Condo Regulations vrs Dominican Law

Kozy

Member
Jun 1, 2002
233
26
18
At what point does Domincan law supersede regulations passed by a condo association, thus making the association regs invalid, null and void?
example: prohibiting licensed, legalized firearms to be kept in an
owner's condo
: prohibiting 2 day rentals
: prohibiting rentals to people with young children
To me such regs conflict with basic ownership rights bestowed to everyone who owns property in the DR. A more basic example; a condo association could make a reg saying no foreigners or black people can buy a condo in their association. Obviously, this would be unlawful. I have done the legal thread research and reviewed condo law 5038. It seems unclear to me. Any guidance would be appreciated. K
 

DMV123

Bronze
Mar 31, 2010
1,211
114
0
Dominican law supercedes all! Period. In all areas.

You can ADD to the law but never take away from it. Simple.
 

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
13,771
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Punta Cana/DR
www.mikefisher.fun
Once You Own Your Condo,
You can Carry around YOUR Property any Firearm You want(of course as long as you have the legal permit to do so) and You can Rent Your Property to Anybody for Any Long or Shorttime Period You Want.
No Make Up Condo regulation Could stop You from that.
but on the 1st side of the Medal,
Who would anyways Buy into a Condominium which tries to pressure it's Customers/Neighbours into such Rules???
forget about the stupids and buy into a serious Condominium where You as the Owner are really the Owner.
Mike
 

Kozy

Member
Jun 1, 2002
233
26
18
I agree with you on the firearms. It definitely conflicts with dominican law. Yet I am concerned about certain condo association rental regs, as they perhaps falls in the "grey" area of interpretation. Many condo regs, considered to be in the best interest of all owners, are in most condo regs and enforced- such as noise, quiet times, no business operations allowed, ect. I view this as positive, in general, as I know my neighbor can not open a colmado next store and destroy my peace and tranquility. In effect, condo associations and residential associations have certain zoning regs, just like in the states, which can be perceived as a benefit to all. But restricting my right to rent out my condo for less than 2 days- for this I am still searching for an answer.
 

DMV123

Bronze
Mar 31, 2010
1,211
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As long as it does not break any Dominican law and it is a valid clause in your condo agreement you are stuck. Only recourse is to get togehter and vote to change the clause in the condo agreement at your next meeting.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
83
www.drlawyer.com
The condo association can only regulate matters pertaining to the common areas. An owner can do as he wishes in his own unit as long as he does not perturb the rights of others.

"Art. 9 of Law 5038. Los poderes del consorcio de propietarios, a?n al dictar o modificar el reglamento, se limitan a las medidas de aplicaci?n colectiva que conciernen exclusivamente al goce y administraci?n de las cosas comunes.

Art. 6 of Law 5038. Cada propietario puede enajenar, hipotecar o en cualquier otra forma afectar o dar en arrendamiento el piso, departamento, vivienda o local que le pertenece, sin necesidad del consentimiento de los dem?s."