reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292b - Copies of plans to be appended to, or to accompany, deeds; authentication

The certified copy of the title originated by the first inscription of the entire building, and the certified copy of the title originated by the first inscription of the individualized unit for its inscription in the Registry of the Property shall be submitted as complimentary documents along with the complete true and exact copies of the blueprints of said building, or of the sketch of the apartment in question, pursuant to the cases, to be kept in the Registry of the Property. Such blueprints shall be certified, without payment of duties, by the Administrator of Regulations and Permits, and shall graphically indicate the particularities of the building or apartment, as the case may be.
Whenever it is desired to submit an existing building whose blueprints are not in the files of the Regulations and Permits Administration to the horizontal property regime, it shall be so stated by means of a certification issued to that effect by the Administrator. In such a case, the certified copy of the title that, under such regime is originated by the first inscription of the total building, and the certified copy of the title originated by the inscription of the individual unit shall be accompanied by a set of blueprints, as built, certified by an authorized engineer or architect authorized for the practice of his profession in Puerto Rico, which graphically and clearly indicate the particularities of the building or apartment, as the case may be.
The certified copy of the title originated by the first inscription of the total building in the Registry of the Property shall also include an appraisal of said building, certified by an appraiser authorized for the practice of his profession in Puerto Rico. This appraisal shall be used in the calculation of the inscription fees to be paid in the Registry of the Property.
History —June 25, 1958, No. 104, p. 243, § 24; June 25, 1959, No. 77, p. 209, § 1; June 4, 1976, No. 157, p. 461, § 3; Apr. 5, 2003, No. 103, § 16, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292c - Manner of recordation—Generally

Horizontal property is organized in the Registry under a system of parcels interconnected by cross-referenced marginal notes.
Inscription of the structure built upon the land shall be performed in the parcel in which the land is inscribed and shall be designated as master parcel.
Each unit shall be inscribed as a separate parcel, in a particular filial registry of the master parcel, unless the structure is built upon land belonging to another, in which case the master parcel shall be that in which the building is inscribed.
All the aforementioned inscriptions shall be preceded by the phrase “Horizontal Property”.
History —June 25, 1958, No. 104, p. 243, § 25; June 4, 1976, No. 157, p. 461, § 3; Apr. 5, 2003, No. 103, § 17, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292d - Manner of recordation—Particular details with respect to registering building under principal record

When the structure is inscribed in the master parcel, those circumstances that appear in § 2308 of Title 30, in harmony with those of the Regulations set forth for its execution, and with § 1292 of this title, except that regarding the description of each unit in the structure, for the effects of the records in the master parcel, it shall suffice that the number of apartments that comprise the structure, number and type of apartment in each floor, stating the number of each, the area and participation percentage of the common elements that corresponds to each, all without prejudice to the provisions set forth in § 1292e of this title, for the inscription of the individual apartment unit. In addition, the projected, initiated, and performed works shall be stated, as the case may be.
In said records, the common elements shall also be inscribed permanently, in behalf of the or those who become the owner or owners of the total building, and in the future, of the units, without stating their names and last names, and in the corresponding proportion.
History —June 25, 1958, No. 104, p. 243, § 26; June 19, 1969, No. 43, p. 78; June 4, 1976, No. 157, p. 461, § 3; Apr. 5, 2003, No. 103, § 18, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292e - Manner of recordation—Particular details with respect to registering apartments by means of filial entries

At the time of inscription of the units in the filial parcels, those circumstances resulting from § 2308 of Title 30 in harmony with those of the Regulations set forth for their execution and with § 1292a of this title, except for those referenced in subsection (a) of § 1292 of this title shall be stated as circumstances of the entry in records.
Regarding the part of the general or limited common elements that, where appropriate, corresponds to the owners of the units, an opportune and brief reference to the entry in the master parcel in which they appear inscribed shall be made.
If the works on the land of the respective unit have not yet begun, the unit cannot be inscribed as either a filial or independent parcel. When the works in the apartment have begun, but have not yet concluded, those in which works are already finished, and those yet pending construction, shall be indicated.
History —June 25, 1958, No. 104, p. 243, § 27; Apr. 5, 2003, No. 103, § 19, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292f - Declaration by public deed upon completion of structures; recording

