ARTICLE ONE: These Condominium and Administration Regulations will be of mandatory application to the holder of real rights on the real estates of the CONDOMINIO HORIZONTAL VERTICAL DOLCE VITA, as well as for the tenants or sub-lessees and occupants of filial properties of such premises, which will be governed by the norms of the effective Horizontal Property Act and according to the terms of the Memorandum of such Condominium.
ARTICLE TWO: The administration and control systems that will prevail in the Condominium will be:
A) The Property Owners Assembly;
B) The Management Board.
ARTICLE THREE: All the property owners of the premises will constitute the Property Owners Assembly. In each meeting, as a previous act to the resolutions that will be agreed, a President and a Secretary of the Assembly will be appointed; the first one will preside the debate and the second one will take the minutes of the meeting.
ARTICLE FOURTH: When an apartment has come to diverse people, in co-property, or when usufruct rights, use or simple possession have been constituted on these apartments, the co-owners as well as the holders of such real rights and the proprietary knot, must be represented by a single person in the Assemblies.
ARTICLE FIVE: The representation of one or more property owners will be possible to exert, by means of the issue of a power of attorney, that must be presented at the moment of the meeting of the Assembly. This power of attorney can be issued through a simple letter or note.
ARTICLE SIX: It will correspond to the Assembly:
A) To approve the total annual budget for the common expenses of the Condominium submitted by the Management Board, budget that must determine in detail the outflows as well as the amount of the entries necessary to cover them;
B) To calculate the amount of the quotas that each property owner must cover in proportion to the value fixed in the Memorandum of the Condominium; this quota will cover the common expenses, insurances payment, management, reserve and other authorized funds;
C) To appoint and remove the members of the Management Board; CH) If need be, to set the emoluments of the Management Board;
D) To know the report the Management Board and the statements of account that this Board must render;
E) To authorize the fixings and improvements that will be performed in the filial properties or the common areas;
F) To solve the matters that the Horizontal Property Act sets under its field, and in general to know and resolve on all the general interest subjects for the joint of property owners agreeing the necessary and advisable measures for their better utilization of the Condominium and its services.
ARTICLE SEVEN: The Assembly will be able to integrate, with the members that it shall appoint, diverse commissions that will be in charge of the study and preparation of reports or projects on those aspects that the Assembly will resolve, and which will be able to act as advisory organ on those same topics at the Assembly’s requirement. Each commission will appoint from its bosom a president and a secretary.
ARTICLE EIGHT: The Assembly will meet at least once a year, within the first three months of the calendar year, in the site of the Condominium, or in the place that the Calling shall determine, within the metropolitan area of the City of San José.
ARTICLE NINE: The calling to a General Assembly of property owners will be carried out by the Management Board or the Joint of Property Owners who represent a third of the value of the Condominium, by means of a written communication with at least fifteen natural days of anticipation, excluding the day of the calling and the day of the meeting.
ARTICLE TEN: The Quorum of the Property Owners Assemblies will be the one that represents the two thirds of the value assigned to the Condominium in the Memorandum. Should the required quorum not be obtained, a second meeting will be summoned in which the quorum will be constituted by any number of the attending audience. The different callings for these two meetings can be made for the same day, provided that these meetings are separated one from the other by at least a lapse of one hour.
ARTICLE ELEVEN: The Resolutions will be agreed by simple majority of the present votes, with the exception of the cases contemplated in the Article Twenty-Seven of the Horizontal Property Act, which require the unanimous resolution, or the two thirds of the property owners reunite in Assembly, as the case be.
ARTICLE TWELVE: The vote of each property owner will worth according to the percentage or proportion corresponding to its filial property, according to the value assigned in the Memorandum of the horizontal property regime to such filial as a whole.
ARTICLE THIRTEEN: Minutes of each meeting will be written in the respective Book, in which the Resolutions agreed will be recorded and the Minutes will be signed by the President and Secretary of such Meeting, and by the participants who are willing to sign it.
ARTICLE FOURTEEN: For the commissions appointed by the Assembly, the use of a Minutes Book will be optional.
ARTICLE FIFTEEN: The members of the Management Board will be THREE: a President, a Secretary, and a Treasurer. They will last in their functions for a year and they can be reelected. The judicial and extra-judicial representation of the Management Board will correspond to two members with most General Power faculties, when any two of them shall act in a jointly manner, being able in addition to grant powers. In case of breach of their duties, after previous call of attention by the Assembly, they can be removed from their positions. Should the misdemeanor be of such gravity making unnecessary the previous calling of attention, the Assembly will immediately proceed to the dismissal.
ARTICLE SIXTEEN: The quorum for the Board Meetings will be compound by two members and the resolutions will be agreed by the majority of the present. In case of a draw, the President of the Board will break the tie with double vote.
