Ley Reguladora de la Propiedad en Condominio (Ley N.º 7933) - Common Expenses, Assembly, Administrator

The Ley Reguladora de la Propiedad en Condominio (Ley N.º 7933, of October 28, 1999) regulates how condominiums legally operate in Costa Rica: apartment towers, offices, commercial spaces, or even residential housing developments divided into "fincas filiales" (individual subsidiary properties) under a single regime — who makes decisions, how common expenses are billed, and what happens if an owner fails to pay.

Obligation to pay common expenses (Articulo 13): every owner must contribute to the administration, maintenance, and operating expenses of common property and services. Waiving the use of common areas (for example, the swimming pool or event hall) does NOT release anyone from paying their HOA fee — the obligation exists regardless of whether those spaces are used or not.

What counts as a common expense (Articulo 19): taxes and fees affecting the common property, insurance premiums established by the bylaws, administration/maintenance/cleaning expenses for common areas, the cost of improvements approved by the Assembly, and any other expense authorized by the Asamblea de Condóminos (Homeowners Assembly).

Unpaid HOA fees act as a lien on the apartment (Articulo 20): overdue common expense fees, along with fines and interest, constitute a mortgage lien (gravamen hipotecario) on the finca filial (the apartment or commercial unit), surpassed in priority only by property taxes — meaning condominium debt takes collection priority over almost any other debt encumbering the property. The administrator can issue a certification of the debt which, when endorsed by a certified public accountant (CPA), serves directly as an enforceable title to collect in court, without requiring any prior legal procedure.

Caution when buying a condominium unit (Articulo 21): the seller is required to provide the notary with a certification from the administrator stating that HOA payments are up to date. If they are not, the BUYER becomes jointly liable for that debt — although they can later claim that amount back from the seller. That is why it is essential to request this certification before purchasing.

Asamblea de Condóminos — what can be decided and with how many votes (Articulo 27), a key point to understand: votes are counted according to the VALUE of each finca filial within the condominium, not as "one vote per apartment":

• Require UNANIMOUS agreement from all owners: changing the general purpose of the condominium, altering the proportional area of the individual units, waiving the condominium regime, or encumbering/selling the entire condominium.
• Require at least two-thirds of the total value: changing the specific purpose of a unit, building new floors or basements, acquiring new common property, authorizing the rental of common areas, or approving a reconstruction.
• Any other agreement (for example, approving the annual budget or electing an administrator) is decided by a simple majority of the value represented at the Assembly.

The administrator (Articulos 29-32): can be an individual or a legal entity, appointed by the Asamblea de Condóminos along with their compensation, and unless the bylaws state otherwise, acts as the general power of attorney for the condominium. They collect fees, care for and oversee common property, and execute Assembly decisions. If there is no administrator or they fail to act, any owner can perform urgent conservation actions on their own and bill the other owners proportionally.

Note: this overview summarizes the most frequently consulted mechanisms of a law containing 42 articles, which also has its own executive regulations detailing operational procedures. Each condominium has its own "reglamento de condominio y administración" (condominium and administration bylaws, registered in the Registro Nacional) that defines specific details such as fee amounts, the administrator's term, and internal penalties — for a specific situation, review that particular condominium's bylaws first in addition to this law.