P.R. Laws tit. 31, § 1293a-1

2019-02-20 00:00:00+00
§ 1293a-1. Regulations for mixed use

When a building that contains, or shall contain, units that are intended for residential use along with units that are not intended for residential use is submitted to the horizontal property regime, the regulations shall provide whatsoever is required to avoid restricting the unit owners’ rightful use and enjoyment of the common elements, as well as to forestall the imposition of an undue financial burden for the expenses of the common elements. With this objective in mind, the following matters shall be addressed:

(1) The inclusion of at least one (1) director in the Board of Directors who is the owner of a housing unit that is not intended for residential use.

(2) The minimum provisions to ensure that the users of the nonresidential area shall have access to the same during working hours, according to the intended use of the unit or area.

(3) All those measures and restrictions required to guarantee peace and quiet for the occupants of residential units, especially after working hours.

(4) Provisions pertaining to the insurance, use, and maintenance of the commercial areas and facilities, to protect the investment of the unit owners, without restricting the right or encumber the obligations of the residential units.

(5) It shall be understood that the rate for the electric power service consumed by those customers who represent owner or tenant boards, councils or associations in structures constituted under Act No. 103 of April 5, 2003, known as the “Condominiums Act”, shall be the residential rate and not the commercial rate. Said conversion shall be applied exclusively to those bills on electric power service consumption of the common elements of the real property used solely to promote the residential use of the structure.

Those structures built under the “Condominiums Act” that have both residential and commercial uses therein shall be able to avail themselves of the rate adjustment provided in this subsection, provided that the electric power service consumption of the common elements exclusively used for residential purposes have a service connection and a meter that are independent from those used for commercial purposes.

History —June 25, 1958, No. 104, p. 243, added as § 37-A on Apr. 5, 2003, No. 103, § 24; Aug. 7, 2008, No. 199, § 1.