reglab/statecodes huggingface dataset:
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) › § 4614 - Dissolution of the regime

The total of the owners of the real property constituted as a member-owner cooperative housing regime may renounce said regime and request from the Registrar the regrouping or unification of the filial properties in the master deed, provided that these are free of liens, or if otherwise, that the persons in whose favor the property is registered give their consent to substitute the guarantee they have with the corresponding participation to those member-owners in the entire real property within the regime of community assets stated in §§ 1271 et seq. of Title 31. They shall also comply with any requirements established in this chapter or in the general rules.
History —Sept. 1, 2004, No. 239, § 35A.24.
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) › § 4615 - Reconversion to the regime

The unification provided in § 4614 of this title shall not prevent the subsequent constitution of the real property into a member-owner cooperative housing regime in any way whatsoever, as many times as desired and according to the provisions in this chapter.
History —Sept. 1, 2004, No. 239, § 35A.25.
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) › § 4616 - Duties of the members regarding the housing unit

For purposes of the cooperative, there shall only be one member per housing unit. In the case of married couples, the spouses shall determine which one shall be the member. However, in the event of a divorce, all matters concerning titles and ownership shall be governed by § 4617 of this title. No member may be the member-owner of more than one housing unit.
Prior to their enrollment in the regime, the member-owner or residents shall be provided with a document that explains all their duties and responsibilities, including any situations that would entail the loss of the property rights.
History —Sept. 1, 2004, No. 239, § 35A.26.
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) › § 4617 - Rules for the use and enjoyment of the housing units

The property rights, use and enjoyment of the housing units shall be subject to the following rules:
The housing units shall not be used for any purposes that are unlawful, immoral or against good habits and cooperative principles. The housing units shall be exclusively used as housing for the family nucleus in the cooperative community. The transfer, lease or conveyance of the ownership of the housing unit, in whole or in part, shall not be allowed, even if free of cost.
The member-owner[s] shall make, at their own expense, any repairs, cleaning, security and improvements to their housing unit without altering the external facade nor decorating external areas with colors different from those agreed upon in the assembly of member-owner[s], and without disturbing the legitimate use and enjoyment of the other member-owner[s], unless otherwise established in the regulation of the cooperative. The exterior architectural design of the structure shall be understood to be the facade, as established in the master deed or in the bylaws of the member-owner cooperative.
In the event of a hurricane, storm or meteorological hazard warning, the use of any type of temporary or removable shutters shall not constitute an alteration of the facade when performed according to the general rules. Said shutters shall be removed immediately after the meteorological hazard is over.
Member-owner[s] are under the obligation to allow passing through the common area limits of their housing unit or apartment when necessary to conduct maintenance works or improvements to equipment or common elements. Said access shall be coordinated with the member-owner in question so that the enjoyment of the housing unit is affected as little as possible.
The owner of the housing unit shall maintain his/her condition of member-owner of the cooperative, and it shall so be established in the master deed of the cooperatives of member-owners when it is constituted.
All member-owners and resident of the housing unit shall be in strict compliance with the provisions in this chapter, the master deed, the general rules and the bylaws of the cooperative.
The member-owner shall be diligent in the use of the real property and of the common areas, and shall answer to the cooperative for any violations committed by any tenants, visitors or employees of the housing unit, without prejudice to any action which may be in order against such persons.
History —Sept. 1, 2004, No. 239, § 35A.27.
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) › § 4618 - Termination of the membership

Membership shall cease only for the following causes:
(a) Death of the member;
(b) resignation by the member;
(e) dissolution of the cooperative;
(d) in the case of a divorce or dissolution of the conjugal partnership, the spouses shall designate which one of them shall continue to be the member-owner; otherwise, it shall be understood that the membership has been waived, and
(e) the gross violation of rules of behavior, as established in the general rules.
The general rules shall establish, in detail, all matters pertaining to the procedures to be carried out in each case, including but not limited to, provisions on the rights of heirs and surviving spouses or ex spouses. The general rules shall also address cases in which the conjugal partnership is established by a consensual relationship.
History —Sept. 1, 2004, No. 239, § 35A.28.
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) › § 4619 - Provisions in case of sale

