Help! Residential Rules and Regulations

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PJT

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Jan 8, 2002
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I desire to submit information for my D.R. residential association and would like to have help to get access to rules and regulations of other associations.

I would like my association function properly, to manage it in the best interest of its property owners and residents; to do this a well written, fair, just and complete set of rules and regulations need to be in place. A draft is being worked on, but would like to have an additional resource of rules and regulations of a functioning association, as a guide to help add detail to the areas our proposed draft may not have covered.

If you desire to help, please email me using the email function at the bottom of the post.
Regards, PJT
 
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Ken

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Jan 1, 2002
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Do you have an attorney help you, PJT? Many of the rules that should appear are based on Dominican law and should be consistent with the law. The number of votes required to change the rules, for example. To change most rules requires 3/4ths of the total possible votes, not just 3/4ths of the voters attending the meeting. But there are a few things that require 100% of the possible total.
 
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PJT

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Jan 8, 2002
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Rules

Ken, thanks for the info. Right now we're just working on a draft. Thus, my call for help on rules and regs. The attorney comes later. Regards, PJT
 
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Ken

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Jan 1, 2002
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Where do you live, PJT. I am in Sosua living in Residencial El Neptuno. Our association has written rules (in Spanish as required) and an English translation (which needs correction due to errors in translation). Sugget you contact our administrator, Carma Biggs, at e.neptuno@codetel.net.do to see if you can obtain copies. There is too much information to send them by email.

I'm chairing a small committee to make some needed revisions in our rules so will be interested in what you collect. Perhaps we c exchange information and ideas from time to time.
 
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Dolores1

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May 3, 2000
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Look into including some kind of legal provision that would allow the administration to cut off basic services to those who are not up to date in their maintenance payments or other payments for improvements the condominium might decide on.
 
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PJT

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Jan 8, 2002
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Services

Dolores said:
Look into including some kind of legal provision that would allow the administration to cut off basic services to those who are not up to date in their maintenance payments or other payments for improvements the condominium might decide on.
Click to expand...


Dolores, you have hit the head of the nail on one of the sticking points that has to do with the operation and management of a residential and to what to do if payments are not up to date and what to do if the service provider does not provide service. Also, how to set up a form of binding impartial mediation to resolve disputes.

There is fun in store for me. Regards, PJT
 
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Ken

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Jan 1, 2002
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That's tricky. Where I live tried that and got into legal difficulties. Based on our experience, I would suggest that you consider including something that authorizes the administrator to put a lien on the property of the owners who are 3 months (or whatever you decide) behind in the payment of their maintenance fees and assessments. Such language in the rules allows the administrator to take quick action rather than calling a meeting of the association to get authorization.

The presence of such wording in the rules also puts on notice those who might consider withholding payment in the future (not an uncommon problem in the DR--more so with Dominican owners, who feel more comfortable with the legal system than with foreign owners).
 
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Dolores1

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May 3, 2000
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As more people live in condominiums and these become standard problems, more solutions are being found. Research with lawyers and condominium management companies can come up with some solutions.

From what a lawyer told me, if these provisions are part of the condominium original contract laws, they are binding.

Also, I was told that the law that allows condominiums to take over an apartment for lack of payment is very effective, and relatively quick. But, of course, it is better to prevent. My advice, continue researching. As I say, there is a lot of experience available after the DR has seen a boom in apartment buildings in the past 5 years. Already some builders are putting this experience into the bylaws of their buildings to insure proper upkeep in the future.
 
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PJT

Silver
Jan 8, 2002
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Matter of Point.

I just want to clear the issue here. Although some of the posters are referring to condominiums in this matter and they do operate under simular rules and regulations I am interested in the rules and regulations of a residential area. This would involve villas, apartment buildings, streets, security, utilities, and common areas.

Ken, you are on the right track. We are looking into the lien idea. But, you know the pitfalls of the DR legal system better than I and the mentality here is that some owners don't pay because there is no teeth in the existing system to get them to pay. Some owners complain that the price of services are too high as their reason not to pay. They do not want to hear of any reason of why they should. Yet, it is they who are the problem because the lack of sufficient funds to pay for services drives the costs up from suppliers. They (the owners) don't want to know.
That mentality necessitates the need for rules and regulations with teeth. Regards, PJT
 
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Ken

Platinum
Jan 1, 2002
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Yes, I was thinking condominium. I can see where the rules of a residencial area would have to be different. Afraid I can't be of much help there.

I would still recommend talking with a knowledgeable attorney sooner rather than later, someone who has knowledge of rules for residencial areas. This may take some searching; just any attorney isn't likely to have the knowledge or experience to help you.

I would further recommend that you put a post in the legal section to get the thinking of Fabio Guzman. Among the questions you might consider is whether it is possible for a residencial area to adopt rules which are binding on all residents. Also, you might inquire as to whether it is possible to include penalties in the rules that would be assessed against those who don't pay fees and assessments. Additionally, you might ask how to determine the number or percentage of owners that must approve the rules in order for them to be adopted.

Does you residencial area have an elected board? If so, I would think it would be easier than if you don't.

If you do ask Fabio about determining the votes required to adopt the rules, it will be interesting to see his answer. If, as in condo rules, it is based on percentage of the total value of the property, I can see in your situation where this would not be clear cut because of the substancial variation in value of property owned.

Good luck. Sorry that I can't be of more help.
 
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