P.R. Laws tit. 31, § 1293e

2019-02-20 00:00:00+00
§ 1293e. Obligation of owner for common expenses, lien

The obligation for the proportional share of the common expenses of the owner of a unit shall constitute a lien on said unit, once the same is entered in the Property Registry. Therefore, after the first sale, the voluntary acquirer of a unit shall be jointly responsible with the transferor for the payment of the owed amounts, pursuant to § 1293c of this title, until the time of the transfer, without prejudice to the right of the acquirer to recover from the other transferor those amounts paid as a joint debtor. However, an involuntary acquirer shall only be responsible for debts arising from common expenses that have not been satisfied during the six (6)-month period preceding the time of acquisition of the real property, as well as for any balance that may have accumulated from the acquisition of said property by the involuntary acquirer. For purposes of the above provisions, an involuntary acquirer shall be a mortgage lender that acquires a real property when collecting a debt subject to this chapter; such balance shall be paid on monthly installments or within the term provided by the Homeowners’ Council.

The referenced obligation shall be demandable to anyone who is a unit owner of the property comprised by the unit, even when the same has not yet been segregated and inscribed as a filial parcel in the Registry of the Property, or transferred [on] behalf of any person.

Any financial institution that provides temporary financing to a person for the construction of apartments and common elements to be submitted to the horizontal property regime and becomes the owner of the property in a procedure of execution or transfer in payment shall not be considered as the developer, temporary administrator, or constituent of the regime, pursuant to the provisions in this chapter, if the financial institution does not exceed the usual duties of a creditor in the protection of its guarantee, pursuant to commercial practices adhered to by financial institutions that provide financial institution temporary construction financing.

History —June 25, 1958, No. 104, p. 243, § 41; June 4, 1976, No. 157, p. 461, § 9; Aug. 11, 1995, No. 153, § 1; May 21, 1996, No. 43, § 5; Apr. 5, 2003, No. 103, § 33, eff. 90 days after Apr. 5, 2003; Aug. 5, 2016, No. 119, § 2.