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The HOA Condo
by By Harold Matarrita,
Acondominium complex is a property belonging to several people identified as condominium owners. In a condominium, some areas belong to each owner -private- and some are common property or areas. Condominium property and life are governed by the Condominium Property Regulatory Law N 7933.
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Common areas or property are those indicated in Article 10 of Law N 7933: b) The foundations, master walls, roofs, galleries, vestibules, and stairways, as well as access, exit, and internal displacement routes, when they must be considered as such due to the type of construction or development. c) Premises for housing personnel in charge of the administration or security of the condominium. d) Premises and installations of central services such as electricity, lighting, telephony, gas, water, refrigeration, tanks, water pumps, wells, and others. e) Elevators, waste incinerators, and, in general, all devices and installations intended for the common benefit. f) Others expressly indicated in the regulations."
"a) The land on which the building sits, in the case of vertical constructions, which results in two or more buildings, subsidiaries properties resting on the same ground, or when, because it is so required, the land must be considered common.
Private areas or property are those indicated in Article 7 of Law No. 7933:
"Each subsidiary property constitutes an autonomous portion and must be conditioned for independent use and enjoyment, communicated directly with the public road or with a certain common space leading to it."
The HOA dues, approved yearly in the annual HOA meeting, must be paid by all condo owners as established in Article 13 of Law No. 7933, which states:
"The owners shall be obligated to pay the expenses of administration, conservation, and operation of the common services and property. The waiver, express or implicit, of the use and enjoyment of the common areas shall not relieve the condominium owner of his obligations as to the conservation, reconstruction of such property or the payment of maintenance fees, nor any obligation arising from the regime."
