Practical guide to the Condominium Law: rights, obligations and how to resolve the most common conflicts

SANTO DOMINGO– Living in a condominium means sharing much more than a building. It means sharing hallways, elevators, swimming pools, decisions, and, above all, responsibilities with people you didn't choose as neighbors. This coexistence, which in practice is almost always resolved through common sense, is governed by a law that has been in place for nearly seventy years: Law 5038 on Condominiums, enacted on November 21, 1958, and partially amended by Law 108-05 on Real Estate Registration of 2005. It is one of the oldest pieces of legislation that remains fully in force in the Dominican real estate system, and as of July 2026, no bill seeking to reform or replace it is before Congress.

Its age hasn't made it irrelevant. On the contrary, the more the country's stock of residential and tourist buildings grows, from Santo Domingo to Punta Cana, passing through Santiago and Puerto Plata, the more legal inquiries, neighborhood complaints, and assembly disputes end up referring to its articles. It's the law that determines whether or not a resident can rent their apartment through Airbnb, what happens if someone stops paying maintenance fees for months, who is legally responsible for a leak that damages the apartment below, and how to remove a building manager who doesn't provide clear accounts to the owners.

Understanding condominium ownership is a practical asset protection tool for anyone who buys, rents, or manages a unit within a condominium regime. This guide explains, in accessible language and with everyday examples, how this regime works in the Dominican Republic, the rights and responsibilities of those living under it, and the specific steps an owner, tenant, or administrator should take in the most common conflict situations.

1. What is a condominium and how does it work?

Law 5038 defines a condominium as a property—a building or group of buildings—divided into units of exclusive ownership, whether apartments, commercial premises, or independent dwellings, whose owners are also co-owners of the land and all parts of the property not designated for the exclusive use of any one individual. This dual ownership is the essence of the system: each person has absolute ownership of their unit, but shares with the other owners the undivided ownership of hallways, stairwells, roofs, facades, elevators, swimming pools, and any other space for collective use.

Within this structure, four fundamental elements coexist. The first is the private unit, which the owner can use, enjoy, sell, mortgage, or rent with complete freedom, without needing authorization from the other owners, provided they do not violate the building regulations or affect the safety or tranquility of their neighbors. The second is the common areas, which belong to everyone in proportion to their respective ownership percentages. The third is the co-ownership regulations, the document registered along with the condominium's constitution, which establishes this percentage, the number of votes for each owner, and the building's rules of conduct. And the fourth is the owners' association, a legal entity that the law automatically creates as soon as the property is organized under this regime: all the owners form, whether they like it or not, an entity with its own legal personality, represented before third parties by an administrator.

This last point often surprises first-time apartment buyers, as there's no need to sign anything or join any association to become part of the condominium association. Simply purchasing a unit within a building under the condominium regime automatically integrates you into this community of interests, with voice, vote, and obligations from day one. Therefore, before buying or signing a long-term rental agreement, it's highly recommended to request a copy of the registered condominium bylaws. This document is what truly defines the boundaries, fees, and rules of the building where you'll be living.

2. Rights and obligations of the owner

Law 5038 grants each owner a set of rights that are almost always exercised in tension with the obligations imposed by community life. Owners have the right to use and dispose of their private unit, to enjoy the common areas according to their intended use, to vote in assemblies in proportion to their ownership share, to sell, mortgage, or lease their unit without requiring permission from others, to request payment of their dues at any time, and to access the condominium's financial information. In return, they must maintain and repair their unit at their own expense, refrain from making alterations that affect the building's safety or aesthetics, pay their maintenance fees on time, respect the regulations, not disturb the peace of their neighbors, and, when so determined by the assembly, contribute to the group insurance premiums.

It's important to clarify a common misconception: being able to sell, mortgage, or rent a unit without the consent of the other co-owners doesn't mean it can be used for any purpose whatsoever. No owner can use their unit for a purpose other than that stipulated in the bylaws, not even under the argument that it's a strictly private decision. A residential apartment cannot be converted into a business or office if the bylaws don't allow it, and doing so without authorization exposes the owner to legal action by the homeowners' association to stop the activity. The practical recommendation is always the same: check the bylaws before changing the use of a unit and, if necessary, submit the change to the owners' association meeting.

3. How is a condominium managed?

The internal governance of a condominium rests on three interconnected elements. The owners' assembly is the highest authority: it approves the annual budget, can amend the bylaws, authorizes extraordinary expenses, and decides the building's direction. The administrator implements these decisions on a daily basis: directing maintenance work, hiring and supervising building staff, maintaining the minutes and accounting records, and ordering minor repairs at their own expense or, in emergencies, major repairs, with the obligation to immediately inform the owners. And the owners' association is the legal entity that represents all the owners and on whose behalf the administrator acts, even when filing or being sued.

