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 II-A - Timeshare (§§ 1251 — 1269d) › Chapter 147 - Puerto Rico Timeshare and Vacation Club Act (§§ 1251 — 1269d) › Subchapter XIV - General Provisions (§§ 1269 — 1269d) › § 1269 - Exclusivity

Subject to the provisions of § 1269a of this title, this chapter shall be the sole and exclusive law of Puerto Rico governing the creation and disposition of accommodations, timeshares and vacation club rights; no timeshare plan or vacation club or component site thereof, the creation and operation of which, and the offer and disposition of timeshares or vacation club rights or accommodations in connection with which, complies fully with all of the provisions of this chapter, shall be subject to any other statute which, but for the enactment of this chapter, would require registration with the Company or another local regulatory authority as a legal prerequisite to the offer and disposition of timeshares or vacation club rights or accommodations in Puerto Rico or the applicable local jurisdiction.
History —Dec. 26, 1995, No. 252, § 13-102, renumbered as § 14-102 on July 29, 2010, No. 106, § 10.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART II-A - Timeshare (§§ 1251 — 1269d) › Chapter 147 - Puerto Rico Timeshare and Vacation Club Act (§§ 1251 — 1269d) › Subchapter XIV - General Provisions (§§ 1269 — 1269d) › § 1269a - Securities law exemption

The offer and disposition of an accommodation, timeshare or vacation club right in a timeshare plan or vacation club which satisfies all of the requirements of this chapter shall not be deemed to constitute the offer and sale of a security under §§ 851 et seq. of Title 10, known as the “Uniform Securities Act”.
History —Dec. 26, 1995, No. 252, § 13-103, renumbered as § 14-103 on July 29, 2010, No. 106, § 10.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART II-A - Timeshare (§§ 1251 — 1269d) › Chapter 147 - Puerto Rico Timeshare and Vacation Club Act (§§ 1251 — 1269d) › Subchapter XIV - General Provisions (§§ 1269 — 1269d) › § 1269b - Act to Regulate Real Estate Business and Profession of Real Estate Broker, Salesperson or Companies in Puerto Rico—Application

For purposes of §§ 3026 et seq. of Title 30, known as the “Act to Regulate the Real Estate Business and the Profession of Real Estate Broker, Salesperson or Companies in Puerto Rico” the purchase and sale, promise to sell, option to buy and exchange of an accommodation, a timeshare or vacation club right coupled with a special property interest shall be deemed to, respectively, constitute the purchase and sale, promise to sell, option to buy and exchange of real property; and the lease of an accommodation and the purchase and sale or lease or the transfer of the right-to-use of a right-to-use timeshare, vacation club right, however evidenced or documented, shall be deemed to constitute the lease of property.
No seller of accommodations, timeshares or vacation club rights related to a timeshares property located in Puerto Rico shall be subject to the provisions of § 3035 of Title 20, which require that all partners or shareholders of a real estate company hold a real estate broker’s license.
No seller of vacation club rights in a vacation club having a component site in Puerto Rico, though it may have one or more component sites outside of Puerto Rico, shall be subject to the following provisions of §§ 3025 et seq. of Title 20:
(a) Subsections (j), (k), (m), and (p) of § 3026 of Title 20;
(b) Section 3034(i) of Title 20;
(c) Subsections (a) and (b) of § 3035 of Title 20 requiring that all the partners or shareholders of a real estate company hold a real estate broker’s license.
(d) Sections 3044, 3046—3053 and 3055 of Title 20;
(e) Section 3057(b) of Title 20 [excepting the last paragraph of said section]; and
(f) Section 3060(b) of Title 20.
History —Dec. 26, 1995, No. 252, § 13-104; Jan. 5, 1999, No. 3, § 43; renumbered as § 14-104 on July 29, 2010, No. 106, § 10.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART II-A - Timeshare (§§ 1251 — 1269d) › Chapter 147 - Puerto Rico Timeshare and Vacation Club Act (§§ 1251 — 1269d) › Subchapter XIV - General Provisions (§§ 1269 — 1269d) › § 1269c - Innkeepers’ Act—Application

