P.R. Laws tit. 31, § 1297a

2019-02-20 00:00:00+00
§ 1297a. Administration contract

(a) The administrator may delegate onto an agent, through the execution of the corresponding administration contact, the exercise of his/her rights and obligations under the leasing contracts. Said person may be an affiliate of the administrator engaged, whether exclusively or together with other activities, in the hotel property administration business or a non-affiliate entity engaged, whether exclusively or together with other activities, in the hotel property administration business. Said agent shall have all the powers and authorities conferred by the administration contact and this chapter, for the term of effectiveness of such administration contact.

(b) The rights and obligations of an agent related to the exercise of his/her duties shall be stated in the administration contract, which shall not contain provisions contrary to or inconsistent with the provisions of the leasing contracts, the master deed, and this chapter. The administration contract shall be terminated regardless of its term, in the event that the administrator is relieved from his/her duties pursuant to the provisions of this chapter. Notwithstanding the foregoing, the incoming administrator may keep the services of the agent of the outgoing administrator if both parties so wish. The administrator shall not be relieved before the owners of lodging units from his/her obligations under the leasing contracts for having delegated his/her responsibilities onto the same agent, except if otherwise agreed by the administrator and the owners of lodging units.

(c) The administrator shall be entitled to withdraw, remove or replace the agent as provided in the administration contract. The owners of lodging units shall not have any right to require the removal of the agent, since such action shall be an exclusive prerogative of the administrator; however, they may require the administrator to compel a derelict agent to comply with the obligations delegated onto him/her under the leasing contract.

History —Aug. 12, 2008, No. 249, § 5.102; Dec. 16, 2009, No. 178, § 12; June 24, 2010, No. 67, § 12.