The structures planned or begun which have been recorded pursuant to § 1292d of this title, or the structures already commenced pursuant to the provisions of the preceding section, shall be declared by public deed upon their completion. Such declaration shall be made by the persons concerned and shall be recorded under the particular entry of the respective property. The final description of each completed apartment may be recorded, even though only the structures planned or under construction appear recorded, and a marginal reference note shall be made under the matrix record.
History —June 25, 1958, No. 104, p. 243, § 28; June 4, 1976, No. 157, p. 461, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292g - Conveyances or encumbrances

The conveyance or encumbrance referred to in § 1291c of this title shall be entered under the particular principal or matrix record; but in cases coming under § 1291d of this title, the entry shall be made under the particular filial record of the apartment, as a new estate, in accordance with the provisions of the last sentence of § 1292e of this title.
History —June 25, 1958, No. 104, p. 243, § 29, eff. 90 days after June 25, 1958.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292h - Succeeding transactions; entry of proportional share in common elements as unnecessary

Succeeding transactions shall be entered under the filial records of the respective apartments.
The proportional share or percentage in the common elements appertaining to the owner of each apartment shall be deemed conveyed or encumbered jointly with the apartment, without need of entering under the principal or matrix record such conveyance or encumbrance of the proportional share in those elements.
History —June 25, 1958, No. 104, p. 243, § 30, eff. 90 days after June 25, 1958.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292i - New floors, acquisitions of adjacent land, cancellation of liens, and cautionary notices

Notwithstanding the provisions in § 1292h of this title, new floors added or new portions of adjacent land acquired jointly by all the co-owners to form part of the common elements of the property shall be registered under the matrix record. Likewise, the total or partial cancellation of liens prior to the constitution of the property into horizontal property and the cautionary notices or entries making express reference to the property, or to common elements thereof as a whole, shall be entered into the matrix record, always leaving marginal notes of these operations in the filial entries.
History —June 25, 1958, No. 104, p. 243, § 31; June 4, 1976, No. 157, p. 461, § 3; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292j - Description of deed in case of segregation of portions of common land conveyed jointly; recording

In case of segregation of portions of common land, conveyed jointly by all the co-owners, the public deed shall contain the description of the property just as the same will stand after the segregation of said portions of land. This new description shall be entered under the matrix record.
History —June 25, 1958, No. 104, p. 243, § 32; June 4, 1976, No. 157, p. 461, § 3; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292j-1 - Division of apartments; consent by unit owners

Unless the original mortgage title, the bylaws of the property or the Regulations and Permits Administration specifically so prohibit, the apartments and their annexes may be the object of material division, by segregation, to form another unit or units susceptible of independent use; or they may be increased by the grouping of other adjacent portions of the same property; but no segregation or grouping so made shall have the effect of changing the purpose or use provided in the matrix deed for the apartment or apartments so modified.
In such cases, along with the consent of the affected unit owners, majority approval from the Condominium Association shall also be required, and the imposition of percentages or participation quotas shall be the duty of the Director or the Board of Directors, subject to the provisions set forth in § 1291f of this title, and without alteration of the percentages corresponding to the rest of the unit owners. The new description of the apartments affected, as well as the corresponding percentages, shall be set forth in the public deed of segregation or grouping that may be executed, which shall not take effect until it is recorded in the individual registry of each one of the filial properties affected, leaving a certified copy filed in the Registry of Property together with the matrix deed. To said certified copy shall be attached a plan, certified to by an engineer or an architect authorized to practice his profession in Puerto Rico, graphically and clearly showing the particulars of the apartment or apartments as modified. In the case of a segregation, said plan shall also be approved and certified to by the Regulations and Permits Administration.
History —June 25, 1958, No. 104, p. 243, added as § 32-A on June 4, 1976, No. 157, p. 461, § 4; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 20.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292k - Recordation of real-property rights in apartments not recorded as to ownership or possession; form of demand

Whoever has any property rights over any uninscribed unit may request its inscription by means of observing the provisions set forth in the second paragraph of Sections 442 through 448, both inclusive, of the Regulations for the Execution of the Property Act.
When the parcel is inscribed in the name of another person, the person with property rights over an apartment may request the inscription of said rights, in compliance with the pertinent parts of the provisions set forth in § 2771 of Title 30. The requirement or requirements upon the owner or owners of the unit that do not yet appear in the Registry, for purposes of having them inscribe their rights, shall be notarial and for a term of ten (10) working days.
History —June 25, 1958, No. 104, p. 243, § 33; Apr. 5, 2003, No. 103, § 21, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292l - Waiver of horizontal property regime—Conditions for merger of filial estate in record

