Republic of Haiti
LIBERTY EQUALITY FRATERNITY
REPUBLIC OF HAITI
Joseph Michel Martelly
ORDER PRESCRIBING THE PROCEDURE AND THE IMPLEMENTING RULES
THE LAW OF 13 AOUT 1984, ORGANIZING THE PLAN OF CONDOMINIUM.
FREEDOM EQUALITY FRATERNITY
Republic of Haiti
Having regard to Articles 36, 36-1, 36-2, 36-3, 36-4, 36-5, 36-6, 37, 38, 39 of the Constitution.
Having regard to Articles 458, 531-3, 535-5, 537.544, 545 and 546 of the Civil Code; Given the laws of September 14, 1947, May 17 and September 8, 1948 on rents and on time for vacation leave;The Act of 14 July 1956 on the tax for numbering; The Act of 19 July 1961 to enact protective measures for the economically weak about the costs of rents; The Act of 10 August 1961 on the alignment of fences and buildings; The Act of 29 May 1963 laying down special rules for housing and urban development and campaigns to develop urban planning; Having regard to Decree-Law of 27 November 1969 on notaries;
Given the law of 26 February 1975 laying down the duties of the Surveyor and regulating the practice of surveying;
Given the Decree of 5 April 1977 on the conservation and land registration;
Given the Decree of 6 April 1977 amending the law on the right to own real property granted to foreigners;
Given the Decree of 5 April 1979 on the contribution of land built properties;
Considering the Decree-Law of 6 April 1977 on the estates;
Given the Decree of 23 December 1981 amending the Decree of 5 April 1979 on the contribution of land built in order to adopt a new tax to more rational land contribution of the built homestead properties;
Given the Decree of 26 November 1982 transforming the National Office of Public Housing in a special company called Enterprise Promotion Public Housing Authority (EPPLS);
Given the Decree of 8 October 1982 on the status of married women;
Considering Decree of 18 October 1983 governing the Ministry of Public Works, Transport and Communications;
The Act of 4 November 1983 on the organization and functioning of the Ministry of Social Affairs;
Considering the decree of 30 March 1984 reorganizing the Ministry of Justice;
The Act of 13 August 1984 concerning the status of the condominium buildings built;
Considering the decree of 13 March 1987 restructuring the Ministry of Trade and Industry;
Given the Decree of 13 March 1987 amending that of 31 October 1983 on the reorganization of the Ministry of Economy and Finance;
Considering Decree of 28 September 1987 establishing new administrative structures of the Directorate General of Taxes;
Given the Decree of 31 May 1990 establishing the organization and functioning of the Ministry of the Interior;
The Act of 28 January 1995 establishing the Ministry of Environment;
The Act of 22 August 1995 on judicial organization;
The Act of 1 “August 2002 on the privileges accorded to native-born Haitians enjoying another nationality and their descendants;
The Act of 24 July 2002 on Free Zones;
Given the law of 9 October 2002 Investment Code;
Given the Decree of 17 May 2005 on the Central Administration of the State;
Considering that the state must encourage and expand homeownership while stimulating the development of real estate sector, the engine of economic growth;
Whereas for an order of application to facilitate the implementation of the Act of 13 August 1984;
On the report of the Ministers of Justice and Public Security, Economy and Finance, Interior and Territorial Communities, Trade and Industry, Public Works, Transport and Communications, and Business Social and Labour. And after deliberation by the Council of Ministers;
The building regulations
Article 1 -. Condominiums referred to in the Act of October 29, 1984, which is governed any building built or constructed buildings group.
This Order establishes the procedure and the conditions of application of the law of August 13, 1984 organizing the system of joint ownership.
Article 2 – The condominium rules referred to in Article 9 of the Law of 13 August 1984 referred to above must have.:
1. The division description specifying the physical contours of the lot with survey of private and common portions,
2. Destination of the units and common elements, specifying the allocation of private and common portions,
3. Status of burden caused by the utilities and common elements and equipment, sil appropriate, a clause on the exercise of a right accessory to the common areas. This distribution state must define the different categories of expenses for distinguishing those relating to the conservation, maintenance and administration | building, those relating to the operation and maintenance of each of the elements of common equipment and those caused by each public service
4. Restrictions and sanctions established by the building regulations.
This list is not exhaustive.
