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| Resale Re-Venda & Para Alquiler
Condominium Los Almendros
| LOS
ALMENDROS BYLAWS (ENGLISH)
REV 25/10/08 Jlh - “ANNEXED A.”
--- REGULATION OF ADMINISTRATION AND JOINT OWNERSHIP---
CONDOMINIUM THE LOS ALMENDROS ARTICLE I
GENERAL DISPOSITIONS - --- SECTION 1.1. ADOPTION --- "SELLER/DEVELOPER" adopts the present “Regulation
of Administration and Joint ownership”
governing the administration of the property here
subjected to the “Régime of Horizontal Property”
and designated as “CONDOMINIUM THE LOS ALMENDROS.”
--- SECTION 1.2 LAW CLAUSE --- The “CONDOMINIUM
THE LOS ALMENDROS” it consists of fifty four
(54) RESIDENTIAL APARTMENTS, it will be governed by the dispositions
of the law of Horizontal Property of the Free State Associated of
Puerto Rico, Number Hundred Fifty Seven (157) of four (4) of June of
thousand nine hundred seventy six (1976), according to amended, for
the applicable dispositions of the Civil Code, for the deed and
present Regulation. --- SECTION 1.3 DEED PUBLISHES
--- This Regulation incorporates to and it is part
of the Deed it Publishes Number two hundred fifty
nine (259) of date thirteen (13) of April of the
year two thousand (2000), granted in Mayagüez,
Puerto Rico, before the Notary Publishes Roberto M. Grace Rullán.
Administration. --- The owners are under an obligation
to exercise their rights and that they are
required to propitiate an atmosphere of healthy coexistence,
respecting the right of ownership of the other owners.
ARTICLE II --- SECTION 2.1 SUPREME AUTHORITY
--- The supreme authority about the subjected property to the Régime
of Horizontal Property will reside in the Owners as group in the
form of a Council of Owners. --- SECTION 2.2 The
Owners of the respective units of the Buildings form
the Condominium that they will constitute the Council of Owners
collectively. --- SECTION 2.3 The person or people
in whose name appears inscribed in the Registration
of the Property will be considered as Owner of the
same one for all effects. --- SECTION 2.4 TRANSFER
OF PROPERTY --- The changes in ownership will only
be made in the records of the Condominium with the
presentation of a certified copy of the notarize
instrument for which the respective unit is transferred.
--- SECTION 2.5 ANNUAL MEETING (A.) The Council of
Owners will celebrate an annual meeting in the place
inside the Municipality of Rincón, Free State Associated of
Puerto Rico that will be indicated by the Meeting of Directors and
that it will be been able to indicate in the convocation for such a
meeting. the one that will be done with not less than ten (10) you
give to date of anticipation fixed. The meeting will take place in
the month of March or April, on the Saturday before Easter. The
matters or to be will be the election of the members of the Meeting
of Directors, the approval of the annual budget of the
administrative expenses, maintenance and repair, and any other
pertinent matter that he/she undergoes the consideration of the
assembly. (B) If the annual assembly didn't take
place in the designated day, or if the matters to
covered were not concluded in the indicated day.
or in any postponement, the President or the Meeting of
Directors will summon to a special meeting of the Council of Owners
as soon as it is possible. Any matters tried in this special meeting
will have the same value and effect as if it was treated in the
properly summoned and celebrated annual meeting.
--- SECTION 2.6 SPECIAL MEETINGS --- A special meetings
of the Owners can be summon, besides by the President,
by a fifth part of the owners. In any moment, or any
person's written petition or people with right to summon a special
meeting, it will Correspond the Secretary to send the convocation
for such a meeting to take place in the place inside the
Municipality of Rincón, Free State Associated of Puerto Rico. and in
the date that determines the Meeting of Directors that or it will be
less than ten (10) days neither more than twenty (20) days after
receiving such a petition. If the Meeting of Directors didn't fix
the place and the date. the meeting will take place in the place and
date you limit up specified. .
3 4 --- SECTION 2.7 CITATION AND PURPOSE OF THE MEETINGS: --- The citations in writing will be notified personally
to each Owner, or by mail certificate, with expression
of the matters to try, of the place and the date.
of each meeting of owners. This citation will be
given with not less than ten (10) days neither more
than twenty (20) days of anticipation to the meeting. If it is
notified by mail, it will be sent to the Owner's address, as he/she
appears in the Registration of the Property of the Condominium
unless the Owner has requested in writing the Secretary that is he
correspondent to another address. The appearance of an Owner,
personally or by means of a representative, it authenticates the
citation date. The advice will be able to meet validly even without
convocation whenever they converge the entirety of the Regular ones
and they agree this way it. --- SECTION 2.8 OF MOST:
OF THE QUORUM --- It will constitute quorum in the
date of the first convocation, the half more one
of the owners. of being verified the quorum in this
first convocation, it will be properly incorporated The
assembly and the agreements will be able to adapt for a simple
majority of the present owners or represented for, proxy to the
moment of the voting. The presence in person or by
voluntary legal representation (proxy), of the half
plus one of the owners will constitute quorum. it will
be enough to credit this last one a writing signed by the one by
means of being able to (proxy) for their lawyer, for another owner
or for a resident of the Condominium. A representative won't be able
to vote with more than a proxy. --- When in him first
convocation doesn't attend the half more one of the
owners. you will proceed to a new convocation whose date can
be included in the citation for the first one, preparing that The
date for the second convocation will never be done for the same day
of The first one. The Owners that attend this second convocation
will constitute quorum and they will be able to adopt agreements you
linked. --- The performances approved by Most simple
of the present in any meeting for which quorum exists
will constitute the performances of the Council of
Owners, except when for Law, the main deed or this
Regulation is required the approval by a number bigger than Owners,
well for the third two parts or for the unanimity of the owners.
--- When it is the election from candidates to the directive
positions, it was selected the one that obtains the biggest number
of votes. --- He/she will understand each other that
it constitutes the presence of an Owner for the purposes
of quorum determination their holding in the meeting
by means of their signature in the registration of
attendance. - SECTION 2.9 OFFICIAL THAT he/she PRESIDES
OVER: OF THE WRITING OF MINUTES: THE ORDER OF THE
AGENDA -- (A.). The meetings of the Council of Owners
will preside over a meeting of President of the Meeting
of Directors or, if this was not present, the Vice-president
or if none was present. a president designated by
most of the present Owners, very personally or represented
to be able to. 6
--- (B) The Secretary, or in their absence, the Undersecretary, will
compose the minutes of the same one; if neither the Secretary
neither the Undersecretary are present, The assembly will choose any
present owner to act as Secretary. --- (C) The order
of the agenda will be like it continues: --- (1)
to declare constituted the meeting and to present test of
the convocation. --- (2) determination of Quorum.