All the co-owners or the sole owner of a property constituted into horizontal property, may waive this regime and request of the Registrar the regrouping or merger of the filial properties in the matrix property, provided the former are unencumbered, or, in lieu thereof, that the persons in whose behalf said properties are recorded agree to substitute the security they have for the participation pertaining to such co-owners in the whole property, within the common property regime provided in §§ 1271 et seq. of this title.
History —June 25, 1958, No. 104, p. 243, § 34; June 4, 1976, No. 157, p. 461, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter II - Public Deed of Horizontal Property; Recordation (§§ 1292 — 1292m) › § 1292m - Merger as no bar to subsequent constitution of property into horizontal property

The merger provided for in the preceding § 1292 l of this title shall in no wise bar the subsequent constitution of the property into horizontal property whenever so desired and upon observance of the provisions of this chapter.
History —June 25, 1958, No. 104, p. 243, § 35, eff. 90 days after June 25, 1958.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293 - Bylaws; insertion or attachment to deed; certified copies filed in Registry

The administration of every property constituted into horizontal property shall be governed by the provisions of this chapter and also by Bylaws which shall be inserted in or attached to the deed of constitution. A certified copy of said deed and of the bylaws and of any amendment thereto shall be filed in the Registry of Property.
History —June 25, 1958, No. 104, p. 243, § 36; June 4, 1976, No. 157, p. 461, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293a-1 - Regulations for mixed use

When a building that contains, or shall contain, units that are intended for residential use along with units that are not intended for residential use is submitted to the horizontal property regime, the regulations shall provide whatsoever is required to avoid restricting the unit owners’ rightful use and enjoyment of the common elements, as well as to forestall the imposition of an undue financial burden for the expenses of the common elements. With this objective in mind, the following matters shall be addressed:
(1) The inclusion of at least one (1) director in the Board of Directors who is the owner of a housing unit that is not intended for residential use.
(2) The minimum provisions to ensure that the users of the nonresidential area shall have access to the same during working hours, according to the intended use of the unit or area.
(3) All those measures and restrictions required to guarantee peace and quiet for the occupants of residential units, especially after working hours.
(4) Provisions pertaining to the insurance, use, and maintenance of the commercial areas and facilities, to protect the investment of the unit owners, without restricting the right or encumber the obligations of the residential units.
(5) It shall be understood that the rate for the electric power service consumed by those customers who represent owner or tenant boards, councils or associations in structures constituted under Act No. 103 of April 5, 2003, known as the “Condominiums Act”, shall be the residential rate and not the commercial rate. Said conversion shall be applied exclusively to those bills on electric power service consumption of the common elements of the real property used solely to promote the residential use of the structure.
Those structures built under the “Condominiums Act” that have both residential and commercial uses therein shall be able to avail themselves of the rate adjustment provided in this subsection, provided that the electric power service consumption of the common elements exclusively used for residential purposes have a service connection and a meter that are independent from those used for commercial purposes.
History —June 25, 1958, No. 104, p. 243, added as § 37-A on Apr. 5, 2003, No. 103, § 24; Aug. 7, 2008, No. 199, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293b-1 - Condominium Association—Meetings, notice, proceedings

The Condominium Association shall meet at least once a year to approve budgets and accounts, and on those other occasions in which the President convenes, a majority of the members of the Board of Directors, or one fifth (1 / 5) of the unit owners, or a number of same whose apartments represent at least twenty percent (20%) of the participation percentages in the common elements.
The person or persons that issue the convocation shall indicate the matters to be dealt with, as well as the date, time, and location of the meeting, and shall sign the convocation. The summons shall be issued in writing and delivered to the apartment of every unit owner, or by means of a certified letter remitted to the address supplied for such purposes by the unit owners that do not reside in their unit.
The summons shall be issued ten days in advance of the date of the ordinary annual meeting, which shall be set forth in the Regulations, as well as for the extraordinary meetings, whenever possible, for same to reach all the interested parties.
The Association may meet validly without the issuing of convocation, if all the unit owners concur and so decide.
The holding of a meeting of the Condominium Association for a determined purpose shall not be necessary if all unit owners with the right to vote in such a meeting waive the referenced meeting and issue their consent for the proposed action to be taken in writing.
Regardless of the provisions set forth in subsection (e) of § 1293f of this title, the Condominium Association, by majority vote, may authorize the reimbursement to the unit owner or owners of expenses incurred, including a reasonable amount for legal fees, if any, to achieve the holding of an assembly whose convocation was opposed by the President or the Board of Directors.
History —June 25, 1958, No. 104, p. 243, added as § 38-A on June 4, 1976, No. 157, p. 461, § 8; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 26, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293b-2 - Condominium Association—Vote; representation

