Condominium Regulations

These secure, well planned, gated communities are spreading as the new and chic way to own a coastal residence in our country. One main advantage is that most North American buyers are familiar with this type of organized community ownership.

Among the main features of it is the existence of a “management” for the condo, whether this is exercised by a single person or a managing board.

When buying or owning a lot or unit in a condo development, it is fundamental to consider the content of the Costa Rican law related to condo ownership and its bylaws (Ley Reguladora de la Propiedad en Condominio y su Reglamento), as well as all the condos’ bylaws and regulations.

Condos are entities formed by common areas and other common elements on the one side, and private units (Fincas Filiales) on the other. Common areas are, but are not limited to, water drainage, streets, sidewalks, parking areas, recreational areas, maintenance rooms, and garbage disposal areas.

The common elements are, according to the law: the land where a building is settled in vertical constructions, which results in that two units or more can be settled upon the same ground, or whenever necessary for it to be common ground. The establishments assigned to the administrative or security personnel lodging; the facilities and installations for central services such as electricity, telephones, gas, water, cooling systems, tanks, water pumps, wells, elevators, residue incinerators and, in general, all the artifacts and installations assigned for common benefit.

This list is not exhaustive, since all necessary elements for the existence, security, health, conservation, access and decoration of the condo are common elements.

Units are lots or constructed apartments sold as private property. The owners of these units are called condominium owners (Condos). The decisions made by owners will be agreed in the Condo Owners Association meeting, in which all unit owners in the condo community are brought together.

The administration of the condo is the responsibility of the manager, appointed by the association and in charge of condo administration. The regulations of every condo establish the rules, conditions and requirements for the appointment of the manager, including the term of appointment, if this is renewable, what compensation it will receive, if and how it may be removed, etc.

In this Condo Owners Association meeting the manager must present an annual report and financial statement so that the budget from the next year can be approved. Condo assessments, including common expenses and others will be included in this budget.

The obligations, duties and rights of the manager are defined in the Ley Reguladora de la Propiedad en Condominio and its by-laws, and in specific by laws of the condo (CC&Rs).

The manager has a general duty of care and vigilance of the common amenities and services, the attention and operation of the facilities and general services, all the acts of administration and conservation of the condo as well as the fulfillment of the agreements taken in the Condo Owners Association meeting. In addition, they have an obligation to collect from every owner the corresponding assessments for the common expenses (Condo Assessments) and to ensure the compliance with the provisions described by the law, its by-laws, and the condo regulations.

The manager is also in charge of ensuring that condo owners do not assign their units to unlawful and/or immoral uses, against moral conventions, nor assign them for purposes which are not expressly authorized by the condo regulations.

Additionally, the manager must ensure that the condo owners neither execute acts or omissions that could jeopardize the peace of others nor compromise the solidity, security, health or comfort of the condo. Otherwise, the manager or any condo owner may request the imposition of a fine, either directly or through the judge, in conformity with the regulations and the law. Likewise, the manager of the condo, with power of attorney previously granted by the respective owner, is able to evict a non-owner occupant of a unit, who repeatedly breaches the condo regulations or alters the normal coexistence of the owners.

In addition, when an owner wishes to sell his unit, the manager will be requested to issue a certification stating that the owner has no unpaid condo assessments.

Finally, unless otherwise stipulated, the manager will have general power of attorney regarding the condo and the common elements to represent the condo as a whole.

It becomes obvious that the manager has a great role to play in the day to day of a condo.