Eden Bay Condominium
Home
About Us
Orientation
Contact
Links
Lease
Regulations

Espanol

Condominium Regulations

INTRODUCTION
CHAPTER I: - DECLARATION OF FORMATION OF THE CONDOMINIUM
Article 1 - Declaration of Ownership
Article 2 - Improvements
Article 3 - Declaration of Condominium and Registration
Article 4 - Name of the Condominium
Article 5 - Legal Status of the Condominium
Article 6 - Condominium Regime
Article 7 - Obligatory Force of the Condominium Rules
CHAPTER II: EXCLUSIVE-PROPERTY UNITS AND COMMON THINGS
Article 8 - Different Types of Exclusive-Property Units
Article 9 - Units Located in buildings
Article 10 - Cottage Units
Article 11- Things and Spaces Subject to Exclusive or Private Ownership
Article 12- Horizontal Bounds of the Private Units
Article 13- Vertical Bounds of the Private Units
Article 14 –Common Things
Article 15- Rights of Owners
Article 16- Extension or Reduction of the Common Things
CHAPTER III: DISTRIBUTION OF THE COMMON THINGS AND NUMBER OF VOTES
Article 17- Distribution of the Common Things
Article 18- Number of Votes and Percentage of Participation Ascribed to Each
Article 19- Modification of the Number of Votes and Percentage of Participation
CHAPTER IV: ORGANS OF GOVERNMENT, ADMINISTRATION AND CONTROL
Article 20- Organs of Government
Section 1.- The General Assembly
Article 21- Constitution- Authority
Article 22- Convocations
Article 23- Manner of Convocation
Article 24- Place of Meeting
Article 25- Owners’ Participation
Article 26- Attendance Roll
Article 27- Executive Officers
Article 28- Formation of the Assembly
Article 29- Order of the Day
Article 30- Quorum
Article 31– Casting of Votes
Article 32- Majority
Article 33- Minutes
Article 34- First General Assembly
Article 35- Annual General Assemblies
Article 36- Special General Assemblies
Article 37- Functions of the General Assembly
Section 2. The Manager
Article 38- Designation- Term of Office
Article 39- Provisional Manager
Article 40- Resignation
Article 41- The Manager’s Remuneration
Article 42 –Registers
Article 43- The Manager’s Functions and Obligations
Article 44- The Manager’s Liability
Article 45- Business of the Manager with the Condominium
CHAPTER V: DESTINATION OF THE PROPERTY AND USE OF ITS PARTS
Article 46- Destination of THE PROPERTY
Section 1- Use of the Private Units
Article 47- Owners’ Rights
Article 48- Conditions for Using the Private Units
Section 2- Use of the Common Things
Article 49- Owners’ Rights
Article 50- Conditions for Using the Common Things
CHAPTER VI: DISTRIBUTION OF THE COMMON FEES
Article 51- Definition and Enumeration of the Common Fees
Article 52- Distribution of the Common Expenses. Reference
Article 53- Manner of Payment
Article 54- Default
Article 55- Collateral- Privileged Mortgage
Article 56- Shared Rights to a Unit-Jointure and Severalty Concerning
Article 57- Deposit of Payments
CHAPTER VII: THE FISCAL AND ADMINISTRATIVE YEAR
Article 58- Duration
Article 59- Budget
CHAPTER VIII: INSURANCE
Article 60- Obligatory Insurance
Article 61- Beneficiaries of the Insured Policies
Article 62 - Appraisal of the Things Insured
Article 63- Claims- Compensation
Article 64- Custody of Insurance Policies. Notice to Owners
Article 65- Distribution of Compensations
CHAPTER IX: TRANSFER AND RENTAL OF THE PROPERTY
Article 66- Scope of Application
Article 67- Payment of the Common Expenses
Article 68- Certificate of Indebtedness
Article 69- Rentals
CHAPTER X: DISSOLUTION OF THE CONDOMINIUM
Article 70- Conventional Dissolution
Article 71- Dissolution Because of Destruction
Article 72 - Reconstruction or Reparation
CHAPTER XI: MISCELLANEOUS PROVISIONS
Article 73 - Boundaries of the Condominium
Article 74- Jurisdiction
Article 75- Construction
Article 76- Exceptionability of the Modification of THE REGULATIONS
Article 77- Severability
Article 78- Implicit Non-renouncement to Rights
Article 79- Construction
Article 80- Acceptance of the Provisional Manager
ATTACHMENT A: Tax Register Map of the Condominium: Parcel No. 6-Refund.-1 (6-Subdivision-1) of Tax Register District No. 3 of the Municipality of Cabrera.
ATTACHMENT B: Map of the Condominium’s location.
ATTACHMENT C: Provisional Budget of the Condominium.
 
DECLARATION OF FORMATION AND REGULATIONS ON THE JOINT OWNERSHIP AND ADMINISTRATION OF
EDEN BAY CONDOMINIUM

INTRODUCTION
ABREU INVERSIONES, S. A., a corporation formed and existing in accordance with the laws of the Dominican Republic, domiciled at Calle Duatre No2, Tercer Piso, in the city and municipality of Sosua, Province of Puerto Plata, Dominican Republic, duly represented herein by its special attorney, Licenciado FABIO JOSE GUZMAN ARIZA, a Dominican, of legal age, married, attorney at law, bearer of identification and Electoral Card Number 056-0009484-0, domiciled and residing in the city of San Francisco de Macoris, pursuant to a delegation of power dated April 20, 1993, in compliance with the provisions of law No5038 of November 28, 1958 – which instituted a special system for property by floors or apartments – and Law No404 of October 5, 1972, has drafted this act, whereby it forms into a condominium the property described hereinbelow, and the improvements thereof; wherefore, it executes this Declaration of Formation and Regulations on Joint Ownership and Administration, which shall be binding on all the joint owners of the Condominium.