In the case of sale, the new resident shall be admitted as a member-owner of the cooperative, pursuant to the provisions in this chapter, prior to carrying out the housing unit sales transaction.
History —Sept. 1, 2004, No. 239, § 35A.29.
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) › § 4620 - Administration

The highest authority of the cooperative of member-owners shall be the general assembly of member-owners, whether regular or extraordinary, and its decisions shall be binding for the Board of Directors, the committees and all the member-owners, whether present or absent, provided that its decisions are adopted pursuant to law and the regulations. Every cooperative of member-owners shall hold at least one general assembly of members per year. Regarding the notification of all assemblies, the dates and quorum shall be established in the general rules.
In addition to those provided in this chapter, the duties of the assembly of member-owner shall include the following:
(a) Establish the general policy of the member-owner cooperative and receive the reports of the Board of Directors and of the respective committees established by law or regulation;
(b) establish the maintenance fees or mandatory contributions in addition to those established in the regulation, upon evaluation and recommendation of the Board of Directors, and
(c) make decisions regarding the use of reserves in the case of extraordinary expenses as they are defined in the general rules.
The challenging of the decisions of the assemblies of member-owners shall be filed through recourse of review before the Office of the Inspector of Cooperatives. Those powers, rights and obligations granted to the Board of Directors, the supervision committee or any other directing body by this chapter shall not be altered in an assembly.
History —Sept. 1, 2004, No. 239, § 35A.30.
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) › § 4621 - Alternate procedure for notifying members

When a decision requiring the vote of two-thirds (⅔) of the member-owners cannot be adopted in an assembly, those who did not attend shall be notified by certified mail of the details of the agreement made by the majority and granting thirty (30) days from the date of the notification to state, in writing, their opposition to said agreement. The members who do not state their discrepancy within the established term shall be considered to be in favor of the proposal.
History —Sept. 1, 2004, No. 239, § 35A.31.
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) › § 4622 - Additional duties of the Board of Directors

The duties of the Board of Directors for the member-owners cooperative housing regime in addition to those established in this chapter shall be the following:
(a) Contract and supervise the administrator of the cooperative, whether a natural or juridical person, who shall carry out the functions, duties and responsibilities established by law, the regulation or those delegated to it by the cooperative through a contract. The administrator, whether a natural or juridical person, shall be certified as a qualified housing cooperative administrator by the Cooperative Development Administration or by a competent entity with authority to do so.
(b) Approve the annual income and expense budget, based upon, among others, the maintenance fees that apply to the member-owners according to the regular and necessary expenses for the best operations of the cooperative.
History —Sept. 1, 2004, No. 239, § 35A.32.
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) › § 4624 - Payment of maintenance fees

The payment of maintenance fees or lack thereof and other matters shall be governed by the following norms:
All member-owners are bound to contribute with the payment of the maintenance fees established by regulation or the assembly of members.
Said fees shall be paid in monthly installments and shall be due on the first day of each month. The member-owner shall have a grace period of ten (10) days to pay or otherwise sanctions or conditions may be imposed, pursuant to the general rules.
Any member who owes the equivalent of three (3) installments shall be deprived of his/her rights as a member to participate with voice and vote and to elect or be elected in the assembly of the cooperative until the total amount of the debt is settled. In addition, he/she may be suspended from any service provided from a common area, such as water, electricity, telephone or other utilities, or the use and enjoyment of the common areas of the cooperative, except for those common areas that are essential for access to the housing unit.
The debts of the members with the cooperatives shall constitute a lien upon their housing unit. Any voluntary or involuntary acquirer of a housing unit shall be solidarily liable for said debt, without prejudice to his/her right to collect from the grantor those amounts he/she paid as joint debts.
If the mortgage creditor of a housing unit acquires it involuntarily through the foreclosure of a mortgage, he/she shall assume the responsibility to continue to pay the contributions corresponding to said housing unit.
Mortgage credits constituted prior to submitting the real property to this regime shall be subject to the provisions of the Mortgage Law and the Property Registry Act, §§ 2001 et seq. of Title 30, but the creditor, upon initiating the procedure for their collection, shall direct the action simultaneously for the total amount guaranteed against the cooperative and all the member-owners of the housing units that are subject to such credits. If said credits are constituted after the organization of the real property, they shall be distributed in the manner provided in the Mortgage Law and the Property Registry Act, §§ 2001 et seq. of Title 30, establishing the amount or part thereof for which each housing unit shall be responsible.
History —Sept. 1, 2004, No. 239, § 35A.34.
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) › § 4625 - Procedure for improper conduct

