Community Bylaws
Chapter I: General Provisions, Scope of Application, and Definitions
1. Name
4. Definitions
5. Purpose
6. Subject to Condominium Rules
Chapter II: Description of the Condominium
10. Common Property
11. Neighborhoods
12. Common Areas and Property for General Use
13. [Work/Repair in Common Areas]
15. Educational, Commercial, and Tourist Areas
16. Rights of Way
Chapter III: Regulations and Provisions Regarding the Common Areas and Property of the Condominium
17. Relationship Between Private Property and Common Property
18. Use and Enjoyment of Common Property
19. Improvements of Common Property and Maintenance Work
20. Use and Enjoyment of Common Property
22. Regarding Regulations for Common Areas for General Use
23. Regarding Regulations for Restricted-use Common Areas
24. Restricted Areas and Property
25. Additional Regulations for Common Areas and Property
Chapter IV: [Omitted in Source Document]
Chapter V: Rights and Obligations of Owners
26. The Owners
28. Co-ownership of Common Property
29. Duty to Communicate the Transfer of a Subsidiary
30. Services in the Subsidiary
31. Repairs
32. No Disturbance
33. Obligation to Contribute to Common Expenses
34. Duty to Allow Work on the Subsidiary Property
35. Compliance with Rules
36. Damage to Common Areas and Property
37. Duty to Comply with the Obligations of the Law
38. General Rights and Obligations
39. Prohibited Substances and Materials
40. Obligations of Condominium Owners for the Conservation of the Environment
41. Regulations for Lower Energy Consumption
42. Use of Solar Panels
43. Other Energy Efficiency and Resilience Measures
44. Water Conservation
45. Wastewater Treatment
46. Recycling
47. Composting
48. Waste
49. Garbage or Solid Waste Collectors
50. Conservation of Reserve Areas
51. [Assembly and Administration Environmental Committees]
52. Traffic
53. Vehicle Insurance
54. Golf Carts, ATVs, and Similar Vehicles
55. Electric Vehicles
56. Common Parking Spaces or Parking Lots
57. Leases
58. Moving
59. Pets
Chapter VI: Building Regulations
60. Urban Planning Regulations
61. Nature of the Lots
62. Rules for Consolidating and Dividing Affiliated Properties
63. Rules for the Constitution of Individual Condominiums or Sub-condominiums
64. Minimum Frontage
65. Density
66. Lot Area and Coverage
67. Heights
68. Setbacks
69. Perimeter Divisions
70. Eaves
71. Unbuilt Subdivisions
72. Facades
73. Roofs
74. Windows
75. Glass
76. Bars
77. Garages
78. Auxiliary Structures
79. Access
80. Electromechanical Equipment
81. Wastewater
82. Retaining Walls
83. Water Rates During the Construction Process
84. Construction Hours
85. Requirements for Applying for a Building Permit
86. Application Procedure
87. Approval or Rejection of the Project
88. Failure of the Commission to Issue a Ruling
89. Requirements for the Plans to Be Submitted with the Permit Application
90. Plans Approved by the Institutions
91. Start of Construction
92. Obligations of the Owners During the Construction Process
93. Earthworks
94. Construction, Modifications, and Repairs
95. Obligations of Construction Companies
96. No Liability
97. General
98. Green Areas
99. Trees
Chapter VII: Security
100. Security
101. Control of Access to the Condominium, Neighborhoods, and Residential Sub-condominiums
102. Possibility of Implementing Other Security Regulations
Chapter VIII: Prohibitions
103. Prohibitions
Chapter IX: Governing and Administrative Bodies
104. Governing and Administrative Bodies
105. The Assembly of Condominium Owners
106. Types of Meetings
107. Representation at Meetings
108. Voting
109. Place and Form of Meetings of the Assembly
110. Convening of the Meeting
111. Agenda
112. Attendance
113. Quorum
114. Approval of Resolutions
115. Minutes of the Meeting
116. Powers of the Assembly
117. Administration
118. Term of Appointment and Removal
119. Resignation
120. Remuneration
121. Powers of the Administrator
122. Obligations of the Administrator
123. Joint and Several Liability of the Administrator for Irregularities
124. Bank Account
125. The Condominium Owners’ Meeting
126. Composition
127. Appointment
128. Members of the Condominium Owners’ Association
129. Functions of the Condominium Board
130. Board Meetings
131. Decision-making
132. Absences
133. The Construction Commission and Its Powers
134. Composition of the Construction Committee
135. Functions of the Construction Commission
136. Neighborhood Committees
137. Neighborhood Meetings
138. Condominium Budget
139. Powers
140. Decisions
141. Additional Agreements
Chapter X: Financial Provisions of the Condominium
142. Condominium Bank Account
143. Legal Reserve Fund
144. Maintenance Fees
Chapter XI: Procedure, Fines, Penalties, and Dispute Resolution
145. Offenses
146. Procedure
147. Violations due to Construction
148. Eviction and Removal
149. Power to Request the Imposition of Fines
150. Suspension of Services for Late Payment of Fees
151. Resolution of Conflicts and/or Disputes
Chapter XII: Miscellaneous
152. Assignment of Subsidiary Properties to the Condominium Property Regime
153. Interpretation of the Regulations
154. Termination of the Condominium Ownership Regime
155. Validity and Amendment of the Regulations
1. Name
-
Editorial summary — not an official interpretation.
This article establishes the condominium’s formal name and identifies CONDOMINIO LA ECOVILLA SAN MATEO as the name it may use for commercial purposes.
One. Name.
The Condominium is called "MODIFICATION ZERO ONE OF HORIZONTAL RESIDENTIAL - COMMERCIAL - TOURIST - EDUCATIONAL CONDOMINIUM OF INDIVIDUALIZED PRIMARY SUBSIDIARY PROPERTIES ECOVILLA SAN MATEO INDIVIDUALIZED PRIMARIES, which for commercial purposes may be identified as CONDOMINIO LA ECOVILLA SAN MATEO.
2. Scope of Application
-
Editorial summary — not an official interpretation.
These regulations apply broadly to owners, tenants, residents, visitors, workers, suppliers, and anyone entering the condominium. Owners must communicate the applicable rules when transferring, renting, or granting use of their property, and related contracts must require compliance.
The article addresses the relationship between the main condominium and sub-condominiums. It prohibits creating sub-condominiums in residential areas and provides special treatment for specified mixed-use properties: 1, 2, 3, and G701–G706.
Text requiring clarification: Although the article prohibits residential sub-condominiums, it also refers to residential sub-condominiums that may be established in the future. It contains both general requirements for consistency with these regulations and specific exceptions for the listed properties. These provisions should be read together without treating this summary as resolving their scope.
Two. Scope of Application.
