 2004, No. 239, § 35A.22.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XV - Member-Owner Cooperative Housing Regime (§§ 4590 — 4640) › § 4613 - Registration of rights on tangible property

Whoever holds any tangible property rights over any housing unit that is not registered as a property may request its registration by following the provisions in the second paragraph of Section 442 through Section 448, both inclusive, of the Regulation for the Execution of the Mortgage Law.
When the property is registered in the name of a different person, the person holding the tangible property rights over the housing unit may request the registration of his/her right by following the pertinent provisions of § 2771 of Title 30. The requirement or requirements to the owner or owners of the real property that do not yet appear in the registry shall be notarized and for a term of ten (10) working days in order to register their right.
History —Sept. 1, 2004, No. 239, § 35A.23.