When a member-owner incurs any improper conduct, as defined in this chapter, the Board of Directors shall summon said member to a hearing, notifying him/her in advance in a term of not less than ten (10) days nor more than thirty (30) days, guaranteeing due process of law, which shall include: the date, time and place of the hearing, due notice of the charges, opportunity to present adequate defense, whether personally or through legal counsel, the right to examine the records of the case and to testify, present witnesses and evidence in his/her defense, to cross examine witnesses and adverse evidence. The Board of Directors shall record the proceedings and shall guarantee an official record of the hearing. All decisions issued by the Board of Directors shall contain findings of fact and findings of law pursuant to the law and the regulations that may apply and shall always act as an impartial judge that issues decisions founded upon the evidence that is presented and the merits of the proceedings.
The Board of Directors shall name an impartial examiner to hear the evidence and submit recommendations.
Violations to the norms of conduct of a grave nature which may entail the loss of member status, which in turn implies the dissolution of the acquisition of property rights over the housing unit shall be governed pursuant to the provisions of the master deed and the general rules, stated as a condition for resolution or a resale agreement in the case of the loss of member status. In such a case, the cooperative shall acquire the housing unit or shall give the affected party reasonable time to sell it to a qualified member. This remedy may be used as an alternative or jointly with any other legal remedy or one established by regulation. Grave violations shall be those pertaining to conduct that directly damages the community or the cooperative, such as assault, threats, mutilation or death of any member or his/her relatives, vandalism, disturbance of the peace, theft, or any other such act which takes place within the premises of the cooperative which is directed against any member or any person who works in or visits the premises.
Any improper conduct in which the member-owner may engage which entails a grave nature shall be defined in the general rules, thus guaranteeing due process of law to the affected member.
All determinations issued by the Board of Directors shall be made within thirty (30) days following the date on which the hearing is held and shall be notified to the member within a term of not more than ten (10) days of the date on which the determination is issued, at the last known address, delivered personally, or sent by certified mail.
History —Sept. 1, 2004, No. 239, § 35A.35.
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) › § 4626 - Guarantees

The debts of the members with the cooperative shall constitute a lien over their housing unit. Any voluntary or involuntary acquirer of a housing unit shall be jointly responsible for such a debt without prejudice to his/her right to collect from the grantor those sums he/she has paid as joint debts which the acquirer may register in the Property Registry.
The cooperative shall impose a lien upon the housing unit of the member-owner for any debt and may resort to the mechanism of seizure provided by the Rules of Civil Procedure and the Mortgage Law.
History —Sept. 1, 2004, No. 239, § 35A.36.
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) › § 4627 - Subordination of rights to member status