CHAPTER I

DECLARATION OF FORMATION OF CONDOMINIUM
Article 1. - Declaration of Ownership – ABREU INVERSIONES, S.A. declares that it is the sole owner of the property described hereupon:
The whole parcel number 6 – Refund – 1 (Six- Refundida- One) of Cadastral District of the Municipality of Cabrera, with a surface area of 3 (three) Hectarces,78(Seventy-eight) Acres and 0.6 (zero point six) Centiares, and all its improvements, annexes and appurtenances, built or to be built or to be constructed, which shall be indicated later in this act; which property is guaranteed by Title Deed Number 94-158, issued by the Registrar of Titles of the Department of Nagua, and which is free of all liens or encumbrances.
Article 2. - Improvements - ABREU INVERSIONES, S.A. declares that the improvements recently built, undergoing construction or to be constructed in the property described in the forgoing article consist of four (4) buildings with thirty three (33) lodging units each, and sixty (60) cottages, for a total of one hundred and ninety two (192) lodging units, and the annexes and appurtenances thereof, which consist of gardens, pedestrian traffic areas, and streets.
Paragraph I. – The aforementioned lodging units are subject of being owned by various natural or conventional persons, and, according to law No5038 of 1958 and Law No404 of 1972, each one of those private areas may be registered as a separate or independent unit, at the office of the Registrar of Titles of the appropriate Department.
Paragraph II. – The improvements described hereinabove appear on the plans and designs attached hereto, which have been duly approved and which are to be considered as an integrative part of this act.
Article 3. – Declaration of Condominium and Requisition of Registration –ABREU INVERSIONES, S.A., in its capacity as the sole owner of the above-mentioned property and of the improvements thereof (hereinafter THE PROPERTY), hereby declares it intention to subject THE PROPERTY to the regime instituted by law No5038 of 1958 and Law No404 of 1972, and it formally requests the Registrar of Titles of the Department of Puerto Plata- following the authorization granted by the Superior Land Court, and in accordance with the aforesaid Laws, to proceed to the registration of the proprietary rights to THE PROPERTY, pursuant to the regime instituted by the said Laws.
Article 4. - Name of the Condominium. – [THE PROPERTY formed hereunder into a condominium shall be denominated “PARADISE BEACH RESORT”, which name is in the process of being registered with the Registry of Commercial and Industrial Property of the State Secretariat of Industry and Commerce of the Dominican Republic.]
2Feb2006: THE PROPERTY formed hereunder into a condominium shall be called ”EDEN BAY CONDOMINIUM”.
Article 5. - Legal Status of the Condominium. – [The aggregate of the owners of the units which make up THE PROPERTY hereby form – obligatory and a matter of law- a consortium or association invested with legal status, which shall legally represent all owners with regard to third parties and to the owners themselves, through a Manager.]
2Feb2006: The aggregate of the owners of the units which make up THE PROPERTY hereby form—obligatorily and as a matter of law—a consortium or association called EDEN BAY CONDOMINIUM, invested with legal status, which shall legally represent all owners with regard to third parties and to the owners themselves, through a Board of Directors and a Manager.
Article 6. - Condominium Regime. – As of the date of its registration at the Registry of Titles of the appropriate Department, as required, the Condominium shall be governed by the provisions of Law No5038 of 1958 and Law No404 of 1972, by those of this “Declaration of Formation and Regulations on Joint Ownership and Administration” (hereinafter THE REGULATIONS), and by the resolutions, adopted by the Owners’ Association and by the Condominium Manager, in accordance with the abovementioned Laws and THE REGULATIONS.
Article 7. - Obligatory Force of the Condominium Rules. – All the owners of the different units which constitute the Condominium, as well as those having an interest in the same – whatever their capacity – and their transferees, must abide by the provisions of Law No5038 of 1958 and Law No404 of 1972 and the amendments thereof, by the provisions contained in these REGULATIONS, and by those of any other rules dictated by Laws and/or THE REGULATIONS
Table of Contents
CHAPTER II

EXCLUSIVE-PROPERTY UNITS AND COMMON THINGS
Article 8. – Different Types of Exclusive-Property Units. – The exclusive or private units are situated in four (4) buildings and sixty (60) cottages.
Article 9. – Units Located in Buildings. – The one hundred and thirty two (132) units located in the Condominium buildings, distributed into four (4) buildings named “A”, “B”, “C”, and “D”, as shown in the plans attached hereto, are the following:
BUILDING “A” – FIRST FLOOR
APARTMENT 100, with a construction area of 69.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 101, with a construction area of 99.00 square meters and the following layout: One bedroom, one (1) bathroom, dining area, living-room, kitchen, closet, and balcony.
APARTMENT 102, with a construction area of 68.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 103, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 104, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 105, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 106, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 107, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 108, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony
APARTMENT 109, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 110, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
BUILDING “A” – SECOND FLOOR
APARTMENT 200, with a construction area of 69.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 201, with a construction area of 99.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, dining area, kitchen, living room, closet, and balcony.
APARTMENT 202, with a construction area of 68.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 203, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 204, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 205, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 206, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 207, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 208, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 209, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 210, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
BUILDING “A” – THIRD FLOOR
APARTMENT 300, with a construction area of 69.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 301, with a construction area of 99.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, dining area, kitchen, living room, closet, and balcony.