These Regulations govern relations within the Condominium and, except as otherwise provided herein, shall be binding on all owners, co-owners, holders of real rights, lessees, sublessees, residents, visitors, employees, suppliers, and in general any person who enters the condominium, as well as any residential sub-condominiums that may be formed, who must comply with these regulations.
Likewise, the owner who acquires, rents, lends, or grants the use and enjoyment of any subsidiary property acknowledges and accepts these regulations, their modifications, whether registered or not, and the condominium regulations in force.
They shall also be obliged to state in each rental, use, or enjoyment contract, or any other contract related to a subsidiary of the condominium, the obligation to comply with the provisions of LAW seven thousand nine hundred and thirty-three, its regulations, these regulations, any amendments thereto, and the agreements and/or regulations issued by the Assembly and/or the Condominium Administration and/or the Condominium.
Any agreement, contract, or regulation that contravenes the provisions of these regulations shall be considered null and void, making it clear that the regulations or provisions issued by the Assembly or the Administration in the exercise of their powers and intended to supplement and clarify these regulations shall not be considered contrary to them.
These regulations govern, among other things, the formation and administration of the Condominium, the relations between Condominium Owners, their rights and obligations, as well as their relations with the Condominium's governing bodies and with third parties, the relationship between the Administration and other Condominium bodies, as well as with any person who enters the Condominium under any circumstances.
The Condominium is designed so that independent condominiums or sub-condominiums may be built in the tourist, commercial, and educational areas of the subsidiary properties without losing their nature as subsidiary properties of the Condominium.
The creation of sub-condominiums in residential areas is not permitted.
The regulations of each of the residential sub-condominiums that may be established in the subsidiary properties in the future, except as provided in these regulations, shall be in harmony and uniformity with these regulations, which, except as provided herein, shall be applicable and generally binding within the Condominium and the residential sub-condominiums, and their provisions shall prevail, with the exception of subsidiaries that are not for residential use, in which case any regulations established for the sub-condominium shall have their own regulations specific to their activity, whether commercial, educational, or mixed.
It is hereby established that due to their location, configuration, and conceptualization, as well as the conceptualization of the Condominium, the first individualized subsidiary properties numbered one, two, three, G seven hundred and one, G seven hundred and two, G seven hundred three, G seven hundred four, G seven hundred five, and G seven hundred six inclusive, may constitute sub- condominiums, and the sub-condominiums that may be established therein shall not be subject to these regulations, but rather they shall comply with current national regulations and their bylaws may contain rules that differ from this document in order to regulate the sub-condominium internally and relations with its co-owners.
3. Interpretation
-
Editorial summary — not an official interpretation.
This article assigns the Owners’ Assembly responsibility for clarifying confusion about the meaning or scope of the regulations, with its decisions binding on owners, residents, and third parties entering the condominium.
It also addresses amendments to national condominium laws. The wording states that higher-ranking legislation prevails over these regulations where its application benefits the condominium, particularly by facilitating agreements. This summary describes the supplied wording without determining how that condition operates legally.
Three. Interpretation.
If there is any confusion regarding any of the articles of these regulations and their scope, the Owners' Assembly shall be responsible for providing the corresponding interpretation and/or clarification, and its decision shall be valid and binding on all condominium owners, residents, or third parties entering the condominium.
Similarly, it is understood that in the event of any amendment to the national laws governing condominiums, these shall, by virtue of their higher rank, be binding on the condominium and shall prevail over these Regulations insofar as they benefit the condominium, such that if there is a variation between the provisions of these Regulations and the new legislation, the provisions of the enacted and current Laws shall prevail if their application is more beneficial to the interests of the condominium, especially if it facilitates the reaching of agreements within the Condominium.
4. Definitions
-
Plain-language summary — editorial guidance, not an official interpretation
This article defines the terms used throughout the bylaws, including owners, residents, visitors, private property, common property, restricted-use areas, the Administrator, the Assembly, the Construction Committee, maintenance fees, and voting terminology.
The definitions also describe the project’s ecological concept, identify the six neighborhoods, distinguish residential and mixed-use properties, and explain certain exceptions for specified properties. These definitions should be read alongside the articles governing each subject.
Text requiring clarification: The supplied English text uses similar or identical names for the Owners’ Assembly and a representative body whose description appears to concern the Board. It also uses several terms for subsidiary properties. This summary does not resolve those terminology differences.
Four. Definitions.
For the application and interpretation of these Regulations, the terms listed below shall have the following meanings:
ADMINISTRATOR: Refers to the natural or legal person appointed by the Condominium Owners' Meeting as Administrator of the Condominium, who shall enjoy the powers and authority granted by these Regulations, the Law, and the deed of assignment to the condominium property regime.
COMMON AREAS AND/OR PROPERTY: These are areas and/or property intended for common (general) or restricted use and enjoyment, including but not limited to those described as such in the site design plans, the deed of incorporation of the condominium, the Law Regulating Condominium Property, its Regulations, these Regulations, and those that by their nature have such status because they are necessary for the condominium.
They are indivisible assets for general or restricted use, whether built or not, that belong to all the owners of the condominium, who shall have a right to them proportional to the percentage that the area designated for their subsidiary property within the condominium represents.
However, no owner may be restricted in the rational use and enjoyment of common property, nor may they claim to have a greater right to the enjoyment of such property because their percentage therein exceeds that of other owners, nor may they waive their right thereto.
Similarly, easements in favor of government entities or service providers that are necessary for the proper functioning of the condominium, and its subsidiaries shall be considered common property.
COMMON AREAS AND/OR PROPERTY WITH RESTRICTED USE: These are areas and/or property identified as such in the deed of incorporation, the regulations, and the assembly agreements, which, depending on the case, shall be duly delimited by the developer and/or the administrator and which, due to their nature, have restrictions on their use or purpose, all in accordance with the provisions of the condominium deed, the regulations, and/or the Condominium Owners' Meeting.
It is understood that the owners who are assigned a common area of restricted use for their exclusive use will be responsible for maintaining said area, for which they may implement landscaping designs, as well as irrigation systems, always within the parameters defined by these regulations, the construction regulations, and the guidelines issued by the Administration and the Design and Construction Committee.
Similarly, the stream protection areas of subsidiary properties two and three, identified on the plans, are considered restricted use areas and shall be for the exclusive use of the subsidiaries adjacent to those areas.
The use of these areas by other subsidiaries, owners, or residents is not permitted.
LESSEE: Natural or legal person who lease a subsidiary of the Condominium according to its nature.
OWNERS' ASSEMBLY: Hereinafter referred to as the "Assembly." It may also be referred to as the Condominium Owners' Assembly and constitutes the supreme body of the Condominium. It is made up of the condominium owners or their representatives legally gathered in Assembly in accordance with the provisions of the LAW.
