By Joan Feliz
Special for El Inmobiliario
This common phrase reflects a widespread misconception about ownership in residential buildings. Many Dominicans believe that purchasing an apartment grants them carte blanche to modify, rent, or use their unit as they please, without restrictions. However, this directly contradicts the legal reality of condominium regimes, where each private unit is bound by a set of common rules that define and limit its use.
Private property, but regulated
In the Dominican Republic, over 65% of new vertical residential construction in Greater Santo Domingo is developed under condominium regimes, according to data from the Dominican Association of Housing Builders and Developers (ACOPROVI). This ownership model, regulated by Law 5038 of 1958 and Regulation 93800, recognizes the exclusive ownership of each unit, but establishes rights and obligations that cannot be ignored.
These include the obligation to respect the property's intended use, structural limitations, rules of coexistence, and agreements approved by the condominium association. Thus, a residential apartment cannot be converted into an office, clinic, hair salon, or tourist accommodation, as is increasingly common with platforms like Airbnb, without proper authorization.
The internal regulations: the building's constitution
Each condominium has internal regulations that serve as a legally binding framework for all owners. This document establishes, among other things:
The permitted use of each unit.
The rules of coexistence.
The management of common areas.
Penalties for non-compliance.
The rules for renovations or rentals.
According to a study by the INTEC Urban Observatory, 42% of conflicts in condominiums are due to ignorance or non-compliance with these rules, the most frequent issues being the improper use of the property, delinquency in maintenance and unauthorized remodeling.
The Condominium Board: more power than you think
The Condominium Board, commonly called the "Neighborhood Association," is not a purely decorative entity. It is the administrative body that legally represents all owners, makes financial decisions, contracts services, and, by law, has the power to:
Increase the maintenance fee by majority approval.
Impose penalties on owners who break the rules.
To authorize or reject structural or usage changes.
Take legal action in serious cases of non-compliance.
However, only 38% of condominiums in urban areas have a formally registered and operational board, according to the Ministry of Housing and Buildings (MIVED), which leaves many communities in a kind of "no man's land", with zero management.
Financial obligations: the Achilles' heel
Maintenance fees are mandatory. These fees are calculated based on the co-ownership coefficient (the percentage of ownership of each unit in the building) and must cover expenses such as:
Common electricity and water.
Cleanliness and safety.
Building insurance.
Maintenance of elevators, pumps, power plant, etc.
According to data from the National Council of Condominium Administration (CONACO), 47% of condominiums in the National District are significantly behind on their maintenance fees, leading to deterioration of facilities, lack of essential services, and conflicts among neighbors. In some cases, the delinquency has resulted in the interruption of services such as garbage collection and security.
Sustained non-payment can lead to the seizure of the property and affect the owner's credit history.
Remodeling and alterations: not everything is allowed
Many owners act as if their unit is a world apart. They install protruding air conditioners, change the color of the windows, demolish walls, or put up antennas without consulting anyone. However, any modification that affects the facade, the structure, or the common utilities (gas, electricity, water) requires approval from the homeowners' association and, in some cases, even notification to the Ministry of Housing and Urban Development (MIVED).
A study by the Dominican Chamber of Construction revealed that 28% of units in buildings over 10 years old have undergone interventions without formal approval, compromising structural safety in some cases.
Airbnb in a residential condominium? Risk and conflict
The rise of platforms like Airbnb has introduced new tensions. While there is no specific legislation prohibiting it, most residential condominium bylaws expressly forbid short-term rentals. The reasons are clear:
Frequent entry and exit of strangers.
Difficulty in applying rules of coexistence.
Increased security risks.
Devaluation of the project for permanent residents.
A report by the Santo Domingo Tourism Cluster warns that 19% of apartments in the Colonial Zone and Naco are being used temporarily without board permission. This has led to litigation in at least 35 buildings in the last year.
Conclusion: Living in a community involves limits
Buying an apartment does not grant absolute sovereignty. It is an investment within a collective system that seeks a balance between individual rights and community harmony.
In a country where more than 70% of new housing in urban areas will be part of some condominium regime in the next five years, greater civic, legal and organizational education is urgently needed to avoid conflicts, deterioration and chaos in coexistence.
Respecting the internal regulations, paying dues, participating in assemblies, and understanding that living in a community implies rights, but also duties, is the only way to achieve sustainable and civilized vertical development.
