- Le­gal Ease: HOA Meet­ings

There should be an an­nual gen­eral meet­ing of the HOA to vote on rel­e­vant mat­ters for the com­plex.

Howler Magazine - - Contents - by Ivan Grana­dos

E"I don't want him in the Home­own­ers As­so­ci­a­tion."

ach con­do­minium com­plex in Costa Rica has a set of by­laws known as Covenants, Con­di­tions and Re­stric­tions (CC&Rs), out­lin­ing the rules, reg­u­la­tions, dues, rights and obli­ga­tions of condo own­ers. The Home­owner's As­so­ci­a­tion (HOA) con­sists of the in­di­vid­u­als who own condo units reg­is­tered in their own name or un­der a Costa Rica cor­po­ra­tion.

Un­less oth­er­wise in­di­cated in the CC&Rs, there should be an an­nual gen­eral meet­ing of the HOA to vote on rel­e­vant mat­ters for the com­plex such as an­nual bud­get, ap­point­ment or re­newal of the HOA ad­min­is­tra­tor, monthly HOA fees and spe­cial assess­ments.

In ad­vance of the HOA meet­ing, within the time pe­riod es­tab­lished in the CC&Rs, own­ers should be no­ti­fied with a pro­posed agenda of mat­ters to be dis­cussed and voted on.

For condo units owned un­der a cor­po­ra­tion, the HOA meet­ing rep­re­sen­ta­tives must bring valid iden­ti­fi­ca­tion and le­gal cer­ti­fi­ca­tion (per­son­ería ju­rídica) con­firm­ing their le­gal ca­pac­ity and power to vote on be­half of their cor­po­ra­tion. The per­son­eríia ju­ríidica must be dated no ear­lier than 30 days from the HOA meet­ing date, is­sued ei­ther by the Na­tional Registry or by a no­tary pub­lic of Costa Rica with all the le­gal stamps and seals in­cluded.

Home­own­ers who will not be at­tend­ing the HOA meet­ing may ap­point a per­son to be present and vote on their be­half with a spe­cial power of at­tor­ney (POA) or full POA. Con­sul­ta­tion with a lawyer is ad­vis­able to en­sure the POA is prop­erly ex­e­cuted in com­pli­ance with Costa Ri­can law. (For de­tails, see the Le­galEase ar­ti­cle in the Novem­ber 2017 is­sue of Howler.)

Keep in mind that not all the

“le­gal rep­re­sen­ta­tives” of a Costa Rica cor­po­ra­tion have suf­fi­cient ca­pac­ity and author­ity to be able to grant a POA in fa­vor of a third party. They may have full POA them­selves, but lack the ca­pac­ity to grant it to an­other per­son. This ca­pac­ity can and must be ver­i­fied be­fore the Na­tional Registry, with the cor­po­ra­tion name and ID num­ber.

Condo own­ers/cor­po­ra­tion le­gal rep­re­sen­ta­tives who are out­side

Costa Rica and not at­tend­ing the HOA meet­ing have the op­tion to ex­e­cute a POA through the cor­po­rate books of the Costa Ri­can cor­po­ra­tion that owns the con­do­minium. In this in­stance,

100 per­cent of the share­hold­ers of the cor­po­ra­tion that owns the con­do­minium must ex­e­cute a proxy let­ter (carta-poder) au­tho­riz­ing their at­tor­ney or des­ig­nated per­son to hold a Gen­eral Ex­tra­or­di­nary Meet­ing of their cor­po­ra­tion to vote on the POA ap­proval. The meet­ing min­utes must be tran­scribed, signed and le­gal­ized by a no­tary pub­lic “pro­to­col­ización del acta” to ex­e­cute the POA for the HOA meet­ing.

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