Condo Law on Appearance of Condo Building

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Ken

Platinum
Jan 1, 2002
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Recently, one of the owners in the condo complex where I live proceeded to enclose his balcony with windows despite being told verbally and in writing that this was prohibited by the condo rules. He wanted to sit on his balcony and admire the view in air-conditioned comfort, but the other owners considered it an unacceptable blemish on the appearance we believe enhances the value of the property.

The matter was taken to the Fiscal, who told the owner to remove the windows immediately or the police would do it for him.

Although the Condo Law is mentioned frequently in our Rules, including in the section pertaining to changes to the building, etc., we didn't realize until this matter how important the Condo Law is on the subject of any changes. I would be interested to know, and I'm sure other owners or prospective owners would, too, the extent to which the Law limits the ability of owners to make changes that affect the outside appearance of the building. Is the Law so encompassing that Rules aren't needed, or is there a need for Rules to supplement or apply what is stated in the Law?
 
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Eddy

Silver
Jan 1, 2002
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Ken, I glad things worked out for you. I have seen many condo complexes go from beautifull to ugly because no one cared. In the past, a few owners wanted to make similar changes here, but asked and where denied the permission. Luckily things didn't get to the point of having to get any officials involved. Goes to show the importance of rules and caring what happens. Keep up the good work.
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Ken, you were fortunate the offending owner did not get a good lawyer. The Fiscal has no jurisdiction on the case. The Condo Law expressly states that all disputes regarding condos must be settled by the Tribunal de Tierras (Land Court).

Last year, we had to sue an owner in identical circumstances in connection with another condo in Sosua. We won the case and took the offending bars down but it took more than six months.
 
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Danny W

Bronze
Mar 1, 2003
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Can anyone suggest a way for me to get better imformed re: building codes, zoning laws, condo laws etc. I'm thinking of buying in Sosua and know next to nothing. For instance, are there any prohibitions regarding noise? I'm looking a a place near a quiet hotel. If ownership changes, can they turn it into an all night disco.....? If the seller is an important, connected local, does a New Yorker stand a chance in a dispute? - Danny
 
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Chris

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Oct 21, 2002
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Danny W said:
Can anyone suggest a way for me to get better imformed re: building codes, zoning laws, condo laws etc. I'm thinking of buying in Sosua and know next to nothing.
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In Sosua, you need to talk to Ken, who will give you a lot of information and let you know the names of reliable realtors. Also, Fabio Guzman and also Jazzcom. Don't just talk to these people on the board or by e-mail - set up a meeting (or a few meetings) with them and ask them your questions. You'll find all the help that you need from these well-informed and experienced people.
 
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Amicus

New member
Dec 25, 2002
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Ken said:
Although the Condo Law is mentioned frequently in our Rules, including in the section pertaining to changes to the building, etc., we didn't realize until this matter how important the Condo Law is on the subject of any changes.
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It is a minor point, but there is probably no such thing as "Condo Law". There are only rules and regulations, established by the community, changeable by the community of owners, and which owners must accept contractually when purchasing their residence. (I imagine, mind you, I am not familiar with property conveyancing in the DR. But, this is how it happens typically in Europe.)

You must learn who is the head of the condominium owner's management team, perhaps even work on its committee, in order to really influence the rules. Even then, the rules need to be passed by whatever majority is stipulated in the original set of rules/regulations.

So, before you buy property, always ask to see those rules. You might be surprised what they do not permit (no pets, for example) .... but, moreso, by what they permit by exclusion (changing the external appearance of the residence and therefore its homogeneity, which can affect property values).

Not knowing the condo rules is especially dangerous if, for instance, you purchase a property on a subdivision, and your neighbors decide to rent theirs out to vacationing tourists during the high season who don't give a fly's fart that you like to sleep at night. "Hey", they think, "We paid the rent! We can party all night long if we want!" Yah, right.

That little fact, if too well known in the subdivision, will drop the value of your property like a lead ball.

Finally, there is only moral suasion that can prevail at the level of condo management. Beyond that you have to fight it out in court... but it is often typical of these latter to not only side with the condo management, when the rules are obviously flouted, but ascribe damages to the offending owner. Now, that is "sweet" justice. At least the other condo owners need not foot the lawyer's bill.
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Re: Re: Condo Law on Appearance of Condo Building

Amicus said:
It is a minor point, but there is probably no such thing as "Condo Law". There are only rules and regulations, established by the community, changeable by the community of owners, and which owners must accept contractually when purchasing their residence. (I imagine, mind you, I am not familiar with property conveyancing in the DR. But, this is how it happens typically in Europe.)
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All Condos in the DR are governed by:

1) Condominium Law #5038 of 1958 establishing mandatory provisions applicable to every condominium irrespective of the wishes of the condo owners.

2) Condo Regulations which are agreed upon by the condo owners and may therefore be amended by them.

A property recorded as a condo is subject both to Condo Law #5038 and the Condo Regulations. A buyer of a condo is bound by both by the simple act of purchasing the condo. Contractual acceptance is not a requirement.

For a copy of Law #5038, in Spanish, go to http://www.drlawyer.com/txt/articles/condolaw.html
 
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Amicus

New member
Dec 25, 2002
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Re: Re: Re: Condo Law on Appearance of Condo Building

Fabio J. Guzman said:
A buyer of a condo is bound by both by the simple act of purchasing the condo. Contractual acceptance is not a requirement.[/url]
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However, the act of conveyancing a condo is a contract, is it not?
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Re: Re: Re: Re: Condo Law on Appearance of Condo Building

Amicus said:
However, the act of conveyancing a condo is a contract, is it not?
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Although the most common way to convey property is by contract, it is not the only way. Property can also be transferred by inheritance and by purchase in a public auction.
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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No, Jazzcomm, acquiring property by inheritance is not considered a contract. Buying at a public auction is what's called in Dominican law, a "judicial contract" subject to a different set of rules than a normal contract.

In any case, the point is that no matter how you acquire a condo property, you are bound by the Condo Law and the Condo Regulations, even if you don't accept them.
 
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