APARTMENT 302, with a construction area of 68.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 303, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 304, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 305, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 306, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 307, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 308, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 309, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 310, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
BUILDING “B”– FIRST FLOOR
APARTMENT 111, with a construction area of 69.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 112, with a construction area of 99.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, dining area, kitchen, living room, closet, and balcony.
APARTMENT 113, with a construction area of 68.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 114, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 115, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 116, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 117, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 118, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 119, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 120, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 121, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
BUILDING “B” - SECOND FLOOR
APARTMENT 211, with a construction area of 69.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 212, with a construction area of 99.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, dining area, kitchen, living room, closet, and balcony.
APARTMENT 213, with a construction area of 68.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 214, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 215, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 216, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 217, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 218, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 219, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 220, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 221, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
BUILDING “B” – THIRD FLOOR
APARTMENT 311, with a construction area of 69.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 312, with a construction area of 99.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, dining area, kitchen, living room, closet, and balcony.
APARTMENT 313, with a construction area of 68.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 314, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 315, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 316, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 317, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 318, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 319, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 320, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 321, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
BUILDING “C” - FIRST FLOOR
APARTMENT 122, with a construction area of 69.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 123, with a construction area of 99.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, dining area, kitchen, living room, closet, and balcony.
APARTMENT 124, with a construction area of 68.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 125, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 126, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 127, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 128, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 129, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 130, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 131, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 132, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
BUILDING “C” – SECOND FLOOR
APARTMENT 222, with a construction area of 69.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 223, with a construction area of 99.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, dining area, kitchen, living room, closet, and balcony.
APARTMENT 224, with a construction area of 68.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 225, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 226, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 227, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 228, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 229, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 230, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 231, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 232, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
BUILDING “C” – THIRD FLOOR
APARTMENT 322, with a construction area of 69.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 323, with a construction area of 99.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, dining area, kitchen, living room, closet, and balcony.
APARTMENT 324, with a construction area of 68.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 325, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 326, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 327, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 328, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 329, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 330, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 331, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 332, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
BUILDING “D” – FIRST FLOOR
APARTMENT 133, with a construction area of 69.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 134, with a construction area of 99.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, dining area, kitchen, living room, closet, and balcony.
APARTMENT 135, with a construction area of 68.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 136, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 137, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 138, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 139, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 140, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 141, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 142, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 143, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
BUILDING “D” – SECOND FLOOR
APARTMENT 233, with a construction area of 69.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 234, with a construction area of 99.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, dining area, kitchen, living room, closet, and balcony.
APARTMENT 235, with a construction area of 68.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 236 with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 237, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 238 with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 239, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 240, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 241, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 242, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 243, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
BUILDING “D – THIRD FLOOR
APARTMENT 333, with a construction area of 69.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 334, with a construction area of 99.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, dining area, kitchen, living room, closet, and balcony.
APARTMENT 335, with a construction area of 68.00 square meters and the following layout: bedroom area, one (1) bathroom, dining area, kitchen, closet, and balcony.
APARTMENT 336, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 337, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 338, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 339, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 340, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 341, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 342, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
APARTMENT 343, with a construction area of 54.00 square meters and the following layout: One (1) bedroom, one (1) bathroom, and balcony.
Article 10. Cottage Units. – The sixty (60) units consisting, as shown in the plans attached hereto, are the following:
COTTAGE 401, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 402, with a construction area of 80.00square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 403, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 404, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 405, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 406, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 407, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 408, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 409, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 410, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 411, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 412, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 413, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 414, with a construction area of 122.16 square meters, and the following layout: two (2) bedrooms, two (2) bathrooms, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 415, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 416, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 417, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 418, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 419, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 420, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 421, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 422, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 423, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 424, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 425, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 426, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 427, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 428, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 429, with a construction area of 147.60 square meters, and the following layout: two (2) bedrooms, two (2) bathrooms, one (1) dining room, one (1) kitchen, one (1) living-room, and porch.
COTTAGE 430, with a construction area of 167.23 square meters, and the following layout: two (2) bedrooms, two (2) bathrooms, one (1) dining room, one (1) kitchen, one (1) living-room, and porch.
COTTAGE 431, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 432, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 433, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 434, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 435, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 436, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 437, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 438, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 439, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 440, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 441, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 442, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 443, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 444, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 445, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 446, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 447, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 448, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 449, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 450, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 451, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 452, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 453, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 454, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 455, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 456, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 457, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 458, with a construction area of 229.70 square meters, and the following layout: three (3) bedrooms, one (3) bathrooms, two (2) dining rooms, two (2) kitchens, two (2) living-rooms, and two (2) porches.
COTTAGE 459, with a construction area of 80.00 square meters, and the following layout: one (1) bedroom, one (1) bathroom, one (1) dining room, one (1) kitchen, one (1) living-room, and porch, and storage closets.
COTTAGE 460, with a construction area of 131.17 square meters, and the following layout: two (2) bedrooms, two (2) bathrooms, one (1) dining room, one (1) kitchen, one (1) living-room, two porches, sun deck, and carport.
Article 11. – Things and Spaces Subject to Exclusive or Private Ownership. – In addition to the areas described in the title deed pertaining to each unit, the following things shall be part of the private units: The doors and windows inside the limits of the private unit, as defined in subsequent articles herein; interior floors and ceilings; kitchen equipment and fixtures; ducts, sanitary, and other equipment and facilities inside the bounds of the particular unit and used exclusively for the same.