ARTICLE SEVENTEEN: It will correspond to the Management Board:
A) The care and surveillance of the common goods and services,
B) The attention and operation of the general facilities and services,
C) Every Administration acts for the conservation of the Condominium, CH) The hygienic and clean maintenance of the access areas, sidewalks, parks and common places,
D) The collection of the monthly quotas for common expenses, insurances, reserve fund and taxes corresponding to each property owner,
E) To take care of and maintain the order in the Condominium, and to make sure that the moral norms and good manners are not disrespected, neither the tranquility of the rest of the property owners be disturbed in any way ,
F) To take the pertinent actions against those perturbing the order and to set forth according to the dispositions of article twenty-two of the Horizontal Property Law, according to which, the Administrator can take the necessary oust actions in case of repeated infraction on the part of the tenants, previous consultation with the commission that the of Property Owners Assembly has designated, or previous consultation with such Assembly, should such commission not exist,
G) To issue, by means of the President or Vice-president as the case be, certifications of the amounts that the property owners are owing for concept of the payment of the quotas that they have to comply with, which will be of executive right provided that they are endorsed by a Certified Public Accountant and authenticated by a Lawyer,
H) To execute the resolutions of the Property Owners Assembly,
I) To attend the recommendations of the Assembly’s Commissions, when its opinion has been requested,
J) To watch and direct the duties of the employees who take care of the diverse services of the Condominium whose appointment and removal will be made by the Management Board,
K) To carry out or organize the necessary repairs of the different services, when they are interrupted or working in a deficient manner,
L) To order the opening and closing of the filial property of the Condominium and the cease of the lighting and electric energy and other services in the hours that will be indicated,
M) To take the proper measures to regulate the transit activity of the vehicles in the parking areas of the Condominium as well as to watch that such parking is carried out in an order manner.
ARTICLE EIGHTEEN: If the Management Board would have certainty of any irregularity committed by those who have preceded it in the exercise of their position, and it does not put it under the knowledge of the Property Owners Assembly within a term non longer than a month, their members will be joint and several responsible with the previous administrators.
ARTICLE NINETEEN: The property owners will be able to alienate or lease their property rights. The acquirers of the respective rights will be enforced to respect the general destination of the premises and in particular the destination of each filial property.
ARTICLE TWENTY: Every property owner is obliged to contribute proportionally to the value assigned to its filial property, for the administration and maintenance expenses of the premises, common expenses, insurances, waters, reserve fund, taxes when it proceeds, and other budgets. The quotas not opportunely covered will make the property owner incur in the payment of a penal clause equivalent to the interests that for commercial loans the Central Bank of Costa Rica has in effect at that moment, on the amount owed, for the time of the delay. These quotas will be paid in an anticipated monthly basis.
ARTICLE TWENTY-ONE: The property owners will be able to settle down on their cost services for their exclusive use whenever it does not harm nor hinder the others, nor it supposes the use of common services with damage of the rights of the other property owners. The electric telephonic, water, and pipes utilities of each filial property will be on behalf of the respective property owner. They must use their property in agreement with the destination of the same one, and being every property owner forced to the esthetic maintenance of the real estate, and operation of the filial properties in the same way and conditions in which it was determined.
ARTICLE TWENTY-TWO: Every property owner has the obligation to execute in his/her property and on his/her account, with the urgency the case may require, those urgent repairs which omission can produce damages or difficulties to the neighboring apartments or the structure, solidity or general security of the construction. In case of not doing it he/she will be responsible for the damages and perjuries caused to the real estate of the rest property owners.
ARTICLE TWENTY-THREE: In order to carry out modifications or new facilities in his/her apartment, the property owner must notify the Administrator and obtain the approval of the Architect appointed by the Administrator, who will make sure that the structures, facades, facilities, circulations, accesses and other parts of the Condominium are not affected. In general such modifications or facilities will be built with removable structures or conveniences, without modifying the original and configurative structure of the building.
ARTICLE TWENTY-FOUR: Each one of the property owners will be able to carry out works and repairs within his/her apartment, but any innovation or modification affecting the structure, masterful walls, and electromechanical facilities and other essential elements of the construction that can affect the atmosphere or architecture of the Condominium will be prohibited.
ARTICLE TWENTY-FIVE: The property owner must refrain from every act that prevents or make less effective the utilization of the services in the common facilities, still inside his/her property. They must facilitate the Board representatives the access to their private areas, for the normal maintenance or the urgent repairs that are required for the operation of the building.
ARTICLE TWENTY-SIX: The property owners will not be able to change the external form of the facades, nor to decorate the walls, doors or outer windows in any way, or with colors, or styles different from those of the whole construction.
ARTICLE TWENTY-SEVEN: The property owner will not be able to dedicate his/her filial property to a different purpose from the one seek by the Condominium that is a departments building for family housing as indicated and he/she commits to accept the regulations indicated by the Property Owners Assembly.
ARTICLE TWENTY-EIGHT: It is prohibited to throw objects and trash in the corridors, patios, and general common areas, as well as to accumulate garbage in the apartments or to burn it within or outside of them, while it is not in the place destined for that purpose in a general manner; or to interrupt with it the corridor and access places to the filial properties. In the same manner, the possession of explosive, inflammable, toxic, unhygienic materials, or that can produce infected-contagious diseases, or materials that involve danger for the security of the real estate or harmful for the people, or those materials producing bad scents, smoke or any class of annoyances, or that can attempt against the health or security is prohibited.
