Case law establishes that a functional unit of a condominium is legally indivisible and that its transfer must include the entire property
SANTO DOMINGO - The Supreme Court of Justice (SCJ) established that a unit subject to the condominium regime constitutes an indivisible functional unit, so it is not legally possible to sell only a part of it independently .
The transfer must cover the entire unit
The decision states that, once a property is subject to the condominium regime, each functional unit must be considered according to its legal and registry configuration.
In this regard, the owner cannot subdivide the unit to transfer a portion of it separately. For this to be possible, the corresponding legal modifications must first be made, in accordance with the provisions governing the condominium regime.
Importance for real estate transactions
The Supreme Court's ruling is relevant to real estate transactions, because it establishes that the legal and registration configuration of a property determines the scope of the right that can be transferred.
Therefore, although a unit may physically be divided into different spaces, that distribution does not necessarily mean that each space can be sold independently.
Judicial precedent
The provision, established by a decision of March 15, 2017, identified with number 2 and published in the Judicial Bulletin no. 1276, as reported by Jurisprudencia al Día, constitutes a precedent for operations related to real estate subject to the condominium regime and reaffirms the need for any modification of a functional unit to be carried out in accordance with the procedures established by real estate legislation.
What is a condominium regime?
The condominium regime is a legal way of organizing a building or real estate complex where there are private properties and, at the same time, areas that belong to and must be used in common by all owners.
In that same order, the regime serves to establish how a building or group of properties where there are private units and common areas is organized, administered and maintained.
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