The law does not require academic qualifications or minimum experience to serve as an administrator, beyond what the bylaws themselves may stipulate, and it is customary for the assembly to appoint one directly. If the condominium lacks an administrator because the previous one resigned, was dismissed, or was never appointed, any owner can petition the Justice of the Peace in the jurisdiction where the building is located to request the appointment of a court-appointed administrator, after first notifying the other interested parties.

Regarding decision-making, the law distinguishes several levels of majority depending on the seriousness of the matter. Ordinary resolutions are adopted by a majority of the votes present at a duly convened assembly, with each owner voting in proportion to their share in the property. To amend provisions of the bylaws that do not require unanimity, a three-quarters majority is required. And decisions that affect the very structure of the co-ownership, such as constructing additional floors or modifying common areas, require the consent of absolutely all owners. The annual budget and any extraordinary expenses are also approved by the assembly and recorded in the corresponding minutes.

4. Maintenance fees

The financing of community living relies on a mechanism that is simple in its logic, though not always in its application. Each owner contributes to common expenses in proportion to the percentage of ownership established in the bylaws, usually linked to the size or relative value of their unit. This percentage is not negotiable unilaterally nor can it be altered by majority vote; the law requires the unanimous agreement of all owners to modify it, because it affects the economic foundation of the entire system.

These fees cover the upkeep, maintenance, repair, and administration of common areas, and may include premiums for group insurance policies that protect the building, when so decided by the owners' association. What happens when someone stops paying is perhaps the point where the law most strongly protects the condominium association. The debt is secured by a legal lien on the owner's unit, taking precedence over almost any other creditor. To activate this mechanism, the administrator prepares a detailed statement of the amounts owed, submits it to the owners' association for formal approval, and notifies the delinquent owner. This document, certified by the administrator and notarized, constitutes sufficient title to register the lien in the Property Registry and pursue collection through legal channels.

An example illustrates this well. If a building's monthly fee is five thousand pesos and an owner accumulates six months of non-payment, the building association can formalize the debt at a meeting, notify the delinquent owner, and register a lien on their unit—a step that, if the delinquency persists, can lead to foreclosure. On the other hand, any owner can request at any time that their exact fee be calculated, and if the building manager does not convene a meeting within forty-eight hours of that request, the owner is authorized to convene it themselves.

5. The most common conflicts and how to resolve them

Daily life in a condominium almost inevitably generates a recurring list of frictions that are repeated from building to building and which, in most cases, have a solution before reaching the courts. Excessive noise is probably the most frequent. The law expressly prohibits disturbing the peace of neighbors or engaging in activities contrary to morality and good customs, so it is advisable to document the problem and present it to the building manager before escalating it. Pets, on the other hand, are not addressed by Law 5038; their regulation is entirely left to the specific regulations of each building.

Renovations are another common source of friction when they affect elements beyond the private unit, since any work that compromises safety, aesthetics, or common services requires prior authorization from the owners' association; simply notifying a neighbor or the building manager informally is insufficient. Leaks are resolved according to the source of the damage: if the water originates from a common installation, the building management is responsible; if the source is within another private unit, that owner is responsible. Improper use of common areas, noise at the pool outside of permitted hours, parking in other people's spaces, and visitors disturbing others are governed by the official regulations, not verbal agreements, and it is the administrator's responsibility to ensure consistent enforcement.

The delinquency, already described, is resolved through the legal privilege against the debtor's unit. Security matters—surveillance, access systems, cameras—are decisions that fall to the assembly as part of the annual budget and cannot be imposed unilaterally by the administrator or a small group of owners. And short-term rentals, which in recent years have become one of the most intense points of contention, deserve their own section later on.

As a general rule, in the face of any of these conflicts, the best course of action is to document each incident in writing, first address the administrator to exhaust the internal route, and only resort to the Real Estate Jurisdiction (competent, according to article 17 of Law 5038, for disputes between owners regarding administration, enjoyment of common areas and interpretation of the regulations) when that internal route has been exhausted without result.

6. What modifications can a homeowner make?

Within the confines of their own unit, an owner enjoys considerable freedom to remodel or adapt the space to their needs, provided that these interventions do not affect the building's structural safety, alter its exterior appearance, or compromise common services. The problem arises when the remodeling involves elements that technically belong to everyone: structural modifications, visible alterations to facades or balconies, work on roofs or other common areas, new installations that affect shared services such as electricity, water, or gas, and extensions that encroach on communal spaces. In all these cases, prior authorization from the owners' association is not an optional formality, but a legal requirement. Failure to comply can result in an order to restore the original state and even liability for damages caused to third parties.

