HOA in Condominium projects

My feedback is to make sure before you pay your HOA in DR that they show you the books to see if everyone else is paying and where is the money going to, Trust me it can be shady if you do not know what is going on, I speak from experience with HOA in DR,

Hello

The law of condo in DR is the law 5038  and 108-05 & 51-07.

Great info Mike!!!  The rules here are very different for sure!

My experience is the members of the board of the HOA are very influential on the decisions and maybe too much so.

If you have an HOA that you feel are too influential and NOT operating in the best interests of the members then it's time for "YOU" to ask for a meeting, state the reasons and ask that all members are invited and given an appropriate time to respond and the meeting is held in an appropriate place and time.

The Board can't please everyone all of the time, it's impossible but what "you" can do is support the decisions made by the "MAJORITY" of members.

In supporting the majority, you will be seen as a participant and part of the solution and not as a threat and eventually you may get "your" idea accepted by the members.  Slow and sure wins the race!

Nothing happens overnight...

The "Board" is made up of members that are owners and were duly elected by the owners.  If this is not the case, call for a new election.  Sounds simple right?  Not really, there can be lots of obstacles but if you are willing to put in the time and effort, then you can make a difference and a change.  The chances of the "project" being what everyone wants will probably never happen.  The projects are too diverse in nature.  i.e. How can a senior be happy in a project that has made it a haven for children?  Playgrounds, activities etc.  If you are a Senior that likes quiet then you chose the wrong project.  These are issues that all projects have and you have to be willing to change your values, perception etc. to live within a community like this. 

Good luck!

I actually ran for a position but did not get it but I was not part of the clique

Kind of reminds you of highschool!

@DRvisitor: I get it but don't give up.  I am the President of an HOA in Punta Cana and I see people not wanting to give their time and energy to make things better and it makes me sad to see people want perfection but only at the expense of others.  I have been in this position for several years and I am constantly asking for someone to get involved and step up to the plate but there are no takers...

Our HOA is about helping owners and that has been our 1 and only mandate.

I also find that the perception of HOA's is a negative one and that is not always the case.  It's the owners that drive the HOA...

@DominicanadaMike

      When someone ask yer why didn’t something get fixed or addressed…. Just tell them no one on the board was as passionate about it as they are … if you really want something to happen run for 1-2 terms

@DRvisitor: I get it but don't give up. I am the President of an HOA in Punta Cana and I see people not wanting to give their time and energy to make things better and it makes me sad to see people want perfection but only at the expense of others. I have been in this position for several years and I am constantly asking for someone to get involved and step up to the plate but there are no takers...
Our HOA is about helping owners and that has been our 1 and only mandate.

I also find that the perception of HOA's is a negative one and that is not always the case. It's the owners that drive the HOA...
-@DominicanadaMike

I will run again it was prior to covid so everything took a side step.

@DominicanadaMike I agree with most of what you say. My husband and I lived at a Condo building in Sosua for 11 years before we moved to Punta Cana. When we bought the condo, the builder told us that it was part of the Dominican condo law and he gave me a copy of the Rules & Regulations and the Condo Declaration. Great, except that every time I asked a new owner if they were given their copy of the condo docs, they said no and didn't know what I was talking about. Speed forward 5 years. Nothing was happening on the property. Everyone still paid the same $150/month and the common areas were starting to look like shit, lowering the value of our property. I started talking to owners about having the required first annual meeting and voting the builder out. It took almost 2 years to accomplish that goal. He fought hard since he was living off the money. He brought a well-known lawyer to defend him at the annual meeting and we basically had to vote that he owed us nothing and we were starting from scratch. We agreed that the administrator should be an owner who lives full-time on the property (many of the condos were owned by "investors". There was only 5 owners that lived on the property year-round). We also voted in an administration committee made up of 3 persons, to support the administrator when needed. We spent the next two years registering the association with the Dominican government (something the builder was supposed to do but never did); fighting to open up a bank account (we were missing one signature on one document and the builder refused to redo that one page); trimming the fat from everywhere and setting the maintenance fees to what they were supposed to be. After just two years of managing the property, we had a very healthy reserve and we were able to do a lot of improvements to the common areas. The maintenance was not raised for 3 years. Even though we don't live there anymore, I know that the property still runs like a well-oiled machine and the value of the condos there has increased because of that and the pandemic also had a role in  it.

Like others have stated, builders don't inform new buyers from out of the country about the condo law here, even though any condo property and property consisting of homes built (residencial) in this country fall under that law. There are many issues with the law itself because it is old and needs to be updated in several areas to reflect today's reality, but to find the support for that is a difficult task because you'd up against builders; realtors; some lawyers and some investors.

The builder's job is to build and "deliver" to the buyers.  Delivery means that maintenance and Administration transfers to the "buyers" after the first complete sale.  The builder is not entitled or granted the right to provide the Administration.  Of course the builder's do provide the Administration as a revenue source and know that in most cases the buyers have no way of getting them out for many years and take advantage of the situation.  My knowledge comes from a court case that has taken 7 years to get to the point where the Land court awarded us every decision in our favour.  However, in reality, what does that mean in this country...  stay tuned...lol

@DominicanadaMike I would be interested in knowing more about this case, if you're willing to share.

@Enigme:  This has been a very complicated case.  I am happy to share.  You can PM me and give me some contact info.  If you are in the Punta Cana area, perhaps we could meet over a coffee, a beer and have a chat.

@DominicanadaMike

I am in Punta Cana. I've tried to change my profile on this website to reflect my current reality but it's not letting change certain parts of it.

Email me at [link moderated] and I'll respond with my personal contact info.

Unfortunately, you cannot post personal info on an open forum...maybe the moderator can assist...

I sent you a personal message, if you are able to respond to it...

Hello Enigme,

I am in Punta Cana. I've tried to change my profile on this website to reflect my current reality but it's not letting change certain parts of it.

You can send me a private message or email me at yoginee@expat.com. I will make the required changes

Thanks,

Yoginee

Expat.com team

@Yoginee

I just want to change that I live in Punta Cana and my husband and I have been in the DR for 12 years.

Also, the languages I speak.... please add French, English, Spanish

Thank you.

Jasmine

Hi bought into a project last year and when I received the "Coexistence Rules" of the condominium it references the administrator.  Who is the administrator?

Who ever the HOA  elects or appoints to do the job

@planner . Thanks

Are you obligated to pay HOA if title of the condo has not been officially transferred to your name?

@ralphsantoli

I believe so. You are on the hook for HOA fees as soon as the developer turns the property over to you and you have taken possession. I would also review your contract and any addendums to it that references HOA

I agree, once you take  possession then the fees are your to manage.  Please make sure you understand the  contracts etc, its very different here!

@DominicanadaMike

Wow that is great news for you all but as you say, we will stay tuned.