Playa Lagarto Eco Developement

Hi Bob,
Looks like my next visit to CR will be in June. That's when the house will be completed. I received the construction report. They are already working on a roof.

We have bought our lot in 2012, blind...not so smart.  We went to visit the site afterward, and were REALLY pleased with what we purchased, we are really fortunate to have a beautiful lot. RECAP is great to work with and so is Carlos.  What a wonderful man ! We used their law firm.  We even used them to get our "pensionado" residency paperwork processed.  It took less than a year to get them and was not to painful.  Even though Carlos is very competent and great to talk to, we have decided to go another route and got a different architect and builder as we wanted our house built with metal framing instead of blocks....it should be ready by June. So far so good.  We are moving there as soon as the house is finished.

Are you building in playa lagarto recap development?

Yes we are, Yalif, in phase one.

I have a land in phase 1 too. It would be interesting to see different style of building. Have you consulted with Carlos or building by yourself. What is your lot no. If you don't mind. Is it more cost effective or different reasons?

I bought mine in 2013 summer blind too. I am planning to build in few years. I haven't seen the lot. I am hoping to visit the site in hopefully a year if not sooner. I guess you guys be sherif of the neighbourhood by the time we get there

We are on lot A35.  As for cost, the material might be more expensive, but is is quite quicker to built so you save in manpower and time.  I beleive, on the long run, it cost the same !  Also, all electrical and plumbing are easier to reach as they are through the walls.  Good with earthquake and resistant to the environment.  You can check their site here :  frame.cr  all information is there.  We are going for a visit again in a couple of weeks.  What is your lot number Yalif ? 

My lot no. Is 111. I hope to have a nice surprise when I go for visit. Would you mind checking the lot for us? By the way where is the review. I like to check them. I assume the blue print would be different from the recap too

O wow I looked at the phase one your lot is across from mine

Lot 111 !  You are right, just across from ours.  We will send you some pictures in April if you wish.  Have you seen any pictures of your lot ?  Our builder is Frame.cr (Frame Project, Nicolas Huet is the manager).  Nicolas is great to work with ! We used Olivier Von der Weid for our architect.  He is in Nosara. We had an idea of what we wanted and went from there !

I had a couple of pictures from recap when I was buying the lot but that's about it. I am happy to see people are building around the area. I would greatly appreciate if you take some pictures from my lot. It is quite exciting

Wooo hoooo !  It is really exciting. Your lot is also quite nice for what we can see from the road !  I will look through our pictures to see if we have one with your lot on it.

Thank you you made me feel better about my not so smart blind purchase too. You guys are going to hear from me a lot. Hope I don't heras you too much. Look forward to see your input from the community

A friend of mine bought lot 52. Would you be able to take few pictures from her lot too

I too purchase site unseen in 2012 lots 56 and 89 so your not crazy maybe we're neighbors lol. Just curios about the cost of the pensionado visa and what info did you have to provide. If you don't mind. How long is the process.

First and foremost, thank you recap (Playa Lagarto Eco Development) for all your support. 
Thank you each and everyone who posted all the info s, it is very informative.

Of course !  We can take picture of lot 52 also, while we are there !

Rocketman58,  we are really closed to each other ! 
For the Pensionado, you need to provide a birth certificat, copy of all pages of your passport, a proof of your pension (of at least 1000.00$ USD), police record, 7 passport photos (2 more will be needed at fingerprint office in San Jose), mariage certificate, all cannot surpassed the six months from the date in which they were issued (except your passport). All documents have to be legalized and taken to your province's chamber of notaries (barreau du Québec (Quebec bar) for us ) to be authentified. Once in Costa Rica, you can choose to do all the work yourself or get a lawyer to do it for you.  We are not the most patient and our spanish is not the greatest, so we chose an attorney to do it for us.  1000.00 $ (ea)  + 250.00$ (ea) + Document translation ...... All in US dollars.  Lots of work, but all worthed it !