This descriptive statement should define the different categories of expenses for distinguishing those relating to the conservation, maintenance and administration of the building, those relating to the operation and maintenance of each of the common elements and equipment those caused by each public service.
It will eventually define the state of proportional allocation of fixed costs, the share that falls to each lot in each category of charges; otherwise, it indicates the basis under which the distribution is made for one or more categories of loads.
Each lot or part of lot is a separate entity and can be total or partial disposition; each batch includes, in each case, the share of the common portions appurtenant to Lot, and the right to use common areas restricted use, if any. The share of the common parts of a lot may be separate from the unit, or a disposition or a partition action.
Each lot or part of lot as a separate entity for the purposes of assessment and taxation. The union must be challenged if challenged in court evaluating a lot by a co-owner.
A fund should be established to cover necessary and unpredictable disbursements not paid for by insurance. Each co-owner contributes in proportion to the relative value of the lot in accordance with Article 29 of the Law of 13 August 1984.
In addition, the building regulations sets out the conditions laid down in Articles 17 and 18 of the Law on the system of joint ownership with respect to the mandate of the trustee.
Any provision of building regulations contrary to Articles 9, 10, 11,12, 13,14, 15, 16, 17 and 19 of the Act of August 13, 1984 shall be deemed null and void.
Condominium rules, | ‘division description and actions that have changed are authentic acts shall be published as provided by law on land conservation and recording and a special register will be kept for this purpose.
Article 3 -. Before making the transfer of ownership of a lot or portion of a lot or write any act constituting on them a real right
the notary is obliged to ensure and mentioned explicitly in the Act that the acquirer had prior knowledge of building regulations and acts that | ‘have changed.
Article 4 -. Regulation of condominium is enforceable against the tenant or occupier of a unit. The owner who rents his unit must notify the union and the name of the tenant.
The union may, after notifying the lessor or lessee, request the termination of the lease of a lot when the breach of an obligation by the lessee or occupant causing serious injury to a co-owner or other occupant of the building.
The union, for the payment of debts of any kind against the co-owners can take a conventional mortgage on any lot and irrevocable mandate given by any owner to the trustee for such purposes upon accession to the building regulations.
Article 5. – The size of the private portion of a lot or a fraction of a lot referred to in Article 5 of the Law of 13 August 1984 is the floor area of enclosed spaces and covered after deducting the area occupied by walls, partitions, stairs and stairwells, ducts, doorways and windows. It is not considered floors part of the premises from a height less than 1 meter 80. Throughout frame building or buildings built condominium group, should be taken into account the condition of people with reduced ability, mental or physics.
Article 6 -. Lots or fractions lot with an area less than 8 square meters are not taken into account for the calculation of the area referred to in Article 4 above.
Mutation of co-ownership
Article 7 -. The relative value of each batch is determined by reference to the value of all the lots, depending on the nature, destination, size and location of the private portion of the lot, but without taking account of its use.
Each co-owner contributes in proportion to the relative value of its share to the expenses arising from the condo and | operation of the building, as well as fund established as provided in this Order.
However, owners who use common portions for restricted use contribute to the expenses resulting.
Article 8 -. Unless the constitution condominium expressly provides, a lot may not be held by several persons each having a right of enjoyment periodically and successively, batch and it can not be disposed of in this goal.
Where appropriate, the act must indicate the number of lots that may be so held, periods of occupati0n, the maximum number of people who can hold these lots, and the rights and obligations of the occupants.
Article 9 -. Condominium contribution provident fund is at least 5% of their contribution to the common expenses, primarily to ensure the conservation of the building and its reconstruction in the cases provided for in Article 31 of the law.
Article 10 -. Occasi0n At the signing of the deed evidencing the completion of the sale of a lot or portion of a lot, the notary who authenticates the Convention gives to the parties, against annotating, a single copy the act of the former owner and a certificate indicating the size of the unit, in the transaction, a statement dated debts lot or portion of lot and all the other documents referred to in Article 11 of the Act of 13 August 1984.
