P.R. Laws tit. 31, § 1291i
The common elements of the property are the following:
(a) The following are considered to be general and necessary common elements, not susceptible to individual ownership by the owners, and subject to a regime of undivided interest:
(1) The projection, understood as the right to build upwards. Except as provided in § 1291 l -1 of this title, the enclosure or roofing of patios, terraces or open areas, as well as the construction of new stories above the roof and above or below the ground that are not contemplated in the plans submitted with the deed constituting the regime, shall require the unanimous consent of the owners, provided that this requirement shall not apply to the enclosure or roofing of patios, terraces or open areas located on the ground or lower story (ground level) of the property, intended for the exclusive use of certain apartments that were constituted in the regime before April 5, 2003.
(2) The foundations, main, and bearing walls, roofs, hallways, stairways, and entrance and exit, or communication passageways.
(3) Locations for the installation of central utilities, such as electric power, lighting, gas, hot and cold water, refrigeration, cisterns, water tanks and pumps, and similar others indispensable for the adequate enjoyment of the units, minding that these elements shall not be located within private apartments or locations.
(4) Elevators, when needed for the adequate enjoyment of the units.
(5) Green areas and trees required by the instrumentalities or dependencies of the Commonwealth of Puerto Rico.
(6) The area designated for the placement of solid waste recycling containers; provided that the placement of containers for recyclable materials shall be mandatory in all condominiums, unless there is no space available to be devoted to an area for the placement of recycling containers, in which case the Apartment Owners” Association, the Board of Directors or the Administrative Agent, shall notify this fact to the Secretary of the Department of Consumer Affairs, in writing, by personal delivery, certified mail or electronic mail. The Secretary may investigate, at his/her discretion, the accuracy of the information provided and if in his/her judgment it is not justified, he/she may require compliance with the provisions of this paragraph. If the affected party does not agree with a decision of the Secretary of the Department of Consumer Affairs enforcing compliance with the provisions of this chapter, such party may request an Administrative Hearing pursuant to the Uniform Administrative Procedures Act.
(7) Any other element that is indispensable for the adequate enjoyment of the units.
Any agreement that transfers ownership, possession, or control of the aforementioned elements to another natural or legal person different from the Apartment Owner’s Association shall be null and void.
(b) The following shall be deemed to be general common elements, except as otherwise provided or stipulated:
(1) The land, basements, roofs, patios, and gardens.
(2) Locations designated for the sheltering of porters or guardians.
(3) Areas designated as parking spaces.
(4) Recreational areas that exceed the requirements set forth by urban regulations, or authorities with jurisdiction.
Adjudication of the aforementioned common areas or elements shall require having been set forth in the construction title of the horizontal property regime, or if the conversion and transfer takes place after the construction of the property, the unanimous consent of the owners shall be required. The transfer shall be inscribed in the Registry of the Property, stating the new participation percentages for each of the benefited units.
Even when the foregoing areas under this subsection are susceptible to independent use, they may not be constituted or allocated as private areas, unless it is done for the benefit of the Apartment Owner’s Association, or of one or several condominium apartment owners. The parking areas in exclusively residential condominiums shall constitute a common, general, or limited element, or as a private area whose spaces and ownership shall be attributed to the apartment owners.
With the exception of exclusively commercial or professional condominiums, ownership of individual parking spaces that constitute independent property shall not be taken into account in the determination of quorum or majority based on the number of owners, although the participation percentage corresponding to such spaces in the common elements may be calculated when the regulations includes such participation in its definition of majority. When the area designated as parking space has been totally configured as independent property, its owner shall be entitled to one vote, as if it were an apartment unit.
History —June 25, 1958, No. 104, p. 243, § 11; June 4, 1976, No. 157, p. 461, § 1; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43; Apr. 5, 2003, No. 103, § 5; Aug. 15, 2008, No. 281, § 2; § 1, eff. 180 days after May 12, 2011; May 21, 2011, No. 76, § 1.