In condominiums in which a Director or a Board of Directors cannot be elected for lack of persons able or willing to assume said positions, any unit owner may resort to the forum with jurisdiction to request the designation of a trustee to perform the duties of the Director or the Condominium Association. In the case of a condominium in which a unit intended for residential use does not exist, the court, or the Secretary of the Department of Consumer Affairs, upon designating a trustee, shall set forth the fees to be paid to the same, considering the type of condominium and the complexity of the directing tasks to be performed, and shall issue those orders necessary for the guarantee of the prompt election of a Director or Board of Directors. The trustee’s fees shall be incorporated into the common expenses budget, and shall be defrayed by the unit owners as part of their maintenance fees. The term of the designation of the trustee shall be six (6) months. The Secretary of the Department of Consumer Affairs, or the Court, may relieve the Trustee of his/her duties at the request of any unit owner, or for just cause.
Culpable negligence in the performance of duties, dishonesty, or the breaching the codes of good conduct, among others, set forth in the Regulations of the condominium shall be understood as just cause.
The trustee shall render quarterly reports of his/her efforts to the unit owners, with copies thereof sent to the court or the Secretary of the Department of Consumer Affairs, as the case may be. Unless the forum with jurisdiction so authorizes, the trustee shall not also be an administrator.
History —June 25, 1958, No. 104, p. 243, added as § 38-G on Apr. 5, 2003, No. 103, § 31, eff. 90 days after Apr. 5, 2003.