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 IV - Sale of Apartments and Administrative Forum (§§ 1294 — 1294e) › § 1294c - Adjudication of controversies; administrative fines; judicial review

The Secretary of the Department of Consumer Affairs may use all the powers conferred by §§ 341 et seq. of Title 3, known as the “Organic Act of the Department of Consumer Affairs”, to adjudicate in controversies that arise under this chapter and to ensure that no one breaches the regulations or orders issued under this chapter, including the imposition of administrative fines up to a maximum of ten thousand dollars ($10,000) per infraction. All Regulations, orders, or resolutions issued by the Secretary pursuant to this chapter may be judicially reconsidered and reviewed, pursuant to the provisions set forth in §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
History —June 25, 1958, No. 104, p. 243, added as § 51 on June 4, 1976, No. 157, p. 461, § 11; Apr. 5, 2003, No. 103, § 41, 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) › § 1294d - Special Fund, creation

There is hereby created in the Treasury of Puerto Rico a Special Fund into which shall be covered all the money collected pursuant to §§ 1294b and 1294c of this title, which shall be at the disposal of the Secretary of the Department of Consumer Affairs for the purpose of executing the powers conferred on him by this chapter.
History —June 25, 1958, No. 104, p. 243, added as § 52 on June 4, 1976, No. 157, p. 461, § 11.
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) › § 1294e - Disaster and emergency plan

Condominiums submitted to the regime of this chapter shall approve and maintain a disaster and emergencies plan to be updated at least every three (3) years. Said revision shall be performed in consultation with the pertinent government, municipality, and federal entities to protect life and property. In addition, the necessary measures shall be taken to communicate the referenced plan to all unit owners in the most efficient manner possible, and with sufficient time to be studied and understood. Such plan shall include the measures to be taken before, during, and after a disaster occurs.
During January of each year, each unit owner shall notify the names and telephone numbers of the Board of Directors and the administrator to the corresponding Puerto Rico Police station, the Municipal Civil Defense, and the Puerto Rico Fire Department for said entities to maintain a registry of persons to be contacted during an emergency.
Likewise, the unit owners shall approve a water and electricity rationing plan to be implemented during disasters or when a rationing is decreed by the agencies concerned, to guarantee the minimal impartial use of such resources among all unit owners.
The Secretary of the Department of Consumer Affairs shall adopt the Regulations he/she deems necessary to establish the norms that shall be observed by the individual unit owners and the Condominium Association during any crisis in the water or electric power supplies.
Nevertheless, Condominium Associations are hereby empowered to adopt alternate contingency plans, with prior approval from the Secretary of the Department of Consumer Affairs, when the particular characteristics of the property make the implementation of the projected plan of the Regulations promulgated by said Department burdensome or unreasonable.
History —June 25, 1958, No. 104, p. 243, added as § 53 on Apr. 5, 2003, No. 103, § 42, 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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296a - Effect of entering the regime

Once the property is submitted to the condo hotel regime, the lodging units, commercial units, and residential units may be individually transferred or encumbered and be subject to the domain or possession, and any kind of inter vivos or mortis causa judicial actions, fully independent from all other lodging units, commercial units, and residential units of the condo hotel of which they are part, subject, however, to the provisions of this chapter. The corresponding deeds may be recordable in the Property Registry according and subject to the provisions of this chapter and the Mortgage and Property Registry Act. If the leasing contract is recorded, any person who becomes the owner of a lodging unit upon acquiring such unit shall be bound by the terms of the leasing contract previously executed by the former unit owner.
History —Aug. 12, 2008, No. 249, § 4.102; Dec. 16, 2009, No. 178, § 3; June 24, 2010, No. 67, § 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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296b - Mortgage credits

(a) The common elements that are personal property shall only be mortgaged or encumbered with the consent of the administrator under such terms and conditions as the administrator in his/her sole discretion may deem convenient and by the affirmative vote of the owners of lodging units in such manner, number or proportion as provided in the master deed. None of the foregoing shall be construed as to grant the owners of lodging units the right to propose terms and conditions for the actions set forth in this subsection, thus clarifying that this subsection only grants the owners of lodging units the right to vote to accept or reject any proposal submitted by the administrator or agent with respect to the issues addressed herein.
(b) The common property may only be mortgaged or encumbered with the consent of the administrator under such terms and conditions as the administrator in his/her sole discretion may deem convenient and by the affirmative vote of the owners of the real property in such manner, number or proportion as provided in the master deed. None of the foregoing shall be construed as to grant owners of lodging units the right to propose terms and conditions for the actions set forth in this subsection, thus clarifying that this paragraph only grants such owners of the real property the right to vote to accept or reject any proposal submitted by the administrator or agent with respect to the issues addressed herein.
History —Aug. 12, 2008, No. 249, § 4.103; Dec. 16, 2009, No. 178, § 4; June 24, 2010, No. 67, § 4.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296d - Occupation of lodging units by owners thereof

