The new legislation modifies section 27 of law 7933 as follows:
- Reduces the voting percentage required at the HOA to approve and vary the proportional area of the subsidiaries concerning the total area of the condominium or the size of the common areas from a unanimous approval to ⅔ approval. Howewer, it specified that if green areas or parks from the common areas are going to be reduced or eliminated, this decision needs unanimous approval from the HOA
- Reduces the votes needed to vary the clauses of the condo declaration, its bylaws, and CC&Rs, from a unanimous approval to ⅔ approval.
Also, it specified that if green areas or parks from the common areas are going to be reduced or eliminated, this decision needs unanimous approval from the HOA.
Keep in mind that every year, unless otherwise indicated in the CC&Rs, there should be an HOA meeting to vote and approve relevant matters for the complex, such as the annual budget, appointment or renewal of the HOA administrator, special assessments, etc.
The HOA administrator shall notify condo owners of the proposed agenda, including the matters to be discussed and voted on.
Suppose a CR corporation owns the condo unit. In that case, the person attending the HOA meeting must bring his current ID and a legal certification (personeria juridica) confirming their legal capacity and power to vote on behalf of the corporation.
The personeria juridica must be current, issued either by the National Registry or by a CR Notary Public with all the legal stamps and seals.
If an owner is not attending the HOA meeting, they may appoint a person to be present with a power of attorney (special POA) or full POA, complying with CR law, to vote on the owners’ behalf.
We are available for your HOA questions. Please feel free to contact us at info@gmattorneyscr.com