The reform carried out through Law No. 10229 of May 5, 2022, modified the number of votes required to carry out certain actions in the condominiums; and through Executive Decree No. 43511 of February 8, 2022, a new chapter is introduced that regulates the possibility of affecting the Marine Concessions and Tourist Berths to the condominium property regime.

What actions no longer require the approval of all the condominium owners?

1. The variation of the proportional area of the subsidiaries in relation to the total area of the condominium or common property.

2. Changes in the clauses of the articles of incorporation or of the condominium and administration regulations.

From now on can be done by agreement of the owners that represent 2/3 of the total value of the condominium.

What act now requires the approval of all the condominium owners?

The reduction or elimination of green areas or parks.

Regarding the affectation of the Condominiums property to the Marine Concessions and Tourist Docks, the affectation may be carried out on the land surface and the area covered by water. The requirements to be able to submit the concession to a condominium regime to obtain the subsidiary farm contracts in the concession are the following:

1. Authorization from the Inter-institutional Commission of Marinas and Tourist Docks (CIMAT) if the destination of the subsidiaries is consistent with the current regulatory plan or the regulatory instrument applicable to the concession. In the case of the Gulf of Papagayo with the approval of the Costa Rican Institute of Tourism.
2. Authorization from the municipality that granted the concession.
3. Execution of the procedures in force for the constitution and registration of the condominium regime.
4. Guarantee free access for any visitor to the structure of the berth and docks, as well as the areas that are necessary to ensure the proper functioning of the marina and the berth, such as: fuel supply, sanitary facilities for customer service, public, parking spaces, pedestrian walkways, among others.
5. That the condominium be constituted solely on the specific polygon of the water area for the berth.
6. That the maintenance costs of docks and anchorages be included in the condominium budget.
7. That the subsidiary concession contracts be signed under the same terms and conditions as the original concession contract, except for the term which must be adjusted to the end of the granted term.

If you require legal advice on this matter, on the regulation of condominiums, at ERP Lawyers we have a team of experts who can guide you and collaborate on this matter. We invite you to contact us by email to info@erplawyers.com.