All property rights over the housing unit shall be subject to maintaining the status of member the cooperative of the member-owners. Loss of membership by a member-owner for any reason established in this chapter or in the general rules shall give to the cooperative preferential rights for the acquisition of the housing unit in question, as established herein. If after six (6) months have elapsed, since the loss of membership by the member-owner or before, if the parties reach an agreement, and the member-owner has not been able to sell or legally transfer the title of his/her housing unit to a person who qualifies and is accepted as a member of the cooperative, the cooperative may acquire the housing unit for the appraisal value established by an appraiser licensed in the Commonwealth of Puerto Rico. During said six (6) month period, the owner shall be bound to inform the cooperative of any offer for the purchase or transfer of the title he/she accepts. The cooperative shall have preferential rights for the acquisition of the housing unit at the same price given to the third party that made an offer. The procedures to ensure that the offer is bona fide, reasonable and proportional to the appraisal shall be established in the general rules. When it acquires the housing unit at appraisal price, the cooperative may collect from the member-owner a charge based on a percentage of the sales price for administrative, appraisal and legal expenses incurred. The formula to calculate these charges and the alternative of reducing said charge by an agreement favorable to the cooperative shall be established in the general rules.
History —Sept. 1, 2004, No. 239, § 35A.37.
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) › § 4628 - Operational and reserve accounts

All cooperatives organized pursuant to this chapter shall establish and maintain operational and reserve accounts, including one which may be used for expenses related to the acquisition of housing units, as established in this chapter, as well as extraordinary expenses agreed upon by the assembly of member-owners. The percentages of the maintenance fees and other income according to the formulas established in the general rules shall be deposited in these accounts. All income generated by the cooperative, including income from the sale of housing units by the cooperative and from the operation of businesses shall be deposited in these accounts. Provisions pertaining to the use of funds in the corresponding administrative and financial operations, including operational funds, deposits and investments, shall be established in the general rules in agreement with the operational freedom and flexibility of the cooperatives. A procedure shall be provided to negotiate with the corresponding regulating entity those changes and variations in the percentages and formulas necessary and reasonable for the adequate operation, development and advancement of the cooperatives.
History —Sept. 1, 2004, No. 239, § 35A.38.
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) › § 4629 - Final provisions which could affect the members

For purposes of obtaining a remedy, any member-owner who is object of any type of measure or action by part of the cooperative and who is not satisfied with said measure or action may challenge the determinations made through the internal institutional procedures of the cooperative. The internal procedures of the cooperative for the resolution of controversies shall be exhausted with respect to any controversy that should be addressed by these means. In any controversy which may arise between member-owners, residents, or both, in a member-owner cooperative which is originated or based upon, or in which a legitimate cooperative movement controversy, is involved, the courts shall refrain from intervening in the resolution and adjudication of such issues, unless it is shown that the intervention of the court is necessary to avoid irreparable damages because the internal procedures of the cooperative would be ineffective or inoperative. This provision shall not be construed in such a manner that it interferes with the duty of the courts of justice to adjudicate controversies for the good civil or criminal order of our society, nor with their constitutional mandate to resolve the issues that are brought before them.
History —Sept. 1, 2004, No. 239, § 35A.39.
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) › § 4630 - Judicial review

The final determinations of the Board of Directors may be resorted by the judicial review proceedings established in § 4588 of this title. Any judicial construal under this regime shall be remitted to cooperative law and to the established public policy. The provisions, concepts, applicable rules and court decisions which construe the Horizontal Property Act shall not apply. The sole exception to this norm shall be with respect to the provisions established in Section 35A.34, subsection g [sic] and in § 4625 of this title.
History —Sept. 1, 2004, No. 239, § 35A.40.
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) › § 4631 - Acquisition of housing units by the cooperative

The cooperative may acquire housing units in addition to those consigned to it in the master deed and may use them for any purpose allowed by the law with the prior consent of two-thirds (⅔) of the member-owners, pursuant to the procedures established herein.
History —Sept. 1, 2004, No. 239, § 35A.41.
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) › § 4632 - Exemption from the payment of property tax

Every owner of a dwelling in a member-owner cooperative may avail him/herself of the benefits of property tax payments pursuant to the provisions of §§ 5001 et seq. of Title 21.
History —Sept. 1, 2004, No. 239, § 35A.42.
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) › § 4633 - Procedures for conversion to the regime