PRIVATE or EXCLUSIVE PROPERTY: The subsidiaries and their accessories, as well as any other property that, according to the LAW, these Regulations, or the deed of assignment to the Law Regulating Condominium Property, is granted such status, constitute the private property of the condominium.
CONSTRUCTION COMMITTEE: Also known as the "Building Committee."
A technical body appointed by the Owners' Meeting that is responsible for interpreting the Building Regulations and, in general, for all matters relating to urban planning, architecture, and construction issues affecting the condominium owners and the condominium itself.
It analyzes construction proposals submitted by the condominium owners and recommends to the Advisory Committee proposals for sanctions in the event of non- compliance with condominium and condominium construction issues, with the functions determined by these regulations and the Owners' Assembly. Ensures the harmony and architectural uniformity established by the project developer.
Defines, at its discretion, the acceptance or rejection of architectural and construction proposals submitted by the condominium owners when they differ from those stipulated in the Building Regulations. The foregoing does not create any right or precedent for the acceptance of all proposals that do not comply with the aforementioned Regulations.
PROJECT CONCEPT: This refers to the architectural concept that the Development Company has defined for the Condominium and which, in general terms, consists of the following: This is a residential, commercial, and educational tourist condominium of individualized primary subsidiary properties, developed under a low-density concept in harmony with nature, using regenerative practices, seeking self-sustainability, efficiency, and recycling, and ensuring the lowest possible impact on its development and the conservation of natural resources.
CONDOMINIUM or MAIN CONDOMINIUM: This is the Condominium "MODIFICATION ZERO ONE OF HORIZONTAL RESIDENTIAL - COMMERCIAL - TOURIST - EDUCATIONAL CONDOMINIUM OF INDIVIDUALIZED PRIMARY SUBSIDIARY PROPERTIES ECOVILLA SAN MATEO, hereby constituted, which is a condominium of individualized primary subsidiary properties, the private area with the corresponding number of subsidiary properties and their respective common areas, where each condominium owner is the exclusive owner of the private area comprising their subsidiary property, including any buildings constructed thereon, and is co-owner of the common areas.
INDEPENDENT CONDOMINIUM or SUB-CONDOMINIUM: This refers to those subsidiary properties that, in accordance with these Regulations and the Law, will in the future be subject to the Condominium Property Regime, thus forming an independent condominium or sub-condominium with its own restricted or unrestricted access, on the understanding that, as it is a condominium of individualized primary subsidiary properties, some of the subsidiary properties of the condominium may in the future constitute independent condominiums.
CONDOMINIUM OWNER OR PROPERTY OWNER: Refers to natural or legal persons, whether or not established in the Condominium, who have title to one or more subsidiary properties of the Condominium.
CONDOMINIUM OR MAINTENANCE FEE: Also called the Ordinary Fee, this is the amount that each condominium owner is required to pay periodically in order to contribute to the payment of Common Expenses, which must be set and approved by the Owners' Assembly according to the budget of expenses.
and maintenance of the Condominium. Owners are required to contribute and pay the maintenance fee on time in accordance with the method established by these regulations and the Assembly for this purpose, with payment to be made monthly, unless otherwise agreed by the Assembly.
Similarly, this fee includes the payment of services provided by each subsidiary, as well as fines and surcharges for violations of these regulations.
EXTRAORDINARY FEE: This is the amount that each condominium owner is required to pay in order to contribute to the payment of extraordinary projects or expenses, as determined by the extraordinary fee or budget approved by the Owners' Assembly.
The Owners are obliged to contribute and pay the extraordinary maintenance fee on time in accordance with the deadline and payment method established by these regulations and the Assembly, given that, due to their condition and location, the first individualized subsidiary properties numbered one, two, three, G seven hundred and one, G seven hundred and two, G seven hundred and three, G seven hundred and four, G seven hundred and five, and G seven hundred and six inclusive, shall not be obliged to pay extraordinary fees, unless they voluntarily agree to participate in them.
DOLLARS: Legal tender of the United States of America.
CONSTITUTIVE DEED: The deed of incorporation of the Condominium.
DEVELOPER: Refers to the company (or companies) ECOVILLA SAN MATEO S.A., with legal identification number three hundred and one thousand eight hundred and forty-four thousand two hundred and sixty-seven, and/or its successors and/or assignees of said status as Developer of the Condominium.
COMMON PARKING SPACES: These are areas located in the common area, for general or restricted use, within the CONDOMINIUM, intended for the parking of vehicles in accordance with the rules of use of these Regulations and as defined by the Assembly of Condominium Owners or the Administration itself in the exercise of its powers, which may also define a fee for their use, the amount of which shall be for the benefit of the condominium. Similarly, additional areas may be set aside in the future for use as common parking, if approved by the Condominium Owners' Meeting.
FACADE: Refers to the elevation or geometry of the Condominium or any of its AFFILIATES, which may be front, side, or rear; or interior when corresponding to internal courtyards.
BRANCH PROPERTY or BRANCH: Refers to the independent private property unit located within the Condominium, clearly defined as such in the deed of assignment to the condominium property regime, which is duly conditioned for autonomous use, for the exclusive use of its owner(s), according to its purpose, and registered in the National Registry under its own independent registration number.
MIXED-USE SUBSIDIARY PROPERTY: Refers to subsidiary properties that, due to their nature, according to construction plans, are intended for commercial, tourist, and educational use or residential use in conjunction with one or more of the above uses, understood as subsidiary properties numbers one, two, three, G seven hundred and one, G seven hundred and two, G seven hundred and three, G seven hundred and four, G seven hundred and five, and G seven hundred and six.
PARENT PROPERTY: Property that gave rise to the Condominium, consisting of all the Subsidiary Properties of the Condominium and their corresponding common areas.
COMMON EXPENSES: All expenses established by LAW and its regulations, these REGULATIONS, or those necessary expenses that must be paid by the owners of the subsidiaries in order to maintain and guarantee the existence, safety, health, conservation, access, aesthetics, recreation, and beautification of the Condominium and its property and common areas, including but not limited to solid waste collection, security or surveillance, water, electricity, maintenance of common areas and property, beautification and improvement of common and recreational areas, their equipment, maintenance of such property, equipment, and accessories.
the payment of administrative expenses and other expenses necessary to ensure the proper and efficient operation, administration, and maintenance of the Condominium, and any other services required by the Condominium, in addition to those indicated by the Condominium Owners' Meeting upon recommendation of the Condominium Administration in compliance with its obligations.
CONDOMINIUM OWNERS' ASSEMBLY: Hereinafter referred to as the "Assembly."
A representative body of the Owners appointed by the Owners' Assembly that is responsible for coordinating requests, special requirements, and issues suggested by the Condominium Owners with the Administrator, so that the latter may take the necessary actions as directed by the Assembly.