The owner of a lodging unit shall be entitled to occupy his/her lodging unit (or a lodging unit equal in size to his/her lodging unit) during the occupancy period allowed, and subject to the restrictions provided in the master deed and the leasing contract. Such right does not exempt the owner of a lodging unit and the administrator from complying with any law, regulation or condition imposed by the Tourism Company to issue licenses or grant tax benefits.
History —Aug. 12, 2008, No. 249, § 4.105; Dec. 16, 2009, No. 178, § 6; June 24, 2010, No. 67, § 6.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296e - Use of residential units and commercial units

The persons who acquire residential units or commercial units may use such units without any restriction or limit whatsoever with respect to time; however, such persons shall be subject to the provisions of this chapter, the master deed and any other restrictive condition encumbering the real property with respect to said use, including, but not limited to, the following:
(a) No occupant of a residential unit or commercial unit shall make noises or disturbances nor perform actions that disrupt the peace of condo hotel guests and other occupants of the residential units and commercial units.
(b) Residential units and commercial units shall not be used for purposes contrary to this chapter, morals or social etiquette, and public order.
(c) All owners of residential units or commercial units shall observe due diligence when using the property and in their relations with all other owners of said units and the owners of lodging units and shall answer to them and to the administrator and agent for violations committed by their family members, visitors or employees, and, in general, by any person who is authorized by them to occupy the residential unit or commercial unit in question, for any title, without prejudice to the direct actions that may be in order against such persons.
(d) Occupants of residential units or commercial units shall strictly comply with the applicable provisions of the master deed.
History —Aug. 12, 2008, No. 249, § 4.106; Dec. 16, 2009, No. 178, § 7; June 24, 2010, No. 67, § 7.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296f - Minimum content of the master deed

The master deed shall state at least the name of the condo hotel and the following:
(a) A description of the land and a general description of what has been built therein, stating their respective areas and construction materials.
(b) A description of each lodging unit, commercial unit, and residential unit, and number of units of each kind, stating their measurements, location, bedrooms, rooms, main entrance door, and any other necessary information for their identification.
(c) A description of the common property.
(d) A description of the common elements of the leasing program and the powers and obligations of the administrator with respect to the condo hotel.
(e) Total surface area of the lodging units, commercial units, and residential units in the real property and the surface area of each lodging unit, commercial unit, and residential unit.
(f) The share percentage of the owners of the real property in the common property and common elements.
(g) The right and way to vote attributable to each one of the owners of the real property.
(h) The method to be employed for the imposition and collection of basic expense fee and program administration expense fees to each owner of the real property, and should any distinction be established by the administrator or his/her agent with respect to the amount of said fee and the manner to collect the same, a description of the grounds for such distinction and the method to implement the same.
(i) The method by means of which a condo hotel regime, a leasing program or a leasing contract may or shall be terminated before their expiration date in the event of expropriation and substantial damage to or destruction of a condo hotel and the consequences of such termination, including, but not limited to, the manner in which the properties or the proceeds obtained from the leasing program shall be applied, held or distributed among the different owners of lodging units and the designation of a specific entity to represent the different owners of the real property in the agreement and/or adjustment of such claims.
(j) Description of the powers and duties of the administrator with respect to the condo hotel.
(k) The procedure to be followed to amend, modify or supplement the provisions of the master deed.
History —Aug. 12, 2008, No. 249, § 4.107; Dec. 16, 2009, No. 178, § 8; June 24, 2010, No. 67, § 8.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296g - Minimum content of the property deed of a lodging unit, commercial unit, and residential unit

