P.R. Laws tit. 23, § 64d-3

2019-02-20 00:00:00+00
§ 64d-3. Obligation of owners to contribute proportionally

(a) The council, board or association of residents is hereby empowered to impose a fee to cover the costs and expenses for the installation, operation and maintenance of the access control system, including the salaries or wages of the personnel under contract. It is likewise empowered to collect said fee and to resort to court action against a proprietor for payment of the debt on such account.

Obligation of payment shall fall upon the following owners:

(1) Owners of tracts of land whose authorization or permit has been filed under the procedure established in § 64d-1 of this title.

(2) Owners who authorized the petition to establish an access control, as implemented.

(3) Any owner who acquires a tract of land located in an urbanization, street or community which has been authorized by the pertinent municipality to control access or which, at the time of the sale, is in the process of obtaining the consent of three fourths (¾) of the proprietors, as recorded.

(4) When the petition has been made by the urbanizer, developer or builder, the payment of the fee shall be obligatory for any person who becomes the owner of the real property.

(5) Owners who did not expressly authorize the establishment of the access control system, but who at a later date committed themselves to its payment through a written contract.

(b) The proportional amount that each of said proprietors must contribute towards the aforementioned expenses shall be determined, fixed and imposed at the beginning of each calendar or fiscal year and shall be due and be payable in monthly installments. The fees not paid within the term fixed for their payment shall accrue interest at the maximum legal interest rate set for personal loans as established by the Interest Rate Regulatory Board for personal loans granted by commercial banks. Non-payment of three (3) or more consecutive installments shall bring about an additional penalty equal to one percent (1%) per month of the total amount owed.

The delinquent proprietor shall be required to pay the amount owed, through certified mail with acknowledgement of receipt, and should he/she not pay it within the term of fifteen (15) days after having received the notice by certified mail, payment may be demanded through court action, in which case the court shall impose the payment of the costs and legal fees upon the delinquent debtor.

Should the plaintiff require it, in those cases in which the delinquent proprietor has leased the real property, the court shall order the lessee to judicially consign to the order of the plaintiff the necessary amount of the corresponding payments to the lessor for rental payments, as they come due, until the debt incurred by the proprietor is fully paid up.

History —May 20, 1987, No. 21, p. 63, added as § 10 on Aug. 10, 1988, No. 156, p. 669, § 8; July 16, 1992, No. 22, § 6.