--- (3) approval of the minutes of the last previous
meeting of the Council of Owners.
--- (4) An update from the President and of the Treasurer.
--- (5) election of the President and of the Vice-president.
--- (6) election of the Secretary, of the Treasurer and of the Vocal.
--- (7) approval of the contract of the business agent.
--- (8) approval of the Budget. --- (9) new matters.
--- SECTION 2.10 POWERS AND OBLIGATIONS
--- The Council will have all the powers and necessary obligations
to assure the orderly administration of the Condominium and the
well-being of the Owners including, without limitation, the
following powers and obligations: --- (a) to Choose
for yea of most of the Owners (i) The Meeting of
Directors that will be composed by Owners. --- (b)
to Designate the Administrator, to which The Meeting will be
able to delegate certain powers and obligations just as it specifies
It the Regulation. --- (c) to Remove any member of
the Board of directors with or without justification
by means of the majority vote of the owners gathered
in a properly summoned assembly. --- (d) to Remove
to the Administrator with or without justification.
with half of the majority vote of the owners gathered
in a properly summoned assembly. The contract with the business
agent will do mention it specifies of this clause.
--- (e) to give Approval (i) an expense budget and revenues for the
incoming fiscal year (ii) the statement of income and expenses of
the previous fiscal year, and (iii) the quotas that correspond each
Owner to fulfill the common expenses of the Condominium and the way
of charging the same, included, without limitation, the right of
increasing the quotas of certain Owners as they provide it The Laws
of Puerto Rico, 31 LPRA. Section 1.293 b(e.). ---
(f) to approve bigger or more extraordinary repairs, maintenance
work. to improve or to impose special quotas for their payment.
--- (g) to Approve Risk insurance of the building, included the
policies for public responsibility or for other risks that the
Council of Owners estimates convenient. 8
-(h) to Take all necessary action for the security or the most
effective use in The Common Elements, included the qualification of
additional areas of parking, without affecting the green areas. and
the appointment of spaces for the use of The owners or their guests.
Of existing communal spaces of parking or of being enabled communal
areas for that end, the same ones will be drawn annually among the
interested owners. The Council of Owners will fix the rate of rental
that will be paid by the use of the communal spaces of parking.
--- The double parking won't be allowed, except for cases of
emergency or that the Council of Owners authorizes it when it
doesn't block it the circulation of the vehicles neither obstruct
the access to other parking. --- (I) to Revoke or
to ratify any action taken by the business agent,
by the President or for the Meeting, included the decision of
tolerating or of continuing with the quarrels or litigations filed
for or against the Meeting or the Council of Owners.
--- (j) to Designate the members of the Committee of Architectural
Control, according defined in Article VIII, to establish the rules
for their operation that you/they Are not inconsistent with the Law,
Notarizes it of Horizontal Property or this Regulation.
--- (k) to Adopt resolutions in matters of general interest for the
Owners, provided they don't impair the individual enjoyment of each
apartment. --- SECTION
2.11 THE VOTING --- Each Owner will be entitled independently
to a vote of the number of units of those that it
is proprietary. In case two or more people possess
an interest in common for-undivided in anyone of the
units, such people will designate a legal representative or
volunteer so that he/she votes on their behalf and the a forenamed
representative will be entitled to a single vote. If the unit is
subject to an usufruct right, the attendance and the vote they will
belong to the Owner and this Owner, except for manifestation in
contrary, he/she will understand each other that the designated one
to the one usufruct as its representative for effects of the
attendance and voting; preparing, however that in the consideration
of resolutions that you/they require the unanimous vote of the
Owners for its approval or the approval of extraordinary projects or
of improvements in The property for the Council of Owners. the
appointment of the one usufruct as representative for voting
purposes, it will consist in writing. When one or more than the
units belong to a body corporate this will be able to designate one
of the officials so that it attends the meetings and exercise the
right to the vote that corresponds him --- SECTION
2.12 OF THE REGISTRATION OF OWNERS (A.) The Secretary
will maintain a registration of owners indicating
the Owner's names or the Co-owners of each unit. with expression of
the percentage of each unit. This Registration will be subject to
inspection for any Owner in any moment during the meeting.
(B) The Registration of Owners will constitute test prima facie of
those who are the Co-owners with right to examine this Registration
or of voting in any meeting of the advice of Owners.
----The Secretary or the Administrator will have you copy up-to-date
of the Registration of available Owners for any owner that requests
them. In this registration each owner's post-office address will
appear, to which the convocations will be notified.
10 --- SECTION 2,13 CONSENT IN SUBSTITUTION OF MEETING: --- It won't be necessary the celebration of a meeting
of the Council for certain purpose if all the Owners
with right to vote in (This meeting renunciaren to
the referred meeting and consintieren in writing
to that takes the proposed action. ARTICLES III THE BOARD OF DIRECTORS
--- SECTION 3.1 --- The matters related with the
Maintenance and the administration of the common
areas of the Condominium will be managed by a Meeting
of Directors made up of five (5) owners, the President inclusive.---
--- SECTION 3.2 DURATION --- The members of the Meeting
of Directors will carry out their functions for a
(1) year or until their successor is chosen and take
possession. --- SECTION 3.3 CONDITIONS to QUALIFY
--- (A.) The members of the Meetings of Directors
will be members of the Council of Owners or in case
to the Owner was a Minor or disabled he/she will
be able to be member their legal guardian. --- ---
(b) If the Owner was it a body corporate his represents you
properly dominated he will be able to be member of The Meeting of
Directors. --- (c) TO none of the members here qualified
it will be allowed him to name representatives to
act in their place. 11
--- SECTION 3.4 OF THE QUORUM --- Most of the Meeting
of Directors will be necessary to constitute quorum
and power to celebrate session. If in any meeting of the
Meeting of Directors, there is not the required Quorum, most of the
present will postpone the meeting. and without more notices he/she
will meet of time in time until the quorum is achieved.
