Costa Rica: San JoséFlamingo Tamarindo Nosara



June, 2018

Each condominium complex has a set of bylaws or Covenants, Conditions, and Restrictions (CC&Rs) that outline all the rules, regulations, dues, rights and obligations of the condo owners.
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: annual budget, appointment or renewal of the HOA administrator, special assessments, etc. 
In advance of the HOA meeting, and in accordance with the notice period established within the CC&R's, owners should be notified of the proposed agenda including the matters to be discussed and voted on.
If the condo unit is owned under a CR corporation, 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 their corporation. The personeria juridicamust be current, (dated no earlier than 30 days from the date of the HOA meeting),issued either by the National Registry or by a CR Notary Public with all the legal stamps and seals included.  

If an owner will not be attending the HOA meeting, he/she may appoint a person to be present with a special power of attorney (special POA) or full POA, in order to be able to vote on the owners' behalf. 
The POA needs to be executed complying with CR law, therefore you should consult your lawyer to ensure that the POA is executed properly (see Howler edition regarding POAs in CR)

Keep in mind that not all the 'legal representatives' of a CR corporation have sufficient capacity and authority to be able to grant a POA in favor of a third p party. They may have full POA themselves, but lack the capacity to grant it to another person (Sections 1261, 1264 and 1265 of CR Civil Code).This capacity can and must be verified before the National Registry; with the ID number and the name of the corporation 

If the condo owner/legal representative of the corporation is out of CR and will not be present for the HOA meeting, he has the option to execute a POA through the corporate books of the CR corporation that owns the condominium. In this scenario, 100% of the shareholders of the corporation -that own the condominium- would need to execute a proxy letter (carta-poder) authorizing their attorney or designated person to hold a General Extraordinary Meeting of their corporation to vote and approve granting the POA, the minutes must be transcribed, signed and then legalized by a Notary Public 'protocolizacion del acta' to execute the deed to be used as POA for the HOA meeting.

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