Thank you very much

Rocketman, I forgot to mentionned that once authentified, you have to send all these documents to the Embassy of Costa Rica in Canada, so they can put their "stamp" on it........  Then, you can start your process in Costa Rica

Thanks. So the process takes about one year then?. Hope to meet one day in paradise

The time frame can take as little as four months (rarely) to three or four years.  We received our comprobantes on February 3, 2014, our application was "RESOLUCIÓN NOTIFICADA" on July 8, 2014 (this means it is sitting on a desk somewhere waiting for a stamp).  We wait patiently meanwhile leaving Costa Rica every 90 days to keep our driver's license valid.

Yes, rocketman, expect about one year to get your card, and a few trip to San Jose !

Hi Roy,
Are you still on for your June visit?  How is the new home progressing?

Bob.

Hello,
Anyone who have bought SMALL lot in phase 4 playa lagarto development received amended agreement from Recup Invectments stating that your lot now considering  CONDO lot ( instead of freehold)? What you gona do? We're confused ....

Never buy a lot in Costa Rica that does not have "individual deeds".
Why?   Example:  At the luxury development of Costa Del Sol, a Tico builder got into a construction dispute with an expat.  The police raided the development and confiscated vehicles belonging to other home owners, as the entire development was under one master deed.  Without having individual deeds you can also be subject the style of home you can build, and even be forced to pay monthly dues "if that development is HOA registered".

Thanks for your reply Edward. Our original agreement already include HOA registration ....and monthly fees are involved as it will be a gated community. But the amended agreement stated that our lot is a CONDO lot and it may add even more fees and restrictions for us specially from Costa Rica's government  .... And ... may it be more difficult to sell this property in future ?

Hello BradP - We are in a gated community of 16 lots, and the fees are voluntary, as we all have deeded lots.
The fees are only $60. per month.   We have freedom to build what we want "as long as the municipality approves it", we have no rules and regulations "which allowed us to build an Eco home", which does not look like the standard Tico constructed pizza oven homes built in the development.  The only thing is that our gate is only closed from 5pm to 5am, as we are classified as being at the end of a municipal road.  Some HOA operations can be good, but others can be absolute hell.  I wish you the best of luck.

I am the President of an HOA (which is totally illegal) in Costa Rica unless you are in a Condominium development and then it is iffy.  There are more than 80 acreages here and we have sought three legal opinions.  We have two people that do not pay their dues and two lawyers have said there is nothing our association can do.  Having said that we are quite happy and as Edawr says the fees are technically voluntary.

I see the picture now..thanks Edward & TerrynViv....
Yes, everything with condo association can be very questionable...and we do not like it    just wants opinion on it from expats experience ...

It is a great feeling to have full deeds to the lot you own.  Being part of a development master plan, and contending with ongoing monthly due increases can be very stressful.  All you need is a few wackos in your development who want to control things and life can be hell.  It's not easy to find a fully deeded lot in a gated community (with voluntary dues), but that is the  most comfortable way to live in Costa Rica.  What you don't need when you retire is an HOA dictating how you live, or what you can or cannot do on your property.

All, Just joining in and want to clarify a comment on the HOA fees being voluntary...Is this true? I have bought from Recap in Phase 1 but have long terms plans for the lot as I do not intend (or can afford) building anything there for some decades (fairly young to retire)... Do I really have to pay these fees if I'm not living there? My contract is not a condo. I have 5000 square meters.

I can only speak for our development and what the lawyers have told us.  About 50% of the sold lots do not yet have structures on them but those people pay yearly fees to maintain the development (paved roads, extensive drainage system, gates, communal meeting area, etc.).  There is no way to enforce this but luckily the people that do own property here understand what we do is protect their investment and hopefully increase their property value.  The fees vary year by year depending on what we budget for.  In the five years that I have belonged the lowest year was $500 and the highest year $690.  At this time we do still have one member who has not paid this years dues and that is a first since we joined.  All lots here are deeded, individually owned acreages.  Best of luck!