To request the Administrator to apply, at his or her discretion, penalties for non-compliance with these Regulations and with the provisions thereof on construction issues in the Condominium, if these affect it positively or negatively from the point of view of architectural harmony.
LAW: The Law Regulating Condominium Property, number seven thousand nine hundred and thirty-three, of October 28, 1999, and its amendments. In addition to other laws and regulations of direct interest to the Condominium, such as the Urban Code, the Building Regulations, and the Regulations to the Condominium Property Law, which is Decree thirty-two thousand three hundred and three of March 2, 2005.
LOT SOLD: Refers to the subsidiary property already transferred by the Development Company to a third party, not including as third parties the trustees or trusts required by the Development Company for the development of the project.
SIMPLE MAJORITY: This refers to a majority that is achieved when, in a vote of the Condominium Owners' Assembly, the affirmative votes of the subsidiaries—weighted by the percentage of value assigned to each in the deed of incorporation—add up to more than fifty percent of the total value of the condominium represented by the subsidiaries that have exercised their right to vote, either in person or by proxy. This definition may change if the LAW modifies the way in which agreements are made at Condominium Owners' Meetings.
NECESSARY IMPROVEMENT: This refers to the actions necessary for the proper maintenance of common areas and property and to prevent their deterioration or destruction, which must be approved by the Meeting by the votes established by LAW or these regulations.
USEFUL IMPROVEMENT: Refers to improvements that focus on improving common property and its use, increasing its value, usefulness, and capacity in order to obtain a benefit for the co-owners and/or the Condominium, which must also be approved by the Assembly by the votes established by LAW or these regulations.
CONDOMINIUM OBLIGATIONS: In these regulations, this refers to the financial obligations that must be assumed by the owners of the subsidiaries by virtue of their status as owners, including but not limited to common expenses, ordinary and extraordinary fees approved by the assembly, the payment of fines, infractions, penalties, interest, taxes, or any financial obligation established by law, these regulations, the Condominium Owners' Meeting of this condominium, and/or the Administration.
SUPPLIER: The individual or legal entity that provides services to the Condominium or its Condominium Owners.
PENALTY SYSTEM: Refers to those articles that are regulated and have some type of penalty, or any other system that establishes penalties issued by the Condominium Owners' Meeting or the Administration itself in the exercise of its powers.
REGULATIONS: Refers to these regulations and any validly approved amendments thereto.
CONDOMINIUM REGULATIONS: Refers to all regulations in force and applicable to the Condominium and any person entering therein; it includes the provisions of the LAW, its regulations, those of these regulations and those issued by the Condominium Owners' Association and the Administration in the exercise of their powers, as well as any other regulations that may apply to the condominium, and that any Owner who sells, leases or transfers the use of their Unit under any title shall be obliged to communicate these regulations to the new owner, so that ignorance of them cannot be claimed.
RESIDENT: Any Owner or Lessee who lives in the Condominium.
SETBACKS: Refers to open, unbuilt spaces between a structure and the boundaries of the unit where said structure is located, with setbacks being front, side, and rear.
SUB-UNIT: The units of a sub- condominium.
WORKERS: Individuals in general who habitually provide personal services to the Condominium Owners, Tenants, Occupants, or Possessors within the Condominium.
HOUSING UNIT: Architectural space developed to meet the needs of a single family unit where there are no physical restrictions on internal and external communication between all habitable and non-habitable spaces. Practical examples of a building constituting a single Housing Unit include: a single electricity meter and a single water meter, a single pedestrian and vehicular access, a main kitchen, and a single service area consisting of a laundry room and a utility room.
NEIGHBORHOOD: Refers to the group of subsidiaries located in the same area, with the condominium consisting of six neighborhoods identified by the following names: Almendro, Bambú, Ceiba, Dalia, Espavel, and Ficus, which may manage their own budget according to their needs, but must always consider the contribution they must make to the Main Condominium.
VISITOR: Person present in the Condominium, under the responsibility of one or more Owners or Tenants.
5. Purpose
-
Editorial summary — not an official interpretation.
This article establishes the condominium’s residential, commercial, tourist, and educational purposes. Each subsidiary property must be used according to its designated nature, construction plans, and these regulations. Uses outside those designations are expressly prohibited.
Five. Purpose.
The purpose of the Condominium is RESIDENTIAL - COMMERCIAL - TOURIST - EDUCATIONAL FOR PRIMARY SUBSIDIARY PROPERTIES. INDIVIDUALIZED, meaning that their subsidiaries will be used according to their nature, construction plans, and these regulations, and it is expressly prohibited for the CONDOMINIUM'S SUBSIDIARIES to be used for purposes other than those indicated.
6. Subject to Condominium Rules
-
Editorial summary — not an official interpretation.
This article authorizes specified mixed-use properties—1, 2, 3, and G701–G706—to form sub-condominiums without prior express approval from the Owners’ Assembly, subject to approval by the competent public institutions and bodies.
It also states that the main condominium’s regulations and approved plans form part of any sub-condominium’s regulations regarding matters such as use, coverage, gardens, infrastructure, development stages, common areas, subsidiary properties, and public-service facilities.
Read this article alongside the exceptions and provisions concerning sub-condominiums in Articles 2 and 63.
Six. Subject to Condominium Rules.
The Condominium is a condominium development of Individualized Primary Subsidiary Properties. The Individualized Primary Subsidiary Properties one, two, three, G seven hundred and one, G seven hundred and two, G seven hundred and three, G seven hundred and four, G seven hundred and five, and G seven hundred and six, for residential, commercial, and tourist use, and subsidiary property G seven hundred and one, for commercial and educational use, may form sub-condominiums, as approved by the State institutions and competent bodies, and their transformation into sub- condominiums is expressly authorized without the need for prior express agreement by the Condominium Owners' Meeting.
These Regulations and the approved plans of the Main Condominium are considered, for all purposes, an integral part of the Regulations of any Sub-condominium in terms of use, coverage, gardens, location of infrastructure, stages of development, location of common areas and subsidiary properties, facilities for public services, and any other information contained therein.
7. Condominium Regulations
-
Editorial summary — not an official interpretation.
This article distinguishes amendments to these regulations from additional rules that complement and clarify them.
It states that amendments require the quorum indicated by law. It also allows the Owners’ Meeting and Administration to issue complementary regulations, which the Meeting may approve or amend by a simple majority. According to this article, those complementary regulations do not require registration in the National Registry and do not constitute amendments to these regulations.
Seven. Condominium Regulations.
The Condominium Regulations may be amended by the quorum indicated by law.
The Owners' Meeting and the Administration may issue other regulations, which may be approved or amended by the Meeting by a simple majority of votes, on the understanding that such regulations do not need to be registered in the National Registry, nor shall they constitute an amendment to these Regulations, but shall complement and clarify them.
