At the Costa Rica Condominium Owners Association, we have recently received numerous concerns from our members about how to respond to arbitrary actions by administration. Therefore, we decided to publish this guide, as it is a topic of great interest and concern to our community.
1. Identify who the administrator really is.
It may seem obvious, but in many cases it isn’t. There are situations in which the registered Legal Representative of Condominium is an individual or a Board, but in practice they have hired an outside company for the day-to-day management of the condominium. Although the company performs the day-to-day tasks, the legal responsibility still falls on the Legal Representative. To know for sure who the administrator is, it is essential to review the National Registry and the condominium regulations/bylaws. Only then will you know to whom you should address your complaints or requests, especially in legal cases or serious disputes.
2. Take action! Don’t stay silent.
We have received numerous reports from condominium owners who have been subjected to abusive practices by property administrators, such as: refusal to provide information of common interest, imposition of unfounded charges, imposition of fines without legal basis, as well as alleged misappropriation of funds or improper payments to third parties. This situation often generates a climate of fear, misinformation, and the false perception among condominium owners of a lack of rights vis-à-vis the property management. This perception, however, does not correspond to reality or to the rights granted to condominium owners by law.
Condo administration often presents itself as the ultimate authority, but in reality, you are the one in charge; they are hired by you and the other condominium owners. Assert your position. Empower yourself! The more we remain silent, the more power they feel they have. It’s important for you to know that you are not alone: the Costa Rica Condominium Association supports you, and many other owners face similar situations.
If you face a situation of arbitrariness or abuse by condo administration, present it formally, demand responses, document each request, and don’t be intimidated. As a condominium owner, you have rights, but in many cases, you must actively exercise them and defend them firmly. Demand that administration fulfill its obligations: they cannot ignore your concerns or act with impunity. Change begins with your participation: if you, as a condominium owner, don’t act, everything will remain the same.
3. Look for change.
If condo administration abuses persist and your complaints continue to be ignored, it’s time to get organized. Although some administratos try to make you believe that you have no power, or that you’re “just one person or a minority,” the reality is different: you pay for their services and have every right to demand fair and efficient treatment. Every condominium owner has a voice, and others will join you, you’ll see.
Talk to your neighbors. Often, the lack of interest or time of condominium owners is exploited by administration to act with impunity. However, by uniting, they can convene an assembly and make concrete decisions, such as not renewing contracts or replacing condo administration.
We, the Costa Rican Condominium Owners Association, also speak out against blatant proposals that seek to expand the powers of administrators without limits or controls, as an independent, sovereign body above the condominium owners, as is the case with the current Bill 24,640, sponsored by Representative Daniela Rojas of the Social Christian Unity Party. This initiative would allow administrators greater flexibility in the use of common funds without the need for approval from the Assembly, facilitates the imposition of fines and the execution of legal proceedings against condominium owners, and in practice weakens the function of the Assembly, making its decision-making role redundant and reducing the real influence of owners in the management of the condominium. That is why we are actively working to introduce reforms that strengthen their rights and demand accountability from the administrations.
4. Challenge unfair regulations.
In some cases, developers, when creating condominiums, impose regulations with abusive clauses: administrations imposed for 15, 30, or even 100 years, or temporary conditions that prevent the removal of administrators before a certain initial deadline. This is unacceptable. An administrator without accountability and with absolute power ends up acting without transparency or respect for the owners.
The Condominium Property Regulatory Law No. 7933, currently in force, establishes that condominium regulations can be modified with the affirmative vote of at least two-thirds of the condominium owners. While reaching this consensus may be challenging, it is not at all impossible. With organization, dialogue, and clear arguments, especially when the clauses are clearly abusive or outdated, it is very likely that other neighbors will join the initiative. The hardest part is usually taking the first step. And, in any case, it is enough for just one condominium owner to file a judicial or arbitration proceeding, as regulated by the Condominium Regulations, for a federal judge or arbitrator to review the clause and, if appropriate, declare it illegal and therefore null and void.
At the Costa Rica Condominium Owners Association, we firmly believe that by working together, it is possible to build more just, transparent, and participatory communities, where the rights of property owners are respected and condo administration truly acts for and by the condominium owners.