Timeshare property and vacation club property shall be deemed included within the term “hotel” for purposes of applicability of §§ 711 et seq. of Title 10, known as the “Innkeepers Act of 1955”.
History —Dec. 26, 1995, No. 252, § 13-105, renumbered as § 14-105 on July 29, 2010, No. 106, § 10.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART II-A - Timeshare (§§ 1251 — 1269d) › Chapter 147 - Puerto Rico Timeshare and Vacation Club Act (§§ 1251 — 1269d) › Subchapter XIV - General Provisions (§§ 1269 — 1269d) › § 1269d - English version controls

This chapter shall be enacted in both the English and Spanish languages; Provided, however, That in the event of a conflict in the interpretation of this chapter, the English language version shall prevail.
History —Dec. 26, 1995, No. 252, § 13-106, renumbered as § 14-106 on July 29, 2010, No. 106, § 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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1271 - Property owned in common

When the ownership of a thing or of a right belongs undividedly to different persons, it is held to be owned in common.
In default of contracts or of special provisions, the common ownership of property shall be governed by the provisions of §§ 1271-1285 of this title.
History —Civil Code, 1930, § 326.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1272 - Shares of participants; presumption of equality

The share of the participants in the benefits as well as in the charges, shall be proportioned to their respective shares.
The portions belonging to the participants in the common ownership shall be presumed equal until the contrary is proven.
History —Civil Code, 1930, § 327.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1273 - Use of things held in common

Each participant may use the things held in common, provided he uses them in accordance with the purpose for which they are intended and in such a way as not to injure the interests of the common ownership, nor prevent the co-participants from utilizing them according to their rights.
History —Civil Code, 1930, § 328.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1274 - Expense of preservation

Each of the co-participants shall have the right to oblige the others to contribute to the expenses of preserving the thing or right held in common. Only the person renouncing the share belonging to him in the ownership can exempt himself from this obligation.
History —Civil Code, 1930, § 329.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1275 - Stories or parts of stories of buildings belonging to different owners

If the different stories of a building or parts of stories capable of utilization independently, on account of having their own exit to a common element thereof or to the public highway, belong to different owners, each of them shall have a particular and exclusive property right in the story or part thereof, and also a joint right of co-ownership in the other elements of the building necessary for its adequate use and enjoyment, such as the floor, foundations, basements, walls, moats, yards, wells, stairs, elevators, ways, hallways, covers, piping and electric wiring, drainage, easements, etc.
Parts in co-ownership are not, in any case, capable of division, and shall, in the absence of covenant, be presumed equal.
Repair and maintenance expenses of the common elements of the building shall, also in the absence of covenant, be paid for pro rata by all parties concerned, according to the value of each respective particular part, and this same norm shall govern the adoption of agreements by a majority vote.
The right of co-ownership in the common elements of a building may only be alienated, pignorated or attached by third parties, jointly with the part determined as particular, to which it is inseparably annexed.
If the owner of a story or part thereof, capable of utilization independently, wishes to sell it, he shall so notify, stating the price, to the other owners of the building, who shall have, with respect to outsiders, preference for acquiring the same, if within the ten days following the formal notice thereof they inform the seller of their desire to purchase.
In case of the concurrence of different bids, the sale shall be made to the person offering the highest price, and if the prices are all equal, preference shall be given to the owner of the story or part which is horizontally contiguous to the object of the sale, who may make his right effective through an ordinary action, or by exercising the right of redemption, according to the provisions of §§ 3921 and 3924 of this title. Conditions being equal, it shall be discretional with the seller to make the sale to any of the bidders.
No owner may vary substantially the purpose or structure of his story without the previous agreement of a majority of the other parties concerned.
History —Civil Code, 1930, § 330; May 13, 1951, No. 421, p. 1126.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1275a - Validity of common pro indiviso land sale

In order for the sale of common pro indiviso land to be valid, said sale must be conducted through a public deed which shall indicate the common pro indiviso portion or share corresponding to the buyer, the corresponding legal admonishments and the acceptance of the buyer to acquire the land in such a capacity.
History —Civil Code, 1930, added as § 330-A on Aug. 7, 1998, No. 193, § 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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1276 - Change in common property

None of the several owners shall, without the consent of the others, make any change in the common property, though benefits for all may result therefrom.
History —Civil Code, 1930, § 331.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1277 - Decision of majority as to management

