ILN: Buying and Selling Real Estate - An International Guide

[BUYING AND SELLING REAL ESTATE IN COSTA RICA]

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municipality. The request will be reviewed, and the land will be inspected. If approved, the local Municipality will issue a notice that must be published in the official newspaper, allowing interested parties to manifest their concerns, complaints, or opposition regarding usage rights that may have existed previously. Once this procedure concludes, the Municipality can pass a resolution approving the concession and authorizing the drafting of a contract with the selected beneficiary. The Costa Rican Tourism Board must also approve and sign such a document. After this contract has been signed, a Public Notary must notarize the contract and file it before the Concession Registry of the Costa Rican Public Registry to guarantee that the grant will be protected from potential future claims by third parties. ❖ Term of the Concession Concessions are granted for terms ranging from five to twenty years, but they may be extended for equal time spans if the concession beneficiary has complied with the Municipality’s requirements and paid the established concession fees on the required dates. ❖ Payment of Concession Rights When the concession is granted, the Municipality will establish an annual cannon (recurring tax obligation) that the beneficiary must pay to enjoy the rights granted to him by the Municipality. Condominium Property The Condominium Property Law governs condominium property in Costa Rica.

legal requirements established for this special category of property ownership. The system operates under the principle of one principal property from which filial or branch properties will be derived. Each filial property will be assigned a different registration number in the Real Property Registry, which will always include the letter “F,” which stands for “Filial.” ❖ Areas Within the Condominium Two types of areas are established in a condominium property. Together, they comprise the total land area of the Condominium: i-Common Areas, which normally are for the general use of the condominium owners, but such use may be restricted to only a portion of the owners, depending on numerous variations of the concept, and ii-Private Areas, which belong exclusively to each unit owner, who will have complete domain over the property. ❖ Rights of the Condominium Owner The unit owner is, therefore, the exclusive owner of his filial property and owner of a proportional right over the general common areas. Such proportional ownership will be determined by the size of the filial ownership as compared to the total land area of the condominium. No owner can be limited in using and enjoying the general common areas, nor may he claim a preemptive right over other owners for having a larger percentage of ownership of the total property. ❖ Condominium Owners Assembly and Condominium Administration The Condominium Owners Assembly is the governing body with maximum authority within any property subject to the condominium property regime. Its members are the owners of the filial or branch properties, and their task is to oversee the general administration of the condominium, including matters such as

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Condominium Property Regime (System) Private property developments may be admitted into the condominium property regime if the owners have complied with the

ILN Real Estate Group – Buying and Selling Real Estate Series

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