Article 12. – Horizontal Bounds of the Private Units. The lower bound of each private unit shall be the upper surface of the floor. The upper limit shall be the lower surface of the ceiling. The structural base of the roofs and floors shall be deemed common property; their interior coating shall be considered as part of the exclusive or private property.
Paragraph: As regards the cottages, the lower bound of each private unit shall be the land on which it is built, and the upper limit shall be the outer surface of the roof.
Article 13. – Vertical Bounds of the Private Units. – The vertical limit of each private unit shall be the interior surface of the walls. The interior coating of the walls shall be considered as part of the private property. The partitions between units or between a private property and a common thing shall be common property. The doors and windows of the private units shall be private property.
Paragraph: With respect to the cottages, the vertical bounds of each private unit shall be the exterior surface of the walls, doors, and windows.
Article 14. – Common Things. – The common things shall be those which no one may claim as their private property according to their title deed, as well as those deemed necessary for the existence, security, soundness and conservation of THE PROPERTY as a whole, and those allowing for the use and enjoyment of each one of the units subject to exclusive ownership. The common things include without limitation:
1. The land where the improvements described in article 2 herein have been constructed in all its surface and depth, as well as all the aerial space above the buildings.
2. The paths or pedestrian passages, inner streets, sidewalks, and access ways in general, inside THE PROPERTY.
3. The green areas, gardens and yards.
4. In the case of private units situated in buildings, all structural parts of the same, such as foundations, main walls and party walls, roofs, floors, columns, girders, stairs, or any other part of the building considered as structural work.
5. Stairs, footbridges, halls, lobbies, common bathroom, and storerooms, with all the equipment, furniture and fixtures of those areas.
Article 15. – Rights of All Owners. – Each proprietor is the exclusive owner of his unit, and the undivided co-owner, jointly with the other owners, of all common things. The rights of each owner to the common things are inseparable from the ownership of their units. With no need of special mention, these rights to the common things shall be transferred to the buyer of a private unit.
Article 16. – Extension or Reduction of the Common Things. – The owners may extend or reduce the number of common things, and in the event limit the joint ownership of some of them to the persons who use them or who must care for or maintain them on account of the position of their respective units. The consent of all owners shall be necessary in order to alter the decisions declaring, extending or reducing the number of common things, or limiting the joint ownership.
Table of Contents
CHAPTER III

DISTRIBUTION OF THE COMMON THINGS AND NUMBER OF VOTES
Article 17. – Distribution of the Common Things – All owners of private units shall have the obligation to contribute to the conservation, maintenance, repair, improvement, and administration of the common things, as well as to expenditures of capital which the General Assembly of the Owners’ Association deems necessary for making better use of the same, in the manner set forth in Chapter IV of these REGULATIONS.
Article 18. – Number of Votes and Percentage of Participation Ascribed to Each Unit.- The number of votes assigned to each private-property unit shall be one (1) vote per unit, and the percentage of participation in the Condominium expenses corresponding to each unit shall be zero point fifty-two percent (1/192) and multiplying by one hundred (100).
Paragraph: Units not yet built shall have no right to vote, nor shall they participate in the expenses until their construction is finished. The participation of these units in the common expenses shall be apportioned proportionately among the other units. The votes of the units not yet built shall not be computed for establishing a quorum for the General Assembly, or for adopting any resolution thereof, or for any other purpose stipulated in these REGULATIONS concerning votes in general, and the votes assigned to each such unit pending construction shall be considered nonexistent until construction has been completed.
Article 19. – Modification of the Number of votes and Percentage of Participation of Each Unit. - The number of votes corresponding to the owner of each private unit, and his participation in the Condominium’s expenses as set forth in the foregoing articles, may be modified only by unanimous agreement of all such owners.
Table of Contents
CHAPTER IV

ORGANS OF GOVERNMENT, ADMINISTRATION, AND CONTROL
Article 20. – Organs of Government- [The direction, administration and control of the condominium shall be the responsibility, in hierarchical order, of:
1. The General Assembly of the Homeowners’ Association; and,
2. The Manager]
2 Feb 2006: The direction, administration and control of the condominium shall be the responsibility, in hierarchical order, of:
1. The Owners in General Assembly,
2. The Board of Directors,
3. The Condominium Manager.
Section 1
The General Assembly
Article 21. - Formation. - Authority. The General Assembly of the Owners’ Association shall be validly formed by the meeting of the owners of the private units, in the number and according to the formalities prescribed by Law No5038 of 1958 and by these REGULATIONS. When it is regularly formed, it shall represent the universality of the owners and of the units, and its agreements and resolutions shall be binding on all the owners, its own executives, the Manager, and any other person having an interest in the Condominium, including those dissident, absent or incapable.
Article 22 – Convocations. – [General Assemblies shall be called by the Manager, by the Chairman of the Assembly, or by owners representing at least one quarter of the votes of the Condominium.]
2Feb2006: General Assemblies may be called by the Manager, by the Chair of the Board of Directors, by any three (3) Directors, or by owners representing at least one quarter of the votes of the Condominium
Article 23. - Manner of Convocation. – [The General Assemblies of the Owners’ Association shall be called by thirty (30) days notice at the least (exclusive of the day on which the notice is served, or deemed to be served, and of the day of the meeting) by certified letter or telefax addressed to each owner, to their real or chosen domicile.]
