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Thread: Condo by-laws

  1. #1
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    Default Condo by-laws

    The condominium by-laws given at closings in the Dominican Republic all say they are from 1958 law. Given Trujillo was in power at this time and even south Florida had yet to coin the term condominium are these by-laws really valid?

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    I believe they refer to Law 5038 of 28 November 1958 which covers the establishing of a condominium.

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    Quote Originally Posted by Abuela View Post
    The condominium by-laws given at closings in the Dominican Republic all say they are from 1958 law. Given Trujillo was in power at this time and even south Florida had yet to coin the term condominium are these by-laws really valid?
    Still in force and enforced.

    See:
    Condominium Law #5038 of 1958

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    Default Existing buildings

    Can an existing apartment building, or collection of buildings, not currently organized as a condominium, be made into a condominium?
    Last edited by Buzzard; 01-28-2010 at 05:14 PM. Reason: clarification

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    Default Existing buildings

    deleted (see below)
    Last edited by Buzzard; 01-28-2010 at 05:13 PM. Reason: duplicate of previous message

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    Quote Originally Posted by Buzzard View Post
    Can an existing apartment building, or collection of buildings, not currently organized as a condominium, be made into a condominium?
    Wait for Fabio's reply to your question,, but I believe so. But there are requirements it would have to meet and steps it would have to take to be recognized as a condo.

    When Fabio Guzman sees your question, you will get a answer you can depend on.

  7. #7
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    Yes, it can and it must, pursuant to article 100 of the new Land Registry Law. If you have a building divided into apartments, it is now impossible to record different persons as individual owners of separate apartments unless a condominium is legally established.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    [email protected]


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

  8. #8
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    The condominium by-laws given at closings in the Dominican Republic all say they are from 1958 law. Given Trujillo was in power at this time and even south Florida had yet to coin the term condominium are these by-laws really valid?
    Abuela this is an entry from the Encyclopedia Britanica
    condominium
    In modern property law, individual ownership of one dwelling unit within a multidwelling building. Unit owners have undivided ownership interest in the land and those portions of the building shared in common. This type of ownership has been present in Europe since the end of the Middle Ages; in the U.S. it dates to the latter half of the 19th century and has been popular in crowded urban areas. An alternative to the condominium is the cooperative, in which residents own a share of a corporation, with each share entitling the owner to reside in a particular unit in the building.
    Maybe you're thinking of the abreviated term Condo?
    Mack.

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    Default Follow up questions

    Quote Originally Posted by Fabio J. Guzman View Post
    Yes, it can and it must, pursuant to article 100 of the new Land Registry Law. If you have a building divided into apartments, it is now impossible to record different persons as individual owners of separate apartments unless a condominium is legally established.
    Thank you, Mr. Guzman. Your response leads me to another two questions.
    1. If a unit in an existing apartment building (that is not 'condo'd) cannot be resold, then what is the procedure for creating the condo association?
    2. It would seem that, in many cases, majority (or complete) agreement to create the association would be difficult, if not impossible, to achieve. In this case then, are the apartment units still unable to be resold?

  10. #10
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    If all the owners are not in agreement, I'm of the opinion that you can take the matter to the Land Court and have it order the condo to be formed. On this question, see my recent book Ley 5038 de 1958 sobre Condominios, Comentada, Anotada yConcordada con la Ley 108-05 de Registro Inmobiliario, p. 14.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    [email protected]


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

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