The resolution of the majority of the participants as to the management and better enjoyment of the thing held in common shall be binding on all.
A majority shall not be deemed to exist except when the resolution has been taken by the participants representing a majority of the interests which constitute the object of the common ownership.
If no majority results, or if the resolution of the majority is seriously prejudicial to the persons interested in the thing held in common, the Court of First Instance, on petition of any of the parties, shall decree what may be proper, including the appointment of an administrator.
When a part of the thing belongs privately to one or to several of the part-owners, and the remainder in common, the preceding provisions shall only apply to the part held in common.
History —Civil Code, 1930, § 332.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1278 - Ownership of parts

Each one of the part-owners shall have the absolute ownership of his part and that of the fruits and profits belonging thereto, and he may, therefore, sell, assign or mortgage the same, and even substitute another person in the enjoyment thereof, or lease such part, unless personal rights are involved. But the effect of the alienation or mortgage in relation to the part-owners shall be limited to the share which may be allotted to them in the division upon the termination of the common ownership, and the effect of the lease shall be to confer on the lessee during the term of the contract, the powers of the part-owner in regard to the administration and better enjoyment of the common property.
History —Civil Code, 1930, § 333.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1279 - Division of thing held in common

No part owner shall be obliged to remain a part to the common ownership. Each of them may, at any time, demand the division of the thing held in common.
Nevertheless, the stipulation of keeping the thing undivided, for a stated period of time, not exceeding ten years, shall be valid. This term may be extended by a new agreement.
History —Civil Code, 1930, § 334.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1280 - When division not enforceable

Notwithstanding the provisions of the preceding section, the part-owners cannot compel a division of the thing held in common to be made, when by so doing they may render it unserviceable for the use for which it was intended.
History —Civil Code, 1930, § 335.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1281 - Procedure for division

The division of a thing held in common may be made by the interested parties or by arbitrators or friendly compromisers, appointed at the will of the part-owners.
In case it is made by arbitrators or friendly compromisers, they shall divide it into parts proportional to the rights of each part-owner, avoiding, as far as possible, payments of balances in cash.
History —Civil Code, 1930, § 336.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1282 - Concurrence or objection of creditors or assignees

The creditors or assignees of the part-owners may concur in the division of the thing held in common and object to any division which may be made without their concurrence. But they cannot object to a division already made except in cases of fraud, or when made notwithstanding a formal opposition interposed to prevent it, without prejudice, however, to the rights of the creditor or assignee to maintain its validity.
History —Civil Code, 1930, § 337.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1283 - Indivisible thing

When the thing held in common is essentially indivisible, and the part-owners cannot agree that it be adjudged to one of them, he indemnifying the others, then it shall be sold and the proceeds distributed.
History —Civil Code, 1930, § 338.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1284 - Rights of third persons

The division of a thing held in common shall not cause injury to a third person, who shall retain the rights of mortgage, servitude or other real rights belonging to him before the division was made. The personal rights belonging to a third person against the common ownership shall also remain in force, notwithstanding the division.
History —Civil Code, 1930, § 339.
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 149 - Rights and Duties of Co-Owners (§§ 1271 — 1285) › § 1285 - Rules applicable to division

The rules relating to the division of inheritances shall apply to the division amongst part-owners.
History —Civil Code, 1930, § 340.
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 I - General Provisions (§§ 1291 — 1291s) › § 1291 - Applicability of chapter

The provisions in this chapter apply exclusively to the set of apartments and common elements whose single owner (or all owners, if there are more than one) expressly states, in a public title, the desire to submit the referenced property to the horizontal property regime set forth in this chapter, and inscribes said title in the Registry of the Property.
The horizontal property regime may be set forth over real estate located on land belonging to another person, if the owner of the land grants the lease, usufruct, or surface rights perpetually to the builder or the condominium tenant.
The title that sets forth the horizontal property regime shall clearly and precisely state the purpose and use of all areas comprised by the property, and, unless otherwise authorized by this chapter, once said purpose and use have been established, they can only be changed by means of the unanimous consent of the owners.
History —June 25, 1958, No. 104, p. 243, § 2; June 4, 1976, No. 157, p. 461, § 1; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 3, 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 I - General Provisions (§§ 1291 — 1291s) › § 1291a - Apartment, definition