The deed to individualize each lodging unit, commercial unit or residential unit shall state the circumstances set forth in § 1296f of this title regarding the lodging unit, commercial unit or residential unit in question and also the common property and common elements percentages corresponding to said lodging unit, commercial unit or residential unit. If the land in which the condo hotel is located were held under a leasehold or usufruct, the property deed shall so state indicating the expiration date of the leasing or usufruct.
History —Aug. 12, 2008, No. 249, § 4.108; Dec. 16, 2009, No. 178, § 9; June 24, 2010, No. 67, § 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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296h - Set of plans to be attached to or made part of the master deed and the property deed; authentication

(a) A certified copy of the master deed and a certified copy of the property deed of a lodging unit, commercial unit or residential unit, as the case may be, filed for the recording thereof in the property registry, shall include true copies of the plans of said real property or the plans of the lodging unit, commercial unit or residential unit in question, as the case may be, as supplemental documents in order to be recorded in the Property Registry. Said plans shall be certified, without paying any fees, by the ARPE administrator and state in a graphic manner the specifics of the real property or the lodging unit, commercial unit or residential unit, as the case may be.
(b) In the event that an existing real property is to be submitted to a condo hotel regime, and the plans of such property are not filed in the records of ARPE, the administrator of such agency shall attest to such fact by means of a certification to such effect. In this case, such certification shall be attached to a certified copy of the master deed and a certified copy of the property deed of the lodging unit, commercial unit or residential unit and a set of plans certified by an engineer or architect authorized to practice his/her profession in Puerto Rico, clearly indicating in a graphic manner the specifics of the real property or lodging unit, commercial unit or residential unit, as the case may be.
(c) The certified copy of the master deed which originated the first condo hotel’s registration, to be recorded in the Property Registry, shall also have attached an appraisal of such real property, which shall be certified by an appraiser authorized to practice his/her profession in Puerto Rico. The registration fees to be paid at the Property Registry shall be determined pursuant to the Mortgage and Property Registry chapter.
History —Aug. 12, 2008, No. 249, § 4.109; Dec. 16, 2009, No. 178, § 10; June 24, 2010, No. 67, § 10.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296i - Registration procedure—In general

The condo hotel regime shall be organized in the Property Registry into a system of parcels interrelated by cross-referencing marginal notes. The registration of what has been built in the land shall be made in the parcel where the land is registered and shall be denominated the parent parcel, except if what has been built is located on another proprietor’s land, in which case, the parent parcel shall be that where the building is registered. Each lodging unit, commercial unit or residential unit shall be registered as a separate junior parcel within the registry of the parent parcel. All these registrations shall be preceded by the words “Property under Condo Hotel Regime”.
History —Aug. 12, 2008, No. 249, § 4.110, eff. 30 days after Aug. 12, 2008.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296j - Registration procedure—Specific circumstances with respect to the registration of the condo hotel on the parent parcel

(a) When registering the master deed, there shall appear as the circumstances of the entry those related circumstances set forth in § 2308 of Title 30, in accordance with those set forth in the regulation for its execution, and those set forth in § 1296f of this title, except as to the description of each lodging unit, commercial unit or residential unit contained in the condo hotel, in the record of the parent parcel it shall suffice to state the number of lodging units, commercial units, and residential units in each floor, stating the number of each kind of unit, the area, and their corresponding share percentage in the common elements and in the common property, without prejudice to the provisions of § 1296k of this title, relative to the registration of the lodging unit, commercial unit or residential unit deed, as the case may be. The works in the project, whether commenced or completed, as the case may be, shall also be included.
(b) In said entry, the common elements and the common property shall also be registered in favor of the owners of the real property, without indicating their names and last names, and their corresponding proportion.
History —Aug. 12, 2008, No. 249, § 4.111, eff. 30 days after Aug. 12, 2008.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296k - Registration procedure—Specific circumstances with respect to the lodging units, commercial units, and residential units on the junior parcels

(a) When registering lodging units, commercial units, and residential units on the junior parcels, there shall appear as the circumstances of the entry those circumstances resulting from § 2308 of Title 30, in accordance with those set forth in the Regulation for its execution, and § 1296g of this title, except for those set forth in subsection (a) of § 1296f of this title.
(b) Until the construction works of the respective lodging unit, commercial unit or residential unit have started, such lodging unit, commercial unit or residential unit may not be registered as a junior or independent parcel. Once the construction works have started, but not yet completed in the lodging unit, commercial unit or residential unit, those already completed and those pending construction shall be identified.
History —Aug. 12, 2008, No. 249, § 4.112, eff. 30 days after Aug. 12, 2008.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296l - Work completion statement in public deed; registration

