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I live in a small development of about 24 lots, some of them are still vacant but most have been built on. We are wanting to set up a residents association to deal with matters of common concern. What I am looking for is anyones experience of doing a similar thing. I do not want to be told get a lawyer…I have been here long enough to know that there are many things that you can do yourself if you just know how to. So if anyone can outline the process I would be most grateful.
Check some of these sites out;
http://www.nvo.com/beaulier/commonassociationlawfaqs/
http://members.cox.net/concernedhomeowners/PrattBoR.htmA homeowners association in a deeded subdivision is a legal entity that should have been included in the developers initial legal documents that should have been recorded along with your deed when you purchased your lot. You will eventually need a lawyer to record the new homeowner’s association board members that you and your neighbors can organize. This association and its board members need to be legalized otherwise you and your new homeowners association will have no legal powers to restrict or enforce any of the regulations you may want to include in your subdivision. So unfortunately at some point you will need a lawyer. Remember that all the documents that you will need to create need to be in Spanish and reviewed by the registrars in the national registry before they will be accepted and recorded. The other documents offered to you in this topic by Lotus from the USA and have no legal use here in Latin America. I have developed several condos and subdivisions here in CR over the last 15 years and remember the time involved for an inexperienced lawyer to attempt to create and record condo association documents. I eventually found and utilized the services of an experienced attorney to complete the process. I consider the time I spent with the inexperienced attorney lost time and money even though his services were less expensive that the experienced professional. You will end up getting what you pay for. Good luck!
NOTE FROM SCOTT: We will announce a new article about Tom’s homebuilding experience in tomorrow’s newsletter but you can see it at:
There is a process which enables individuals and developers to subdivide raw land into lots and build a quality community with compatible architectural designs utilizing specific building materials to create a quality subdivision of equally valued homes. It can also protect home owners from neighbors who want to exploit a subdivision that was designed to be residential. Regulations can be put in place to limit the types of vehicles and other items that may be visible to the neighbors. This is great for prospective home owners who are accustomed to planned communities in other countries as well as those who desire to share similar lifestyles.
This law limits and restricts property with any covenant, condition or restriction that is not contrary to law as long as it was put on the property without cost and providing the restrictions do not violate human rights under the Costa Rican Constitution.
The process is much easier than going though the condominium law and therefore should require less legal fees. The property deeds need to include the legal development restrictions when they are sold. Any restrictions need to be included in the property deeds at the National Registry using a process that includes a previous no-cost transfer between owners. Lots developed in this manner will carry the rules, regulations and restrictions for 10 years. This process is not for vertical condominium buildings of more than one story. It is for horizontal properties or segregated lots that are next to each other in a subdivision. Ask your attorney what is involved with utilizing Article 292 of the Costa Rican civil code to create homeowners rules and regulations for your development.
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