2Feb2006: The General Assemblies of the Consortium of Owners shall be called with thirty (30) days’ notice at the least (exclusive of the day on which the notice is served, and of the day of the meeting) by certified letter, circular—return receipt requested, or service by a court officer, addressed to each owner at their actual or elected domicile. Notices can also be sent to each owner by fax or electronic mail, within the same time frame, if, in advance of the date of the meeting, said fax number or electronic mail address is noted in the register indicated in the following Paragraph and should be sent as well in any other manner requested by the person attending the meeting. Owners will have the right to require that meeting notices be sent to them by fax or by electronic mail, in addition to any other manner of notification.
Paragraph I. [The Manager shall keep a list or registrar containing the names and addresses of all owners, on the basis of the statements which all owners must make pursuant to Article 25 of these REGULATIONS. Notices of meetings shall be validly served at the addresses appearing in the registers, except if the owner has previously informed the Manger about his change of domicile.]
2Feb2006: The Manager is required to have a list or register showing owners’ names, fax numbers, and both physical and electronic-mail addresses, based on the notification that each owner has to make in conformity with Article 25 of these Regulations. Notices of meetings may validly be sent to the physical or electronic-mail addresses, or fax numbers, that are in the register, unless the owner has notified the Manager of a change in advance of the meeting.
Paragraph II. – [All owners may renounce the right to being served notice of meetings or assemblies. All Assemblies shall be validly formed with no need of convocation or term, if all the owners are either present or duly represented thereat.]
2Feb2006: Any owner may renounce the right of being notified of a meeting. Any Assembly will be validly constituted, with no need of meeting notice or any advance notice, if all the owners are present or duly represented.
Paragraph III. – Notices of meetings shall contain—succinctly but precisely—the order of the day and the date, time, and place of the meeting.
Article 24. – Place of Meeting. – [The General Assembly shall be held at the place indicated in the notice by the Condominium.]
2Feb2006: The General Assembly shall be held in the place in the Dominican Republic indicated in the notice.
Article 25. – Owners’ Participation. All owners have the right to participate and vote in all General Assemblies, whether in person or by proxy. Such proxy may or may not be an owner, and must be provided with a written authorization.
Paragraph I. The capacity of the owner should be credited by the Owner’s Duplicate of the corresponding Title Deed, in accordance with the Law of Land Registry and Law No5038 of 1958, and by presenting a copy of such Title Deed to the Condominium Manager, together with a declaration by the owner, stating his real domicile, or his domicile of choice, if appropriate. To this end, every owner is obligated to submit a copy of his Owner’s Duplicate to the Manager within thirty (30) days after having obtained it, and to supply al the information regarding his real domicile or domicile of choice. In want of designation of a real domicile or chosen domicile, it will be deemed that the owner has elected domicile at his private unit. After having registered, each owner must notify the Manager of any change in connection with his real and/or chosen domicile.
Paragraph II. – The transfer of ownership or of any one of its dismemberments shall not be exceptionable to the Owners’ Association, unless the provisions contained in Paragraph I of this article have been complied with. For purposes of the General Assembly, the persons whose names and domiciles appear in the register of owners shall be considered to be the owners. Likewise, the revocations of powers of attorney shall take effect only after having been notified to the Manager. Hence, a notice addressed to the former owner or former attorney shall be valid, when served before the manager has received the pertinent information.
Paragraph III: All proxies must be deposited before the time set for the Assembly.
Paragraph IV: When the right to ownership of a private unit is shared by two or more persons, or if such right is apportioned between the owner subject to usufruct and the usufructuary, the said persons must be represented at the Assembly by one proxy, designated by agreement between the parties or by a court decision. Likewise, corporations and incapable persons must be represented by only one proxy.
Article 26. – Attendance Roll. – Prior to any General Assembly, the Manager must prepare a roster containing the names and domiciles of the owners attending in person or by proxy, as well as the number of units and votes they are entitled to. Such roster shall be signed by all owners present, or by their proxies, and it shall be certified as correct by the Chairman and the Secretary of the Assembly. The secretary of the Assembly may require that all those present submit their personal identification documents in order to be authorized to take part in the Assembly.
Article 27. – Executive Officers. – [The officers of the General Assembly shall be a Chairman and a Secretary, who may or may not owners of units in the Condominium. The first action of the Assembly shall be the election of these officers. In the case of an equality of votes, the matter shall be decided by chance. These executives shall remain in office until their substitutes are designated at the Annual General Assembly following that in which they were elected, and they may be reelected indefinitely.]
2Feb2006: The Board of Directors will constitute, as a matter of law, the Executive Officers of the Assembly. The presidency will be held by the Chair of the Board of Directors, even in the case where the Assembly was not convoked by him or by the Board of Directors. The Secretary of the Board of Directors will act as Secretary of the Assembly.
Paragraph I. – [Neither the Manager, nor his spouse or dependants may become Chairman of the Assembly.]
2Feb2006: Neither the Manager, nor his/her spouse or dependents, may be an Executive Officer of the Assembly or a member of the Board of Directors.
Paragraph II. – [The Chairman of the Assembly shall lead the discussions, verify the counting of votes, and take necessary actions for the proper development and conduction of debates. The Secretary shall draft the minutes and certify the copies or the extracts therefrom.]
[2Feb2006: The Chair of the Board of Directors shall lead the discussions and take the necessary actions for the proper development and conducting of debates. The Secretary of the Board of Directors shall draft the minutes and certify the copies thereof or the extracts therefrom.]