Existing cooperatives that wish to avail themselves of the rights and responsibilities established in this chapter shall submit a draft of the master deed of the regime as it is to be submitted to the Property Registry for the consideration of the Cooperative Development Administration.
History —Sept. 1, 2004, No. 239, § 35A.43.
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) › § 4634 - Requirements for the procedure of conversion into the regime

All housing cooperatives that are active according to the registry of the Cooperative Development Administration may convert into a member-owner cooperative housing regime provided that they comply with the following requirements:
An amendment to the articles of incorporation and the bylaws is approved pursuant to this chapter. The cooperative submits to the Cooperative Development Administration a conversion plan together with the approved amendments to obtain the approval of the Administration.
The conversion plan shall address the following matters:
(a) The manner in which the cooperative shall settle or renegotiate the mortgages or other financial obligations that burden the cooperative or the real property, pursuant to the local or federal regulations that apply;
(b) the formula to be used to calculate the sponsorship of each member for purposes of exchanging said financial interest for the value of the housing unit, in whole or in part, and the manner in which that portion of the value of the housing unit to be covered shall be financed;
(c) the manner in which it shall be provided for the conservation of the reserves produced in this chapter and the contributions to be made by each member;
(d) submit a draft of the master deed to be submitted to the Property Registry, and
(e) any other matter that is provided by regulation to ensure a fair, equitable and feasible transition plan.
History —Sept. 1, 2004, No. 239, § 35A.44.
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) › § 4635 - Conversion requirements for public housing developments

The Department of Housing, in consultation with the Cooperative Development Administration, shall establish by regulation additional or special requirements that should be contained in the statutes, regulations and master deeds of public housing developments interested in converting into housing cooperatives pursuant to this subchapter which are necessary to carry out its public policy, taking into consideration any federal or Commonwealth legal restrictions that may apply. Said requirements, however, shall have to be in harmony with the provisions of this chapter and the general rules, especially with respect to the conversion procedures. As with any other type of cooperative, the conversion shall be determined through the express will of the residents in compliance with the cooperative principle of open and voluntary adhesion.
In order to assess the effective consecution and promotion of the above stated, it is hereby established that the Secretary of the Department of the Housing and the Administrator of the Cooperative Development Administration shall remit to the Legislature of Puerto Rico a comprehensive and detailed report on the progress of the conversion of public housing developments into housing cooperatives by December 31 of each year. Provided, That the report shall be submitted through the Office of the Secretary of the Senate and the Office of the Clerk of the House of Representatives. Once the report is received, the Clerk or Secretary of the corresponding Chamber shall submit the same for the consideration of the chairpersons of the committees with jurisdiction over the cooperatives and housing affairs.
History —Sept. 1, 2004, No. 239, § 35A.45; Sept. 20, 2007, No. 122, § 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) › § 4636 - Regulations

The Cooperative Development Administration shall adopt and promulgate the general regulations needed to comply with the provisions of this act, within the following one hundred eighty (180) days of its effectiveness.
History —Sept. 1, 2004, No. 239, § 35A.46.
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) › § 4637 - Procedure applicable to new cooperatives

Housing cooperatives submitted to the member-owner cooperative housing regime shall be created pursuant to Subchapters III and IV of this chapter, with the exception that in addition to the provisions of § 4410 of this title, they shall also submit a draft of the master deed for the constitution of this regime, as it is to be submitted to the Property Registry for the consideration of the Cooperative Development Administration.
History —Sept. 1, 2004, No. 239, § 35A.47.
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) › § 4638 - Conversion into the active cooperative housing regime