. Article 11 – The trustee undertakes, upon request of the parties, when one of the operations referred to in Article 12 of this Order, to provide, as soon as he was informed, a statement dated in three parts:
In the first part, the trustee indicates an approximate same manner and subject to the clearance of accounts, sommas may remain due to the union for the lot concerned by the owner transferor:
a) supplies due the estimated budget;
b) provisions required non included in the budget estimate;
c) unpaid accrued in previous years;
d) advances due.
These data are provided by the trustee to the notary to load for him to bring to the notice, if any, creditors enrolled.
2) in the second part, the trustee says, the same approximate manner and subject to the clearance of accounts, which are the union could be a debtor for the lot in question, in respect of the transferor owner.
3) In the third part, the trustee represents the amounts that should be left to the new owner for the lot in question, as under:
a) provisions not yet due the estimated budget;
b) provisions are not yet payable in expenditures not included in the estimated budget.
In an appendix to the third part of the statement dated, the trustee indicates the amount corresponding to the two previous years, the proportion relating to the lot in question in the estimated budget and the total off-budget estimate.
He mentions, if applicable, the purpose and status of pending court actions in which the union is a party.
Claims the union mentioned in the context of this Order shall be due and payable on the date of transfer.
Article 12 -. Any transfer of ownership of a lot or portion of a lot, any constitution on them the right to housing, the creation of any real right, all rented out, or transfer of the One of these rights is notified without delay to the trustee either:
1) The parties, sil is a deed under private agreement,
2) A notary who establishes the act and at the request of the parties,
3) A lawyer who won the court decision, as appropriate, produces, certifies finds such transfer or constitution.
The notification must include a statement that this batch is condominium with the location of the building or building group in question.
This notification contains the description of the lot or portion of lot concerned and specifying the name, real or elected domicile of the purchaser or owner of the copyright.
The notary, the trustee or, as the case may be, any of the persons mentioned in the first paragraph of this Article shall inform the registered creditors | opposition filed by the trustee and shall send a copy on request.
Any transfer and / or the creation of any real right, as well as leases of nine years and those containing three years of receipt of rent, regardless of the duration, in relation to a strata lot or part of lot are subject to the formalities of land conservation: and, with legal consequences.
. Article 13 – Where the trustee opposed the acts specified in the preceding article, the notice of opposition shall state in a precise manner:
1) the amount and causes of credit union related expenses and work for the current year and the past two years due;
2) the amount and causes of claims of any nature secured by a mortgage union.
If the lot is the subject of a sale or bidding on foreclosure, the notice of transfer is given to the trustee, as the case may be by the notary or by the plaintiff’s attorney or creditor prosecutor; if the lot is subject to expropriation for public utility or the exercise of a right of first refusal, the notice of transfer is given to the trustee, as the case may be by the notary or | expropriating, or by the holder of the right of preemption.
Article 14 – On the occasion of the transfer for consideration of a lot or portion of lot.:
1) payment of the allowance payable by the provisional budget rests with the seller;
2) the payment of liabilities not included in the budget estimate is for a person, seller or buyer, who is co-owner at the time of repayment;
3) excess or levied on provisions, revealed by the approval of the accounts, shall be credited to or debited from that owner, upon approval of the accounts.
Any agreement contrary to the provisions of this section shall have effect between the parties.
ArticIe15 – The union may be i |. Is authorized in accordance with Article 25 of this Order, acquire or dispose of lots, common areas or other property rights. The acquisition i | is a lot does not remove its character to the unit.
Article 16 -. The owner is free to sell his lot, unless the condominium regulations would prohibit him.
General Meeting of owners or union
Article 17 -. Every condominium corporation must bear a distinctive name to designate it in any legal action involving the union. The management accounts should be opened in the name of the union.
Article 18 -. Throughout condominium corporation, it shall, at least once each year, a general meeting of owners. The General Meeting is convened by the Trustee under the quorum required by the condominium regulations.
The condominium consists of all co-owners. So, any new owner is immediately union member.