For the purposes of this chapter, apartment shall be understood to be any unit of construction, sufficiently delimited, consisting of one or more cubic spaces, closed, partially closed, or open, and its annexes (if any), even if they are not contiguous, provided that said unit:
(1) Is susceptible to any type of independent utilization, and
(2) has a direct exit to a public thoroughfare or a given common space leading to such thoroughfare.
The square measure of the areas recorded in the master deed and/or plans constituting a building as the annex of an apartment for the particular use of such apartment, thus excluding all other apartments, shall not be included when computing the square area of the apartment in question or its percentage share in the common elements of the real property, except that the sole owner of the apartments or, if more than one owner, all owners by unanimity, in the original master deed for the constitution of the regime and/or those documents prepared and executed to modify an already existing regime, expressly provide otherwise for one or more annexes, in which case, for such purpose, only those annexes so specified in the original master deed or the documents to amend an existing horizontal property regime shall be taken into account.
History —June 25, 1958, No. 104, p. 243, § 3; June 4, 1976, No. 157, p. 461, § 1; Aug. 15, 2008, No. 281, § 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 I - General Provisions (§§ 1291 — 1291s) › § 1291b - Effect of submission to horizontal property regime

Once the property is submitted to the horizontal property regime, the apartments mentioned in § 1291a of this title may be individually conveyed and encumbered and be the object of ownership or possession, and of all types of juridic acts inter vivos or mortis causa, entirely irrespective of the rest of the property of which they are a part, and the corresponding titles shall be recordable in the Registry of Property according to the provisions of this chapter and of the Mortgage Law.
History —June 25, 1958, No. 104, p. 43, § 4; June 4, 1976, No. 157, p. 461, § 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 I - General Provisions (§§ 1291 — 1291s) › § 1291c - Effect of conveyance or encumbrance and subrogation of rights—Apartment planned and not begun

In cases of the conveyance or encumbrance of an apartment that has been planned but not yet under construction, there shall be deemed to be acquired by the new owner or encumbered the share corresponding to the conveyor or in the proper case, to the debtor in the common elements of the property in project, and his right to have the apartment constructed, and the acquirer shall be understood to be subrogated in the rights and to the extent of the former, for all legal purposes.
History —June 25, 1958, No. 104, p. 243, § 5; June 4, 1976, No. 157, p. 461, § 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 I - General Provisions (§§ 1291 — 1291s) › § 1291d - Effect of conveyance or encumbrance and subrogation of rights—Apartment under construction

In case of the conveyance or encumbrance of an apartment already under construction, the shares to which § 1291c of this title refers shall be deemed acquired or encumbered, and the part already constructed of the apartment in question shall be deemed individually acquired or encumbered, the acquirer being also subrogated in the rights and to the extent of the conveyer, for all legal purposes.
History —June 25, 1958, No. 104, p. 243, § 6, 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 I - General Provisions (§§ 1291 — 1291s) › § 1291e - Number of co-owners

Each apartment may belong in common ownership to more than one person.
History —June 25, 1958, No. 104, p. 243, § 7, 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 I - General Provisions (§§ 1291 — 1291s) › § 1291f - Right of owner to his apartment; basis for determining share

The owner shall have an exclusive right to his apartment and to a share, with the other co-owners, in the common elements of the property, equivalent to the percentage representing the area of the apartment in the area of all the apartments in the property. In the case of apartments with two or more levels, the area of each level shall be considered.
History —June 25, 1958, No. 104, p. 243, § 8; June 4, 1976, No. 157, p. 461, § 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 I - General Provisions (§§ 1291 — 1291s) › § 1291g - Mortgage credits constituted before or after submission to regime; consent of co-owners

The mortgage credits constituted prior to submitting the property to the horizontal property regime shall be subject to the provisions set forth in § 2570 of Title 30, but the creditor, upon initiating the collection procedures, shall direct the action for the total guaranteed amount simultaneously against all the owners of apartments with liens. If such credits are constituted after the property is organized under the horizontal property regime, their distribution shall be conducted in the manner referenced in § 2566 of Title 30 among apartments with liens that are already built; and regarding apartments merely projected or still being built, the distribution of the credit should be conducted among the participations or inscribed rights, pursuant to §§ 1291c and 1291d of this title.
The mortgage of the common elements of real estate built under a horizontal property regime can only be brought about by means of the unanimous agreement of all the owners.
History —June 25, 1958, No. 104, p. 243, § 9; June 4, 1976, No. 157, p. 461, § 1; Apr. 5, 2003, No. 103, § 4, 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 I - General Provisions (§§ 1291 — 1291s) › § 1291h - Foreclosure by single action after distribution of mortgage credits