The practical recommendation is simple but often overlooked: present the project in writing to the owners' association before starting any work that affects common elements or the facade, and keep a copy of the minutes authorizing it. This record protects the owner against potential claims and facilitates the future sale or transfer of the unit.

7. Rentals and Airbnb

Few topics generate as much controversy in condominium association meetings as the rise of short-term rental platforms. The question most frequently asked by both owners and administrators is whether or not the law permits renting an apartment by the day or week through services like Airbnb, and the answer, while it may seem unsatisfactory, is that it depends. Law 5038 does not expressly prohibit this type of rental. It recognizes that each owner can rent their unit without the consent of the others, in the full exercise of their property rights. However, that same owner remains obligated not to disturb the peace of their neighbors and not to use their unit for purposes other than those stipulated in the building regulations—two limitations that, in practice, end up being decisive.

The key, then, lies not so much in the general law as in the bylaws of each individual building. If those bylaws were validly approved in a meeting and duly registered, they can permit unrestricted short-term rentals, condition them on certain requirements (such as a minimum number of nights, prior registration of guests, or payment of an additional fee), or prohibit them outright. This provision is binding on all current and future owners, even those who purchase their unit after the restriction is already in effect. In other words, it's a matter decided on a building-by-building basis, not uniformly across the country.

At the national level, there is still no law specifically regulating lodging through digital platforms, although those who regularly engage in this activity must register with the General Directorate of Internal Taxes due to the associated tax implications. This general regulatory gap, coupled with the growing presence of this business model in tourist areas and cities like Santo Domingo, is precisely what has brought to the forefront in recent months a debate that is currently taking place outside the realm of condominiums but could ultimately affect them, as explained below.

What changed in 2026?

Law 5038 has not been amended in 2026 and, as of the date of this publication, remains in effect under the same terms established by Law 108-05 in 2005. Therefore, there are no direct changes to the condominium regime to report this year. However, a closely related matter is underway: the regulation of short-term rentals at the national level. This process, it should be clarified, does not modify or replace the Condominium Law, but it is closely monitored by any owner or administrator dealing with this type of rental in their building.

The Ministry of Tourism has opened a public consultation process on a draft resolution aimed at regulating short-term rentals in the country, with a deadline of July 22, 2026. The Dominican Short-Term Rental Association formally requested an extension of this period, arguing that the current proposal addresses the phenomenon solely from a tourism perspective and excludes other forms of temporary occupancy—business trips, academic stays, and work relocations—which, according to the organization, are equally part of the Dominican real estate market. The association also requested the establishment of a technical working group with sector participation and the creation of differentiated regulations based on the nature and scale of those engaged in this activity. While the final outcome of this public consultation remains uncertain, it is a process worth closely monitoring, as any resolution ultimately adopted could, in practice, become an additional framework for co-ownership regulations that currently govern—or fail to govern—short-term rentals within condominiums.

8. The most common mistakes in a condominium

Behind many conflicts that escalate into tense meetings or legal proceedings, there are almost always a handful of recurring mistakes. The first is failing to attend meetings, whether due to disinterest or lack of time. Those who don't participate lose the opportunity to influence decisions that directly affect their share and the building's rules, and the simplest way to avoid this is to delegate representation to another owner when personal attendance isn't possible. The second is not reading the condominium bylaws before purchasing a unit, an oversight that often leads to unpleasant surprises regarding rental, pet, or usage restrictions that the buyer was completely unaware of. The solution is as simple as requesting the document and reviewing it carefully before signing any agreement.

The third mistake, perhaps the most costly, is failing to pay maintenance fees. This decision triggers a legal lien on the unit and, if prolonged, can lead to foreclosure. In the face of any financial hardship, the wisest course of action is to negotiate a payment plan directly with the administrator before the arrears accumulate. The fourth mistake is carrying out renovations without the corresponding authorization from the homeowners' association. This can result in a court order to restore the property to its original condition and liability for any damages caused. Formally submitting the project plans before starting any work prevents this outcome. The fifth mistake is misusing common areas—such as parking in someone else's space, extending pool hours, or making noise in shared spaces. This behavior creates unnecessary friction with neighbors and can be avoided simply by respecting the schedules and permitted uses established by the bylaws.

