Regulation for community in DR ?

drisforme

Active member
May 28, 2016
206
71
28
Is there any regulation in community in DR ?

Interested in understanding if HOA fee are regulated ..
-Are all owners, old or new are supposed to pay the same HOA fee if same service ?
-Does a community suppose to document why an increase occurs ?
-What can be done if HOA fee gets exurbitant but nothing is done to maintain the community (buildings ,common roads ,light,....)

Appreciate any information on this subject .

Thank you
 

DRdreaming

Member
Jul 29, 2014
242
21
18
Each communities bylaws are slightly different. Without reading yours, I will give you the best answer I can.

All owners are required to pay for maintainance of the common areas. The amount may be assigned based on square meters of your unit, or number of bedrooms (check your bylaws).

Once a year, 60 days after the end of the fiscal year, an owners meeting is required. At this time the budget is decided for the following year, any major improvements discussed, and an administrator is elected or appointed (depending on bylaws).

There must be quorum for the meeting to be valid. 51% of the owners must be present or represented. One person may represent no more than 3 people. The administrator may not represent anyone.

The administrator must provide an accounting of all funds upon an owners request. They are to maintain complete records of all owners payments, as well as all expenditures.

If the administrator is not maintaining the community, I would start by asking to see the financial records. Is it because they are not doing their job? Or is it because the owners are behind in payments and they don't have the money for repairs?

You should also ask for minutes from the last meeting, as well as the budget that was approved.

Hope this helps.

Sent from my SAMSUNG-SM-G930A using Tapatalk
 

drisforme

Active member
May 28, 2016
206
71
28
I am a new owner and started to know that the monthly fee is quite different between owners.
Don't know why or certainly because I am the last one to have bought. Is it legal ?

The monthly fee is quite high if I compare with others community and the common roads are not maintained at all !
Monthly fee is above $550 and only include security and common road / lights... That's it.
Some owners pay less than $550 .....*
 

drstock

Silver
Oct 29, 2010
4,526
2,110
113
Cabarete
As DRdreaming says above, it is legal to have varied fees and this may depend on the size or number of bedrooms, for example. $550 (I assume you are talking US) sounds high but we don't know what your property is like. I suggest you contact the association and ask how fees are calculated.
 

drisforme

Active member
May 28, 2016
206
71
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From far the lot and house that I bought are the smallest in the community !

I will contact the association as suggested to get more information.

Thank you DRdreaming and drstock for all the GREAT information !
 

dv8

Gold
Sep 27, 2006
31,266
363
0
i second what was said above. maintenance fees may depend on the type of properties and different fees can be applied to the owners of undeveloped land, owners of houses, owners of apartments. fees can also differ depending on the size of the construction with owners of larger buildings paying more than those with smaller ones. owners of multiple properties can also negotiate lower price for each individual property.
 
Jan 7, 2016
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At our development in Bavaro, the fees are equal and go up and down equally, depending on the current need each year. Some of the units have no exclusive use of common area and others do, mine included, based on the square meter area noted on the title. Every development is different to a degree, but all have to follow the Dominican Condominium Law to the letter.
 

drisforme

Active member
May 28, 2016
206
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Thank you for sharing your experience and mentioned the "Dominican Condominium law".
Will look-up.

dv8,as mentioned in my previous email,my lot and house
are the smallest from far in the community and I have the highest HOA fee !

Will follow-up with the manager of the community.
 

cavok

Silver
Jun 16, 2014
9,624
4,120
113
Cabarete
No. Those are the condominium laws. You really need to refer to your bylaws as to how the HOA fee is calculated. It is usually found in the very beginning of the bylaws.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
83
www.drlawyer.com
A community of houses may be governed by condo rules. If not, you will have to refer to the contractual arrangement between the owners, which, in practice, is usually a very cumbersome and ineffective legal strcuture in the DR..