--- SECTION 3.5 PLACE OF MEETINGS --- The meetings
of The Meeting of Directors will take place inside
the municipality of Rincón, unless a place different fixed outside
unanimously of all the members in function. --- SECTION
3.6 REGULAR MEETINGS --- An organization meeting
for organization purposes, of transition and coordination
with the previous Meeting, as well as for The determination
of the place and of the date of the regular and special
meetings of the Meeting he/she will take place as soon as it
is possible after the annual meeting of the Council of Owners. Them
meetings of the Meeting of Directors will take place in the dates
and places that of time in time will agree the Meeting.
--- SECTION 3.7 SPECIAL MEETINGS --- The special
meetings of the Meeting of Directors will be been
able to summon for the President or for the Vice-president or for
two members of the Meeting with two (2) days of notice to each
member of the same one; well it is personally or by mail. For
agreement of all their members. that it will be ratified me to of
each election, they will be been able to notify the meetings for
other means. as electronic mail, facsimile. telephone. etc.
12 ----SECTION 3.8 NOTICE OF MEETING
--- He/she will be able to take place a meeting of the Meeting of
Directors immediately without notice after the annual meeting of the
Council of Owners. It won't be necessary to notify about the regular
meetings of the Meeting of Directors that take place in occasions
fixed by resolution of this Meeting, neither it will be necessary to
notify about the postponed meetings. The meetings will be able to
take place in any moment without notice if all the members of The
Meeting of Directors are present. The notice of a meeting of the
Meeting of Directors doesn't Have to indicate the purpose of the
same one. neither the matter to be. The notice of any meeting of The
Meeting of Directors will be been able to notify personally, for
telephone or by mail. --- SECTION 3.9 THE VOTING --- Each member of the Meeting of Directors, the President
inclusive, will have a vote (1) for it gives subjected
matter to voting. The agreements will take for majority
of votes. --- SECTION 3.10 COMPENSATION
--- The members of the Meeting of Directors won't receive
compensation some for their services --- If the position
of any member of the Meeting of Directors is vacant
during the end of the same one due to death or it resigns,
the remaining members of the Meeting will be able to for majority,
to choose this way a substitute, and the member elect it will occupy
its position for the end that was the substituted member
13 . Any member will be able to resign in any moment.
In case any member will cease of being member of
the Regular Council for the transfer of his unit.
this transfer will be considered as its resignation.
The Meeting will notify to all the owners to the
possible brevity The resignation to vacancy of the Director and the
substitute's appointment. The Council of Owners, for a majority of
votes will be entitled the in any moment to remove any or all the
members of the Meeting of Directors. the President inclusive, with
or groundless, and to choose new members --- SECTION
3.11 POWERS AND DUTIES --- The Meeting will have
the powers and necessary obligations for the administration
of the matters of the Condominium and he/she will
be able to make all relative action to the administration that is
not prohibited by the law, the Deed Horizontal Property and this
Regulation or for resolutions of the Council. Also, the Meeting will
have the following powers and obligations. --- (a)
to Assist all matter related with the good administration,
operation, supervision, security and operation of the Condominium,
included the General Elements Commons, the Limited Elements Commons
and the general services of the Condominium. 14 (b) To prepare the annual budget of common expenses and
revenues for it gives fiscal year. The presented
budget will contain, as minimum, an estimated of
the total quantity of revenues that the Meeting waits
to receive the same as an estimated of The administrative
expenses, Maintenance. utilities. general expenses and reserve and
capital outlay expenditures that will be imposed each Owner to cover
the common expenses of the Condominium and the quotas that will be
imposed each Owner for to the next fiscal year. The budget will be
adopted in a meeting open of The Meeting, and he/she will undergo
the Council for its approval in The annual meeting or in special
meeting mentioned for that purpose. Immediately after the approval
of the budget for the Meeting, a copy will be a correspondent to
each Owner 45 days before the beginning of the fiscal year to which
the budget applies. The omission or backwardness of the Meeting in
preparing to adopt the budget for any fiscal year won't constitute a
relief of the Owner's obligation of paying their proportional part
of the quotas, according to here you provides, at the beginning of
the fiscal year in question. In absence of any annual budget, each
Owner will continue paying the established quotas for the previous
fiscal year until The new quota is established. ---
(c) To subject to The Owners for their approval, 60 days after
finishing the fiscal year of the Condominium, an abstract of account
of the previous fiscal year indicating the total of the received
quotas of The Owners. all other received entrance, statement of
account of all the expressions for departures, the paid remuneration
to the administrator, the quantity of all the accounts to get paid,
the balance cash of the previous fiscal year and the quantity of any
reservation of funds. The statements of account will not be obtained
before to the Owners less than 15 days to The meeting of the Council
mentioned with the purpose of approving the abstracts of account.
15 (d) to maintain the books with the accounts, detailed
in chronological order, of the expenses and revenues
of the Condominium and their administration, including
without limitation, the maintenance expenses and
repair of The Common Elements. This book and their
receipts and another documentation corresponding to each
one of The entrances will be available for exam during working hours
of Monday to Friday, previous agreement with to the Administrator.
The right to inspect the Books and other documents of the
condominium won't be able to train in such way that blocks the
administration works. (e) To Charge the quotas to
the Owners and to do any other collections and payments,
emitting the receipts and corresponding checks. (f) to Open a bank account to name of the Condominium,
to designate for the less ones two (2) authorized
people, one of those which will have to be the treasurer,
to sign, to deposit all received money in two days
of having received and to emit checks against The account
(which won't be able to be paid to the payee or cash) and to do all
the necessary payments and to fulfill all the obligations of the
Condominium. All the payments will be supported with their
corresponding invoice, receipt, order. it counts, state or another
appropriate documentation. ----(g) to Obtain rates
of insurance for the one 16
Condominium and to subject them appropriately to the Council of
Owners for The selection of the policy. The Council of Owners will
choose the agent or insurance broker of the building.