8. About the Condominium
-
Editorial summary — not an official interpretation.
This article describes the condominium as containing 291 individualized primary subsidiary properties and identifies their designated uses.
Properties 1, 2, 3, and G702–G706 are designated for residential, commercial, and tourist use. G701 is designated for commercial and educational use. The remaining properties are residential, with a stated commercial-use exception for A157.
Owners hold their private properties exclusively and share rights in common property. A larger ownership share does not restrict another owner’s reasonable use and enjoyment of common property.
Residential properties are limited to single-family residential use, subject to the stated exception for A157. The article also provides for the Assembly to clarify permissible activities, including teleworking.
Source text clarification needed: The stated total of 291 properties does not appear to match the property ranges listed in this article. This summary preserves the stated total without resolving that discrepancy.
Eight. About the Condominium:
The condominium is a residential, commercial, tourist, and educational condominium, consisting of TWO HUNDRED AND NINETY-ONE individualized primary subsidiary properties.
Subsidiaries number one, two, three, G seven hundred and two, G seven hundred and three, G seven hundred and four, G seven hundred and five, and G seven hundred and six are intended for residential use , commercial, and tourist use; G seven hundred and one is for commercial and educational use; and the rest of the properties are for residential use, with the exception of property A one hundred and fifty-seven, which, due to its location, may be used for commercial purposes.
Sub-property number G seven hundred and one is intended for commercial-educational use, as shown on the plans.
Sub-properties numbered A one hundred and one to A one hundred and fifty-eight inclusive, numbered B two hundred and one to B two hundred and fifty inclusive, number C three hundred and one to C three hundred and forty-nine inclusive, number D four hundred and one to D four hundred and thirty-nine inclusive, number E five hundred and one to E five hundred and forty-six inclusive, and number F six hundred and one to F six hundred and forty-two inclusive are intended for residential use, as shown in the construction plans.
All the Subdivisions that belong exclusively to the respective owner; as well as the common property and areas that are owned by all the condominiums as prescribed by law, the common areas being those described as such in the deed of incorporation, as well as the elements defined by the Law Regulating Condominium Property and those that by their very nature or purpose have the status of common property, over which the owner of each Branch shall have rights proportional to the percentage represented by the area allocated to their Branch within the condominium, without any owner being restricted in the rational use and enjoyment of such property.
Residential Subdivisions that belong exclusively to the respective owner may not have a use or carry out an activity other than single-family residential, except for Subdivision A one hundred and fifty-seven, which, due to its location, may carry out commercial activity, and therefore under no circumstances may they carry out commercial activity of any kind, or any activity other than residential.
The Assembly shall reach more specific agreements in cases of permissible activities for which further clarification is required, such as teleworking, among others.
9. Private Property
-
Editorial summary — not an official interpretation.
This article defines private property as property reserved for its owners’ exclusive use, including subsidiary properties and their accessories. It also includes spaces necessary for use that are not designated as common property by the applicable law, regulations, condominium deed, or Assembly agreements.
Nine. Private Property:
Private property is that which is for the exclusive use of its owners, such as SUBSIDIARIES and their accessories, as well as the spaces necessary for use that are not identified by the LAW, the REGULATIONS to the LAW, the REGULATIONS, the deed of assignment to the condominium property regime, or Assembly Agreements as Common Property.
10. Common Property
-
Editorial summary — not an official interpretation.
Lists examples of common property, including shared infrastructure, service networks, equipment, wells, and areas designated for common use. Work in common areas requires prior express written Administration authorization; insurance may also be required.
Ten.
Common Property: In addition to what is established by the Law and its Regulations, without this being an exhaustive list, the following are considered common property:
a) The land on which the condominium is located.
b ) The foundations, load-bearing walls and party walls, roofs, galleries, lobbies, and stairways, as well as access, exit, and internal circulation routes, mezzanines, roofs, and eaves of the building.
c ) The spaces assigned to the personnel responsible for the administration, maintenance, or security of the CONDOMINIUM.
d) The areas and facilities for central services such as electricity, lighting, telephony, gas, water, refrigeration, tanks of all kinds, water pumps, wells, water treatment plants, and others.
e) The equipment acquired by the condominium for the improvement, maintenance, and conservation of its common and recreational areas.
f ) Pipes, ducts, or conduits for the goods and/or services enjoyed by the condominium owners, such as air conditioning, air and/or moisture extraction ducts, garbage ducts, water pipes, electrical, mechanical, communication, and/or any other type of networks that are required for the proper functioning of the CONDOMINIUM.
g) Existing wells or those that may come into existence, as well as their equipment, recreational areas, areas intended for common use or to provide services to the condominium, their accessories and furniture, as well as any property or service of the condominium, except for wells existing in private areas, which shall be for the exclusive use of the owner of the respective unit.
h) All those that may be for common or restricted common use, as well as all those goods and/or services intended for common use and well-being, and in general the areas identified as such in the construction plans and in the deed of incorporation of the Condominium, the property acquired by the Condominium or the Administration for the use or enjoyment of the majority of the condominium owners, in addition to those established by law. Likewise, and in accordance with the Law, common property shall be those items that the Condominium Owners' Meeting classifies as such, even if they are not so by their nature, or those that correspond to principles of necessity, safety, health, access, decoration, and conservation of the CONDOMINIUM, whose operation is authorized with the approval of these Regulations. All work to be carried out in the common areas of the CONDOMINIUM must have the prior, express, and written authorization of the CONDOMINIUM Administration, and must comply in full with the guidelines of the latter and these Regulations, as well as any other applicable provisions in the CONDOMINIUM. If required by the nature of the work to be carried out, it must also have an insurance policy that guarantees or covers any damage and/or harm that may arise from the work to be carried out, all to the satisfaction of the Administration.
11. Neighborhoods
-
Editorial summary — not an official interpretation.
Defines the six residential neighborhoods and their property ranges: Almendro A101–A158, Bambú B201–B250, Ceiba C301–C349, Dalia D401–D439, Espavel E501–E546, and Ficus F601–F642.
Eleven.
Neighborhoods: As indicated in the definitions section, in order to achieve greater efficiency and involvement of the owners in the development and maintenance of the Condominium, the residential branches that comprise it have been divided into six neighborhoods, which are as follows: - Almendro: comprising branches A one hundred and one to A one hundred and fifty-eight inclusive; - Bambú: comprising branches B two hundred and one to B two hundred and fifty inclusive; - Ceiba: comprising branches C three hundred and one to C three hundred and forty-nine inclusive; - Dalia: comprising branches D four hundred and one to D four hundred and thirty-nine inclusive; - Espavel: comprising branches E five hundred and one to E five hundred and forty-six inclusive; and - Ficus: comprising branches F six hundred and one to F six hundred and forty-two inclusive.
12. Common areas and property for general use
-
Editorial summary — not an official interpretation.