All active housing cooperatives pursuant to the registry of the Cooperative Development Administration may convert into a member-owner cooperative housing provided that they comply with the following requirements:
(1) Amendments to the articles of incorporation and the bylaws pursuant to §§ 4420—4423 of this title are approved.
(2) That the cooperative submits a conversion plan together with the approved amendments to the Cooperative Development Administration for its approval.
(3) The conversion plan shall address the following matters:
(a) The manner in which the cooperative shall settle or renegotiate the mortgages or other financial obligations that burden the cooperative or the real property;
(b) the formula to be used to calculate the sponsorship of each member for purposes of exchanging said financial interest for the value of the housing unit, in whole or in part, and the manner in which that portion of the value of the housing unit to be covered shall be financed;
(c) the manner in which it shall be provided for the conservation of the reserves established in this chapter and the contributions that shall be made by each member;
(d) the submittal of a draft of the master deed that shall be submitted to the Property Registry, and
(e) any other matter that is provided by regulation to ensure a fair, equitable and feasible transition plan.
History —Sept. 1, 2004, No. 239, § 35A.48.
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) › § 4639 - Conversion of public housing projects—Regulations

The Department of Housing shall establish through regulations those requirements that should be contained in the statutes, regulations and master deed of those public housing projects interested in converting into housing cooperatives pursuant to this subchapter and that are necessary to carry out their public policy, taking into consideration any legal federal or state restrictions that may apply. Said requirements, however, shall be in harmony with the provisions of this chapter and with the general rules.
History —Sept. 1, 2004, No. 239, § 35A.49.
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) › § 4640 - Retention of housing units

The cooperative may retain as many housing units it decides to as community or pro-community elements for the use of members that cannot become owners of the housing units.
History —Sept. 1, 2004, No. 239, § 35A.50.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4645 - Granting permits for cooperatives

The Inspector shall grant a written permit to any cooperative which has met the requirements of this chapter so that it may commence operations.
History —Sept. 1, 2004, No. 239, § 36.0.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4646 - Supervising the cooperatives

The Inspector shall ensure that every cooperative complies with its articles of incorporation, its bylaws and the provisions of this chapter.
History —Sept. 1, 2004, No. 239, § 36.1.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4647 - Annual examination of the operations of the cooperatives

The Inspector shall examine, at least once a year, the audits conducted on the operations of every cooperative incorporated and operating in Puerto Rico. The audit may be conducted by an auditor contracted by the cooperative, but the Inspector may review the audit and perform every related inspection he/she deems pertinent.
History —Sept. 1, 2004, No. 239, § 36.2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4647a - Annual examination of the operations of youth cooperatives

(1) The Inspector shall examine the operations of all youth cooperatives incorporated and operating in Puerto Rico at least once a year. Said examination shall have a non-punitive, educational and informational purpose through which the auditor together with the workshop students shall channel all the elements of a sound administration and shall prepare an audit report directed to the establishment of the operational strong and weak points of the cooperative and of a plan for the continuous development of said cooperatives.
(2) Said examination, as well as any other consultation, shall be free of charge for all youth cooperatives, it being considered a public service for all purposes of law.
(3) The examination to be prepared by the Inspector of Cooperatives together with the youth cooperatives shall be made solely under the parameters established in this section and on the basis of §§ 1701 et seq. of Title 18, known as the “Special Act for Youth Cooperatives”.
(4) Furthermore, the Office of the Inspector of Cooperatives shall annually prepare a Financial Statement of the youth cooperatives operating in Puerto Rico, which shall contain the following information:
(a) Operational statement of youth cooperatives.
(b) Significant achievements.
(c) Factors that limit development.
(d) Details regarding government, cooperative, community and private support provided to the youth cooperative.
[Provided, That] said Financial Statement shall be submitted by September 30, of each year to the Committees of the Legislature of Puerto Rico with jurisdiction over cooperatives, to the Office of the Governor, to the Cooperative Development Administration, to the Youth Affairs Office, to the Department of Education, to the Cooperative Investment and Development Fund, to the Cooperativism Institute of the University of Puerto Rico and to the Puerto Rico League of Cooperatives.
(5) Department of Education and the Cooperative Development Administration shall have the responsibility of facilitating and collaborating with the examination process of youth cooperatives.
History —Sept. 1, 2004, No. 239, added as § 36.2-A on June 12, 2008, No. 88, § 1.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4647b - Examination of inmate or ex-inmate cooperatives