Projects in progress or commenced, which have been subject to registration pursuant to § 1296i of this title or works already commenced pursuant to the provisions of § 1296j of this title, shall be recorded upon their completion on the particular registry of the respective parcel. The definite description of each lodging unit, commercial unit or residential unit built may be registered, even if only the works in progress or to be commenced are registered by making a marginal reference note on the parent parcel.
History —Aug. 12, 2008, No. 249, § 4.113, eff. 30 days after Aug. 12, 2008.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1296m - Ownership track registration of the share in common elements and common property, unnecessary

The ownership track shall be recorded on the junior registries of the respective lodging units, commercial units, and residential units. The share proportion or percentage in common elements or common property pertaining to the owners of the real property shall be deemed to be transferred or encumbered together with it, without having to register such transfer or encumbrance of the share proportion in such common elements and common property in the parent parcel.
History —Aug. 12, 2008, No. 249, § 4.114, eff. 30 days after Aug. 12, 2008.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1297 - Leasing contract

(a) Any person who acquires a lodging unit shall execute a leasing contract with the administrator within ten (10) days after the date of execution of contracts and deeds whereby such person acquires a lodging unit. The leasing contract shall empower the administrator to administer such lodging unit together with all other lodging units under the leasing program. In the event that a developer intends to retain ownership of one (1) or more lodging units, he/she shall maintain such lodging units under the leasing program while the same is in effect or while he/she is the owner of said lodging units.
(b) No owners of lodging units shall be entitled to participate in decisions over the administration of the condo hotel or to contest the actions taken by the administrator in discharging his/her functions, except as otherwise provided in the master deed, the leasing contract or this chapter. The administrator shall be entitled to budget and defray any program administration expenses without the previous consent of the owners of lodging units, whether these are regular program expenses or special program expenses. Capital improvements may be carried out without the approval of the owners of lodging units if it is specifically provided in the leasing contracts or the master deed.
(c) Every owner of a lodging units shall be entitled to receive rental proceeds, payable from time to time, as provided in the corresponding leasing contract.
(d) Every leasing contract shall contain at least the following provisions:
(1) The identity of any agent onto whom the administrator shall delegate the discharge of his/her obligations and the exercise of his/her rights and a copy of the corresponding leasing contract attached.
(2) Provisions to the effect that the owner of a lodging unit shall not have the right to terminate the leasing contract during the term thereof or to replace the administrator during the effective term thereof, except as the master deed or the leasing contract so allows.
(3) The method whereby the contribution for defraying the program’s administration expenses shall be imposed to and collected from the owners of lodging units.
(e) A leasing contract shall not be terminated nor shall the administrator be relieved from his/her duties by the owners of lodging units bound under such leasing contract, except to the extent allowed by § 1297c of this title or the leasing contract.
(f) As of the date of execution of the first leasing contract, the administrator shall keep the roster of lodging units owners duly updated in his/her main office.
History —Aug. 12, 2008, No. 249, § 5.101; Dec. 16, 2009, No. 178, § 11; June 24, 2010, No. 67, § 11.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1297a - Administration contract

(a) The administrator may delegate onto an agent, through the execution of the corresponding administration contact, the exercise of his/her rights and obligations under the leasing contracts. Said person may be an affiliate of the administrator engaged, whether exclusively or together with other activities, in the hotel property administration business or a non-affiliate entity engaged, whether exclusively or together with other activities, in the hotel property administration business. Said agent shall have all the powers and authorities conferred by the administration contact and this chapter, for the term of effectiveness of such administration contact.
(b) The rights and obligations of an agent related to the exercise of his/her duties shall be stated in the administration contract, which shall not contain provisions contrary to or inconsistent with the provisions of the leasing contracts, the master deed, and this chapter. The administration contract shall be terminated regardless of its term, in the event that the administrator is relieved from his/her duties pursuant to the provisions of this chapter. Notwithstanding the foregoing, the incoming administrator may keep the services of the agent of the outgoing administrator if both parties so wish. The administrator shall not be relieved before the owners of lodging units from his/her obligations under the leasing contracts for having delegated his/her responsibilities onto the same agent, except if otherwise agreed by the administrator and the owners of lodging units.
(c) The administrator shall be entitled to withdraw, remove or replace the agent as provided in the administration contract. The owners of lodging units shall not have any right to require the removal of the agent, since such action shall be an exclusive prerogative of the administrator; however, they may require the administrator to compel a derelict agent to comply with the obligations delegated onto him/her under the leasing contract.
History —Aug. 12, 2008, No. 249, § 5.102; Dec. 16, 2009, No. 178, § 12; June 24, 2010, No. 67, § 12.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1297b - Duties of the administrator and the agent