Attendance to the Condominium Association meetings shall be in person or by legal or voluntary representation, a written document signed by the unit owner sufficing to prove the latter. The document shall be dated and shall indicate the date of the assembly for which the representation is being authorized, unless the same is a general power of attorney granted before a notary. By regulations or agreement of the Condominium Association, a manner of authenticating the signature of the unit owner shall be established prior to initiating the assembly.
Representation in condominium assemblies in which there is at least one unit intended for residential use may be exercised solely by persons of legal age who in turn are unit owners, family members of same up to the second degree of consanguinity, the spouse, lessees of the unit, or agents of the unit owner by virtue of a power of attorney issued before an attorney or the legal representative of the unit owner. No person authorized to represent a unit owner may exercise the right to vote in representation of more than one unit owner.
Each unit owner shall have the right to one vote, regardless of the number of units he/she owns, for purposes of the calculation of the numerical majority of titleholders, and/or the right to vote according to the percentage that corresponds to his/her unit, depending on the definition of the concept of majority that governs the building.
When one or more units belong to a legal entity, said legal entity shall designate the person that shall attend the meetings and exercise its corresponding right to vote in representation of same by means of corporate resolution.
If several owners own a unit jointly, said owners shall name a single person to represent their community.
It is understood that the bare owner is represented by the usufructuary if the unit is in usufruct, and unless otherwise stated, the attendance and vote correspond to the bare owner. However, such delegation shall be expressly stated in writing when it concerns agreements that require unanimity among the unit owners, or extraordinary or improvement works. No person may exercise the right to vote in representation of more than one unit owner.
History —June 25, 1958, No. 104, p. 243, added as § 38-B on June 4, 1976, No. 157, p. 461, § 8; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 27, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293b-4A - Condominium Association—President

The President shall represent the community in and out of trials regarding matters that affect the same, and shall preside the Condominium Association meetings. The President shall also appear [on] behalf of the condominium for the granting of titles and other documents in which the Condominium Association is one of the parties.
When dealing with actions to enforce this or any other applicable law, the regulations of the condominium, or the agreements of the Condominium Association, or in behalf of the Condominium Association or the Board of Directors when the same shall appear in court as defendant or plaintiff. The President may appear in behalf of said organisms and file the actions and defenses he/she deems fit, selecting the legal representation he/she deems fit, with prior consultation of the Board. The President shall notify the actions taken to the unit owners as soon as possible, convening the Association to adopt the agreements that are deemed fit.
All judicial or extra judicial transactions exceeding five thousand dollars ($5,000) shall obtain the approval of the Condominium Association. In commercial or professional condominiums, the Regulations may set forth another amount.
It shall be presumed that the President of the condominium has the authorization of the Condominium Association to appear in behalf of the same in the pertinent forums.
History —June 25, 1958, No. 104, p. 243, added as § 38-E on Apr. 5, 2003, No. 103, § 30, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293b-5 - Condominium Association—Secretary, powers and duties

The Secretary shall have the following duties and powers:
(a) He shall prepare the calls to the meetings of the Council and shall notify the summons as provided in § 1293b-1 of this title.
(b) He shall prepare the minutes of the meetings of the Council and enter them in the corresponding book.
(c) He shall certify jointly with the Chairman the minutes of each meeting.
(d) He shall issue, as they appear in the minute book, all the certificates which may be necessary with the approval of the Director or the Board of Directors.
(e) He shall communicate to the absent co-owners all the resolutions adopted, in the manner provided herein for the notice of the calls to meetings of the Council and within the term provided by the bylaws.
(f) He shall have custody of all the documents concerning the meetings of the Council and keep them at the disposal of the co-owners.
(g) All other functions and attributes which may logically fall within his jurisdiction, because of the nature of his office, and such others as may be assigned to him by the bylaws or the Council of Co-owners.
History —June 25, 1958, No. 104, p. 243, added as § 38-E on June 4, 1976, No. 157, p. 461, § 8; renumbered as § 38-F on Apr. 5, 2003, No. 103, § 30, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293b-6 - Condominium Association—Trustee

