P.R. Laws tit. 31, § 1296c

2019-02-20 00:00:00+00
§ 1296c. Division and grouping

(a) The property rights over lodging units and residential units shall not be subject to division by means of segregation to constitute other property rights, nor may these rights be grouped or consolidated with others, except as otherwise provided in the master deed. Lodging units and residential units shall not be subject to material division by segregation to form other lodging units or residential units, or be extended by grouping adjacent lodging units or residential units or portions thereof, without first amending the master deed by the affirmative vote of the administrator and the affirmative vote of the owners of the real property in such number or proportion as provided in the master deed. Every case of division or segregation of the lodging or residential units shall require the authorization of the Regulations and Permits Administration. The new description of the affected units, as well as the corresponding percentages, shall be consigned in the public segregation or grouping deed executed, which shall have no effect until it is recorded in the Property Registry together with the master deed. The plan shall be attached to each one of said copies, which plan shall clearly indicate, in a graphic manner, the specifics of the units as modified. In the event of segregation, said plan shall be approved by the Regulations and Permits Administration.

(b) Property rights over commercial units shall not be subject to division by means of segregation to constitute other property rights, nor may these rights be grouped or consolidated with others, except as otherwise provided in the master deed. Commercial units shall not be subject to material division by segregation to form other commercial units, or be extended by grouping adjacent commercial units or portions thereof, without first amending the master deed by the affirmative vote of the administrator and the affirmative vote of the owners of the commercial units in such number or proportion as provided in the master deed. Every case of division or segregation of the commercial units shall require the authorization of the Regulations and Permits Administration. The new description of the affected commercial units, as well as the corresponding percentages, shall be consigned in the public segregation or grouping deed executed, which shall have no effect until it is recorded in the Property Registry together with the master deed. The plan shall be attached to each one of said copies, so as to clearly indicate in a graphic manner the specifics of the commercial units as modified. In the event of segregation, said plan shall be approved by the Regulations and Permits Administration.

(c) The common elements and common property constitute an undivided interest and shall not be subject to partition within the community assets. Any agreement providing otherwise shall be null.

History —Aug. 12, 2008, No. 249, § 4.104; Dec. 16, 2009, No. 178, § 5; June 24, 2010, No. 67, § 5.