P.R. Laws tit. 31, § 1293b-2

2019-02-20 00:00:00+00
§ 1293b-2. Condominium Association—Vote; representation

Attendance to the Condominium Association meetings shall be in person or by legal or voluntary representation, a written document signed by the unit owner sufficing to prove the latter. The document shall be dated and shall indicate the date of the assembly for which the representation is being authorized, unless the same is a general power of attorney granted before a notary. By regulations or agreement of the Condominium Association, a manner of authenticating the signature of the unit owner shall be established prior to initiating the assembly.

Representation in condominium assemblies in which there is at least one unit intended for residential use may be exercised solely by persons of legal age who in turn are unit owners, family members of same up to the second degree of consanguinity, the spouse, lessees of the unit, or agents of the unit owner by virtue of a power of attorney issued before an attorney or the legal representative of the unit owner. No person authorized to represent a unit owner may exercise the right to vote in representation of more than one unit owner.

Each unit owner shall have the right to one vote, regardless of the number of units he/she owns, for purposes of the calculation of the numerical majority of titleholders, and/or the right to vote according to the percentage that corresponds to his/her unit, depending on the definition of the concept of majority that governs the building.

When one or more units belong to a legal entity, said legal entity shall designate the person that shall attend the meetings and exercise its corresponding right to vote in representation of same by means of corporate resolution.

If several owners own a unit jointly, said owners shall name a single person to represent their community.

It is understood that the bare owner is represented by the usufructuary if the unit is in usufruct, and unless otherwise stated, the attendance and vote correspond to the bare owner. However, such delegation shall be expressly stated in writing when it concerns agreements that require unanimity among the unit owners, or extraordinary or improvement works. No person may exercise the right to vote in representation of more than one unit owner.

History —June 25, 1958, No. 104, p. 243, added as § 38-B on June 4, 1976, No. 157, p. 461, § 8; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 1; Apr. 5, 2003, No. 103, § 27, eff. 90 days after Apr. 5, 2003.