Whenever credits have been distributed under the preceding § 1291g of this title the foreclosure action may be conducted in one sole proceeding and with one sole certification from the Registry of Property.
History —June 25, 1958, No. 104, p. 243, § 10, 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 I - General Provisions (§§ 1291 — 1291s) › § 1291i-1 - Transfer of common elements

Areas such as units, parking spaces, or locations, that are susceptible to individual use, whose ownership has been assigned to the Apartment Owner’s Association, shall be for the common good, as well as private apartments acquired by the Apartment Owner’s Association by means of cession, seizure in debt collections, or by any other legal means.
Acquisition of a common location or apartment by means of seizure in debt collections shall require the approval of the majority of the Apartment Owner’s Association. The transfer of this type of element shall not be free of charge and requires the same approval, provided the proceeds of the sale or transfer is designated to defray debts or expenses for the maintenance of common areas. The transfer to defray any other expense, or to defray expenses for improvement projects shall require the consent of the owners, pursuant to the requirements for obtaining approval of the expense or project being considered.
Once the apartment has been transferred, it shall no longer be considered as a common element.
History —June 25, 1958, No. 104, p. 243, added as § 11-A on Apr. 5, 2003, No. 103, § 6, 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 I - General Provisions (§§ 1291 — 1291s) › § 1291j - Limited common elements of the property

Also deemed common elements, but limited in character if so expressly agreeed upon by all co-owners of the property, shall be those devoted to the service of a certain number of apartments to the exclusion of the others, such as special corridors, stairways and elevators, sanitary services common to the apartments of a particular floor, and the like.
History —June 25, 1958, No. 104, p. 243, § 12; June 4, 1976, No. 157, p. 461, § 1; 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 I - General Provisions (§§ 1291 — 1291s) › § 1291k - Indivisibility of common elements

The common, general, and limited elements shall be kept in compulsory indivisibility and shall not be subject to an action of community division. Any agreement to the contrary shall be null and void.
The Board of Directors shall handle the necessary procedures for the most appropriate and efficient operations and management of the equipment or general common elements, following the guidelines set forth and the budget approved by the Apartment Owner’s Association. Matters pertaining to the limited common elements shall be under the management of the owners of the apartments to whom the same were allocated. If the benefited owners do not perform the maintenance works of their respective limited common limited elements, and so cause harm to the building or to the other owners, the Board of Directors may perform said works at the expense of the owners to whom the referenced elements were allocated.
All owners are duty bound to allow passage through the limited common elements enjoyed by their apartments when necessary for the performance of maintenance works or improvements of equipment, or of their respective limited common elements. Access shall be coordinated with the pertinent owner, making sure that enjoyment of the apartment is obstructed as little as possible.
The Apartment Owner’s Association may allow, by means of majority vote, the existence or installation of iron grillwork placed in common areas by one or several owners, if so warranted for more security for their respective units, if by so doing the enjoyment or safety of other apartments is not affected, and access to other common areas is not obstructed.
History —June 25, 1958, No. 104, p. 243, § 13; Apr. 5, 2003, No. 103, § 7, 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 I - General Provisions (§§ 1291 — 1291s) › § 1291l - Use of common elements—Equipment and machinery

Each owner shall use the common elements in accordance with their purpose, without restricting or obstructing the legal rights of others, under the following conditions:
(a) By majority vote of the Apartment Owner’s Association, installation of equipment on the roof may be authorized for one or several owners for the exclusive enjoyment of their apartments, if such installations do not curtail the enjoyment of another unit, in which case the compliance of the affected party is required.
(b) Also by authorization, equipment or machinery for the enjoyment of a limited number of apartment owners may be installed in common areas, if they assume the costs entailed, and the future maintenance costs. To obtain the referenced authorization, said apartment owners shall certify to the Apartment Owners’ Association that the installation and use of such equipment or machinery, according to expert opinion, does not substantially alter the appearance or architectural design of the structure, does not affect the safety or solidity of the building, and does not obstruct the enjoyment of the other units. Apartment owners who originally would not have contributed toward such improvements may benefit from the same if they contribute the proportional costs that would have corresponded to them afterwards, paying the legal interest.
In any case, if the location of the equipment affects the appearance of the structure, its installation shall require the consent of all the owners. The Apartment Owners’ Association may impose a special fee to those apartments that benefit from this authorization, pursuant to the provisions set forth in subsection (e) of § 1293b of this title.
History —June 25, 1958, No. 104, p. 243, § 14; June 4, 1976, No. 157, p. 461, § 1; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 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 150 - Horizontal Property (§§ 1291 — 1294e) › Subchapter I - General Provisions (§§ 1291 — 1291s) › § 1291l-1 - Use of common elements—Parking space