Identifies common property for general use, including mobility infrastructure, recreational facilities, Machuca River Park, village-center green areas, and other designated shared assets. Use remains subject to applicable condominium regulations.
Twelve.
Common areas and property for general use: It is hereby established that the common areas of this Condominium, which are not for restricted use, shall be considered common areas for each and every one of the condominium owners and any sub-condominiums that may be established in the Condominium, and therefore may be used by the residents of the Condominium, who in their use must comply with these Regulations and the other regulations in force in this condominium, including but not limited to those issued by the Administration. In addition to the above, and as established by the Law and its Regulations, without this being an exhaustive list, the following are considered common property for general use:
a ) Equipment acquired by the condominium for the improvement, maintenance, and conservation of its common and recreational areas, the Club House areas, gym, jacuzzi, terraces, tennis courts, co-working space, and others that may be for common or restricted use, as well as all vehicular and pedestrian accesses, pedestrian paths, vehicular and pedestrian bridges, parking spaces for cars and bicycles, and any other infrastructure necessary for mobility.
b) The Machuca River Park, which includes sports facilities, permaculture spaces, forests, trails, lakes, the river, a n d swimming pools, any Infrastructure for boat use and bird watching, as well as for sitting in the forest; an operations and recycling center; a yoga room; a women's empowerment center; a playground/play area; parking areas; among others.
c) The park and green areas in the center of the village, including permaculture areas, green spaces, seating areas, an amphitheater, a youth space, a playground/play area, a zipline, among others.
d) All those goods and/or services intended for common use and well-being, and in general the areas identified as such in the construction plans and in the deed of incorporation of the Condominium, the goods acquired by the Condominium or the Administration for the use or enjoyment of the majority of the condominium owners, in addition to those established by law.
e ) Likewise, and in accordance with the Law, common property shall be those assets that the Condominium Owners' Meeting qualifies as such, even if they are not so by their nature, or those that correspond to principles of necessity, safety, health, access, decoration, and conservation of the Condominium, whose operation is authorized with the approval of these Regulations.
13. [Work/Repair in Common Areas]
-
Editorial summary — not an official interpretation.
Requires prior express written Administration authorization for work in common areas, compliance with applicable guidelines, and insurance where required by the nature of the work.
Thirteen:
All work to be carried out in the common areas of the Condominium must have the prior, express, and written authorization of the Condominium Administration, and must comply in full with the guidelines of the latter and these Regulations, as well as any other applicable provisions in the Condominium. If required by the nature of the work to be carried out, it must also have with an insurance policy that guarantees or covers any possible damage and/or harm that may arise from the work to be carried out, all to the satisfaction of the Administration.
14. The nature reserve
-
Editorial summary — not an official interpretation.
Designates the northern and eastern forest shown on approved plans as a shared nature reserve. Its stated purpose is habitat conservation; the article prohibits recreational conversion, sale, or leasing of reserve areas.
Fourteen:
The nature reserve: The forest located in the northern and eastern areas of the main property, as defined in the approved plans of the condominium, is considered a forest reserve for the purposes of the condominium. This area is common property and therefore its maintenance is shared by the condominium, so its conservation shall be the responsibility of each condominium owner and the condominium as a whole. Although the reserve is a common area, its sole purpose shall be to serve as a habitat for the forest's flora and fauna, and never as a recreational area for condominium owners. The Condominium Owners' Assembly may not change its use, nor may it sell and/or lease the reserve areas to third parties, nor give them a purpose other than that indicated herein.
15. Educational, commercial, and tourist areas
-
Editorial summary — not an official interpretation.
Describes permitted activities, independent operation, maintenance responsibilities, construction treatment, and possible voluntary contributions for designated commercial, educational, tourist, and mixed-use properties. Numerous property-specific exceptions apply; consult the full text for each property.
Fifteen:
Educational, commercial, and tourist areas: The owners of commercial subsidiaries shall build, maintain, and operate the commercial, tourist, and educational areas, assuming this responsibility directly or relying on third parties with the necessary expertise. Therefore, they shall not contribute to expenses related exclusively to the residential subsidiaries, nor shall they be subject to the construction regulations established herein. Therefore, their projects shall NOT be approved by the Construction Commission or Committee, nor shall they require the approval of the Condominium, its Administration, or the Owners' Assembly, but they must always comply with the provisions regarding setbacks, density, and coverage established in the construction plans and these regulations. Residential condominium owners shall not be responsible for the maintenance of these commercial, educational, and tourist areas, the expenses of which are not part of the condominium budget. These areas are subsidiary properties numbered G seven hundred one to G seven hundred six, inclusive, in which, according to their intended use, the following activities may be carried out:
a) Subsidiary property G seven hundred one: It is intended for commercial and educational purposes, and therefore commercial activities of all kinds may be carried out there, including educational centers, which include educational buildings, play areas, dining rooms, sports facilities, and green spaces, among others, always with the primary purpose of commercial and educational use. Educational;
b) Individualized Primary Subsidiary Properties numbers one, two, and three: These properties are for commercial, residential, and tourist purposes, so any of these activities may be carried out on them, with commercial activities understood to mean any lawful commercial activity that generates income for the owner, regardless of its nature, such as agriculture, livestock, and any other activity that allows the use of the land on these subsidiary properties.
c) Subsidiary property G seven hundred and two: This property is intended for commercial, residential, and tourist use, and therefore any of these activities may be carried out on it, including but not limited to an art village, which will include spaces such as a theater, coworking space, art galleries, commercial spaces for artists and musicians, cooking spaces, restaurants, gardens, and public spaces, among others;
d) Subsidiary properties G seven hundred and three and G seven hundred and four: These properties are intended for commercial, residential, and tourist use, and therefore any of these activities may be carried out on them;
e) Subsidiary property G seven hundred and five: This property is intended for commercial, residential, and tourist use, and therefore any of these activities may be carried out on it;
f) Subsidiary property G seven hundred and six: It has a commercial, residential, and tourist purpose, so any of these activities can be carried out on it, including but not limited to a retreat center, which has its own entrance and operates independently from the rest of the condominium;
g) Subsidiary property A one hundred and fifty-seven may be used for commercial purposes due to its location. The Condominium Owners' Meeting may reach an agreement whereby the owners of subsidiary properties G seven hundred and one to G seven hundred and six inclusive may voluntarily contribute to the maintenance of the following general access assets, according to the access and use they give to each of them, noting that due to their configuration, subsidiary properties numbers one, two, and three are not subject to this commitment, even though they can freely enter the Machuca River bridge at no cost:
a) Vehicle access, pedestrian paths, vehicle and pedestrian bridges, parking spaces for cars and bicycles, and any other infrastructure necessary for mobility outside the restricted areas of each of the six communities.
b) The park and green areas in the center of the town.
c) The forests, trails, lakes, river, swimming pools, and any infrastructure for boating, bird watching, and sitting in the forest within the Machuca River Park.
