2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VI - Tourism (§§ 6001 — 6982i) › Chapter 156 - Assessments to Residential Tourism Projects (§§ 6871 — 6874) › § 6871 - Definitions

(1) Constituent documents.— Shall mean the master deed; supplemental deeds; equitable easements; easements of any kind; restrictive covenants; design, building, or architectural guidelines; and any norms or regulations established from time to time by the owner and/or developer of the tourist residential project or any administrative body of the tourist residential project.
(2) Common element.— Shall mean any personal or real property that the owner and/or developer of the tourist residential project or the administrative body owns, holds under lease, or otherwise owns, encumbers, or has ownership rights thereof, which is determined under the constituent documents to be necessary from time to time for the use and enjoyment of owners, including, but not limited to, the main entrance, security stations, streets, signs, lighting posts, jogging, bicycle or hiking trails, visitor’s parking lots, green areas, gardens, lakes, and trees.
(3) Common expenses.— Shall mean any estimated or actual expenses incurred or to be incurred for the owners’ benefit and enjoyment, including any reserve, as determined to be necessary and/or appropriate from time to time under the constituent documents, including, but not limited to, expenses concerning security, operations, repairs, replacement and/or maintenance of common elements, and expenses related to capital improvements in common elements or property destined to be a common element. common expenses do not include expenses incurred in the initial development or original construction of the tourist residential project.
(4) Assessments.— Shall mean, as a whole, the basic assessment, the special assessment, and the specific assessment as established in the constituent documents or from time to time by the owner of the tourist residential project or any body created to administer the tourist residential project.
(5) Basic assessment.— Shall mean the assessment authorized under constituent documents to defray common expenses and capital improvements in a tourist residential project.
(6) Special assessment.— Shall mean the assessment authorized under constituent documents to defray unforeseen common expenses or capital improvements, deficiencies in common expense estimates, expenses in excess of estimates, delinquency in the payment of assessments, special projects, improvements, developments, or construction projects in common elements, or any other kind of expense related to common elements or capital improvements in a tourist residential project.
(7) Specific assessment.— Shall mean the assessment authorized on any unit under constituent documents for administrative and/or operating expenses regarding the rendering of any specific service to the unit’s owner; expenses incurred to make the unit compliant with the constituent documents; and expenses incurred as a consequence of the owner’s behavior or that of guests, relatives, agents, or contractors, in violation of any constituent document or provision or section of any law, regulation, ordinance, or order from any governing, quasi-governing, or administrative body of the tourist residential project in question.
(8) Tourist residential project.— Shall mean an integrated development of a fundamentally tourist nature which has at least one component that has been granted a concession under §§ 6001 et seq. of Title 23, known as the “Tourism Development Act of 1993,” or any successor law.
(9) Owner.— Shall mean the proprietor or holder of a property right in fee simple over a unit or part thereof, including any person who is a registered owner of the unit or part thereof as co-owner or who has an indivisible interest that includes his/her heirs, successors, and assignees.
(10) Unit.— Shall mean a construction unit that is sufficiently delimited and suitable for any kind of independent use within a tourist residential project, including the land on which said unit is located and any improvement, that constitutes a separate land lot for purposes of §§ 2001 et seq. of Title 30, known as the “Mortgage and Property Registry Act” and which can be subject to ownership or transfer, and may be encumbered by a lien.
History —Dec. 16, 2009, No. 172, § 3.