When the parking area is a common element, all owners shall have the right to use a parking space with the capacity to accommodate an automobile per occupied apartment owned. No owner may use a parking space that exceeds such capacity, if by so doing another owner is deprived of the effective enjoyment of such common element. If the number of parking spaces with capacity to accommodate an automobile were less than the number of apartments, and there are more apartment owners interested in their use than available parking spaces, there shall be a lottery for said parking spaces among the interested parties for their use for the term designated by the Owners’ Association, in such a manner that access to such spaces is guaranteed for all the interested parties.
By the Apartment Owners’ Association majority agreement, the parking of automobiles may be allowed in common access roads for the enjoyment of all the apartment owners. If the amount of parking spaces is less than the number of apartment owners interested in using them, there shall be a lottery for said parking spaces, as set forth in the foregoing paragraph. The Association shall determine the terms and conditions for participation in the lottery, including the collection of a rate of rental, if it so deems convenient, and may adopt any other method for the best use of this parking area, if by so doing enjoyment of or access to the private spaces is not obstructed.
By agreement of two thirds (2 / 3) of the owners that in turn comprise two thirds (2 / 3) of the participations in the common areas of the structure, additional parking areas may be enabled or built, if by so doing the green areas are not substantially affected, the necessary permits from the pertinent government agencies are obtained, and there is compliance with the conditions set forth in subsections (d) and (e) of § 1293b of this title. Likewise, areas so enabled may be constituted as a common element or as annexes to the apartments by vote, in which case they shall be subject to the provisions set forth in subsection (b) of § 1291i of this title.
History —June 25, 1958, No. 104, p. 243, added as § 14-A on Apr. 5, 2003, No. 103, § 9, 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 I - General Provisions (§§ 1291 — 1291s) › § 1291l-2 - Rental and sale of parking spaces

Any owner of an individual parking space not subject to the apartment’s ownership, who wishes to sell or rent such parking space, shall give proper notice and priority to the owners of the condominium community. The parking space owner shall be required to place a visible notice in the condominium for a period of thirty (30) days and to notify his/her intent to sell or rent such parking space to the Condominium’s Board of Directors within a term of ten (10) days prior to the thirty (30)-day period to place the notice in the condominium notifying such sale or rental.
The Condominium’s Board of Directors is hereby authorized, with the consent of a majority of the Tenants’Association, to acquire by purchase or rental any such parking spaces on sale by parking space owners.
Any transaction or sale of a parking space inconsistent with the provisions of this section shall be void.
History —June 25, 1958, No. 104, p. 243, added as § 14-B on Mar. 18, 2010, No. 31, § 1; Dec. 16, 2011, No. 260, § 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 I - General Provisions (§§ 1291 — 1291s) › § 1291m-1 - Notice to director or board of directors

All unit owners shall communicate to the Director or Board of Directors within the thirty days following the date of the purchase of their apartment unit, their name, last names, general information, and address, as well as the date and other details of the acquisition of their apartment unit, showing irrefutable proof of such matters, in addition to the registration of their signature in the Book of Unit Owners.
In the event of the sale, cession, or lease of the apartment unit, the unit owner shall notify same to the Director or the Board of Directors, stating name, last names, general information and address of the acquirer or tenant, as well as require from the acquirer or tenant a statement expressing that same knows and faithfully observes the precepts set forth in this chapter and the Regulations, as well as the foundations of the horizontal property regime, to be included in the transfer or lease agreement.
The owner lessor shall continue to bear sole responsibility for the payment of fees for the common expenses, and shall also be responsible for compliance by the lessee with this chapter and the Regulations.
History —June 25, 1958, No. 104, p. 243, added as § 15-A on June 4, 1976, No. 157, p. 461, § 2; Apr. 5, 2003, No. 103, § 11, 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 I - General Provisions (§§ 1291 — 1291s) › § 1291n - Agreements regarding maintenance and use of elements held in common

