Act 5038 About the Condominiums
Art. 1. The your property Of buildings with two or more floors, it may be divided by floors or by apartments, dwellings or independent premises provided that the owner or owners make register his or her derechos in accordance with the regime established by this ActOtherwise the following will apply: right común.
Art. 2. To enjoy the regime special that establishes this law, the housing departments or premises in which the floors are divided must have a direct exit to the by public, a courtyard, a staircase or a hallway común, making them usable independently.
Art. 3. Each owner es owner from his flat, department, dwelling or local, and, to lack of contrary mention in the title, all are co-owners of the land and all parts of it. building that are not affected by the use exclusive to any of them, such as patios, walls, roofs and work thickness of floors, stairs and elevators, hallways and pipes and installations benefit común except those found inside each department.
Owners may extend or restrict the number of common things and even limit the co-ownership of some of them among the people who use them or who must have them cargo their care and maintenance due to the position of their respective premises.
Art. 4. Except convention contrary, each owner, for the enjoyment of your your property exclusive, may freely use common things as seen here to their destination, without damage of the right from the other owners. It will be obliged to contribute proportionally to the costs related to the conservation, maintenance, reparación y administration of common things. lack de convention contrary, that contribution will be proportional to the value of the divided fractions of the property, taking into account account its extension and its situation. The porcentaje which is set out in the regulations that must be registered when submitting the your property al regime of this law, may only be modified by the unanimous agreement of all interested parties.
Art. 5. The derechos in owner common things are inseparable from the your property of their respective floors, apartments or premises. Without necesidad Of special mention, these derechos are passed on to the purchaser of a right part, principal o accessory, on part divided from the property.
Art. 6. Each owner can alienate, mortgage or in any other crafts to affect o give for rent the apartment, department, dwelling or the premises that belong to it, without necesidad of the consent of others.
Art. 7. Each owner will attend to your Rib, to the conservation and reparación from his own flat, department dwelling or local. You may not make innovations or modifications that may to affect the safety or aesthetics of the building or common services; nor use it for purposes other than those provided for in the regulations of the building, And in /// de duda, to those who should be presumed by the nature of the building and its location; nor disturb the tranquility of the neighbors or exercise activities contrary to the moral or good manners or that compromise the security of the property.
Art. 8. The following will be required: consent of all owners to build new floors or carry out new works or installations that affect the building or its dependencies, except provision contrary to the regulations. The consent of all owners to modify the agreements that declare, extend or restrict the number of common things or that limit the co-ownership.
Art. 9. For the purposes of good administration and enjoyment of common things and for the sole done to be organized your property in the crafts which establishes this law, all owners of the flats, apartments, homes and premises of the building are, obligatorily and fully, right, a consortium, with personality legal entity, which will act as a legal entity in relation to third parties and the owners themselves. representative legal of all the owners through a administrator. The powers of the consortium of owners, even when issuing or modifying the regulations, are limited to the collective application measures that concern exclusively the enjoyment and administration of common things.
Art. 10. The consortium of owners may replace the existing regulations or make additions or modifications to them, which will be binding on all owners and their successors in title. However, embargo, the regulation or its modifications, as well as the exceptional agreements referred to in articles 3, 4 and 8 are not obligatory with respect to the beneficiaries title particular nor enforceable against third parties except after haber been deposited in copy in the office of Registrar of corresponding Titles, and of haber been noted on the back of the Certificate Original de Title and existing duplicates.
Art. 11. Owners are obliged to contribute to the paid of the premiums for collective insurance on risks that threaten the property or the co-owners as a whole, when so provided by the consortium of owners or the regulations.
Art 12. The resolutions of the consortium of owners will be mandatory provided that they have been taken by mayoria of votes of all interested parties, in duly convened assemblies. Each owner will right a number of votes proportional to the importance of their derechos in the property, which will be fixed conventionally when registering the your property according to this law.
This participación in the votes can only be modified by the consent unanimous vote of all the owners. A vote of mayoria of the three parts of the votes of the owners and one mayoria ordinary session of the same to dictate, modify or replace provisions of the regulations for which this law or the regulation original do not demand the consent unanimous decision of the owners.