--- (h) to Watch over because the use of all The Common Elements is
done fulfilling the dispositions of the Law. of this Regulation and
of the agreements of the Council of Owners, and propitiating the
healthy coexistence among all the residents. ---
(i) to Propose to the Council of Owners the creation of one
reserves of reasonable funds for the case of emergencies and
accidental contingencies and for The repair and substitution of The
Common Elements. --- (J) To take any necessary action
for the I take care, maintenance, ordinary repair
and security of the Condominium. In case an extraordinary
repair is required, the Meeting will adopt a plan
to carry out this repair and immediately it will subject its
plan to the Council for its approval. ---(k) To maintain
a book of Owners, which will contain the names and
each Owner's personal information. included but not limited to,
all the transfers and loads and the official address to which All
the notifications and correspondence of any kinds of the Council and
The Meeting of the Condominium will be sent. ---
(l) to Increase or to reduce the quotas for you spend them
common subject to the approval of the Council. ---
(m) to Fill The vacancies of the Meeting of directors subject to
of the Council. 18
--- (n) To complete with and to watch over because it is fulfilled
The law of Horizontal Property, with the dispositions of the
Horizontal Deed, of this Regulation and the resolutions of the
Council. --- (or) Generally, to exercise the powers
that it confers him The Law, The Horizontal Deed,
the Regulation and any other law clause and to Carry
out any other act that is not inconsistent with the
laws. and that it is appropriate to promote and to obtain the
purposes that settle down in the law, it Notarizes it of Horizontal
Property and This Regulation. --- SECTION 3.12 -
DISCHARGE OF DIRECTORS --- One or more managing they
can be deprived, with or groundless, for (a) the
vote of most of the Owners in special meeting mentioned
for this purpose or in any regular or annual meeting in that this
matter is included in the agenda; (b) I document written managed to
the Meeting ordering The discharge and signed by Most of the Owners
and indicating the Ends in which the director will be deprived. The
end of the position of any Director that is for more than 45 days in
backwardness or criminal in the payment of the quotas of their unit
or apartment, it will finish the day forty six (46) and their
successor then will be designated by the Meeting, of among the
Owners, to cover the position for the end of time that it misses the
deprived Director. ARTICLE IV
OFFICIAL, DUTIES AND ABILITIES - Section 4.1 Duties 18
--- (a) The President of The Meeting of Directors will be the main
executive official of the Condominium; he/she will preside over all
The meetings of the Council of Owners and of the Meeting of
Directors; he/she will do to summon the regular and special meetings
of the Council of Owners and the Meeting of agreement Directors with
This Regulation; it will make and it will sign all the contracts and
agreements that are properly authorized for the Council of Owners
and for the Meeting of Directors. To name of the Condominium it
watched over because the books. inform. states and certificates
required by the Laws of the Free State Associated of Puerto Rico or
presently Regulation keeps, extend and they are resided
appropriately by the Administrator, it will subject an annual report
of the operations from the Condominium to the Council of Owners in
its Annual meeting; and of time in time will inform to The Meeting
of Directors, all the matters of its competition that in the
interest of this Condominium, require to be taken to The
consideration of this Meeting or that the same one could request. In
general, he/she will carry out all the inherent duties to their
position. --- (b) The Vice-president will exercise
The functions of the President in the absence or
inability of this. Generally, he/she will help to
the President and he/she will carry out the duties that
are assigned him by The Meeting of Directors. ---
(c) The treasurer will have the supervision and it guards of the
funds and effects of the Condominium, and it will watch over because
the Administrator maintains up-to-date The accounting of the
Condominium all the books and 19
vouchers in order. It will watch over, also, because all the sums
and let us give effects of value they are deposited to name of the
Condominium in the Bank designated by the Meeting of Directors. The
Treasurer will supervise the payments of the funds of the
Condominium that were ordered by the Meeting of Directors,
conserving the appropriate vouchers, and surrendering to the
President and The Meeting of Directors, in The regular meetings of
the Meeting, or whenever that are required, you count of his
performance like Treasurer and on the financial situation of the
Condominium. --- (d) The Secretary will attend all
the meetings of the Council of Owners taking a record
from all The subjected Matters to voting and The
minutes and taken agreements of all the dockets in a book
paymaster to such an effect. He/she will give or he/she will do to
give, by means of the Administrator. the notice of all The meetings
of the Council of Owners, of The Meeting of Directors when it
requires this way It this Regulation, and he/she will carry out all
the functions that it indicates him The Meeting of Directors.
ARTICLE V --- SECTION 5.1 THE ADMINISTRATOR
--The Administrator will be named for to the Council of Owners for
majority of votes. being able to be a Corporation or an individual
to assure The appropriate administration of the Condominium. Equally
the Council of Owners will be able to remove it of its position,
also for majority of votes.
--- SECTION 5.2 THE ADMINISTRATOR'S QUALITIES-- 20 --- (a) They will have a properly organized office to
be in charge of and to fulfill their obligations.
--- (b) They will Show tests of possessing reasonable
experience in this field.
--- (c) They will have the personal necessary pear to fulfill their
obligations, especially to assist the property during twenty-four
hours, in the event of emergency. ----(d) he/she
will Lend deposit to assure their administrations in
the quantity indicated by the Council of Owners.
---SECTION 5.3 THE DUTIES AND OBLIGATIONS OF THE ADMINISTRATOR
--- The Board of Directors will transfer the following duties to the
Administrator, who will be responsible for: --- (a)
In accordance with the Council of Owners and/or of the Board
of Directors, will authorize all the contracts and other negotiated
documents on behalf of the Condominium Association.
--- (b) Will charge all the due quantities to the members of the
Council of Owners and will pay all debts. ----(c)
On behalf of the Council of Owners, will hire and will
discharge all personnel. Will be responsible for their working hours
and compensation. Will maintain the records and will file all the
reports with regard to personnel. --- (d) Will look
after the execution of the by-laws. --- (e) Will keep
all records and will prepare all the reports required
by the Laws of Commonwealth of Puerto Rico or the by-laws.
--- (f) Will maintain a permanent record of the written minutes of
all Council of Owners meetings and Board of Directors meetings,
according to they are given it by the Secretary. ---
(g) Will prepare an annual budget for the annual meeting of the
Council of Owners --- (h) Will maintain all the accounting
records of the Condominium; filing all the vouchers
of income and expenses, and the balance at every
moment. --- (i) Will open and maintain a bank account
in the name of the Council of Owners, depositing
all the revenues. --- (J) he/she will be responsible
of the maintenance and repair of the common elements
of the building.
