SANTO DOMINGO. – After six analytical installments on the Draft Bill that would create the Superintendency of Condominiums, this final review demonstrates the direct impact of the project on the Dominican Constitution, municipal autonomy and judicial functions, a key aspect in the examination of the bill .
A comprehensive analysis of the entire text (63 articles) identifies areas where the proposal transfers functions already assigned by higher-level regulations. These are regulatory overlaps that must be clarified before any potential approval.
Dominican Constitution
After analyzing the articles, 15 articles with constitutional conflict were identified, equivalent to 23.8% of the project, finding that the main constitutional foundations affected are:
- Sanctioning law reserve (arts. 40.15 and 74.2)
- Municipal autonomy (arts. 199 and 200)
- Property rights (arts. 51 and 110)
- Legal certainty and due process (arts. 68, 69 and 110)
The articles with the greatest conflict are: 5, 9, 14, 16, 17, 21, 24, 25, 29, 32, 48, 53, 55, 58 and 63 and the most sensitive points:
- Creation of infractions and sanctions by regulation.
- Granting of disciplinary powers without an express legal basis.
- Measures that limit property rights without judicial oversight.
- Powers that intervene in competencies reserved to other authorities.
Municipal functions (Law 176-07)
The comparative study shows 22 articles with municipal conflicts, representing 34.9% of the project. The areas where overlaps are identified are:
- Noise and neighborly coexistence
- Authorization of economic activities
- Health and environmental inspection
- Domestic animal control
- Occupation of common space
- Administrative sanctions
- Inspections and closures
- Governance and internal regulation of residential communities
The most significant articles in this group include those numbered 2, 5, 6, 9, 14, 15, 17, 21, 24, 25, 29, 31, 37, 38, 40, 44, 48, 51, 52, 53, 58 and 63.
Judicial functions, Public Prosecutor's Office or courts
This includes articles that assign powers to the Superintendency that today require judicial or Public Ministry intervention, and 12 articles with judicial or quasi-judicial conflict were found, for 19% of the project.
Subjects affected:
- Precautionary measures
- Temporary suspensions
- Closures
- Mandatory conflict resolution
- Approval of agreements
- Sanctions with effects on fundamental rights
The most critical articles are 5, 17, 24, 25, 33, 39, 48, 52, 53, 55, 58 and 63.
The complete examination of the project confirms that 49 of its 63 articles , equivalent to 77.7% of the text, present some type of conflict : 23.8% with the Constitution (legal reserve, property and due process), 34.9% with the municipal powers established in Law 176-07 and 19% with functions of the judicial system and the Public Ministry.
The project, although pursuing legitimate goals—regulating, organizing, and professionalizing life in condominiums—requires a thorough review to ensure compatibility with the current institutional order .
The overlap is broad, cross-cutting, and requires careful legislative review before proceeding.
The conflicts mentioned are correctable, provided that the legislator clarifies competencies, defines the limits of sanctions in the law itself and maintains respect for municipal autonomy and due process.
General summary table
| Conflict category | Number of items | % of the project | Key articles |
| Constitutional | 15 | 23.8% | 5, 9, 14, 16, 17… |
| Municipal (176-07) | 22 | 34.9% | 2, 5, 6, 9, 14… |
| Judicial / Public Prosecutor / Courts | 12 | 19% | 5, 24, 39, 53… |
