Costa Rica Condominium Law - English Translation

CHAPTER II

PRIVATE AND COMMON PROPERTY

Article 7 – Each subdivided plot is an autonomous portion and it should be conditioned for independent use and enjoyment; it should communicate directly with a public area or a specific common area.

Article 8 – Each subdivided plot, its accessories and those areas necessary for its proper use belong exclusively to its owner, who, in accordance with his needs as a tenant, will have the right to make use of common elements.

Article 9 – Common elements have a general or restricted use, no matter if they are built or not and according to their destination within the subdivided plot or just some of them. The common elements belong to all the title members of the condominium, who will have a right to them that is proportional to the percentage of the area fixed for his or her subdivided plot within the condominium. Nevertheless, no owner can be limited as to the rational use and enjoyment of the common elements, nor can he claim a greater right to those things because his percentage surpasses that of the other owners.

Common property cannot be divided, except for those instances excluded in the law.

Article 10 -    The following is considered common property:

The land where vertical constructions are located; it results in two or more subdivided plots founded on the same land. Hence, the land shall be considered as common.

The foundation, main and partition walls, roofs, halls, vestibules and stairs, along with the accesses, exit and internal transit areas, when considered as such, for the type of construction or development.

The locales meant for the lodging of the condominium’s administration or security personnel.

The locales and the installation of central services, such as electricity, lighting, telephone, gas, water, refrigeration, tanks, water pumps, wells and others.

The elevators, incinerators for trash disposal and, in general, all the artifacts and installations used for common benefit.

Others established by the regulation.

The previous enumeration is not limited; those things that are necessary for the existence, security, healthiness, conservation, access and decoration of the condominium, in addition to those established in the constituent deed or the condominium’s regulations are also considered common property.

Article 11 – Those elements of common use and enjoyment can be leased, with the previous consent of the Condominium Council. The product of this leasing will be incorporated to the common income.

Article 12 - The rights of each tenant over the common elements cannot be sold, transferred, taxed or be object of embargo independently because they belong to the corresponding subdivided plot and are therefore inseparable from that property.

Article 13 – The owners are required to pay for the administration, conservation and operation of services and common property. The express or implied waiver of the use and enjoyment of common property will not relieve the tenant from his or her obligations regarding the conservation, reconstruction of such property or the payment of maintenance shares or from any other obligation derived from the regime.

Article 14 – In regards to common property, the improvements will be approved by the Condominium Council, by voting as follows:

Necessary improvements, by the votes of the owners representing the condominium’s larger cost.

Useful improvements, by the votes representing two thirds of the condominium’s value.