In condominiums in which a Director or a Board of Directors cannot be elected for lack of persons able or willing to assume said positions, any unit owner may resort to the forum with jurisdiction to request the designation of a trustee to perform the duties of the Director or the Condominium Association. In the case of a condominium in which a unit intended for residential use does not exist, the court, or the Secretary of the Department of Consumer Affairs, upon designating a trustee, shall set forth the fees to be paid to the same, considering the type of condominium and the complexity of the directing tasks to be performed, and shall issue those orders necessary for the guarantee of the prompt election of a Director or Board of Directors. The trustee’s fees shall be incorporated into the common expenses budget, and shall be defrayed by the unit owners as part of their maintenance fees. The term of the designation of the trustee shall be six (6) months. The Secretary of the Department of Consumer Affairs, or the Court, may relieve the Trustee of his/her duties at the request of any unit owner, or for just cause.
Culpable negligence in the performance of duties, dishonesty, or the breaching the codes of good conduct, among others, set forth in the Regulations of the condominium shall be understood as just cause.
The trustee shall render quarterly reports of his/her efforts to the unit owners, with copies thereof sent to the court or the Secretary of the Department of Consumer Affairs, as the case may be. Unless the forum with jurisdiction so authorizes, the trustee shall not also be an administrator.
History —June 25, 1958, No. 104, p. 243, added as § 38-G on Apr. 5, 2003, No. 103, § 31, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293d - Preference of credits against co-owners for shares in expenses; exceptions

The credit against any co-owner for his share in the expenses to which § 1293c of this title refers shall have preference over any other credits of whatever nature but the following:
(a) Credits in favor of the Commonwealth and the corresponding municipality for the taxes of the last five annual assessments and the unpaid current one, overdue and unpaid on the apartment.
(b) For two years premium on the insurance of the apartment, or of the whole property, as the case may be, and in the case of mutual insurance, for the last two dividends distributed.
(c) Mortgage credits recorded in the Registry of Property.
History —June 25, 1958, No. 104, p. 243, § 40; June 4, 1976, No. 157, p. 461, § 9.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293e - Obligation of owner for common expenses, lien

The obligation for the proportional share of the common expenses of the owner of a unit shall constitute a lien on said unit, once the same is entered in the Property Registry. Therefore, after the first sale, the voluntary acquirer of a unit shall be jointly responsible with the transferor for the payment of the owed amounts, pursuant to § 1293c of this title, until the time of the transfer, without prejudice to the right of the acquirer to recover from the other transferor those amounts paid as a joint debtor. However, an involuntary acquirer shall only be responsible for debts arising from common expenses that have not been satisfied during the six (6)-month period preceding the time of acquisition of the real property, as well as for any balance that may have accumulated from the acquisition of said property by the involuntary acquirer. For purposes of the above provisions, an involuntary acquirer shall be a mortgage lender that acquires a real property when collecting a debt subject to this chapter; such balance shall be paid on monthly installments or within the term provided by the Homeowners’ Council.
The referenced obligation shall be demandable to anyone who is a unit owner of the property comprised by the unit, even when the same has not yet been segregated and inscribed as a filial parcel in the Registry of the Property, or transferred [on] behalf of any person.
Any financial institution that provides temporary financing to a person for the construction of apartments and common elements to be submitted to the horizontal property regime and becomes the owner of the property in a procedure of execution or transfer in payment shall not be considered as the developer, temporary administrator, or constituent of the regime, pursuant to the provisions in this chapter, if the financial institution does not exceed the usual duties of a creditor in the protection of its guarantee, pursuant to commercial practices adhered to by financial institutions that provide financial institution temporary construction financing.
History —June 25, 1958, No. 104, p. 243, § 41; June 4, 1976, No. 157, p. 461, § 9; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 5; Apr. 5, 2003, No. 103, § 33, eff. 90 days after Apr. 5, 2003; Aug. 5, 2016, No. 119, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293g - Insuring building against risk; individual rights of owners

