Costa Rica Condominium Law - English Translation
CHAPTER III

Owner’s rights and duties

Article 15 – The owners of subdivided plots will be able to establish, at their expense, services to be used exclusively by them, as long as it does not disturb the others. They will use their property according to the purpose specified in the articles of incorporation. They will be able to segregate them as long as the segregated parts fulfill all the requirements established in this law for subdivided plots. They cannot use them for unlawful, immoral or inadequate purposes or for any other purpose than that agreed upon. They will not act or make any omission that may disturb the owners’ tranquility or that may compromise the condominium’s solidity, security, well being or comfort.

If requested by the condominium’s administrator or any owner, judicial authorities will fine any person who acts against the stipulations within this article. The fine will be equivalent to a minimum wage, as indicated in Law No. 7337, dated May 5, 1993. The amounts charged will be used to improve the condominium; all without threatening the compensations given by right.

The claim will be based on the summary of proceedings established in the Civil Code.

Article 16 – Each owner will be able to carry out construction works and repairs in the interior of his subdivided plot; however, he will not be able to innovate or modify the structure, main walls or any other essential element within the condominium. In regards to common services and general installation, the owners will have to refrain from doing it themselves, even inside their property, to prevent the operation or use from being less efficient. 

Article 17 – The owners of the first and last floors will have exactly the same rights as the other owners.

Article 18 – Any maintenance work required on floors, mezannines, walls or other intermediate divisions should be paid for by the owners of the affected subdivided plots.

Each owner will pay for the maintenance works of floors or pavement of his subdivided plot.

Article 19 – The following are regarded as common costs:

a)     The property and municipal taxes imposed on common property, as well as the laws regarding administrative rights of concession and any other obligatory charge. Nevertheless, the national and municipal offices in charge of collecting taxes or rates shall have an independent account for each subdivided plot.

b)     The amount due for down payments and insurance established by the condominium’s bylaws.

c)      The cost for the improvements made in common elements, previously authorized by the Condominium Association.

d)     Those authorized by the Condominium Association and those regarded as common within the condominium’s bylaws.

Article 20 – The subdivided plot remains encumbered in guarantee, preferential and at the source, for the non-fulfillment of financial duties the owner may eventually have with the tenant. The corresponding payments of common costs, owed by the owners, as well as the fines and interest that may be generated, constitute a mortgage obligation on the subdivided plot only preceded by the obligation to pay real estate taxes. The administrator will issue the certification of those amounts owed by the owners in regards to these concepts. Once authorized by a public accountant, this certification will constitute an executive mortgage certificate.

Article 21 – In the sale or transfer of any certificate of a subdivided plot, the transferor shall submit a certification to the notary, issued by the condominium’s administrator, stating that the payments are up-to-date in regards to the shares for common costs. If the payments are overdue, the acquirer of the subdivided plot will be considered an accessory (solidary delinquent) for the certified amount, not meaning that the amount owed cannot be charged.

Article 22 – The owner’s obligations will remain even if he is not living on the property. In this case, if the owner is not using the property, those who live in it or use it will be responsible for the infractions, despite the owner’s solitary liability.

            With a previous power awarded by the respective tenant, the condominium’s administration can execute the act of eviction against the occupant that is not the owner, who has repeatedly violated the condominium’s bylaws or alters the normal cohabitation of all the tenants.

Article 23 – If an owner violates the prohibitions and limitations in this law or those agreed upon in the condominium’s bylaws or in meetings, the following sanctions will be applied by the Condominium Association:

a)     Written warning

b)     Sanction or fine

c)      Tenant’s eviction

The condominium’s bylaws will consider the specific sanction regime. The claim will be substantiated through the summary proceedings established in the Code of Civil Procedure.