Costa Rica Real Estate, from Coast to Coast, the Right Way!!!

Part II of this series will tell you all about the bylaws or CC&R's, if the Costa Rica gated community you are buying into is registered as a condominium or not, your obligations to abide the bylaws and ownership of pets if you want to live in a condominium.

More and more people, when they retire, like to travel a lot. For that reason, many are looking to buy real estate in Costa Rica in a secure community, a controlled access community or a gated community. You can also use your IRA or 401K to buy a condo in Costa Rica and our rental agents will take care of making a good ROI for you.
 

When you buy a condominium - apartment - townhouse in a gated community in Costa Rica, you need to think of many issues before you buy or before you close and make sure you receive all the documents and read up on them. This is our second article of a series of three that will explain to you about the issues you should be aware of.

What are Bylaws or CC&Rs?

The covenants, conditions and restrictions (CC&Rs), are the governing documents that dictate how the homeowners association operates and what rules the owners -- and their tenants and guests -- must obey. These legal documents might also be called the bylaws, Rules & Regulations. In Spanish they might me called REGLAMENTO DE CONDOMINIO Y ADMINISTRACION O REGLAMENTO INTERNO DEL and then the name of the Condominium or REGLAMENTO DE CONDOMINIO, ADMINISTRACIÓN Y CONSTRUCCIÓN DEL CONDOMINIO HORIZONTAL RESIDENCIAL and then the name of the Condominium. 

These documents and rules are legally registered in the National Registry by the real estate attorney who constituted the condominium. These bylaws are enforceable by the homeowners association, unless a specific provision conflicts with the Costarican laws. Make sure your AE realtor gets a copy of the bylaws for you so you can read them before you sign the purchase of your condo.

Is the community a condominium or not?

Ask your realtor if the community is registered officially as a condominium and will therefore have CC&R's or Rules and Regulations, registered in the Public Register. Many realtors don't bother finding out when they list a condo for sale, unlike AE realtors, but you should insist on the realtor showing the proof. These CC&R's should be pulled so you have your own copy. There are communities that are offered as a gated community but are not registered as such and therefore don not have the legal CC&Rs so any dispute might be a problem. Any sanctions on registered bylaws will be according  the Ley Reguladora de la Propiedad en Condominios.

Obligation to abide the bylaws

Make sure you read the Bylaws before you commit to them because there might be issues in there you don't like. Most Bylaws have a clause in them like the following: If the owner decides to sell, lease, constitute property rights over the property (derechos), or cede the possession in some form, they should notify the Administration. So will the tenant in case of leasing the property. The owner and tenant must agree to all regulations in the Bylaws.

Do you own any pets?

If you have any pets, make sure you check with the Bylaws first. You might find the following (or something similar) in them: Dogs that might represent a danger for the Condo-Owners are not allowed, including but not limited to: Rottweilers, Doberman or Pitbulls. In any case, these animals are not allowed to wander around without his proprietor. These animals will be removed from the premises definitely from those who do not observe these rules after three warnings by the Administrator.

By Ivo Henfling, your Escazu and Santa Ana Real Estate Specialist, for The Easy Times.

Ivo Henfling has sold many condominiums in the Central Valley.

The reason for this article is that many buyers of a condominium in Costa Rica do not realize what their rights and their duties are when they buy a property in a gated community.

See Costa Rica real estate listings or contact him for any questions you might have.

Read Part 2 of this article.

Real also Part 3 and final.