(1) The Inspector is hereby authorized to examine the operations of all inmate or ex-inmate cooperatives incorporated and operated in Puerto Rico at least once a year. The main purpose of said examination shall be educational and informational in which the examiner, together with inmates and ex inmates, shall draft elements of sound administration and shall prepare an audit report directed to highlighting the operational strengths and weaknesses of the cooperative and to establish a plan for the continuous development thereof.
(2) Said exam, as well as any other consultation, shall be free of cost for inmate and ex inmate cooperatives, since this is considered a public service for the purposes of this chapter.
(3) The exam to be prepared by the examiner, together with inmates and ex-inmates, shall be conducted only under the parameters established in this section and on the basis of Act No. 133 of September 28, 2007, which has the purpose of promoting and developing cooperative culture in the experiences of training, entrepreneurial development and employment of clients of the correctional system, also amends §§ 1521 et seq. of Title 4, known as the “Employment and Training Enterprises Corporation Act”.
(4) Furthermore, the Office of the Inspector of Cooperatives shall prepare an annual Statement Report on the inmates and ex inmates cooperatives operating in Puerto Rico, which shall include the following information:
(a) Operating situation of inmates and ex-inmates cooperatives.
(b) Significant achievements attained.
(c) Limiting development factors.
(d) Detail of government, cooperatives, community and private support provided to the inmates and ex-inmates cooperatives.
Provided, That said Statement Report shall be submitted each year to the committees with jurisdiction over cooperatives in the Legislature of Puerto Rico, the Office of the Governor, the Cooperative Development Administration, the Department of Corrections and Rehabilitation, the Employment and Training Enterprises Corporation, the Investment Fund and Cooperative Development, to the Cooperative Institute of the University of Puerto Rico and to the Cooperative League of Puerto Rico.
(5) The Secretary of the Department of Corrections and Rehabilitation and the Executive Director of the Employment and Training Enterprises Corporation shall have the responsibility of collaborating and facilitating the examination process of the inmates and ex-inmates cooperatives to the Inspector.
History —Sept. 1, 2004, No. 239, added as § 36.2-[B] on June 12, 2008, No. 90, § 2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4648 - Handling complaints

Within the term of ninety (90) days after a complaint has been filed, the Inspector shall address those complaints presented by a cooperative, a member of a cooperative or by any person affected by an action of a cooperative, Board of Directors, the members of a committee, officers and employees, who present evidence of acts constituting any substantial violation of the law, the regulation, the articles of incorporation or an internal agreement that cannot be resolved internally by the cooperative.
If the Inspector deems it meritorious, an adjudication procedure shall begin, pursuant to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
Decisions made by the Inspector may be appealed at the Court of First Instance within thirty (30) days following the date of the notification of the decision.
History —Sept. 1, 2004, No. 239, § 36.3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4649 - Handling consultations and opinions

The Inspector shall attend inquiries, offer technical advice and issue opinions on any matters that concern the cooperatives. Within a term of ninety (90) days, the Inspector shall promulgate regulations to establish the uniform procedure to be followed in the case of inquiries and opinions.
History —Sept. 1, 2004, No. 239, § 36.4.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4650 - Other legal obligations

The Inspector shall comply with all other duties imposed upon him/her by this chapter.
History —Sept. 1, 2004, No. 239, § 36.5.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4651 - Requirement for cooperatives to keep books and documents

The Inspector shall require cooperatives to keep and maintain the needed books and documents pursuant to the provisions of this chapter.
History —Sept. 1, 2004, No. 239, § 36.6.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4652 - Requirement to correct deficiencies

The Inspector may take any action provided by this chapter to correct deficiencies indicated by a cooperative, including that the Board of Directors of a cooperative be required to correct said deficiencies or call an assembly of members for such purposes.
History —Sept. 1, 2004, No. 239, § 36.7.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4653 - [Issuance] of orders

