Building permits

So far I didn’t receive any translation of the notice from the municipality. I did ask my neighbor to translate the document published on our website, so I will get a general idea what are we talking about. Please keep in mind that this is not a word for word translation, just the important content. If our Spanish speaking homeowners find any errors in this translation, please let me know and I will correct this document.

Here we go:
There is no permit number, which indicates that we do not have any permits. There is a permit application registration number S-056-2006. All this shows that the application for the permit was filed but never accepted.
The document also indicates that we have 30 days from the date of the inspection (12 December 2012) to submit our decision about this notice.
We come to the point, that the construction of the Dolce Vita condominiums is done without permits and we do not comply to the laws Art 93 and 94 of the constructions permits.
It is not only that the construction was done without permits, but also that it does not correspond to the supplied blueprints. Presently the application S-056-2006 is canceled along with any penalties to that application. This means that we have to start from the scratch.
In the same document it is stated that there are 25 buildings on the drawings, from which 1 is missing and 2 are not in their proper places. The laundry room is not on the plan, gazebos and pools are not on the plan and the parking lots do not correspond to the plan.
There is a commercial space near the road on the plan that is not built. I was sure it is not ours, but according to this document it is. So in my opinion the cost must be distributed with the owner of that commercial space in the count.

The resolution (my own) from this document is that we DO NOT HAVE permits and must obtain them in order for our property (in whole) to correspond to the construction laws.
The announcements for some units having the permits I take as a rumor (as one ore two units can not have permits when the others do not have them) and can not be considered, unless they come up with permits issued in 2006 for the complex. Even the permits would exist, still we have to adjust the plans to the present situation of our complex.

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5 Responses to Building permits

  1. Keith says:

    I feel we can bring up our individual issues with PSC attorneys, Stewart Title, the previous owners, etc. and we all have a right to do so because it was represented to us that we were obtaining clear title to our units. We had no knowledge of this issue at the time of our purchase. I also feel we need to put the permit problem with the Mayor’s office behind us and then we can attempt to bring equity to our individual circumstances. A yes vote will allow us all to move forward. There may be some future negotiations that can be made to bring the price down, but the board needs our blessing to negotiate on our behalf. Our consent to work with the community at large may also aid us in our future road and water issues. Just my thoughts and opinions. I feel we vote yes to give the Board the authority they have asked for to negotiate on our behalf. We must remember that they are also owners and are contributing exactly the same amount the rest of us are to resolve this very important issue. Thank you.

  2. deneseh says:

    I agree with Keith. I bate having to fork over this money and it is not fair that we all have to pay for the developers ‘ screw ups. Yes, we did what we were advised and hired an attorney before closing as well. Bottom line, since it is.clear there are no permits, best we pay and get this right with the municipal so we can continue to enjoy our paradise.

  3. Keith says:

    Based upon the interpretation of the documents it appears that the wisest thing to do is to correct the situation at the least possible cost to the HOA. We have entrusted the board to represent us for this and they have the same interest that we all have. It is not a time to point fingers, second guess, or grandstand. The absence of valid permits will render our properties virtually useless in the market. We all bought without this knowledge, but we now have the knowledge and would need to disclose it to any new purchaser if one could be found. Yes it feels a little bit like we are being held hostage to a situation that does not seem fair, but the board has seen the proof that indeed the developer never obtained a final permit. This happens and what we are doing is obtaining a post alteration permit. It is my opinion as an owner, a past condo board member ( in California ) and a person with a college degree in Real Estate and 38 years as a Real Estate Broker, that we all vote to support our board to do that which is in our best interest. The board probably has the authority to act on our behalf to protect our interests, but they have asked us to vote our support for their actions. I believe it is in all of our best interest to correct the problem to bring our project in full compliance with current Costa Rican law and to preserve the value of all that we have invested in our corner of “paradise”. I am willing to discuss this with any fellow owner that feels this is not the prudent course of action. The downside of a protracted discussion of who did what to whom and the election to “fight the injustice” will be a gradual decline in the value of our units, and the inability to sell our units, should we need to, going forward. It is a lot of money we are being asked to pay but the potential loss of value could easily dwarf this assessment. “The coconut telegraph” is alive and well and it will not take long for this situation to reach the ears of real estate brokers, property managers, and future owners far and wide that will have nothing to do with a project that is not properly permitted. I vote a yes and encourage all fellow owners to do the same. Once the process is being started it is being mitigated and then we can conduct a closer examination of what is equitable in order to settle the matter. The absence of a vote or a no vote ties the hands of our board and doing nothing is, in my opinion, clearly not the path to choose. I say we can all have a cocktail and toast our success when we put this situation behind us. Thanks for reading this if you took the time.

  4. 7023 says:

    I just have one question How can it be when we bought our unit we used PCS Attorney to do our title work and closing and they told us all permits were there and there were no leins on the property. and we were all clear to close were did they get there information from

    • Ash says:

      That is strange. We purchased our unit in February 2011 and the permits issue was out there. PSC attorneys was the law firm we hired and we were aware of the problems due to the info from PSC. Did you buy your unit before that date?

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