Hello Magzter -  Why would you pay HOA fees on a lot "for decades" without a home on it?  I suggest you put the lot up for sale, while you search for a piece of property that includes deeds "and no HOA fees".  Some developments give you a break on the HOA fees for about two years while the lot is empty, and then after the two years you pay the full amount.  If you decide to keep the lot "borrow and build, and rent out the home".  The other issue you might face is that some developments have regulations on what you can or cannot build, so you might be forced to construct a home much larger than you want.  I was in the same position as you about five years ago, so I sold that lot and bought one which has deeds "No HOA fees", and I can build without anyone (but the municipal government) telling me what to build.  I could never have built this small eco home in a development, I would have been forced to build something that looks like the rest of the homes in the development.. Tico Pizza ovens.   Take care and good luck.

Hello Magzter,
I also have a 5000 sqm lot at the Playa Lagarto eco-development in phase 3 and when I asked about HOA fees I was told it will be at least two years before I am required to pay anything.  However, my lot does not have water or electricity to it yet, or a road for that matter!  That said, I don't  plan on paying HOA fees until I build  a property there and start using the roads etc. then I will be happy to contribute to the upkeep of the development. I don't  really see why you would be expected to pay "Homeowner" Association fees when you don't actually have a home there, all you currently own is a lot with trees and weeds on it and that is the way it will stay until you are ready to build on it!  I would suggest that you don't stress about it, you own the land and as far as I can see there is no law requiring you to pay until you build a property there.

Hello Burneobob,
You should have been presented with a copy of the present HOA for that development when you  bought the lot.  If no HOA comity has been organized as of yet, and nothing is in writing, then you are not obligated to pay.  According to HOA regulations; as soon as a comity prepares the rules and regulations "you will be obligated to abide by them", and if you don't "your lot will not be provided with services",  I really feel bad for anyone who gets into a development with an HOA comity, "as they could be a bunch of rich old farts who want to dictate every aspect of your life", and demand you build homes which are of the same size an quality as other homes in the development.  Make note> If you have normal deeds, and pay your taxes directly to the municpalidad, then you should be able to opt out of being in that HOA, it might be voluntary.  I have a copy from a lawyer regarding HOA developments.  If you want me to send you a copy of that letter you can reach me at bejucoman(at)yahoo.com

The Condominium HOA Meeting Procedures
THE CONDOMINIUM HOA MEETING PROCEDURES IN COSTA RICA