The Inspector or the officer designated by him/her, after due notice and hearing, may issue orders to cease and desist and prescribe terms and corrective conditions which may be determined in view of the evidence at his/her disposal and pursuant to applicable law. Provided, That a prior hearing shall not be necessary to issue a temporary corrective order if, in the opinion of the Inspector, immediate or serious damages are or may be caused. Within ten (10) days after the [issuance] of the temporary order, the Inspector shall hold an administrative hearing in which he/she shall resolve whether said order becomes permanent or is revoked. Orders issued under this section shall be notified to the parties in conflict by certified mail with return receipt requested.
History —Sept. 1, 2004, No. 239, § 36.8.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4654 - Imposing fines

The Inspector or the officer designated by him/her may impose administrative [fines] on any natural or juridical person up to a maximum of two thousand dollars ($2,000) for any violation of this chapter, or of the regulations approved by the Office of the Inspector. Should a cooperative fail to submit a report required by the Inspector on time, he/she may impose a fine of ten dollars ($10) for every day of delinquency.
History —Sept. 1, 2004, No. 239, § 36.9.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4655 - Resorting to the court

The Inspector may resort to the Court of First Instance of Puerto Rico in order to petition that any order issued by him/her be put into effect. The court shall give preference to the course and dispatch of said petition.
History —Sept. 1, 2004, No. 239, § 36.10.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4656 - Establishment of rules and regulations

After holding the duly announced hearings, the Inspector shall prepare, approve, amend and repeal rules and regulations to comply with the provisions of this chapter. Any rule or regulation issued by the Inspector shall have the force of law thirty (30) days after having been circulated among the cooperatives it intends to govern.
History —Sept. 1, 2004, No. 239, § 36.11.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4657 - Investigations fund

The Inspector of Cooperatives is hereby authorized to collect from every cooperative the total cost incurred on account of, or as a result of the examinations and investigations made with regard to said cooperative and shall cover these funds, plus those collected on account of the imposed fines, into the “Cooperatives Investigations Fund”. Said fund may be used for any purpose provided by the law.
History —Sept. 1, 2004, No. 239, § 36.12.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4658 - Adjudication procedures

When by provision of this chapter or of the regulations adopted by virtue thereof, the Inspector must formally adjudicate a controversy, the procedures established in §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”, and the regulations promulgated to that effect, shall be observed.
History —Sept. 1, 2004, No. 239, § 36.13.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4659 - Other powers

The Inspector of Cooperatives of Puerto Rico shall also have all the powers conferred upon him/her by this chapter.
History —Sept. 1, 2004, No. 239, § 36.14.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4660 - Examining officer

The decisions of the Inspector of Cooperatives [may be appealed] before the Examining Officer of the Office of the Inspector.
History —Sept. 1, 2004, No. 239, § 37.0.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4661 - Procedure

The Examining Officer shall adopt the rules and regulations needed to address the appeals of the decisions of the Inspector pursuant to §§ 2101 et seq. of Title 3, and known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
History —Sept. 1, 2004, No. 239, § 37.1.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVI - Office of the Inspector of Cooperatives (§§ 4645 — 4662) › § 4662 - Judicial review

Decisions made by the Examining Officer may be appealed before the Part with competence of the Court of First Instance.
History —Sept. 1, 2004, No. 239, § 37.2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 102 - General Cooperative Associations Act (2004) › Subchapter XVII - Prohibitions and Penalties (§§ 4665 — 4667) › § 4665 - Responsibilities for violations

It shall be understood that any violations of the provisions in this chapter incurred by any cooperative are also committed by the officer or employee of said cooperative who is responsible due to his/her duties, pursuant to the regulations, policies and procedures of the cooperative. If such a responsibility has not been expressly assigned to any officer or employee of the cooperative by regulations, policies and procedures, all the members of the Board of Directors and the committees of the cooperative shall be responsible, unless said member proves that he/she did not have any knowledge or that he/she took all actions possible and made reasonable efforts to prevent incurring the violation in question. The continued action or omission which constitutes a violation of the provisions in this chapter shall be considered as a new offense for each subsequent week in which the action or omission in question persists.
History —Sept. 1, 2004, No. 239, § 38.0.