ARTICLE TWENTY-NINE: Every property owner will be obliged to allow the execution of repair and maintenance works of the common elements or in ceilings, floors or walls of the filial property.
ARTICLE THIRTY: In case that a property owner decides to sell or lease his/her property, he/she will be obliged to communicate it to the Management Board, which will be able by the means that it deems more suitable to make of the knowledge of the other property owners of the Condominium such situation, without which it is hereby stipulated prevents the negotiation. The new property owner or sub-lessee or tenant must accept the regulations that are derived from the application of this regulation.
ARTICLE THIRTY ONE: The property owners must avoid annoyances for the other property owners, derived from the undue use of radios, record players, sound appliances in general, or television, noises, lights, sounds or vibrations.
ARTICLE THIRTY TWO: When a property owner requires to make use of some of the common facilities susceptible of the general benefit, for a certain act of his/her interest, he/she must request with the due anticipation, the corresponding authorization to the Management Board, which will decide and procure an equitable use among all the property owners of the mentioned facilities.
ARTICLE THIRTY-THREE: When a repair has as originator cause the fault by negligence of any property or whomever it corresponds, it will be in accordance with the value assigned to his/her apartment in the Memorandum. In case that the determined amounts will not be enough to cover the expenses and there is a deficit, the Property Owners Assembly will take the necessary measures to solve the problem.
ARTICLE THIRTY FOUR: In addition to the amounts related to the payment for the attention of common expenses, taxes, and insurances, the property owners must proportionally cover, to the corresponding percentage of the value of their apartment, a monthly amount destined to the reserve fund, for expenses and unforeseen expenses in the administration, which will be set by the Management Board. Before extraordinary events in the opinion of the Property Owners Assembly, an extraordinary quota to take care of urgent needs not contemplated within the elaborated budgets can be fixed as well.
ARTICLE THIRTY-FIVE: The Management Board will handle before the corresponding authorities, the opening of independent accounts for each property owner, as far as the payment of real estate and municipal taxes, whenever it may be possible. Anyway each property owner must pay the proportional part of taxes, in a timely manner.
ARTICLE THIRTY SIX: When elaborating the annual revenues and expenses budget, it will be prepared assigning to each property owner his/her contribution according to the percentage that the REGULATIONS OF CONDOMINIUM AND THE ADMINISTRATION OF THE CONDOMINIUM estipulate.
ARTICLE THIRTY-SEVEN: The faults committed by the property owners, or by those whose rights are derived from them, will be sanctioned according to the indications of the Horizontal Property Act and what the Regulations stipulates.
ARTICLE THIRTY-EIGHT: When a property owner or whom from him/her derives his/her right shall commit felonies or would be repeatedly offender of the dispositions regulating the regime of the condominium property ruled by these Regulations, the Management Board will take the corresponding measures. If the infractor would derive his/her right from the property owner, as a previous act the fact will be informed to the property owner in order for this to try to solution the problems. If it is not possible, the action will be to deprive him/her from the enjoyment of the leased property, which can lead to eviction.
ARTICLE THIRTY NINE: The infractions to these Regulations committed by the property owners must be of knowledge of the Management Board, which will give a prudential term of eight working days through a notification letter to these infractor property owners in order to correct their infractions, in the opposite case the Management Board is properly authorized to impose the penalties in agreement to the established by these Regulations and the Horizontal Property Act, being also the Management Board authorized to appeal to the Law Courts in order to make of obligatory observance the imposed penalties. In case of dispute between the Management Board and the property owners, or between property owners, the parties will be able to appeal to a Court for Conflicts Resolution, or will be able to design an arbitrate in common agreement between the parties to resolve their disagreement, and the resolution that they issue will be of obligatory observance by the involved parties.
ARTICLE FORTY: The extinction of the horizontal property regime, as well as the related to the destruction and the reconstruction of the edification will be governed by the stipulated in Chapter Seven of the Horizontal Property Act.
ARTICLE FORTY-ONE: For its total validity, a majority representing the two thirds of the total value assigned to the building must approve these Regulations.
ARTICLE FORTY-TWO: The property owner of one or more filial properties within this Condominium will be able to reunite or divide them, as the case be, as long as he/she counts with the approval of the one hundred percent of the joint owners and that such authorization shall be given by means of General Property Owners Assembly, reunited according to the provisions established by law for this Assembly, and that the applicant property owner had fulfilled with the proceedings and approvals of the corresponding governmental institutions for this authorization and it fulfills the established by the Regulating Plan of the Municipality of Carrillo County, Province of Guanacaste, where this Condominium is located. Such institutions will be in charge of establishing which will be the minimum area that the filial property may have, as well as the front to public exit or to common area permitted according to the case. – Later by the majority indicated by law.