The administrator and the agent shall have the duty to act as the trustees of each owner of a lodging unit with respect to the operations and administration of the leasing program and as the trustees of all owners of the real property as to the administration of the common property, including incurring expenses and obligations and the contracting and subcontracting of services and supplies.
History —Aug. 12, 2008, No. 249, § 5.103; Dec. 16, 2009, No. 178, § 13; June 24, 2010, No. 67, § 13.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1297c - Administrator’s removal

(a) The owners of lodging units may only terminate all leasing contracts as provided in the contents thereof. Absent any provisions to such purposes, the leasing contract may be terminated for “just cause”. For purposes of this section, the term “just cause” shall mean:
(1) A gross violation by the administrator of his/her fundamental obligations as provided in the leasing contracts;
(2) A gross violation by the administrator of his/her duty to act as the trustee of the owners of lodging units, and
(3) bankruptcy or insolvency, or the filing of a lawsuit to declare the administrator bankrupt or insolvent.
(b) The action to terminate all leasing contracts shall, by no means, be carried out individually.
(c) All costs and expenses incurred with respect to the administrator’s removal and replacement process shall be defrayed by the owners of lodging units and be deemed to be program administration expenses, except as otherwise provided in the master deed.
(d) When the administrator is removed from office pursuant to the provisions of this section, owners of lodging units (including the developer and his/her affiliates, if any of them are owners of lodging units) in the number and proportion set forth in the master deed, shall select a new administrator. Once the new administrator is selected, the corresponding leasing contract assignments shall be executed, which shall be recorded in the Property Registry pursuant to the procedures set forth in the Mortgage and Property Registry Act. In the event that a new administrator is not selected for any cause within the term and under the conditions set forth in the master deed, the regime shall be deemed to be dissolved and the provisions of § 1296(e) of this title shall apply.
(e) The provisions herein shall not be construed as to impair the right of an owner of a lodging unit to institute any actions that may be in order against an administrator for any violation by the latter of the terms of a leasing contract.
History —Aug. 12, 2008, No. 249, § 5.104; Dec. 16, 2009, No. 178, § 14; June 24, 2010, No. 67, § 14.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1298 - Collection of program administration expense fees

In the event that the proceeds generated by a leasing program do not suffice to defray program administration expenses, the administrator may require that the owners of lodging units, if so allowed under the leasing contract, pay the portion of such expenses for which they are responsible, as such responsibility is established in the administration contract by means of a written notice. Each owner of a lodging unit in question shall be bound to make such payment in full within the term established therefor in the leasing contract. The administrator shall be entitled to institute any necessary or convenient legal actions, including the attachment of the lodging unit of the defaulting owner of a lodging unit in question, to ensure the satisfaction of the program administration expense fees, which having been duly notified, have not been satisfied as provided herein. The expenses incurred with respect to such legal actions shall be defrayed by the owner of a lodging unit in default. Insofar as the payment obligation provided herein is still not satisfied, the administrator shall also be empowered to deny the owner of a lodging unit in default his/her right to use and occupy his/her lodging unit and the common elements. The administrator shall also lease such lodging unit to condo hotel guests during the period in which the owner of a lodging unit in default would have had such right if it were not for the fact that he/she is an owner of a lodging unit in default, and use the rentals proceeds to which the owner of a lodging unit would otherwise be entitled under the leasing program, to satisfy the debt of such owner of a lodging unit in default.
History —Aug. 12, 2008, No. 249, § 6; Dec. 16, 2009, No. 178, § 15; June 24, 2010, No. 67, § 15.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1299 - Commercial units—Designation

