Costa Rica: San JoséFlamingo Tamarindo Nosara


Do you live in a condo complex? You might be interested to know about law 10229

August, 2022

A condominium is a type of co-ownership in which each owner holds absolute individual ownership of a unit based on a legal description of the unit's airspace, plus an undivided interest in the ownership of the common elements jointly with the other condo owners. Therefore, a condominium is a divided co-ownership, meaning that each unit is independent of the others and has its cadastre map. Each condominium owner pays a fee to support the maintenance of the common areas. A condominium association, HOA, will take decisions about the expenditures for repairs and handle administrative work to manage the complex's common areas.
The CR Congress, "Asamblea Legislativa," approved a law that modifies section 27 in the "Ley Reguladora de la Propiedad en Condominio". Law 10229 was published in La Gaceta on June 28, 2022.



Worth mentioning some key concepts about the voting system in condominiums. Section 27 of the condo law establishes the percentage required for voting and approval at the HOA meetings. Each condo unit or lot has a value assigned, usually based on the footprint, per the registered condominium declaration before National Registry, known as "valor porcentual." That percentage represents the owners' voting rights in the HOA. Thus, even if the condominium units look similar, they do not necessarily have the same voting percentage.
It is essential to understand that the condo decisions required to gather a specific voting percentage in the HOA, such as a unanimous, a simple majority (51%), or a qualified majority (⅔ of the condo complex).



Need An Appointment For Legal HElp?

Make An Appointment