16. Rights of Way
-
Editorial summary — not an official interpretation.
Grants rights of way or easements through common areas to public entities and approved service providers for work needed to operate and maintain condominium services.
Sixteen.
Rights of Way: The Condominium expressly grants rights of way and/or easements through the common areas to all government and local entities that govern and regulate basic public services, such as the Costa Rican Electricity Institute (ICE), the Costa Rican Water and Sewerage Institute (A y A), Radiográfica Costarricense S. A. (RACSA), and any other info-communications or general services company of the Condominium that have been previously approved and contracted by the Administration or by the Condominium Owners' Association, to carry out the work necessary for the operation and maintenance of the common areas.
17. Relationship Between Private Property and Common Property
-
Editorial summary — not an official interpretation.
Links common-property rights to ownership of a subsidiary and describes financial responsibility, use restrictions, and leasing of shared property. Waiving use does not remove payment obligations. Special provisions concern commercial and mixed-use properties.
Seventeen.
Relationship Between Private Property and Common Property: Except as indicated in these regulations, no condominium owner may be restricted in the reasonable use and enjoyment of common property, respecting the distinction between common property for general access or use and common property for restricted access or use, nor may any condominium owner claim greater rights to the enjoyment of such property by virtue of having a greater share of the private area than other condominium owners, in accordance with the provisions of the law. It is hereby established, by the conceptualization of the condominium, that the "commercial-educational" and "commercial-residential-tourist" subsidiaries may not use the property and areas for residential use, and therefore shall not contribute to their maintenance. The rights of each condominium owner in the common areas may not be alienated, encumbered, seized, or transferred separately from the ownership, as they are inherent to the ownership of the subsidiary property and, consequently, inseparable from it. The financial responsibility of the condominium owner for the common property shall be determined with respect to the co-ownership coefficient in the private area built that represents their subsidiary property in relation to the total area of the Condominium, as well as those established by the Administration, and the waiver of the use and enjoyment of the common property, whether express or tacit, does not relieve the co-owner of their obligations regarding the conservation and reconstruction of said property, or the payment of maintenance fees, as well as any obligation derived from the Condominium Property Regime, as the responsibilities of the co-owners regarding the common property are inalienable. Common property for use and enjoyment may be leased under any modality with the prior agreement of the Condominium Owners' Assembly or if these regulations establish such a power.
18. Use and Enjoyment of Common Property
-
Editorial summary — not an official interpretation.
Requires proper use and protection of common property and reporting threats to its safety. Owners and occupants are responsible for damage caused through their fault or negligence, including that of people for whom they are responsible.
Eighteen.
Use and Enjoyment of Common Property: Owners are obliged to ensure the proper use of the common property of the Condominium, as well as to notify the Condominium Administrator of any situation, fact, or act that endangers the safety and preservation of such property. All condominium owners, lessees, occupants, or possessors, or any natural or legal person occupying an ancillary property, regardless of their title, shall be liable for any damage caused to common property through their fault or negligence, or by their tenants, employees, dependents, or visitors, and shall be responsible for covering the costs incurred in their repair, failing which the penalties provided for in these Regulations shall apply. Likewise, all co-owners, tenants, occupants, or possessors, under any title, shall refrain from any act, even within their property, that prevents or renders less effective the operation or use of the common areas.
19. Improvements to Common Property and Maintenance Work
-
Editorial summary — not an official interpretation.
Assigns common-property care and maintenance to the Administrator, with improvements requiring Assembly approval. Neighborhood improvements are funded by their beneficiaries. Residents must allow necessary work and access, while inconvenience should be minimized.
Nineteen.
Improvements to Common Property and Maintenance Work: In accordance with Article 30 of the Law, it is the responsibility of the Administrator appointed by the Condominium Owners' Meeting to care for and supervise the common property and services, to attend to and operate the facilities and general services, and to perform all acts of maintenance of the Condominium. Likewise, the Condominium Owners' Meeting may issue the Administrator with the relevant guidelines for the performance of his duties, and in particular regarding the care of common property. Improvements to common property shall be approved by the Condominium Owners' Meeting. Similarly, neighborhoods may approve improvements to their common areas, on the understanding that such improvements shall be covered by the owners of the respective neighborhoods. The condominium owners, tenants, occupants, or possessors, in any capacity, are obliged to allow and tolerate any inconvenience caused by maintenance work in the common and private areas, as well as for their conservation and repair. Consequently, access and passage of persons responsible for supervising, directing, and executing such work shall be permitted in all areas of the Condominium involved in maintenance work. The Administrator, for its part, shall take the necessary measures to ensure that the execution of maintenance work causes the least possible inconvenience or damage.
20. Use and Enjoyment of Common Property
-
Editorial summary — not an official interpretation.
Addresses reasonable use of common property, commercial-property access agreements, transfer of use rights to legitimate occupants, and suspension for unpaid obligations. The owner’s shared-facility use is described as transferred when another person holds legitimate use of the unit.
Twenty.
Use and Enjoyment of Common Property. Except as provided in these regulations, the Regulations, and those established by the Condominium Assembly and/or the Administration in the exercise of its powers, no condominium owner may be limited to the rational use and enjoyment of common property and goods, so no one can claim to have a greater right to enjoy them, except as indicated for "commercial-educational" and "commercial-residential-tourist" subsidiaries, which may not use the common areas and property for residential purposes, unless they reach an agreement with the Condominium defining the fee they will contribute to the maintenance of the areas to be used. The rights of each condominium owner in the common property and assets may not be alienated, encumbered, seized, or transferred separately from the ownership of their subsidiary, as they are an inherent right thereof, such that even if the use of the subsidiary has been transferred in any manner, including, but not limited to, leasing, the owner may not make use of the common property and assets of the condominium, but rather such use shall correspond to whoever has the legitimate use of the respective subsidiary. but not limited to leasing, the owner may not make use of the common property and assets of the condominium, but rather such use shall correspond to the person who has legitimate use of the respective subsidiary. Similarly, it is established that the suspension by the condominium administrator of the services or use of the common property and areas due to non-payment of condominium obligations shall not constitute a limitation on the use of the common areas and services, such suspension being expressly authorized by these regulations and accepted by all purchasers of subsidiaries in the condominium, as well as by the persons residing therein.
21. Regulations for Use
-
Editorial summary — not an official interpretation.
Provides for rules and manuals governing common facilities and events, including reservations, hours, occupancy, noise, deposits, cleaning, and possible third-party management arrangements.
Twenty-one.