By Rick Philps
It should be clarified at the out-set, that this regime only applies to condominium property, registered in the Costa Rica National Registry, and not to individually titled lots registered outside of the condominium property regime (Ley de Condominio) .
It is common for developers of single family lot subdivisions in Costa Rica, to represent to prospective purchasers, that an HOA will be formed to deal with matters of a common interest, in the public areas of the subdivision, and to propose to levy fees on the property owners to carry-out the mandate of such an HOA. 
Such HOA’s are purely voluntary in nature, as far as participation by property owners is concerned.. They do not have the legal authority to carry-out any proposed mandate, or to collect fees from the property owners in the subdivision, that they purport to govern. These HOA’s are unconstitutional in Costa Rica, as having a purpose which is contrary to the inalienable rights of property owners, granted under the Costa Rica Constitution. Although the formation of HOA’s in this circumstance makes practical and logical sense, their mandate and the collection of any fees from property owners, is unenforceable.
The Condominium Home Owners’ Association Meeting (Asamblea General de Propietarios) in Costa Rica, is governed by three important pieces of legislation, the Commercial Code, the Regulatory Law of Condominium Property, and the individual Administration Regulation for each Condominium complex.
The legal Administrator, which can be a person, or a Costa Rica corporation, registered as such in the National Registry, and the HOA (Asamblea General de Propietarios), make-up the governing body of a Condominium complex. The Administrator is the legal functionary, who has the authority to represent the Condominium in all legal matters, to administer the Condominium in accordance with the Administration Regulation, to carry-out the Resolutions of the HOA, passed at a duly constituted Ordinary, or Extraordinary Meeting, and generally answer to the HOA during his/its term of appointment.
In calling and giving legal notice of an Ordinary, or Extraordinary Meeting of the Condominium HOA, it is necessary to interpret the three governing bodies of legislation, previously mentioned. The calling of the Ordinary Meeting (AGM), or Extraordinary Meeting, is usually done by the Administrator. Meetings may also be called by the property owners representing at least one-third of the value of the Condominium as a whole, in circumstances of the Administrator refusing, or failing to call a Meeting of the HOA.
Notice of the Meeting must be published in Spanish, in the Gazette (La Gazeta), the official Costa Rica government legal publication, and where English or Spanish speaking owners exist, the practice is to also publish Notice in English or Spanish as the case may be, in a newspaper with National circulation in Costa Rica, both publications having to meet the Notice publication time requirements as set-out in the Administration Regulation for the Condominium.
The Notice must also be delivered in writing to the address for delivery provided by the owners in the Register of Owners for the Condominium. The Notice must include the date, time, and place for the Meeting, and the Agenda for the Meeting. The Meeting must be held in the legal domicile for the Condominium, unless one hundred percent of the owners pass a Resolution in a Meeting, to hold such Meetings elsewhere.
The Notice must also include a provision for the calling of a second Meeting, thirty minutes following the calling of the first Meeting, should a quorum of votes not be formed in the first Meeting, which quorum in the first Meeting, requires voting representation of two-thirds of the value of the Condominium as a whole. In the second Meeting, a quorum is formed by the number of votes present. Legal Notice of the Meeting may be dispensed with, should one hundred percent of the voting owners attend the Meeting and unanimously vote to dispense with the legal notice provisions. The Resolution of such, must be signed by all of the voters in attendance, to be valid (Commercial Code Art. 158).
Legal representation of the owners at the Meeting, is also a matter of significant legal application. Only one party present may vote on behalf of any single condo unit, but that same party may hold and exercise a proxy on behalf of any of the other units, as well. With many condominium units owned by absentee owners, either personally, or by corporations, voting by proxy at the Meeting has become a major legal item to consider.
If the personal owner of a unit is present at the Meeting, merely a Passport, a Costa Rica Residency Card, or a Costa Rica Identity Card need be shown, in order to legally vote. Likewise, if a legally empowered Director of the registered corporate owner is present personally at the Meeting, a Power of Attorney (Personeria) from the company, and a document to prove identification, must be presented in order to vote.
If a personal owner does not live in Costa Rica and will not be in attendance at the Meeting, they may appoint a person as a proxy, by way of a Special Power of Attorney (in Spanish), which will need to be notarized in their home country, and then authenticated by the Secretary of State (USA only), and by the Costa Rica Consulate which is nearest to where they live.
This Special Power of Attorney will need to be presented at the Meeting by the proxy holder, along with appropriate identification. If no legally empowered Director of a corporately owned unit will be at the Meeting, such a Director may also grant on behalf of the corporate owner, a proxy by way of a Special Power of Attorney (in Spanish), to a party to vote on behalf of the corporate owner. If the Director is in a foreign country, this may be done in two different manners. In the first case, it may be granted by notarization and authentication, in the same manner as in the case of a personal owner. In the second case, a Resolution (Acta) of the General Assembly, in the form of a Special Power of Attorney (in Spanish), for the corporation may be prepared and signed by the Director empowered, appointing the party as proxy, following which a Costa Rica Notary may certify the Resolution, the original of which must be presented by the proxy holder at the Meeting, along with appropriate identification. Obviously, a Costa Rica Attorney and Notary must be involved from the out-set, to correctly complete this documentary process.
Voting at the Meeting is done on the basis of the value of the represented condo unit, as a percentage of the Condominium as a whole. A more valuable condo unit carries a greater voting weight. Items on the Agenda fall into three categories of voting requirements; those requiring one hundred percent unanimous approval of the condo unit owners, those items that represent a two-thirds majority of votes of the value of the Condominium as a whole, and those items which merely require a simple majority of votes based on the value of the condominium as a whole, to pass.
Meeting Minutes must be kept during the Meeting, recorded in the General Assembly Minute Book in Spanish, at the conclusion, and signed by the ad-hoc President and Secretary appointed for the Meeting. Any Resolution passed at the Meeting, such as the appointment of a new Administrator, requiring to be recorded in the National Registry, must be notarized by a Costa Rica Notary, in the Notary’s Protocol Book and filed in the Registry accordingly.
It is important that these procedures be followed explicitly, otherwise, Resolutions passed at the Meeting may be declared as invalid and unenforceable, by an existing or future condo unit owner.
RICHARD (RICK) PHILPS
Telephone:
(506) 2288-4381 Ext.102
Fax: (506) 2228-7094
Email:
rphilps@plawcr.com
Website:
www.plawcr.com

