Prohibited and Permitted Activities in Owner Associations

Prohibited and Permitted Activities in Owner Associations

Activities Allowed

The owner of each place can modify the architectural elements, facilities or services of the one as long as it does not detract from or alter the security of the building, its general structure, its external configuration or state or prejudice the rights of another owner. It must also previously go with the works on the floor of the community, not being able in the rest of the property to make any alteration and should communicate the need for urgent repairs to the administrator in case they warn them.

Activities Not Allowed

The owners as well as the inhabitant of the apartment or premises are not allowed to develop in it or in other areas of the property the activities mentioned below;

  • They are prohibited in the statutes.
  • They are harmful to the community.
  • They break the general provisions on disturbing, unhealthy, harmful, dangerous or illicit activities.

Procedure Against Unauthorized Activities

The community’s president per his own authority or any of the owners or occupants, will require the person who carries out the prohibited activities to immediately cease them, under the warning of initiating legal proceedings.

In case the wrongdoer continues his misconduct, the community president, with the prior authorization of the Board of owners, accordingly agreed for this purpose, can bring against him an action of cessation and will be substantiated through the ordinary trial.

Once the lawsuit has been filed, together with authorization of the mandatory request to the wrongdoer and certification of agreement approved by Board of owners, the Judge may order an instant termination of the forbidden action, subject to a violation of disobedience. It may also adopt any precautionary measures considered needed to make sure the effectiveness of the order of cessation. The claim must be directed against the owner and, if applicable, against the inhabitant of the dwelling or premises.

If the sentence is an estimate, it may, in addition to the decisive termination of the banned action and compensation for damages, proceed to deprivation of the rights to utilize the housing for a period not exceeding 3 years, which may depend upon graveness of the infraction and the damages in the community area. In case the wrongdoer is not an owner, the judgment may definitively extinguish all of his rights relating to the housing or premises

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