--- (k) Will keep all accounting books. Will have bank statements,
vouchers and lists of minutes to be examined by all the Owners, when
they request them. --- (l) Will
adopt rules for the best use of the Condominium facilities
by owners, guests or occupants. --- (m) In general,
will exercise all the powers and will fulfill all
the duties on behalf of the Council of Owners and/or the Board
of Directors, except those specifically reserved to the Council of
Owners and/or the Board of Directors, by the Laws of Puerto Rico or
the by-laws. --- (n) The abilities herein conferred
to the administrator will be able to be revoked,
modified or enlarged by the Council of Owners in
a meeting taken place to the effect.
22 ARTICLE VI
RIGHTS AND DUTIES OF THE OWNERS SECTION 6.1 REGULATION
FOR THE USE OF THE UNITS: VIOLATIONS --- The use and
enjoyment of each unit will be subject to the following
rules; --- (a) Each unit will be dedicated only to
residential use. --- (b) No occupant of an unit will
be able to do unnecessary noises neither to cause
nuisances, neither to carry out acts that The Peace
of the other Owners or tenants could perturb. ---
(c) The units won't be used for ends contrary to the law, The
morality or the public order. ----(d) Each Owner
will carry out his cost the modification projects,
repairs cleaning, security and improvements of his unit,
without perturbing the rights of the other Owners. or without
changing the external form or the facades, or without painting the
external walls, doors or windows of colors or tones different from
those of the total building. --- (e) Each Owner or
occupant will fulfill the dispositions contained
in the main deed strictly, and in This Regulation and in
the amendments agreed by the Council of Owners. ---
(f) No occupant of an unit will be able to vary The facade
and/or external of his unit without the consents of the joint
owners' of the building each and every one, this includes that the
joint owners won't be able to install grills, neither they will be
able to install additional grills or above the existent ones, or in
the areas of terraces, in the area in front of the communal areas of
the stairways (balconies) or in any other area. They will be able to
settle grills inside of the windows of the apartments, only. The
joint owners won't be able to do hollow of class some in the walls,
to install airs conditioning. since it would be affected the facade
and the structure of the buildings. - (g) No joint
owner will be able to against the will unanimous of
the other ones, to build new floors, to do basements or excavations
or to carry out projects that affect the security, solidity and
conservation of the buildings. --- (h) All Owner will
come under obligation to carry out in his property
those projects and repairs whose omission could harm the
building in its entirety or the part belonging to other Owners.
--- (i) All Owner will respond for the acts of his
visitors. employees or tenants that are in violation
of The Law of horizontal Property or of This Regiment. --- (j) projects won't be done or they will keep objects
in an unit or apartment or in The Common Elements
that it can increase the Cost of the applicable insurance
for residential use of the Condominium without the
previous consent in writing of the Council. No Owner
will allow him to be carried out or keep something in his unit or in
The Common Elements. that he/she can result in the cancellation of
the insurance of the Condominium or of their content or that it can
constitute a violation of any of The Horizontal Deed or of this
Regulation. No waste will keep in the Element Commons. ----
24 --- (k) The units or apartments will be let entirely.
being prohibited the rent of rooms or on one side
of the unit. Any lease contract should prepare that
the rent and the tenant will be subject to the law
of Horizontal Property, to The Deed of Régime of
Horizontal Property and this Regulation and that any non fulfillment
for the lessee of the ends of these norms will be considered a non
fulfillment in the lease contract that, independently of the legal
stocks that you/they concern the lessor, it will authorize to The
Meeting of Directors to take the pertinent legal stocks so that the
non fulfillment is corrected, or in its case, to demand the
termination of the lease. All lease will be in writing.
--- (1) except for the equipment of the care of the green Areas,
used by people or entities responsible for the maintenance of the
green areas of the condominium, no motor vehicle will be been able
to use or to keep in the green Area, or in the sidewalks of any unit
and any vehicle without license will be admitted in the condominium.
--- (m) The garbage will be deposited in the units or in The Common
Elements assigned for that purpose. The garbage won't be taken out
of the apartment until the night before its collection and the
zafacones they will be placed immediately of turn in its place after
they empty. 25
----(n) the breeding of animals of any type is prohibited, included
the birds, in the properties of the condominium, be communal or
private. The owner of a mascots will be responsible that the same
one doesn't cause noises, nuisances or inconveniences to the
residents of the condominium. It won't be allowed that the domestic
animals or mascots stroll or remain in the common areas of the
condominium. If the mascot is outside of the apartments, she will
have to be accompanied and you/he/she lowers the control of an
adult. The owner of the mascot will be the only responsible for the
damages that she can cause y at home that the condominium has to
respond to somebody for this damages, the owner of the mascot and
the owner of the apartment where the same one is harbored they will
respond him mutually to the condominium and they will reimburse any
sum that This has had to spend, included the legal expenses, as
consequence of the damages or inconveniences caused by such an
animal. The Council will be entitled the of ordering any person
whose mascot is a nuisance that removes it of the Condominium.
--- (or) Any scrap or another vehicle whose plates of they
registered they don't appear shown, he/she will be able to keep in
The Common Elements of the Condominium. It is absolutely forbidden
to carry out works of mechanics of automobiles or of repairs that
are not smaller and of emergency., in the properties of the
condominium, be common or private. ---- --- (p) they
won't keep commercial vehicles. crawl or trucks of but
of two tons in the properties of the Condominium, except disposition
in contrary of the Council of Owners. 26
--- (q) he/she prohibits to keep any structure of seasonal
character, hut, shack or cabin., in The Common Elements of the
condominium in any moment. He/she prohibits to couch or to dry
clothes in The common areas or in the patios or balconies of The
apartments. --- (r) The sidewalks, walks, accesses,
lobbies and other utilized areas to arrive to the
parking spaces and the units or recreational facilities
won't be obstructed neither they will be used in way some
that is not to have access of or toward this areas or facilities.
--- (s) unless it Joins it designates a portion it specifies of a
Common Element for this purpose. no portion of such a Common Element
will be used for warehouse or to keep furniture or any other
article. This prohibition includes the seasonal storage of boxes,
purchase shopping carts or similar equipment. Neither they will be
been able to use The Common Elements to sustain meetings of any
class, without the expressed permission in writing of the Meeting or
the Administrator, as it is the case. --- (t) Any
Owner neither their agents, employees or visitors will
be able to in any moment to bring or to maintain
in the unit any material or inflammable chemical
substance or explosive except those of normal domestic uses.
