P.R. Laws tit. 31, § 1293b-3

2019-02-20 00:00:00+00
§ 1293b-3. Condominium Association—Decisions, rules; quorum; notice to absentees

The agreements of the Condominium Association shall be subject to the following norms:

(a) Except for the provisions set forth for meetings convened pursuant to subsection (d)(2) of § 1293b of this title, regarding urgent works, quorum for Condominium Association assembly meetings shall be comprised by one third (1 / 3) of the unit owners that attend personally or by representation, or one third (1 / 3) of the unit owners that attend, who in turn comprise one third (1 / 3) of the participations in the common elements, depending upon the definition of majority set forth by the regulations.

(b) When quorum is not met due to lack of attendance of unit owners on the date of the convocation in a meeting to make an agreement, a new convocation shall be issued containing the same requirements as the first. However, the assembly cannot be held before twenty-four (24) hours have elapsed from the date of the meeting of the first convocation. At such a meeting, those who attend shall constitute quorum.

(c) In meetings held on second convocation, the majority required by Regulations for the approval of agreements shall be calculated considering the number of unit owners present or represented at the time of approval of the agreement as one hundred percent (100%).

(d) When all unit owners present in a meeting held for the approval of an agreement requiring unanimity approve said agreement, those duly summoned unit owners who did not attend shall be notified by reliable and detailed means of the approved agreement, and if, within thirty (30) days from the date of said notification, said unit owners do not state their discrepancies in the same manner, they shall be legally bound by the agreement, which shall not be executable until such a term elapses, unless they state their acceptance within a shorter term.

Opposition to an agreement requiring unanimity shall be specifically sustained in the assembly or in writing, as set forth in the foregoing paragraph, and shall not be brought forth upon a whim or the mere invocation of the property rights. Unfounded oppositions shall not be considered.

Once an agreement to incur a certain expense or perform a certain work or project requiring the unanimous vote of the unit owners is reached, the details or ancillary measures for the execution and finalization of said work or project shall not be subject to the approval of all the unit owners, sufficing for same, in the case of requiring a consultation of the Association, the obtainment of approval by majority vote.

(e) When in a meeting convened to amend the regulations, or to adopt any other measure requiring the vote of two thirds (2 / 3) of the unit owners, the obtainment of approval from said two thirds (2 / 3) is not possible, those unit owners who did not attend shall be notified by reliable and detailed means of the agreement approved by the majority in attendance, and shall be granted thirty (30) days from the date of said notification to state their agreement or disagreement with the approved agreement in the same manner. Discrepancies with the measures or amendments proposed in the assembly shall not be based upon a whim or the mere exercise of the property rights. Unfounded oppositions shall not be considered. It is hereby set forth that the votes of unit owners who do not state their discrepancies in the manner set forth and within the term granted herein shall be considered to be in favor of the agreement. Said agreement shall be executable as soon as the approval of two thirds (2 / 3) of the unit owners is obtained.

(f) The agreements of the Condominium Association shall be recorded in the minutes. The minutes shall necessarily include the location, date and time of the meeting, the matters proposed, the number of attending unit owners, stating their names and the participation percentages represented by same, the manner in which the meeting was convened, the text of the adopted resolutions, the votes in favor and against, and the explanations of the votes or statements which any unit owner may wish to state for the record.

(g) The President and the Secretary shall sign the minutes at the end of their text.

History —June 25, 1958, No. 104, p. 243, added as § 38-C on June 4, 1976, No. 157, p. 461, § 8; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 28, eff. 90 days after Apr. 5, 2003.