Art. 13. A lack a administrator appointed by the consortium of owners, any of them may address the Judge of Peace of the jurisdiction where is it located building for the appointment of a judicial administrator, citing all interested parties.
Art. 14. Unless otherwise provided in the regulations, administrator, whether named by the consortium of the owner or by the judge of peace, will have his cargo la execution of the decisions of the assembly of the consortium, and, if necessary, will attend to the matter on its own initiative. guard of common things and their conservation and maintenance in good condition state de use, and may compel each of the interested parties to fulfillment their obligations.
The powers of administrator They will be revoked in the same manner in which they were granted, by the consortium of owners or by the judge of peace, citing the most diligent to the other interested parties, who may give to make their views known. The appointment of a administrator by consortium of owners produces fully right la revocation of the judicial administrator. The remuneration of the judicial administrator will be determined by the same ordinance that designates it and
This remuneration will be adjusted to the bases established in the regulations.
Art. 15. The administrator, whatever the crafts of his appointment, represents the consortium of the owners of the property, carefully , the plaintiff or as defendant and even against the same owners individually. You will need the authorization prior to the assembly of owners to act as plaintiff or as recurrent. The administrator will act at name of the consortium of the property owners, without having to mention the name of each of the owners.
Art. 16. Any owner can, in absence of the administrator and not mediating opposition of the others, who will be previously warned, to do the spending necessary for the conservation or reparación of common things, to cargo de reimbursement.
Art. 17. Actions that may arise between the owners in relationship with the administration and the enjoyment of the common parts of the property, or with the interpretation o execution of the regulations, are of the competition of the Court of Lands. Likewise the Court The land authority will be competent to hear any other actions that may arise from the application of this law.
Art. 18. The paid of the cuota with which each should contribute owner to common charges in accordance with the article 4, is guaranteed with a privilege on part divided from that in whose favor the consortium de owner beech done the advance. This privilege will have preference over all others and extends to the part undivided aliquot of the common things of the property, by virtue of the principle established in the article 5.
Art. 19. The person or people who wish to divide the your property a building, existing or to be built, in floors or apartments, dwellings or independent premises, as seen here al regime which establishes this law, they must register according to the Act de record of Lands its derechos en relationship with the terrain and its improvements.
Art. 20. The request for record It will contain a description as complete as possible of the building and the floors, apartments, dwellings or independent premises into which it is divided, and the architectural, structural and installation plans will be attached to it.
Art. 21. No registration shall be made building as seen here this law, if the owner(s) do not do so
register the same tiempo a regulation containing at least the following:
1 Specification of each of the parts of your property exclusive in which it is divided building, indicating the number or letter or any other designation that serves to identify them.
2 Number of votes that will correspond to the resolutions of the assembly of the consortium de
owners, due to each power of the building de your property exclusive;
3 Percentage with which each should contribute owner spending and common charges;
4 Bases for the remuneration to be paid pay al administrator. 5 Purpose of the different parts of the property.
Art. 22. The your property of the floors, apartments, homes or independent premises into which a property is divided, can be registered at name of a single person, physical or moral, or even to name of a succession undivided, and does not lose its character by the sole done that all parts of your property, exclusive belong to a single owner.
Art. 23. The your property Divided by floors or by apartments, independent homes or premises may be registered before construction of the building, provided that the plans have been approved by the authorities administrative that the law required before construction can begin.
At the Certificate de Title This circumstance will be recorded, as well as the legal obligation that the owners assume to practice and justify in a timely manner to Registrar of Titles the qualification of the building to be occupied.
Paragraph. If for any reason the construction is not carried out, the owners, by means of act signed by all and the signatures legalized by a Notary, they will order the Registrar of Titles the cancellation of the Certificate de Title and its replacement in accordance with the law.
Art 24. A certificate shall be issued Duplicate de Certificate de Title to each owner of a part of the building de your property exclusive and in each of said duplicates the following shall be stated: privilege that taxes said part divided in accordance with the article 18 of this law and in the proportion determined in the regulations.