--- (u) Any Owner or occupant of an unit or apartment will carry out
to it will allow them to be carried out by itself or for its family
friends, tenants, employees, servants or guests so much in The
Common Elements As in its unit or apartment noises agitators.
Neither it will allow that some of them takes to end activity or act
some that interferes with the rights, and comforts of the other
Owners or occupants. Any owner or occupant will play neither it will
allow that musical instruments are played, I radiate, television,
equipment, stereo and/or of music and/or similar equipment in an
unconscionable way that perturb or bother the other Owners or
Occupants. --- (v) it is forbidden to shake carpets
in The Common Elements neither it will be swept powder
or garbage from an Unit until The Common Elements.
The Owners and occupants will deposit The garbage
in the designated areas for her and in the provided recipients for
them in this areas --- (w) No person will be allowed
to play in The Common Elements that are not designated
specifically as recreational area or of game --- (x)
The repair of any damage to a Common Element as a result of
moving to load furniture and other articles will be for account of
the Owner or of the in charge person of this article that causes
this damage. --- (y) objects of any class won't hurtle
for the windows or doors of the apartments. toward
the common areas or toward other units. Neither objects
will be suspended in the window or doors of any apartment.
28
--- (z) The Owners and occupants in general won't always act so that
their Behavior it doesn't interfere with the rights, the comfort,
and convenience and security of the Owners and of the occupants of
the units ----SECTION 6.2 THE CONTRIBUTIONS FOR THE
PAYMENT EXPENSES OF ADMINISTRATION AND MAINTENANCE
--- (to -) The Owners of the units put under an obligation
to contribute in their proportional part to The expenses
administration common and maintenance and repair
of the elements general common, including the payment
of the insurance of the building and, in the appropriate
cases, of the limited elements Commons, if some, of the
building, and it stops any other legally conventional expenses
--- Also, they will contribute to a reserve fund for operation and
maintenance of the building, which will keep in an account of he/she
reserves in favor of the Association of Joint owners of the
Condominium The Los Almendros. The quantity specified to augment
this funds will be paid to the moment of the grant of the
corresponding deeds of sales. --- (b) The common
expenses include, but they are not limited to: (1)
insurance premiums per responsibility, damage to the property,
repairs and reconstruction work in the event of hurricane, fire,
earthquake or another risk; (2) Expenses for the maintenance and
repair of General Elements Commons and in the appropriate case of
the Limited Element Commons; (3) The maintenance, security and costs
of the controlled access, which can be imposed on each unit, for the
Administration, as it is indicated specifically in the license
agreement among the developed one and 29
the Corporation, actual the fifteen (15) of August of thousand nine
hundred ninety five (l995). it copies of this agreement it is
available for inspection for the owners of The unit in the office of
the Council; (4) Administrative expenses; (5) audit Expenses, legal
and administrative; (6) you Reserve for substitutions or other
expenses of another nature; (7) Contracts of service and wages;
(8) I pay of accounts and common expenses; (9) any other legal
expense agreed by the Council. --- (c) No Owner will
be able to exempts of contributing for such expenses
for resignation the use or enjoyment of The Common
Elements, neither for abandonment of his unit. ---
(d) The person that acquires an unit will be responsible joint
and mutually with the previous proprietor for The amounts due for
this last one, for her contribution to the administration general
expenses and maintenance until the transfer moment, without
prejudice of The person's rights she acquires to recover of the
other part the sums paid by him. --- (e) The proportional
quantity with which each Owner should contribute
to the common expenses it will be determined, it will fix
and it will impose at the beginning of every year calendar and it
will fall due and it will be payable in monthly terms. The
relationships of accounts by concept of administrative expenses and
maintenance will be monthly correspondents to each Owner for the
Administrator for their payment. The quantities indicated in this
relationships will fall due and they will be payable at the ten (10)
days after correspondents. 30
In the event of payment Lack. The Meeting of Directors will take
action to make collection. Preparing that the quotas that the Owners
don't cover against of the fixed term for their payment will yield
interests to the legal maximum type and that the lack of pay of
three or more serial terms will bear an equivalent additional
penalty to one percent (1%) monthly of the owing total. The
delinquent Owner will be required of payment by means of registered
mail with acknowledgement of receipt and of not making the payment
in the term of fifteen (15) days, he will be been able to demand for
the judicial route according to the procedures settled down by the
law of Horizontal Property, according to amended, being able to
decree for the Tribunal the lien of the debtor's goods or debtors
without another requirement that the presentation of a certification
sworn by the President and Secretary of the Council of Owners in
that the agreement that approved the eligible expense and its
quantity, consists as well as, the administration of pay requirement
according to right. - --- When the owner owes three
serial or more installments, or be behind in six
months or more in the payment of one it spills. independently
of the number of apartments that possesses, he/she
will be been able to deprive of any service included water, light,
cable TV, etc. that uses facilities, equipment to communal Areas,
and this services won't be restored until he/she pays the entirety
of that owed. Of equal it forms, if it reflects a state of debts
like the one described previously will lose the right to vote in the
assemblies of the Council of Regular and it won't recover this right
until, have paid the entirety of that owed. 31 --- In those cases in that the delinquent Owner has leased
his unit, one will be able to obtain Order of the
Tribunal so that the lease consigns judicially in
favor of the Condominium The Los Almendros The total
quantity for concept of lease cánones, Until covering the
Owner's debt totally. --- (f) In any moment that
the accounts of the Condominium indicate a deficit,
The Meeting of Directors will be able to propose an extra
quota to be charged proportionally to all the owners in order to
provide the necessary funds to confront them. for any extra
contribution it will be been able to impose neither to be charged
unless The same one has been previously subjected to, and approved
for, Most in a special meeting of the Council of Owners summoned for
it. --- (g) Any Owner that should more than three
(3) months of the maintenance expenses. he/she won't
be able to vote in The general meetings of The Owners. --- (h) A bulletin board of notices will be installed
in the lobby for the notices of general interest. --- (i) The payments for the administrative expenses
and maintenance of the Condominium, are of responsibility
of the Owner from the date of the deed of sale of
the unit, without caring that the same one is occupied
or not. --- (j) The Meeting of Directors will be
able to, of this way to estimate it convenient to
determine the contraction of a person for the collection
of maintenance quotas, by means of it determines
retribution, previously arranged, for such services.