7Oct2006: The Chair of the Board of Directors shall lead the discussions, verify the counting of votes, and take the necessary actions for the proper development and conducting of debates. The Secretary of the Board of Directors shall draft the minutes and certify the copies thereof or the extracts therefrom.
Paragraph III – [In the event of the Chairman’s absence or incapacity, the Assembly shall designate an Ad-Hoc substitute. In the case of the Secretary’s absence or incapacity, the Assembly shall likewise proceed to designate an Ad-Hoc Secretary.]
2Feb2006: In the event of the Chair’s absence or incapacity, the Vice-Chair will replace him, and in case of the absence or incapacity of both the Chair and Vice-Chair, the other Board members will chose one of themselves as President. In case of total absence of the Board of Directors, the Assembly will elect a President from among those present in the Assembly. In case of absence or incapacity of the Secretary, the Board of Directors shall likewise designate an ad-hoc Secretary from among the remaining Board members not acting as President of the Assembly. In the case of the absence of the Board of Directors, the Assembly will elect a Secretary from among those present in the Assembly.
Article 28. – Formation of the Assembly. Upon designating its officers, if such designation is appropriate, the Assembly shall proceed to declare whether it has been legally formed.
Article 29. – Order of the Day. – The order of the day shall be drafted by the person or persons calling the General Assembly: however, the Chairman of the Assembly must include in the order of the day all motions originating from owners representing no less than one quarter (1/4) of the votes present at the Assembly, provided that such motions have been submitted to the said officer, or to the Manager, at least five (5) days before the date of the Assembly (exclusive of the day when the motion is submitted and the day of the meeting). All resolutions resulting directly or indirectly from the discussion originated by an issue in the order of the day must be put to a vote.
Article 30. – Quorum. – [A quorum shall be formed in all General Assemblies, when the owners holding the regular majority of the votes of the Owners’ Association are either present or duly represented thereat.]
7Oct2006: Except for the special quorums established in the Paragraph of Article 32 of the present Regulations and in Law No. 5038 of November 21, 1958, a regular quorum shall be formed in all General Assemblies when the owners holding the regular majority of fifty (50) percent plus one (1) of the votes of the Owners’ Association are either present or duly represented thereat.
Paragraph. – The assembly may not adopt any resolution unless a quorum is present within the two (2) hours from the time for which the Assembly was convened. If a quorum is not formed within such a time period of time, the Assembly shall be automatically postponed with no need of notice, until the following week, at the same place and time and on the same day of the week. In such an event, the Chairman of the Assembly must have a sign posted at the place designated for the Assembly, informing about such postponement and the date, time and place for holding the next assembly. If the following week, the quorum required is not formed within two (2) hours after the time fixed, the Assembly shall take no less that one quarter (1/4) of the votes of the Association
Article 31. - Casting of Votes. – The persons present at the Assembly shall cast their votes on a show of hands when a motion is put to a vote, or by public, individual, oral poll, expressed consecutively by each one of those present, or by secret ballot – if so demanded by the regular majority of the votes present. The Chairman of the Assembly shall declare the results of the voting and an entry to that effect shall be made in the Minutes of the Assembly. The result entered in such Minutes shall be deemed true until proven otherwise.
Article 32. – Majority. – All resolutions decided at the Assemblies shall be passed by a majority of the votes present and cast, except if otherwise prescribed by Law No5038 of 1958, or by these REGULATIONS. In the case of an equality of votes, the Chairman of the Assembly shall be entitled to a second or casting vote
Paragraph. – [The following matters shall be subject to special majority:]
7Oct2006: The following matters shall be subject to special majority and therefore to a special quorum, as indicated in each case:
1. The consent of all owners shall be required to alter the agreements declaring, extending or restricting the number of the common things, or limiting the joint ownership.
2. The unanimous consent of all owners shall be required in order to alter the number of votes ascribed to each private unit in these REGULATIONS, as well as the percentage of participation of each such in the condominium expenses.
3. The unanimous consent of all owners shall be required to solve questions pertaining to acts of disposal and pledging, when the said acts concern the alienation or mortgage of the whole of the property or the whole or part of the common things, or the acquisition of new property.
4. The unanimous consent of all owners shall be required in order to decide about the construction of THE PROPERTY, in case of oldness or decay.
5. A majority of three quarters (3/4) of the owners’ votes shall be required to modify the destiny of THE PROPERTY, and especially its destiny as a hotel operation, as set forth below.
6. A majority of three quarters (3/4) of the owners’ votes, and an ordinary majority of the same, shall be required in order to add more stories or buildings or to carry out new works or the appurtenances thereof, as well as for apportioning the expenditures incurred in such works.
7. A majority of three quarters (3/4) of the owners’ votes and an ordinary majority of the same, shall be required in order to dictate, alter or replace any provision contained in these REGULATIONS for which Law No5038 of 1958 or the REGULATIONS do not require the unanimous consent of the owners.
Article 33. – Minutes. – The minutes of the General Assembly must contain the following information: the place, time and date of the Assembly, and the proposed order of the day, the number of votes present, stating the names of the unit owners or their agents who are entitled to such votes, and indicating the units subject to private ownership belonging to the owners: the formation of the Assembly and declaration of the validity of its formation; the text of the resolutions adopted, indicating the votes in favor and against; explanations concerning the votes and the reservations or statements which any owner wishes to have spread upon the record.
Paragraph I: All minutes must be signed at the end of their text by the Chairman and the Secretary of the Assembly, and by no less than two of the owners present or duly represented. The copies and extracts from the minutes shall be conclusive evidence when certified by the Secretary of the Assembly.