It will also be indicated whether the building is built or under construction.
Art. 25. A lack de provision expressed in the regulations or when it is kept silence, the assemblies of the consortium The owners' meeting may be convened three days in advance, by any of the owners, by means of a notice in a circulation newspaper. national and by letter certificate addressed to each owner at their customer's home part or election. It will be mentioned summarily in the notice the object of the callThe meeting will be held at the place indicated in the regulations, and if none has been agreed, at the customer's home of the one who makes the call or your representative, provided that this customer's home be it the location of the property or carefully in the premises of Court de Peace of the jurisdiction, which will be indicated in the call.
Art. 26. However, provision contrary to the regulations, any owner it can be done represent in the assemblies on the other hand owner or for a third.
Art. 27. The owners pro undivided of a part divided from the your property They must designate a single representative.
Art. 28. All owner must do election de customer's home in the place where the property is located, if it does not have its customer's home part.
This election de customer's home must be done in the acts that are subject to the Registrar of Titles or in the proceedings of the general assembly of consortium of owners. A lack de election de customer's home, the summons and notifications will be validly made in the Secretariat of the Court de Peace, who will communicate it without delay to the interested party by mail certificates.
Art. 29. The administrator will have the initiative and steer axle truck of the works, will elect and revoke the
in charge of building and will give him the orders he deems appropriate, all under the authority of the general assembly and subject to what it has to carefully arrange. You may order minor repairs without prior notice. authorization of the general assembly and the other repairs, only in /// urgently and immediately notifying the owners. The records of proceedings of the consortium, accounting books and documents and vouchers of the spending are at cargo of the administrator.
Art. 30. The administrator will summon the owners by circulating through certified channels or by notice published in a circulation newspaper national with a Plazo at least three days in advance, as many times as necessary.
He will preside over the person to be designated at each assembly, and the administrator will perform the functions of
Secretary unless otherwise provided thing in the regulations.
Copies and certifications signed by the administrator save provision contrary to the regulations, they do fe with respect to the owners and third parties, provided that they are endorsed by the one who
presided over the assembly or lack of this by one of the owners who were present at the
assembly.
Art. 31. In /// de sale of a part divided from the building, the owner will communicate its purpose in advance to the administrator and will record before the sale su cuota de contribution across spending common, without damage of the resource that I could haber place against the purchaser.
Art. 32. The spending Ordinary expenses will be made in accordance with the budget approved annually by the owners. cuota that corresponds to each owner, in those as in the others spending, will be done in the record of the assembly that authorizes or approves them.
Art. 33. The testing of the advances guaranteed by the privilege established in the article 18 and the determination of unpaid contribution fees will be made by the assembly of owners, through declaration prepared by the administrator, with the corresponding details and receipts.
El administrator will communicate it by certified mail to the debtor owner(s). copy of the record, certificates by administrator and legalized by a notary, will build title sufficient for registration purposes privilege at the Register of Titles. The owner debtor may challenge the decision of the assembly and ask la cancellation of the inscription of the privilege within 15 days of the when and where in which it has been notified by sheriff la resolution of the assembly.
After that time Plazo without haber been challenged resolution will be unassailable and will have force enforceable. Equal force will have the settlement that debtor has been approved by written.
Art. 34. The privilege established in the article 18 must register within three months of the when and where of the meeting of the assembly referred to in the article 33, and each registration will only retain the privilege on the progress acts to cover spending caused within the year and we will announce of esa when and where. Registrations made after that date Plazo or for progress relating to spending acts before the last year and we will announce They will only produce effect from when and where of the inscription.
Art. 35. Any owner You may request, at any time, that your debt be liquidated. cuota contributory in the spending common. If the administrator does not do the call Within forty-eight hours of the request the owner may convene the assembly in the crafts prescribed by the article 25.