Sixth on this list is failing to demand accountability from the administrator, an oversight that opens the door to opacity in the management of common funds. Requesting financial statements at each meeting is a simple habit that prevents this risk. Seventh is ignoring notices of extraordinary meetings, often because the notification doesn't arrive on time due to an outdated address. Keeping this information up-to-date with the administration is the most direct way to avoid this. The eighth mistake is not formalizing verbal agreements between neighbors in writing, a practice that seems harmless until a dispute arises with no documented resolution. Any exception or particular understanding should be recorded in the minutes.

The ninth mistake, and an increasingly common one, is listing a unit on short-term rental platforms without first reviewing the relevant regulations. This can lead to conflicts with the building management and unexpected restrictions once the booking is confirmed. Checking these provisions before listing the property saves a lot of trouble. The tenth mistake, often the most overlooked, is allowing the building's reserve fund to run out due to insufficient contributions, leaving the building without resources in case of an emergency or urgent repairs. Approving and maintaining a reasonable reserve fund within the annual budget is the most effective way to prevent this scenario.

9. Case study: leakage between two apartments

To understand how several of the mechanisms described in this guide are applied in practice, it is helpful to follow a common hypothetical case in buildings across the country step by step. A homeowner living on the fourth floor of a condominium notices a damp patch growing larger each day on the ceiling of their living room, and all indications are that the water is coming from the apartment directly above theirs. What should be done in such a situation?

The first thing the affected owner should do is notify the building manager in writing and, if possible, also the neighbor upstairs, documenting the damage with dated photographs to serve as evidence in any subsequent disputes about the origin or extent of the problem. Following this notification, it is the manager's responsibility to investigate the actual source of the leak: whether it originates in a shared installation, such as a pipe running through several units, or whether it is a problem within the private unit upstairs, perhaps caused by a faulty repair or a defective appliance.

This distinction is crucial in determining who is responsible for the repairs. If the leak originates in a common area, the responsibility for repairs falls to the homeowners' association, charged to the building's maintenance budget. If, however, the leak originates within a neighbor's private unit, both the repairs and any compensation for damages caused to the apartment below are the responsibility of that individual owner. When there is disagreement between the parties regarding the true source of the damage—something that occurs more often than desired—the board or assembly can intervene to order an independent technical inspection to clarify the situation before the conflict escalates. Only when this internal avenue is exhausted without the parties reaching an agreement should the matter be referred to the Real Estate Court, which has jurisdiction to resolve these types of disputes between owners regarding administration, use of common areas, and interpretation of the building's regulations.

10. Frequently Asked Questions

Can they prohibit me from having pets? Law 5038 does not directly regulate this aspect; it all depends on what the co-ownership regulations of each particular building establish, so the answer can vary considerably from one condominium to another.

Can they prevent me from renting my apartment? They can't prevent it completely, because it's a property right expressly recognized by law. What the registered regulations can do is restrict the type of rental permitted, including short-term rentals through digital platforms.

What happens if I don't pay the installments? The debt is secured by a legal lien on the unit of the defaulting owner, a lien that can be registered in the Registry of Titles and that, if non-payment persists, can lead to a judicial collection process.

Can I refuse to pay an extraordinary expense? If that expense was validly approved at a duly convened meeting, it is mandatory for all owners, even those who voted against the decision.

Who is responsible for a leak? The answer depends exclusively on the source of the damage: if it comes from a common area, the homeowners' association is responsible; if it comes from a private unit, the owner of that unit is responsible.

How is the administrator changed? The assembly can remove the administrator in the same way they were originally appointed. If the administrator was appointed by the justice of the peace due to the lack of an appointment by the condominium association, that same justice of the peace can also remove them at the request of any interested owner.

What happens if the board fails to provide an accounting? Any owner has the right to demand an exact statement of their fee and access to the consortium's financial information; in the event of a persistent refusal, they can appeal to the Real Estate Court to enforce that right.

11. Final checklist for owners

• I have a copy of the duly registered co-ownership regulations.
• I know precisely my percentage of participation and my number of votes in the assembly.
• I am up to date with my maintenance fees.
• I attend the meetings or, when I cannot, I delegate my representation to another owner.
• I periodically request the consortium's financial statements.
• I consult the assembly before remodeling any common element or the facade of the building.
• I reviewed the rental clauses before listing my unit on digital platforms.
• Document in writing any conflict with neighbors or with the administration.
• I keep my address updated for the purpose of receiving notifications from the consortium.

Official sources consulted

• General Directorate of Internal Taxes (DGII) — Law No. 5038 on Condominiums (November 21, 1958), current text with its amendments
• Real Estate Registry (RI) — Procedure for establishing a condominium regime, with reference to Law 5038 and its amendment by Law 108-05 of Real Estate Registry
• Ministry of Tourism (MITUR) — Public consultation process on the draft resolution to regulate short-term rentals, valid until July 2026.

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