Regulations for Use. The use of the aforementioned common property and areas of the condominium shall be regulated by the respective Regulations and/or Manuals specific to each area issued by the Administration and/or approved by the Condominium Owners' Assembly, or the Condominium Owners' Board, and the Neighbourhood Committees for their common areas. These regulations may even, if deemed in the interests of the condominium, empower the Administrator to eventually grant or transfer the administration of a specific area to a third party outside the Condominium to operate it, with the Administrator being empowered to sign and formalise any agreement reached for the administration of the common areas. Similarly, the Administration shall be empowered to issue the necessary regulations for the holding of events in the common and/or private areas, as well as to regulate the reservation procedure, hours of use, maximum occupancy and noise levels, care of common property and common areas, as well as those necessary for cleaning and maintenance work once the event has ended. The Administration or Board of Condominium Owners may establish special regulations, including, but not limited to, the requirement of security deposits or area reservations, which, if established, will be used to cover any damage to the facilities and additional cleaning expenses.
22. Regarding regulations for common areas for general use
-
Editorial summary — not an official interpretation.
Governs general-use common areas and social activities. Commercial, religious, or political activities require prior express Assembly authorization. It lists matters for Assembly rules, including reservations, safety, cleaning, minors, pets, and penalties.
Twenty-two.
Regarding regulations for common areas for general use: Common areas for general use include streets, paths, and infrastructure for mobility, Machuca River Park, the park and green areas in the town center, among others. All condominium owners, lessors, sublessors, occupants, or residents of one of the condominium's subsidiaries, duly accredited as such by the Condominium Administration, shall have the right to use them for social activities in which they are directly involved, with the understanding that, unless expressly authorized in advance by the Assembly, such activities may not be of a commercial, religious, and/or political nature. The prohibition of "commercial-educational" and "commercial-residential-tourist" affiliates is reiterated. They may not use the common areas or property for residential use, unless they reach an agreement with the Condominium for their use. In order to safeguard the peace and harmony of the condominium, as well as to obtain a fair distribution among the condominium owners of the common property of general access, the Assembly shall make agreements to offer a series of rules on the following aspects of the use of these areas:
a) Hours of use.
b) Where relevant, procedures for making and canceling reservations;
c) Where relevant, the obligations of the person making the reservation;
d) The number of people authorized to use the area at the same time;
e) The use and obligations of the user;
f) The care of equipment and infrastructure;
g) Cleaning and hygiene rules for each user;
h) Appropriate clothing;
i) Agreements for use during maintenance;
j) Care of nature in the spaces;
k) Entry and accompaniment of minors;
l) Access of pets;
m) Security measures;
n) Penalties associated with failure to comply with the agreements made;
o) Other measures for coexistence in the space;
p) Other agreements to ensure harmony.
68. Setbacks
-
Plain-language summary — editorial guidance, not an official interpretation
Setbacks are spaces between property boundaries and buildings that must remain unbuilt and green.
Front: The text states a five-meter front setback, then lists slope-related provisions referring to three meters and a reduced garage setback of 1.5 meters. These provisions need clarification before applying them to a specific lot.
Sides and rear: Side setbacks are three meters for single-story residences and four meters for two-story residences. The text includes an exception for boundaries adjoining green areas. The rear setback is five meters.
Eaves and other structures: Clause c.iv permits eaves to project up to one meter into a setback, while clause e prohibits other projections beyond the setback line. Read these provisions together with Article 70. Pools must also comply with setbacks.
Exceptions: Owners may request modifications from the Construction Commission for circumstances described in clauses g, i, and k, including easements, protection zones, topography, shape, or location. Approval is discretionary; certain exceptions expressly do not establish a precedent.
Text requiring clarification: Clause c.ii describes slope using “meters.” This summary preserves that uncertainty rather than correcting the source wording.
As indicated in the definitions section, a setback is understood to be the existing non- buildable space between the boundaries (property line) of the subsidiary and the structure to be built on it. For construction purposes and for the purposes of these regulations, the following regulations on setbacks are established:
a . It is the responsibility of the Owner to know, at the time of purchase, the type of setback that applies to the subsidiary they wish to acquire;
b. Neither the Administrator nor the CONDOMINIUM shall be liable for the Owner's ignorance of the type of setbacks established for the subsidiaries that make up the CONDOMINIUM;
c. The minimum setbacks to be observed within the CONDOMINIUM, measured from the property line of each Subsidiary Property, shall be as follows: Front setback of five meters; The front line is the line that borders the condominium's vehicular traffic lanes. The setbacks from this line are:
i. Plots with a slope between zero and twenty degrees according to the topography shall be three meters.
ii. Plots with slopes equal to or greater than twenty-one meters according to topography, the building setback for the space intended for garages may be reduced to one meter fifty centimeters from the front line.
iii. Setback applies according to facade design (see Facades section).
iv. Eaves may project (horizontally) up to 1 meter within the setback area. This provision applies only to the projection of eaves within said setback, without imposing limitations on the total length of the eaves.
Side Setback: In single-story residences, the minimum setback shall be three meters, and in two-story residences, the minimum setback shall be four meters. If the property is adjacent to a green area, the setbacks established herein shall not apply to that adjacent area; the rear setback shall be five meters.
d. No construction of any kind, whether temporary or permanent, is permitted in the setback area of the property. The setback area must be a green area.
e. No overhangs, ornamental projections, balconies, bay windows, or other elements may extend beyond the setback line.
f. The Building Commission may, if it deems it appropriate, draw up a plan showing the setbacks of each subsidiary to facilitate their identification.
g. When there are subsidiary properties that border on any type of easement or protected area, the owner may request a written modification of the established setback from the Building Commission. The Commission shall issue a resolution approving or disapproving the owner's request. Any authorization to modify setbacks is made on an exceptional basis and does not create any right or precedent for other Condominium Owners in similar situations.
h. The felling of existing trees in setback areas should be avoided unless this is essential, either for topographical reasons or due to the shape of the Subsidiary Property.
If the Owner wishes to remove a specific tree, they must first request permission from the competent government entity, which shall submit it to the Commission, which shall issue a resolution approving or disapproving the Owner's request.
i. At the discretion of the Commission, the lateral setback may be eliminated, modified, or not, in whole or in part, on those Subsidiary Properties that border any type of easement or protection zone, if the Owner so requests. The Commission reserves the right to authorize or reject such a request.
Any approval of a modification of setbacks is made on an exceptional basis and does not create any right or precedent for other co-owners in similar situations.
j. If the Subsidiary Property has swimming pools, they must comply with the setbacks established herein;
k. When an Owner faces special problems with setbacks in the future construction of their subsidiary, whether due to the topography, shape, or location of the Subsidiary Property or any other circumstance, they may request an assessment from the Construction Commission to modify them. The Commission shall issue a resolution approving or disapproving the Owner's request. If the request is rejected, the encroachment of any of the setbacks defined herein is prohibited.