P.R. Laws tit. 31, § 1291k

2019-02-20 00:00:00+00
§ 1291k. Indivisibility of common elements

The common, general, and limited elements shall be kept in compulsory indivisibility and shall not be subject to an action of community division. Any agreement to the contrary shall be null and void.

The Board of Directors shall handle the necessary procedures for the most appropriate and efficient operations and management of the equipment or general common elements, following the guidelines set forth and the budget approved by the Apartment Owner’s Association. Matters pertaining to the limited common elements shall be under the management of the owners of the apartments to whom the same were allocated. If the benefited owners do not perform the maintenance works of their respective limited common limited elements, and so cause harm to the building or to the other owners, the Board of Directors may perform said works at the expense of the owners to whom the referenced elements were allocated.

All owners are duty bound to allow passage through the limited common elements enjoyed by their apartments when necessary for the performance of maintenance works or improvements of equipment, or of their respective limited common elements. Access shall be coordinated with the pertinent owner, making sure that enjoyment of the apartment is obstructed as little as possible.

The Apartment Owner’s Association may allow, by means of majority vote, the existence or installation of iron grillwork placed in common areas by one or several owners, if so warranted for more security for their respective units, if by so doing the enjoyment or safety of other apartments is not affected, and access to other common areas is not obstructed.

History —June 25, 1958, No. 104, p. 243, § 13; Apr. 5, 2003, No. 103, § 7, eff. 90 days after Apr. 5, 2003.