Unit owners, by means of agreement of those who represent the majority, may ensure the building against risks to cover general common, public, and limited areas, as well as other risks in behalf of all unit owners, without prejudice to the right of each to ensure their unit singly and in their own behalf. The unit owner who owns a particular insurance for his own unit, or who has paid his/her mortgage in full shall not be exempted from the payment of the proportional part of any common insurance adopted by the Condominium Association.
All unit owners may request the inspection of the documents pertaining to common insurance from the Board of Directors. The Board of Directors may substitute the insurance agent or broker, if the coverages and conditions of the new insurance policy are the same, or of broader reach and benefit, and at the same or less cost than the insurance policy in effect at the time of such a change, notifying the Condominium Association of the same immediately.
History —June 25, 1958, No. 104, p. 243, § 43; June 4, 1976, No. 157, p. 461, § 10; Apr. 5, 2003, No. 103, § 35, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293h - Application of insurance indemnity to reconstruction; pro rata distribution in certain cases; application of § 1283; rules for reconstruction

In the event of a fire, the indemnization of the insurance of the building shall be used for the reconstruction of the same, with the exception of the matters set forth in Section 3, subsection 5 of the Mortgage and Property Registry Act.
After receipt of the insurer’s indemnization offer, the Board of Directors shall prepare a plan for the distribution of the reconstruction funds, detailing the specific amounts to be used in the reconstruction of each unit, pursuant to the appraisals made, and of the remaining common areas of the building. The report shall be circulated among the unit owners not less than fifteen (15) days in advance of the holding of an extraordinary assembly convened for the exclusive consideration of the offers submitted and the referenced report. The Condominium Association shall finally decide, by majority vote, all matters pertaining to the indemnization, including the acceptance of the amounts offered by the insurance companies and the priorities for the works to be performed.
If the Condominium Association decides to receive the total amount of the indemnization to distribute same afterwards among the unit owners, the monies shall be deposited in a special account, from which withdrawals may only be made with prior sworn certification by the Treasurer and the Secretary, stating the agreement in which the Condominium Association authorizes the withdrawal of funds, and if the same has not been challenged before any judicial or administrative forum.
The Condominium Association shall acquire a fidelity bond for the Director or the directors that shall respond for the unauthorized management of these funds.
When said reconstruction comprises the totality of the building or more than three quarter parts of the same, the reconstruction shall not be obligatory. In such a case, and except for the unanimous agreement of the unit owners otherwise, the indemnization shall be proportionally paid to the corresponding parties, and regarding the remaining parts of the building, it shall be done as set forth in § 1283 of this title.
If the reconstruction proceeds, it shall be done as set forth for said hypothesis in the constitution title of the horizontal property, or otherwise, whatever is agreed upon by the Condominium Owner’s Association.
History —June 25, 1958, No. 104, p. 243, § 44; June 4, 1976, No. 157, p. 461, § 10; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 36, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293i - Sharing of reconstruction costs when building not insured or insurance indemnity is insufficient; modification of section by unanimous resolution

When the property is not insured or the insurance indemnity is insufficient to cover the cost of reconstruction, the new building costs shall be paid by all the co-owners directly affected by the damage, in proportion to the percentage of their respective apartments; and if any one or more of those composing the minority shall refuse to make such payment, the majority may proceed to do so at the expense of all the co-owners benefited thereby, upon adopting the proper resolution, which shall set forth the circumstances of the case including the cost of the works, with the intervention of the Council of Co-owners.
The provisions of this section may be changed by unanimous resolution of the interested parties adopted subsequent to the date of the disaster.
History —June 25, 1958, No. 104, p. 243, § 45; June 4, 1976, No. 157, p. 461, § 10; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293j - Mortgage law and regulations as supplementary

The provisions of the Mortgage Law and of the Regulations for the Execution of the Mortgage Law shall be deemed supplementary to this chapter.
History —June 25, 1958, No. 104, p. 243, § 46, eff. 90 days after June 25, 1958.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter III - Administration and Insurance (§§ 1293 — 1293k) › § 1293k - Buildings covered by other laws; submission to horizontal property regime

