2023 Laws of Puerto Rico › TITLE SEVENTEEN - Housing (§§ 1 — 1546) › Chapter 24 - Public Housing Projects Conveyance (§§ 730 — 739) › § 736a - Provisions for the purchase; sale

In those cases where the plan approved contemplates the sale of housing units in buildings to families, the approved plan shall contain provisions that establish the project’s scheme of operations, which will include elements of administration, financing, and maintenance of the projects and the qualification and training of the residents.
In these cases, the deed of sale shall include provisions requiring the buyers to:
(1) Accept the obligation and have the capacity to make the payments for the operation, maintenance and reserves for which they are legally liable, when the time comes to do so.
(2) Agree to the contracting of services of an entity for the operation and maintenance of the building.
(3) Agree to comply with the provisions of the Horizontal Property Act, §§ 1291 et seq of Title 31, the original deed, and the regulations of the condominium, when applicable.
(4) Be committed to receive training in the proper use of the property they acquire, and to qualify for the community life system of the condominiums.
Furthermore, in these cases, the deed of sale shall contain the following provisions that require the buyers to:
(1) Use the housing unit solely for their residence.
(2) In case of a conveyance, the new acquirer shall:
(a) Be eligible under the terms of this chapter and the regulations adopted thereunder, and
(b) be ready to assume the responsibility of contributing towards the administration and conservation expenses.
(3) The housing unit may be mortgaged or given as security only with the prior written consent of the Secretary, and in behalf of financial institutions approved by him/her. In the event of foreclosure and sale at public auction, the latter shall be held among those families who are eligible under the terms of this chapter.
(4) Transfers or leases shall be executed with the prior written consent of the Secretary, according to the terms of the norms, rules, and regulations adopted.
(5) In the event the family is dissolved, except by death, the title of the housing unit shall revert to the remaining family group, if eligible. The worth of the title of the member of the family whose absence causes the dissolution, shall be determined on its market value; Provided, That in cases of divorce, the court with jurisdiction in the suit shall make these determinations as part of its decision in the matter. In making its determination as provided in this section, the court shall take into consideration the social and economic conditions as well as the ability to pay of the family group that continues to enjoy the unit.
(6) Any violation of the conditions and restrictions provided in this section, or in any other clause established in the deed of sale by the buyer, could lead to the reversion of the property title to the Administration; or the Secretary, if he/she deems it convenient, may request any legal remedy he/she deems pertinent. Any transaction executed in violation of said conditions shall not confer any legal rights whatsoever.
Every deed shall contain provisions with regard to equitable easements and restrictive conditions directed to the enjoyment of the community in general, taking into account the specific characteristics of each community and the regular easements in favor of the providers of electric power, aqueduct and sewer, telephone, and other necessary services, to ensure that they shall continue to be furnished.
The public instruments executed by virtue of, or to comply with the ends and purposes of this chapter, shall be exempt from the payment of the fees and charges prescribed for the registration of documents, deeds, and other operations in the Puerto Rico Property Registry.
The Secretary may delegate in writing to any official or employee, the responsibility to appear at the execution of public title deeds conducted by virtue of this chapter.
History —June 20, 1996, No. 55, added as § 7 on Sept. 12, 1997, No. 120, § 9; Jan. 6, 1999, No. 9, § 1; July 28, 2010, No. 100, § 1.