Art. 36. Mortgages agreed to by the owner(s) before the building is built building to to guarantee Loans intended for investment in construction will be fully regulated right for this law if the creditor give his consent at the act de mortgage or later, and both the credit and mortgage will be automatically divided among the independent apartments as soon as construction is completed in the same proportion in which the owners will contribute to the spending and common charges in accordance with the regulations of the your propertyExcept convention contrary and by written which should be noted in the ISO TITLE.
Art. 37. The owners of a your property registered in the crafts prescribed by this law They may waive their benefits by act with the signatures of all owners legalized by a notary provided that all departments are free of encumbrances and there are no debts of any nature to cargo of the consortium. Of the same way will proceed the owner the only one of the property that wishes to give up the benefit of this law. These acts will be subject to the Registrar of Titles to proceed to cancel el Certificate de Title and replace it in accordance with the law.
Art. 38. If the building is destroyed in whole or in part partBy fire or by another cause Any of the owners may ask la partition of the land and materials in accordance with the general provisions on goods undivided.
Bliss demand will be recorded in accordance with the article 208 of the Act de Register of Lands.
La compensation of the Safety may not be paid except to the person appointed by unanimous agreement of the owners or according to the results of the partition. The regime of the your property divided may not be maintained except by unanimous agreement of the owners determining the conditions of reconstruction.
Art. 39. In /// of ruin or dilapidation of the building Reconstruction may only be carried out by unanimous agreement of the owners.
Art. 40. In all cases of reconstruction, the documents and plans thereof shall be submitted to the Court Superior of Lands so that he can order the Registrar of Titles to make the records and annotations of place.
Art. 41. They may be validly constituted in the forms recognized by the law, even if they do not have it object the distribution of benefits, the companies that are organized for the purpose of building or acquire properties divided into floors or apartments, independent homes or premises and intended to be assigned to the partners either in your property or in enjoyment or carefully for the conservation, maintenance and administration of the properties thus divided.
Art. 42. No a member may claim that it be attributed to him in crafts exclusiveBy participación in nature, the part of the property to which it is intended, nor to be maintained in possession of happiness part, if you have not fulfilled your obligations and signed the participación that corresponds to you in the fondos supplementary services that are needed for the effective implementation of the fondo social.
If a member does not subscribe to the participación that corresponds to those fondos in proportion to its commitments, or if it does not fulfill its obligations, all. their derechos at the asset social, including those relating to the enjoyment of their part in the property, may be sold publicly auction doors notary, request of the representatives of the society by decision of the partners representing the mayoria ordinary of capital social.
La sale will be published in a widely circulated newspaper national, month after one intimation de pay and execute made to a member en lack and that has not been addressed.
Among the when and where of the publication and the happiness sale must haber at least one Plazo of fifteen days.
Art. 43. To the dissolution of the society The general assembly may appoint one or more liquidators responsible for proceeding with the partition in nature and the attribution of the independent department(s) that each a member corresponds according to the statutes or its vocation.
The draft partition and attribution that the liquidator(s) draft when the statutes have not provided for one crafts special attribution, must be approved by the general assembly with the vote of a mayoria of more than half of the partners representing more than two thirds of the capital social.
This decision is enforceable against those not present or not represented at the general meeting, whether they are partners or beneficiaries or successors in title. promise of attribution.
Los derechos and loads of a a member deceased whose succession is not liquidated, they will be attributed indivisibly to name of its succession without damage of the derechos of the heirs or successors in title and without their presence in the proceedings implying their part acceptance of the succession of the legacy or donation.
Within the month of the approval by the general assembly of the project of partition and attribution, the liquidator or one of him will be notified by act de sheriff or partners who have not signed the record of the
assembly to do it in the term a month.
If record was not signed by all the partners in the latter Plazo. the liquidator or one of them will request the homologation of the partition and attribution to the Court Superior of Lands, which will establish in instance unique and will communicate its decision to the Registrar of Titles to proceed with its execution.
Art. 44. The provisions contained in the article 664 del Code Civil law will continue to apply to the your property not registered in the cadastre and for which, even if registered in the cadastre, it is not subject to the work which establishes this law.
PROMULGATED on November 21, 1958.
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