The provisions set forth in § 1275 of this title, shall apply to those building in which the floors, at the time of effectiveness of this act, are constituted by virtue of the referenced legal precepts, as well as those buildings of not more than five apartments, whose unit owners wish to be subject to these precepts. However, the buildings referenced in the foregoing paragraph may be subjected to the regime set forth in this chapter with prior compliance with the requirements of § 1291 of this title.
This chapter shall not be understood as a hindrance for the constitution of other joint property by floor regimes that may be set forth pursuant to other laws or norms.
History —June 25, 1958, No. 104, p. 243, § 47; Apr. 5, 2003, No. 103, § 37, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e) › § 1294 - Adjudication of claims

A Special Division for the Adjudication of Condominium Claims of the Department of Consumer Affairs is hereby created to address all matters pertaining to all condominiums in which at least one apartment intended for residential use exists. Said Division shall have a Director named by the Secretary of the Department. The Secretary, subject to the provisions set forth in the Public Service Personnel Act, shall name the supervisors, inspectors, consultation officials, official examiners or administrative judges, public interest attorneys, and administrative personnel necessary for the prompt attention of claims submitted by unit owners pursuant to this chapter, or by the Board of Directors, pursuant to the applicable special laws.
The Secretary is hereby also empowered to adopt special regulations for the adjudication of the claims submitted to the Department, according to the provisions in this section, pursuant to the provisions set forth in § 1294c of this title.
Without prejudice to the foregoing, all claims pertaining to the coverage or the terms and conditions of the insurance contract shall be referred to the Office of the Insurance Commissioner of Puerto Rico for their consideration. The Commissioner is hereby empowered, if needed, to adopt a special Regulations for the adjudication of claims that arise under the horizontal property regime.
History —June 25, 1958, No. 104, p. 243, added as § 48 on June 4, 1976, No. 157, p. 461, § 11; Apr. 5, 2003, No. 103, § 38, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e) › § 1294a - Powers of Secretary of Department of Consumer Affairs

The Secretary of the Department of Consumer Affairs is hereby empowered to issue regulations, pursuant to the procedures set forth in §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”, geared toward:
(a) Requiring the registration of apartments in the Department of Consumer Affairs prior to their advertising, offering or sale.
(b) Guarantee that potential unit buyers are offered all necessary information to be able to make an intelligent decision to buy.
(c) Setting forth criteria for publicity and propaganda that ensure the announcement of precise and complete information that can be easily understood by the buyers.
(d) Set forth in behalf of lessees who have been living in a unit prior to the date in which same is submitted to the horizontal property regime the necessary rights to avoid eviction, rent increases, and being forcefully evicted without first having been offered a true opportunity to buy the unit in which they reside, or a reasonable term to vacate the premises.
(e) Set forth a reasonable term for the original seller of an unit that had been occupied prior to the date in which the unit is submitted to the horizontal property regime to respond for any construction vices or defects of the unit.
(f) Protect the interests of the buyers of apartments during the term of administration of the unit owner that submits the building to the horizontal property regime, pursuant to § 1293-1 of this title.
These regulations shall apply to the sale of apartments intended for residential use that form part of a common promotion and sales plan of at least ten units, except for that issued pursuant to foregoing subsections (c) and (d), which shall apply to all sales of apartments intended for residential use. Said regulations shall not apply to sales pursuant to a court order, or sales carried out by a government or agency of the same.
History —June 25, 1958, No. 104, p. 243, added as § 49 on June 4, 1976, No. 157, p. 461, § 11; Apr. 5, 2003, No. 103, § 39, eff. 90 days after Apr. 5, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART III - Common Ownership of Property (§§ 1271 — 1303) › Chapter 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e) › § 1294b - Requests for registration of apartments, fees

All requests for the registration of apartments in the Department of Consumer Affairs shall be accompanied by a check payable to the Secretary of the Treasury in the amount of twenty-five dollars ($25) per apartment whose registration is being requested. However, said amount shall never be less than five hundred dollars ($500), nor more than two thousand dollars ($2,000). Thirty-five dollars ($35) shall be paid per request of amendment to a registration application.
History —June 25, 1958, No. 104, p. 243, added as § 50 on June 4, 1976, No. 157, p. 461, § 11; Apr. 5, 2003, No. 103, § 40, eff. 90 days after Apr. 5, 2003.