(a) The developer may designate as commercial units any independent use units in the real property that are not to be designated as lodging units or residential units, whether to sell them in fee simple or to lease them to third parties or for his/her own use for commercial purposes.
(b) Commercial units shall not participate under the leasing program or be subject to the payment of program administration expenses. Notwithstanding the foregoing, the owners of said units may, in their discretion and according to the terms individually agreed upon and from time to time, lease their units for commercial use and contract with the administrator or agent for them to act as the administrators thereof. The proceeds obtained and expenses incurred by the administrator or his/her agent as a consequence of said contracts shall not be part of the proceeds on account of the leasing program, program administration expenses or basic expenses. The expenses or proceeds resulting from said administration activities shall be at all times accounted for separately from the proceeds of the leasing program, program administration expenses or basic expenses. The funds managed by the administrator or his/her agent with respect to such contracts shall be deposited in accounts separate from the leasing program accounts or those related to the administration of the common property. The use of leasing program funds or any funds related to the administration of the common property with respect to such contracts is hereby prohibited.
History —Aug. 12, 2008, No. 249, § 7.101; Dec. 16, 2009, No. 178, § 16; June 24, 2010, No. 67, § 16.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1299a - Commercial units—Payment of basic expenses

(a) The person who acquires a commercial unit shall be responsible before the administrator or his/her agent for the payment of basic expenses, which shall be payable on a monthly basis, except as otherwise provided in the master deed. The administrator or his/her agent shall be entitled to budget and incur any basic expense without the consent of the owners of the commercial units.
(b) Each owner of a commercial unit shall be bound to pay the basic expenses attributable to his/her unit as provided in the master deed within the time frame and in the manner provided in the master deed. The administrator or his/her agent shall have the right to institute any and all necessary or convenient legal actions, including the attachment of the commercial unit of the defaulting owner in question, to ensure the satisfaction of the basic expense fee.
History —Aug. 12, 2008, No. 249, § 7.102, renumbered as art. 7.102 on Dec. 16, 2009, No. 178, § 17 and on June 24, 2010, No. 67, § 17.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1299b - Commercial units—Participation in the decision-making process

No owner of a commercial unit shall be entitled to participate in the decision-making process relative to the administration of the condo hotel or to contest the actions that the administrator may take in the discharge of his/her duties as such, except as otherwise provided in the master deed or this chapter. Notwithstanding the foregoing, capital improvements shall only be carried out without the approval of the owners of commercial units if it so specifically provided in the master deed.
History —Aug. 12, 2008, No. 249, § 7.103, renumbered as art. 7.103 on Dec. 16, 2009, No. 178, § 18 and on June 24, 2010, No. 67, § 18.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1299c - Commercial units—Condo hotel services; contracting capacity

The owner of a commercial unit may contract directly with the administrator or his/her agent for the purpose of receiving services from the condo hotel. Any revenues obtained and expenses incurred by the administrator or his/her agent shall not be part of the revenues on account of the leasing program, program administration expenses or basic expenses. The expenses or revenues resulting from said administration activities shall be at all times accounted for separately from the revenues of the leasing program, program administration expenses or basic expenses. The funds managed by the administrator or his/her agent with respect to such contracts shall be deposited in accounts separate from the leasing program accounts or those related to the administration of the common property. The use of leasing program funds or funds related to the administration of the common property with respect to such contracts is hereby prohibited.
History —Aug. 12, 2008, No. 249, § 7.104, renumbered as art. 7.104 on Dec. 16, 2009, No. 178, § 19 and on June 24, 2010, No. 67, § 19.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1299d - Commercial units—Use of the commercial unit and the common property

The owner of a commercial unit may use such unit and the common property subject to those restrictions reasonably provided in the master deed and the provisions of § 1296e of this title. The owners of commercial units shall comply with all restrictions imposed by the applicable law for the operation of said commercial units, and the administrator may require that such owners obtain public liability insurance policies with liability limits sufficient to protect the owners of the real property and the administrator or his/her agent, as well as any condo hotel guests and visitors against any risks that the intended use of said commercial unit may pose.
History —Aug. 12, 2008, No. 249, § 7.105, renumbered as art. 7.105 on Dec. 16, 2009, No. 178, § 20 and on June 24, 2010, No. 67, § 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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1300 - Residential units—Designation

