P.R. Laws tit. 31, § 1297

2019-02-20 00:00:00+00
§ 1297. Leasing contract

(a) Any person who acquires a lodging unit shall execute a leasing contract with the administrator within ten (10) days after the date of execution of contracts and deeds whereby such person acquires a lodging unit. The leasing contract shall empower the administrator to administer such lodging unit together with all other lodging units under the leasing program. In the event that a developer intends to retain ownership of one (1) or more lodging units, he/she shall maintain such lodging units under the leasing program while the same is in effect or while he/she is the owner of said lodging units.

(b) No owners of lodging units shall be entitled to participate in decisions over the administration of the condo hotel or to contest the actions taken by the administrator in discharging his/her functions, except as otherwise provided in the master deed, the leasing contract or this chapter. The administrator shall be entitled to budget and defray any program administration expenses without the previous consent of the owners of lodging units, whether these are regular program expenses or special program expenses. Capital improvements may be carried out without the approval of the owners of lodging units if it is specifically provided in the leasing contracts or the master deed.

(c) Every owner of a lodging units shall be entitled to receive rental proceeds, payable from time to time, as provided in the corresponding leasing contract.

(d) Every leasing contract shall contain at least the following provisions:

(1) The identity of any agent onto whom the administrator shall delegate the discharge of his/her obligations and the exercise of his/her rights and a copy of the corresponding leasing contract attached.

(2) Provisions to the effect that the owner of a lodging unit shall not have the right to terminate the leasing contract during the term thereof or to replace the administrator during the effective term thereof, except as the master deed or the leasing contract so allows.

(3) The method whereby the contribution for defraying the program’s administration expenses shall be imposed to and collected from the owners of lodging units.

(e) A leasing contract shall not be terminated nor shall the administrator be relieved from his/her duties by the owners of lodging units bound under such leasing contract, except to the extent allowed by § 1297c of this title or the leasing contract.

(f) As of the date of execution of the first leasing contract, the administrator shall keep the roster of lodging units owners duly updated in his/her main office.

History —Aug. 12, 2008, No. 249, § 5.101; Dec. 16, 2009, No. 178, § 11; June 24, 2010, No. 67, § 11.