32? --- SECTION 6.3 PEOPLE WITH RIGHT to USE THE AREAS --- (a) The private Areas will be been able to only use
for the respective owners from the Condominium to
previous expressed permission of this owners. --- (b) The General Elements Commons will be been able
to use for each agreement Owner with the purpose
for which you/they were dedicated without to bother
neither to limit the rights of the other Owners.
--- (c) The Limited Elements Commons if some. They
will be been able to Only use for the Owners of the
units to who is assigned or it foresaw specific permission
of this owners. --- (d) nevertheless what precedes,
all the areas of the building will be been able to
use, with previous notice, to without notice in the
event of emergency, to carry out a maintenance service and
repair of any childbirth of the building, and the Titilares whose
negligence or performance caused damages to other units, they will
be responsible for the repair of the same ones. ---
SECTION 6.4 SALE OR TRANSFERENCE --- In the event
of sale to transfer of The unit. the Seller will
should: --- (a) to Do to consist in The deed of sale
and/or in the sale contract or transfer instrument
that the acquiring Buyers has Read, they understand
and they agree to fulfill the law, the horizontal
Deed and this Regulation. 33
(b) to Demand a declaration in writing from the Buyer recognizing
and accepting that according to the Law, when acquiring the unit him
or her and the Seller they are mutually responsible for any quantity
that the Seller owes to the Council to the moment of the sale or
transfer. This section won't limit any right that has the one Buyer
he/she acquires toward the Seller to recover. any money paid in
satisfaction of debts related to periods previous to the transfer of
the unit. --- SECTION 6.5 MAINTENANCE AND REPAIR
-- All Owner will reimburse quickly to the Council
for the cost from any repair to any required General
or Limited Common Element as a result of a negligent
act or omission of this Owner or occupant. their
employee, servant, agent, visitors or family. ---
SECTION 6.6 RIGHT OF ENTRANCE --- Previous requirement,
each Owner will allow to another Owner to his representative
to enter to his unit if the facilities, alteration
or repairs to the electric services or mechanics to the
unit of which requests the entrance cannot be made unless he is
allowed this entrance. The petition will be done in advance and so
that at the time of entrance it doesn't cause It any inconvenience
to the Owner that allows the entrance. If the Owner of the unit that
the admitted one the entrance suffers some damage or loss in its
property as a result of an act or the person's omission that he/she
enters to the unit. 34
this Owner will be able to present a reclamation before the Council,
through the Administrator or the President, to recover any and all
damage losses suffered by this Owner.. Any Owner. lessee or occupant
of an Unit will be able to take any legal action against any person
or personas that enter in his unit, under the appropriate provisions
under the laws of Puerto Rico., to recover any damage or losses
caused by the act or this person's omission or people.
--- SECTION 6.7 INSPECTION OF THE UNIT --- Each Owner
will allow the right to enter to his unit to the
Administrator or another person authorized by him or her to make
those inspections or to carry out repairs that you are necessary to
prevent damages to the other units, the General Elements Commons or
Limited Elements Commons of the Condominium. Such inspections and/or
repairs will be done or made at one hour and in a convenient way to
the Owners and occupants of the unit. ARTICLE VII
- COMMITTEE OF ARCHITECTURAL CONTROL
--- SECTION 7.1 OPERATION --- The Committee of Architectural
Control will be made up of an odd number of 3 to
more regular natural designated for to the Council in
the annual meeting.. The members of the Committee of Architectural
Control will work without compensation unless the Council, to the
moment in that The members Committee are designated prepares
otherwise. In the case in that the Council didn't designate a
Committee of Architectural Control. then The Meeting will constitute
the Committee of Architectural Control. 35
--- If the Council authorizes it, the Committee of Architectural
Control will be able to hire the services of architects, engineers.
gardeners (Landscapers), surveyors and technical personnel's type
that he/she understands each other necessary for the complete
execution of the obligations that specifies this Article VII, and
this personnel's cost will be included as an expenditure item in the
budget. He votes affirmative of most of the members of the Committee
of Architectural Control it will be required to be able to adopt or
to promulgate any rule or regulation or to do any decision,
determination, regulation or order, or to emit any Permission.
consent, authorization and/or approval that this of agreement with
the authority that provides this article. --- Section
7.2 RESTRICTIONS TO THE CHANGES 36
--- Except for maintenance purposes and appropriate or otherwise
admitted repairs had required by law, The Horizontal Deed or this
Regiment, subject to the exception specified in the Section Seven of
this Article. he/she is prohibited to any Owner. to install, to
erect. to hit, to apply, empañetar. to put hinges, to drill. to
nail, to screw, to build. to alter, to remove or to install lights
or systems of illumination, curtains, awnings. grills. decorations.
grates. walls, antennas. objects to transmit or to receive
television signs or radio. satellite plates, wood, sidewalks.
channels, patio, balconies, terraces, entrances or to do any change
or to alter in any possible way (including the color) the exterior
of any unit to any Element Common of the Condominium to combine to
otherwise to unite two to more units or parts of these. or the
partition of the same one or to remove or to alter any window or
external door of any unit or to do any change or alteration in some
unit which alters the structural integrity of the contiguous unit
and/or of The Common Elements or that otherwise it affects the
interests or the well-being of any other Owner, or materially
increase the operating cost or of the insurance of the Condominium.
or perturb any servitude, while the Architectural Committee is
studying the application of changes that the interested owner in
carrying out them will Subject to the Committee. Such an application
that will have to be done in writing, will come accompanied by the
complete plans with its specifications, indicating the localization,
nature and it forms of the changes (included, without limitation,
any other information specified by the Committee of Architectural
Control). They won't be been able to begin the projects until such
time to the changes the application it has been approved in writing.
Change some won't be approved that affects The security or The
harmony of the design, color and localization with relationship to
the structures that surround it and the topography that perturbs the
servitudes, or that it affects the maintenance costs or of the
insurance of the condominium. .. --- Anything of that
provided in this Section to in this Regulation it
will be interpreted as a relief to any Owner of obtaining the
Owner's consent or Owners of the Condominium The Los Almendros, when
it requires this way it the Law, the deed shade or this Regulation.