(a) The developer may designate as residential units, up to the maximum number provided in the master deed, any independent use units in the real property that are not to be designated as commercial units, whether to sell them in fee simple or to lease them to third parties or for his/her own use for residential purposes.
(b) Residential units shall not participate under the leasing program or be subject to the payment of program administration expenses. Notwithstanding the foregoing, the owners of said units may, in their discretion and according to the terms individually agreed upon and from time to time, lease their units for residential use and contract with the administrator or agent for them to act as the administrators thereof. The revenues obtained and expenses incurred by the administrator or his/her agent as a consequence of said contracts shall not be part of the revenues on account of the leasing program, program administration expenses or basic expenses. The expenses or revenues resulting from said administration activities shall be at all times accounted for separately from the revenues of the leasing program, program administration expenses or basic expenses. The funds managed by the administrator or his/her agent with respect to such contracts shall be deposited in accounts separate from the leasing program accounts or those related to the administration of the common property. The use of leasing program funds or funds related to the administration of the common property with respect to such contracts is hereby prohibited.
History —Aug. 12, 2008, No. 249, § 8.101, renumbered as art. 8.101 on Dec. 16, 2009, No. 178, § 21 and on June 24, 2010, No. 67, § 21.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1300a - Residential units—Payment of basic expenses

(a) The person who acquires a residential unit shall be responsible before the administrator or his/her agent for the payment of basic expenses, which shall be payable on a monthly basis, except as otherwise provided in the master deed. The administrator or his/her agent shall be entitled to budget and incur any basic expense without the consent of the owners of the residential units.
(b) Each owner of a residential unit shall be bound to pay the basic expenses attributable to his/her unit as provided in the master deed within the time frame and in the manner provided in the master deed. The administrator or his/her agent shall have the right to institute any and all necessary or convenient legal actions, including the attachment of the residential unit of the defaulting owner in question, to ensure the satisfaction of the basic expense fees.
History —Aug. 12, 2008, No. 249, § 8.102, renumbered as art. 8.102 on Dec. 16, 2009, No. 178, § 22 and on June 24, 2010, No. 67, § 22.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1300b - Residential units—Participation in the decision-making process

No owner of a residential unit shall be entitled to participate in the decision-making process relative to the administration of the condo hotel or to contest the actions that the administrator may take in the discharge of his/her duties as such, except as otherwise provided in the master deed or this chapter. Notwithstanding the foregoing, capital improvements shall only be carried out without the approval of the owners of residential units if it so specifically provided in the master deed.
History —Aug. 12, 2008, No. 249, § 8.103, renumbered as art. 8.103 on Dec. 16, 2009, No. 178, § 23 and on June 24, 2010, No. 67, § 23.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1300c - Residential units—Condo hotel services-contracting capacity

The owner of a residential unit may contract directly with the administrator or his/her agent for the purpose of receiving services from the condo hotel. Any revenues obtained and expenses incurred by the administrator or his/her agent shall not be part of the revenues on account of the leasing program, program administration expenses or basic expenses. The expenses or revenues resulting from said administration activities shall be at all times accounted for separately from the revenues of the leasing program, program administration expenses or basic expenses. The funds managed by the administrator or his/her agent with respect to such contracts shall be deposited in accounts separate from the leasing program accounts or those related to the administration of the common property. The use of leasing program funds or funds related to the administration of the common property with respect to such contracts is hereby prohibited.
History —Aug. 12, 2008, No. 249, § 8.104, renumbered as art. 8.104 on Dec. 16, 2009, No. 178, § 24 and on June 24, 2010, No. 67, § 24.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1300d - Residential units—Use

The owner of a residential unit may use such unit and the common property subject to those restrictions reasonably provided in the master deed and the provisions of § 1296e of this title.
History —Aug. 12, 2008, No. 249, § 8.105, renumbered as art. 8.105 on Dec. 16, 2009, No. 178, § 25 and on June 24, 2010, No. 67, § 25.
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 151 - Puerto Rico Condo Hotel Act (§§ 1295 — 1303) › § 1301 - Prescription of remedies

Any action or proceeding that any of the persons regulated under this chapter may wish to institute to enforce any of the provisions of this chapter shall be initiated within three (3) years as of the date on which said person became aware or should have become aware of the facts which would provide the grounds for such action or proceeding.
History —Aug. 12, 2008, No. 249, § 9.101, renumbered as art. 9.101 and amended on Dec. 16, 2009, No. 178, § 26; renumbered again as art. 9.101 and amended June 24, 2010, No. 67, § 26.