Paragraph II: The Secretary of the Assembly shall send, by regular mail, copies of or extracts from the minutes to those owners who were not represented at the Assembly.
Article 34. – First General Assembly. – The first General Assembly of the Owners’ Association shall be held within six (6) months from the date of the registration made at the appropriate Registry of Titles of the resolution of the Land Court approving the REGULATIONS. At such first assembly, the Manager shall be designated, his remuneration shall be determined, the dates for the commencement and closure of the annual fiscal year shall be fixed and a provisional budget for the first financial year adopted by the Provisional Manager- who shall be named later herein- shall be either approved or rejected.
Article 35. – Annual General Assemblies. [General Assemblies shall be regularly, with no need of convocation, in the Condominium’s common area, on the third Saturday of June, every year, at ten o’clock in the morning (10:00AM).]
[12Oct1996: The Assembly will meet regularly, with no need of any notice, in the common area of the Condominium on the Saturday in October that coincides with the celebration of Columbus Day in the United States.]
7Oct2006: The Annual General Assembly will meet regularly, with no need of any notice, in the common area of the Condominium or in the area of Eden Bay Resort on the Saturday in October that precedes by two days the celebration of Columbus Day in the United States, at two o’clock in the afternoon (2 PM).
Article 36. – Special General Assemblies. – Special Assemblies shall be held upon the requisition by the persons having authority to call Assemblies, as set forth upon the requisition by the persons having authority to call assemblies, as set forth in Article 2 of these REGULATIONS
Article 37. – Functions of the General Assembly. – The Assembly of the Owners’ Association shall have power to decide about all matters pertaining to the Condominium which are not determined by Law No5038 of 1958 or THE REGULATIONS to be the responsibility of the Manager or any other person, officer, or court of law. In addition to the powers indicated in the aforementioned Law No5038 and in other articles hereof, the specific functions of the General Assembly shall include without limitations the following:
1. [To appoint the Manager and the officers of the General Assemblies; to establish their remuneration and other working conditions; to replace them in case of death, resignation, incapacity, disqualification, or bankruptcy; to remove them before the expiration of their term of office without assuring any reason therefore and without appeal, and to appoint substitutes to perform their duties during the remainder of the appropriate period.]
[2Feb2006: To elect the Board of Directors and the officers of the General Assemblies, in case of the absence or incapacity of all the Board members.]
7Oct2006: To elect the officers of the General Assemblies, in case of the absence or incapacity of all the Board members, and the Board of Directors, from the list of candidates nominated at least thirty (30) days previous to the General Assembly.
1a. New 2Feb2006: To elect the Manager of the Condominium from the list of candidates nominated, who can be nominated by any owner, provided they have presented their résumé, to the Chair of the Board of Directors, within sixty (60) days previous to the General Assembly, nominations which should be published in the Condominium website; to establish the remuneration of the Manager and other conditions of work; to replace him in case of death, quitting, incapacity, inability, or failure; to dismiss him before the end of his term, without need of explanation and without recourse, and name a replacement to complete his duties during the rest of said period.
2. To approve the budget of income and expenses, determining the amount that each owner must contribute to the common fees and expenses, in accordance with articles 17 and 18 of these REGULATIONS, and establishing the manner and effecting such payments and the procedures for the collection thereof.
3. To replace, add to or modify THE REGULATIONS, subject to the conditions provided in Article 32 hereof.
4. To verify the sums advanced any way of contribution to the common fees, and to decide about the collection of fees in arrears.
5. To oversee the Manager’s work; to appoint the Chairman and/or Secretary of the Assembly and/or any other person and/or a committee to act specifically as liaison between the Assembly and the Manager and/or to supervise his work; to appoint an authorized public accountant to audit the account books.
Paragraph I: New 2Feb2006: : To the ends established in this last Number, a Board of Directors is hereby created, consisting of a Chair, a Vice-Chair, a Secretary, a Treasurer, a Webmaster, a First Member, and a Second Member. The Directors will be elected by the General Assembly, each for a term of two (2) years, and may be reelected indefinitely. Board Members must be Condominium owners, or, in the case of units registered in corporate names, Presidents of these corporations. Board Members will remain at their duties until replaced by the General Assembly. When for any reason a Board member leaves before the completion of his term, the Board will appoint a replacement to complete it, subject to confirmation by the next Annual General Assembly. The Board of Directors will have the following duties: a) to convoke the General Assemblies and draw up their agendas; b) to submit to the General Assembly a report by the Manager of the suggestions and opinions the Treasurer previously gave him regarding the budget of income and expenses; c) to report to the General Assembly, after consulting with the Manager, about the Condominium’s finances; d) to be vigilant of, and to oversee, the Manager’s performance; and e) to carry out any other work assigned by the General Assembly.
Paragraph II: (Transitional) New 2Feb2006: The modification contained in Paragraph I above will be effective starting at the Annual General Assemblies held in the years two thousand six (2006) and two thousand seven (2007). In the Annual General Assembly in two thousand six (2006), for the first time there will be elected the new Chair, the Webmaster, and the First Member of the Board of Directors for a period of two (2) years, and the current Three-Year At-Large position will be abolished. In the Annual General Assembly of two thousand seven (2007), there will be elected for the first time the new Vice-Chair, Secretary, Treasurer, and Second Member of the Board of Directors for a period of two (2) years.
6. To be informed about the Condominium’s financial statements, resolve whatever is pertinent in connection to the same, and approve or reject the work carried out by the Manager.