--- SECTION 7.3 APPROVALS ----Before the approval
for the Committee of Architectural Control of any
plan and presented specifications of agreement with the
provisions of this Article, a copy of this plan and Specifications,
according to approved, it will be done to form part of the permanent
records of the Committee and a copy of this plan and specifications
containing such an approval, in writing, he/she will be a
correspondent to the solicitor that subjected The same one. In case
the Committee of Architectural Control failed in approving to
disapprove any subjected application of agreement with there are
provisions of this Article against of 45 days after the plans and
specifications and all other material and information required by
the Committee of Architectural Control have been subjected in
writing, then The approval will understand each other refused. The
owner that is not according with this denegatoria will be able to
appeal before to the Council of Owners, body that will have the last
word regarding if it is authorized or not the requested change.
--- SECTION 7.4 LIMITATIONS 38
--- The construction of agreement modifications with the plans and
specifications approved by the Committee of Central Architectural in
harmony with The provisions of this Article will begin to date in
the 6 following months in that the same one is approved by the
Committee of Architectural Control. or in their case for the Council
of Owners, (either for affirmative action or for action prohibition)
and it will be completed to date in the 12 following months of their
Beginning or in the period that the Committee of Architectural
Control or the Council have specified in their approval. In the case
in that the construction you doesn't begin in the specified period,
then the approval of the plan and of the specifications you
considered definitively refused and it will be required to fulfill
the Section again 2 of this article. There won't be deviations of
the plans and specifications approved in writing by the Committee of
Architectural Control without the previous consent of the Committee.
the approval of any plan to specifications in particular, or I
design, it won't tie to the Committee regarding later applications
neither it will prevent that the Committee refuses in a future the
same designs or changes. In these houses, however, the Committee
will justify the denegatoria.
--- SECTION 7.5 CERTIFICATE OF EXECUTION --- To the
termination of any construction or alteration of other
improvements or agreement structures with the plans and
specifications approved by the Committee of Architectural Control in
agreement with the dispositions of this article VIII, the Committee
will should, to application of the owner, to emit an execution
certificate, which will be prima facie evidence that this
39 construction, alteration or improvements indicated
In the certificate have been approved by the Committee
of Architectural Control and that they were built
or installed in execution of the dispositions of
this Article. --- SECTION 7.6 RULES
--- The Architectural control Committee will be able to of time in
time to subject to the Council of Owners for its approval the rules
and regulations with relationship to the form, architectural
particulars, content of the plans and specifications or any other
related matter that it is considered necessary or appropriate to be
subjected for approval. The rules, guides and norms this way
approved they will be published for knowledge of all the owners. Any
rule or regulation, declaration or approach will be interpreted as a
relief to the provisions of this article or any other provisions or
requirement of the Regulation. The Committee of Architectural
Control will be able to charge a reasonable quota for the exam of
any plan and of the subjected specifications for agreement approval
with this Article. The decision of the Committee of Central
Architectural it will be final, except in the case in that some
Owner is increased by any action or prohibition of the Committee of
Central Architectural, in which case the Owner will be able to
appeal before the Meeting, and before this Owner's application, he
will be entitled to a view before the Meeting. ---
SECTION 7.6 EXCUSE 40 --The dispositions of this
Article won't apply to it unites unit possessed by
COMAG DEVELOPMENT while it is used as model or offer
for the sale and until the title of the unit is transferred the
corresponding buyer. ARTICLE VIII
--- FOR AMENDMENTS TO THE REGULATION AND PROCEDURE FOR DECISIONS
THAT REQUIRE UNANIMITY: --- SECTION 8.1 The present
Regulation will be able to be amended, altered or
repealed in meeting by third two parts of all the Owners.
When is not able to obtain the approval of the third two required
parts, in the meeting summoned for that purpose, approved the
agreement for a smaller number. but that it constitutes a majority
of the present Owners, the Secretary it will notify those Owners
that properly mentioned has not attended, by means of notification
sent certificate by mail with acknowledgement of receipt with copy
faithful and exact of the one he/she agrees taken to the registered
address with the administrator or in address absence, to the unit of
the one that is Regular, preparing them expressly that their
conformity or discrepancy inside the granted term and in the form
proscribed, will be here in favor of the agreement. The taken
agreement and the amendments, alterations or repeals to the
Regulation are executable so soon the approval of the third two
parts of the Owners is obtained. --- SECTION 8.2
UNANIMITY 41
--- When all the present Owners in a meeting summoned to take an
agreement that requires unanimity. adopts this agreement. those
Owners that properly not mentioned assisted hubieren they will be
notified in the outlawed form it is the Section 7.1 previous and if
in the term of thirty (30) days to count of this notification
doesn't manifest in the same form their discrepancy they will be
linked by the agreement that won't be executable until such a term
lapses, save that before manifests its conformity. The adhesion in
writing to the resolution where it consists the agreement it will
imply that said owner was notified properly. ARTICLE
IX GENERAL DISPOSITIONS
--- SECTION 9.1 The nullity of any of the dispositions of the
present way Regulation some will invalidate or it will affect the
validity. execution or effects of the remaining dispositions.
----SECTION 9.2 Any restriction. condition, obligation or
disposition contained in this Regulation will understand each other
repealed or resigned by reason of the non execution of the same one.
independently of the number of violations or non fulfillments that
can happen. --- SECTION 9.3 The present regulation
you the one composed to give execution to the preceptuado
for the Law Number Hundred Fifty Seven (157) of four
(4) of June of thousand nine hundred seventy six
(1976), according to amended. and according to This he/she unites
and it is done to be part of the Main Deed as Annexed A..
--- SECTION 9.4 Everywhere that it is indicated the word Condominium
or building the same one of he/she refers to the condominium The Los
Almendros. 42
--- Of conformity with the before exposed in this Regulation, the
owner of the CONDOMINIUM THE LOS ALMENDROS, it signs the same one in
Mayaguez, Puerto Rico. at thirteen (13) of April of the year two
thousand (2000). COMAG DEVELOPMENT, INC.
I testify it Numbered: 20,680 --- subscribed the Regulation
that precedes for COMAG DEVELOPMENT, before me INC.,
, an organized and existent corporation the assistance
of the Laws of the Free State Associated of Puerto
Rico, represented in this act By their President, of age, proprietor
and neighbor of Guaynabo, Puerto Rico. properly authorized to appear
document presently, to who GIVE FAITH of knowing personally in
Mayaguez,, Puerto Rico, this day the thirteen (13) of April of the
year two thousand (2000). NOTARY PUBLIC
43
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