The majority of the owners shall agree upon the necessary works for the preservation or security of the building, and the efficient use of the common areas. If the efficient use works curtail the enjoyment of any particular owner, such works cannot be performed without the consent of the affected owner.
The unanimous consent of all the owners is required for all works that adversely affect the common elements of the building.
History —June 25, 1958, No. 104, p. 243, § 16; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 12, 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 I - General Provisions (§§ 1291 — 1291s) › § 1291o - Payment for urgent repairs; recovery from other co-owners

When the building or its common elements require urgent or necessary repair, security, or preservation works, any owner may perform them at his/her own expense and recover from the other owners the proportional payment for the expenses incurred, by means of the pertinent explanations with supporting data.
Regarding urgent or necessary works, the recovery of the expenses shall proceed if the Board of Directors, once notified, had not acted with the due diligence warranted by such works, except when under emergency situations. The reimbursement shall be requested no later than thirty (30) days after having made the payment. The Board shall verify the reimbursement request, and if appropriate, it shall make the payment within thirty (30) days, if same does not exceed 10% of the budget, in which case the procedure to follow is set forth in subsection (d)(2) of § 1293b of this title. Unless so authorized by the Board, the owner shall not compensate such an expense against the maintenance fee. In any case, recovery by an owner for necessary works or reimbursement shall not proceed if the Condominium Association decides to postpone or not perform the same. The owner who feels having been harmed by such decision may request assistance from the authority with jurisdiction.
History —June 25, 1958, No. 104, p. 243, § 17; Apr. 5, 2003, No. 103, § 13, 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 I - General Provisions (§§ 1291 — 1291s) › § 1291p - Prohibition of new construction and other work without unanimous consent

No unit owner may, without the unanimous consent of the others and without having the corresponding permits from the pertinent agencies, build new floors, build basements, perform excavations, or perform works that affect the security, solidity, and preservation of the building.
History —June 25, 1958, No. 104, p. 243, § 18; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 14, 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 I - General Provisions (§§ 1291 — 1291s) › § 1291q - Right of redemption upon conveyance of indivisible share

Where an apartment belongs undividedly to several persons and one of them conveys his share, the other co-owners of that apartment shall have the right of redemption provided in § 3922 of this title.
History —June 25, 1958, No. 104, p. 243, § 19; June 25, 1959, No. 77, p. 209, § 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 I - General Provisions (§§ 1291 — 1291s) › § 1291r - Distribution of common profits

The common profits of the property shall be distributed among the co-owners of the apartments according to the percentage represented by each in the common elements of the property, in conformity with the percentages allotted to the apartments under § 1291f of this title.
History —June 25, 1958, No. 104, p. 243, § 20; 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 I - General Provisions (§§ 1291 — 1291s) › § 1291s - Majority of co-owners and council of co-owners, meaning of terms; quorum

The bylaws referred to in § 1293 of this title shall specify which of the following two definitions of majority shall govern for the property in question:
(a) At least one-half plus one of the co-owners; or
(b) at least one-half plus one of the co-owners whose apartments in turn represent at least fifty-one percent of share in the common elements, in accordance with the percentages assigned to the apartments pursuant to § 1291f of this title.
Likewise, whenever this chapter refers to the Council of Co-Owners, this shall be held to be all the co-owners, but a majority, as defined in the bylaws shall, except as otherwise provided herein, constitute a quorum for the adoption of decisions.
History —June 25, 1958, No. 104, p. 243, § 21; 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) › § 1292a - Contents of deeds of individual apartments

The deed of each individualized apartment shall state the particulars prescribed in § 1292(b) of this title relating to the apartment concerned and, also, the percentage pertaining to said apartment in the common elements of the property. If the land on which structure is located is held under a lease or usufruct title, the deed shall so state, specifying the date on which the lease or usufruct expires.
History —June 25, 1958, No. 104, p. 243, § 23; June 4, 1976, No. 157, p. 461, § 3.