7. To authorize the entering into whatever contacts permitted by Law and which the Manager is not empowered to consent without the Assembly’s approval.
8. [To authorize the Manager to bring suits in courts of law.]
2Feb2006: To authorize the Manager to bring court actions. Each action must be individually authorized. the Manager will not require authorization to defend the Condominium from actions brought against it.
9. To authorize the Manager to take a direct or indirect interest in whatever business or deal made with the Condominium, and to examine the special accounts to be rendered by the said officer.
10. To authorize the Manager to negotiate and receive the compensations corresponding to the common things of THE PROPERTY, in the event of expropriation.
Section 2
The Manager
Article 38. – Designation. – Term of Office. The Manager is the representative of the Condominium Owners’ Association. He shall be appointed for a period of one (1) year, by a majority of votes at the Assembly, and may be reelected indefinitely.
Paragraph I. – The Manager shall exercise his functions until replaced, and he may be reelected indefinitely.
Paragraph II. – [The position of Manager may be filled by any person, whether physical or conventional, who may or may not be owner of a unit in the Condominium.]
[2Feb2006: The position of Condominium Manager may be filled by any person, whether physical or conventional, who may or may not be owner of a unit in the Condominium. However, the Resort Manager, the Operator of the Resort of which the Condominium forms a part, or any other person who is a functionary or employee of said Resort or Operator, may not be Manager of the Condominium.]
7Oct2006: The position of Condominium Manager may be filled by any person, whether physical or conventional, who may or may not be owner of a unit in the Condominium, as long as he has previous approval of the Board of Directors. However, the Resort Manager, the Operator of the Resort of which the Condominium forms a part, or any other person who is a functionary or employee of said Resort or Operator, may not be Manager of the Condominium.
Article 39. – Provisional Manager. – As of the date of the registration at the Registry of Titles in the appropriate Department of the Resolution of the Land Court approving THE REGULATIONS, until the first General Assembly takes place, the PARADISE BEACH MANAGEMENT, S.A.corporation is statutorily approved as Provisional Manager.
Paragraph I. – The Provisional Manager shall adopt a provisional operating budget which shall cover the common expenses.
Paragraph II. – No contract entered into by the Provisional Manager shall be binding on the owners, unless it is ratified at the First General Assembly.
Article 40. – Resignation. – [The manager may resign his office at any time, by thirty (30) days advance notice to the Chairman of the General Assembly of the Owner’s Association.]
7Oct2006: The manager may resign his office at any time, by thirty (30) days’ advance notice to the Chair of the Board of Directors. The Board of Directors can temporarily replace the Manager until the next Annual General Assembly.
Article 41. – The Manager’s Remuneration. - The position of Manager shall be remunerated. The General Assembly shall determine the appropriate amount of such remuneration, as well as the reimbursement of the expenses he incurs in executing his functions.
Article 42. – Registers. – [In addition to the books, reports and certificates prescribed by Law and these REGULATIONS, the Manager shall keep the following books or registers:]
2Feb2006: In addition to the books, reports and certificates prescribed by Law and these REGULATIONS, the Manager shall keep the following books or registers, under the supervision of the Secretary and Treasurer:
1. A register of owners, containing the name, surname, real and/or chosen domicile of each owner of the Condominium, as well as the information pertaining to the units belonging to such owners, the number of votes they are entitled to, and their participation in the expenses. This Register shall be available to the owners of the Condominium or their representatives having a written proxy, at the Manager’s office, at hours reasonably fixed by the Manager.
2. A register containing the originals of these REGULATIONS, duly received by the competent authorities, and a certified copy of the resolution of the Land Court which approved the Condominium.
3. A register of the minutes of the General Assembly.
4. The account books and financial statements, including a journal of all income and expenses – set forth in chronological order – as well as a separate accountability for each private unit, stating the amount that each owner must contribute to the common expenses, the maturity dates and the overdue quotas remaining unpaid. These books and statements must be kept for a period of ten years, after which they may be destroyed.
5. A register containing a complete set of duly approved plans of THE PROPERTY, and any alterations thereto.
Paragraph: All owners requesting access to copies of the minutes or registers kept in the Manger’s custody must bear the corresponding expenditures, including photocopies, telephone or telefax expenses, additional salaries or fees incurred, etc.
Article 43. – The Manager’s Functions and Obligations. – [In addition to the functions and obligations provided by Law No5038 of 1958 or in other articles of these REGULATIONS, the Manger shall have the following and obligations:]
2Feb2006: : In addition to the functions and obligations provided by Law No. 5038 of 1958 or in other articles of these REGULATIONS, the Manager shall have the following functions and obligations, under the supervision of, and in consultation with, the Board of Directors:
1. To abide by and enforce the provisions contained in Law No5038 of 1958, in these REGULATIONS and its modifications, and in the resolutions of the General Assembly of the Owners’ Association.
2. To attend to everything pertaining to the good government, administration, surveillance and conservation of THE PROPERTY, and, in general, to take care of everything related to the maintenance, cleaning, reparation, and administration of the common things, elements and services, and also, in case of emergency, to undertake – or cause to be undertaken – all work deemed necessary for the safeguard of the private and the common things of THE PROPERTY.
3. To represent the Owners’ Association in all acts, as well as in all legal actions and proceedings, whether as plaintiff or as defendant, and even against the individual owners themselves; also, to represent the Association before authorities and third parties. The Manager must be previously authorized by the General Assembly, in order to bring suits.
4. To direct the Condominium’s financial affairs and to keep the necessary accounting books, with annotations of all entries of income and expenses.