P.R. Laws tit. 31, § 1301a

2019-02-20 00:00:00+00
§ 1301a. Gross operating revenues and fees; restrictions to claims against the administrator or agent

(a) Notwithstanding the provisions of any other law, it is hereby prohibited to institute, as part of the administrative or judicial proceedings (including, but not limited to actions for construction defects) to which the administrator or the agent is a party, or as a consequence of any administrative or judicial proceeding to which the administrator or the agent is a party, the attachment, encumbrance or use of the following to satisfy any ruling, order or resolution issued against said administrator or agent:

(1) The gross revenue generated or that may be generated by the leasing of the lodging units or by the use, sale or lease of common elements as a consequence of the leasing program, or by the use, lease or sale of common property; or

(2) the payments that the administrator or his/her agent may receive or is entitled to receive from any person to satisfy basic expenses, program administration expenses or capital improvements, or

(3) the revenues received or earned by investing the funds mentioned in clauses (1) and (2) of this subsection.

(b) The following may only be attached or encumbered or used to satisfy any ruling, order or resolution issued against said administrator or his/her agent for the purposes described in subsection (a) of this subsection and any other purpose permitted by law:

(1) The proceeds that the administrator or his/her agent may receive or is entitled to receive as the owner of one or more lodging units, as a consequence of having included the lodging units that he/she owns into the leasing program, or

(2) the revenues that the administrator or his/her agent may receive or is entitled to receive as fees for discharging his/her duties as administrator or agent as provided in the mandatory leasing contract and the administration contact or as administrator or owner of a commercial unit or residential unit, or

(3) the revenues received or earned by investing the funds mentioned in clauses (1) and (2) of this subsection.

History —Aug. 12, 2008, No. 249, § 9.102, renumbered as art. 9.102 and amended on Dec. 16, 2009, No. 178, § 27; renumbered again as art. 9.102 and amended on June 24, 2010, No. 67, § 27.