Administration laws for developments?

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Danny W

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Mar 1, 2003
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I will be asking my attorney about this, but I was wondering if others have some insight -

Do real estate developments have any basic laws that are similar to the Dominican Condominium Law? For instance, Perla Marina, Playa Laguna, etc. Are there similar laws governing the administration of this type of community?

thanks - D
 
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leehall

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Oct 24, 2006
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In short no...

What happens when a sale occurs is that you end up signing a purchase doc and title transfer in your name, but rarely will the owner pass on the covenants (probably because they never signed them in the first place). Hence Perla Marina, Costa Azul, Mulata, Lomas Miranos, Playa Laguna are a mess. They are held together with homeowners assoc. looking for a common goal, rather than a regulation or intention that the developers started with.
 
Castellamonte

Castellamonte

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Mar 3, 2005
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Danny W said:
I will be asking my attorney about this, but I was wondering if others have some insight -

Do real estate developments have any basic laws that are similar to the Dominican Condominium Law? For instance, Perla Marina, Playa Laguna, etc. Are there similar laws governing the administration of this type of community?

thanks - D
Click to expand...

Obviously this depends upon the project. There are no specific Dominican laws governing development of homes within a project vs those outside of a project. The development laws which exist are relevant to both, in large part.

However, some projects have by laws to help contain any 'weirdness' and protect the inherent values of the properties subject to these laws. These project laws are sometimes called By Laws and may be only enforceable through peer pressure.

Where I live in Cabrera there are two projects; Orchid Bay and Seatree Estates. To the best of my knowledge, both of these projects have By Laws governing the architecture, development and living arrangements in the community. They are enforceable because they are added as permanent easements to the back of every title.

So even if a current or future buyer neglects to execute the Homeowners Association By Laws, the permanent easement agreement, as part of the title, holds a good deal of weight in court. Of course that also begs the question of whether you want to fuss around in the Dominican court system (civil) since a violation of the above would not be criminal but would be civil.

So, in short, under the criminal code there is little the Dominican law says save for the safety issues of buildings. Not the architecture, development and common living arrangements at all.

Hope this helps!
 
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Danny W

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Mar 1, 2003
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Castellamonte said:
Obviously this depends upon the project. There are no specific Dominican laws governing development of homes within a project vs those outside of a project. The development laws which exist are relevant to both, in large part.

However, some projects have by laws to help contain any 'weirdness' and protect the inherent values of the properties subject to these laws. These project laws are sometimes called By Laws and may be only enforceable through peer pressure.

Where I live in Cabrera there are two projects; Orchid Bay and Seatree Estates. To the best of my knowledge, both of these projects have By Laws governing the architecture, development and living arrangements in the community. They are enforceable because they are added as permanent easements to the back of every title.

So even if a current or future buyer neglects to execute the Homeowners Association By Laws, the permanent easement agreement, as part of the title, holds a good deal of weight in court. Of course that also begs the question of whether you want to fuss around in the Dominican court system (civil) since a violation of the above would not be criminal but would be civil.

So, in short, under the criminal code there is little the Dominican law says save for the safety issues of buildings. Not the architecture, development and common living arrangements at all.

Hope this helps!
Click to expand...

Interesting. In my case I my contract to purchase contained certain restrictions and regulations, architectural and otherwise, but since the property is "deslindied" I can't see how those rules would still apply.

Similarly with administration, I don't see anything that binds anyone in the community to abide by any association rules if each property is legally completely detached (deslindies).

I guess this is a question for my attorney,. He has my deed and contracts. - D
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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The condominium law was amended in 2005 by Law #108-05 (Article 124). A subdivision may now have a condominium structure with its lots owned individually while common areas would be titled in the name of the condominium. The bylaws of the Association would govern how to deal with the common areas.
 
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AnonTraveler

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Aug 6, 2008
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Danny W said:
Interesting. In my case I my contract to purchase contained certain restrictions and regulations, architectural and otherwise, but since the property is "deslindied" I can't see how those rules would still apply.

Similarly with administration, I don't see anything that binds anyone in the community to abide by any association rules if each property is legally completely detached (deslindies).

I guess this is a question for my attorney,. He has my deed and contracts. - D
Click to expand...

Yes, by all means have your attorney review the information. That is always the best solution to get the most correct answer.

Note, tho, that the "deslindied" process is simply the legal process of creating a new title for a portion of land which is contained within a larger title (and tract of land). In some communities such as Orchid Bay these new titles contain the permanent easement agreement notation on the back. This is a very effective way of ensuring the easement, which has the rules and regulations of the community, passes with the title regardless of who owns it.

Of course no one has tested this in civil court, to my knowledge, so I wouldn't worry too much about it at this point.

But check with your lawyer!
 
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