Hello Edward,
Thank you for sharing your opinion on HOA's it got me to go back and read the Declaration of Covenants Agreement  "again", that also covers HOA's and potential fees.  Most of your points are correct apart from the fat-cats dictating the size/what you can build. The agreement states that homes should not exceed 15% of a 1.25 acre lot and 45% of a 0.25 acre lot and should be of Caribbean style and yes the design and materials used will need to be approved by the developer.  From what I have seen so far several lot owners  are using outside architects  to design and build custom homes using a variety of materials and styles, so I am not quite sure how they classify a Caribbean styled home!  I asked if I could build two smaller homes on my lot and was told yes, providing they both didn't exceed 15% of the lot size.

With reference to HOA's the agreement stated that the developer will start collecting a 5% site maintenance fee as of May 2015 and the collection of these fees will be transferred to the HAO when all lots are all sold. That said, it is my understanding that you are not required to pay the fee until all contractual obligations are met by the developer.  This should include an access road to your lot, electricity and water supply. (The fee in 2013 was assessed at $75 per month for each single family residence).  In summary, most of what is outlined in the agreement is there to protect the lot owners investment but unfortunately that comes at a cost and a lot of bureaucracy!  "Not really what most people are looking for when they move to their perceived paradise"

Edward thanks again for being the voice of reason, sometimes we all need a reality check even if we don't like what we are reading.  Also, thank you to the rest of our family of bloggers, its great to read about everyones experiences and their opinions!

I will contact you shortly for a copy of the information you offered.
Regards Bob.

Hello Burnebob,
I posted the HOA information here in the Expat.com, scroll up and you should find it.  Man your situation really brings back thoughts of the two year nightmare I went through with the first lot I bought, where there was no road, no electric in yet, and being told what I can and cannot build.  It was my wife's prayers that got us out of that mess.  I might be the only person in Costa Rica history to get a full refund from the developer, as he didn't want me making a Youtube video about his development.  I was so lucky to find this other lot I've got now, it could not be better, and It even came with best beach in Costa Rica.  I was getting those Playa Lagarto ads sent to my email over the past year, and each time I seen them I shivered.  It might be a legitimate operation, I know nothing about it, but just the three letters HOA brings a bad taste to my mouth. I wish you the best of luck.    youtube.com/watch?v=vaFx1zifOXs

Hello Bentley123.
Was the land you purchased part of the Playa Lagarto Eco-development?  If so, this is a genuine development with 300 plus lots being sold and developed by Recap Investments, of Ontario, Canada. 

recapinvestments.wordpress.com/2013/.../playa-lagarto-eco-resort/   If it is not part of this development, maybe someone else can give you some advice on how to move forward.

Best of luck with this!