Article 19 -. Convening of the General Meeting is entitled to the trustee when requested either by the union council, if one exists, or by two or more owners. Demand, which is notified to the trustee, said the items included in the agenda of the meeting is requested.
Except in an emergency, such notice shall be notified at least twenty-one (21) days before the date of the meeting by letter with acknowledgment of receipt, unless the building regulations has provided for another time or another mode of communication.
Subject to the provisions of the building regulations, the general meeting is held in the common situation of the building.
Article 20 -. At any time, one or more co-owners may notify the trustee or the questions they ask that they be placed on the agenda of a general meeting. The Trustee brings these issues to the notice of the convening of the next General Assembly. However, if the issues or notified can not be included in this meeting, given the date of receipt of the application by the trustee, they are at the next meeting.
Article 21 – shall be notified no later than at the same time as the agenda.:
1) Financial Statement report of a chartered accountant and auditor general’s account management when the meeting is called to approve the accounts. These documents are presented with comparative statements for the previous year, which had been approved at a general meeting pursuant to this order;
2) the draft budget presented with the comparison of the estimated budget last voted, when the meeting is called to vote on the budget estimate;
3) or draft engagement trustee contract when the meeting is called to appoint the legal representative of the union;
4) the proposed building regulations, the division description, state of burden or draft amendment of such acts, when the meeting is called, as appropriate, to establish or modify these acts;
5) the draft resolution to authorize, where appropriate, the trustee to submit an application in court;
6) the findings of the interim administrator when he was appointed one by the court.
Article 22. – The General Assembly shall not decide on valid items on the agenda and to the extent that the notifications were made in accordance with the above items relating thereto.
Except as specifically provided by law of 13 August 1984, decisions of the General Assembly are taken by majority vote of owners present or represented and each owner has a number of votes equal to its share in public areas.
Article 23 -. Annually, after consultation, the co-ownership, the fixed contribution of these common expenses, after determining the amounts necessary to meet the expenses arising from the ownership and operation of the building and amounts payable to fund.
The contribution of the owners fund is at least 5% of their contribution to the common expenses. It can be given to | establish, respective rights owners on common portions for restricted use.
Article 24 -. Shall be kept an attendance sheet indicating the name and address of each owner and, if applicable, his authorized representative, as well as the number of votes it has.
This sheet is signed by each owner or his representative present.
She is certified as accurate by the union president who is also one of the meeting and is attached to the minutes of the meeting.
The minutes of each meeting decisions is signed at the end of the session by the President and Secretary.
Minutes of the meetings are recorded, following each other on a register kept for this purpose.
Article 25 -. Except where otherwise specified in the Act of August 13, 1984 to be valid, any project submitted to the vote of the meeting shall obtain a simple majority of the votes present or represented and each owner has a number voice corresponding to its share in public areas. If this majority is not obtained, there shall be a second ballot unless the Assembly decides that the matter be placed on the agenda of a future meeting.
After the second vote, the draft is adopted or rejected by a simple majority vote.
In the case of a new general meeting, the notice period may be reduced to eight days and the issues on the agenda of the previous meeting outstanding will be treated in the new assembly.
Article 26 -. An authorization granted by the General Meeting to the trustee, the union council or any other person can relate to an act or decision expressly determined. It can not, under any circumstances, deprive the General Assembly of its supervisory powers over the administration of the building and management of the trustee.
The delegate shall report to the Assembly of the execution of the delegation.
The union and the trustee board
Article 27 -. Condo Regulation lays down rules on the organization and functioning of the union council if owners find it necessary to constitute it.
The labor board is accountable to the Assembly each year of the execution of its mission. The members of the Union Council may not exceed two years and is renewable indefinitely.
Article 28. – The union council oversees the management of the trustee, including accounts of the union, the apportionment of the expenses, the conditions under which are awarded and executed contracts and all other contracts, and the development budget estimate which follows | execution.
Article 29 -. Functions of chairman and member of the union council does not give rise to compensation.
The union council may, for the performance of his duties, take advice from any person of his choice. It may also, on a particular issue, ask technical advice to any professional specialty.
The expenses necessary for the execution of the mission of the union council are common administrative expenses. They are supported by the union and paid by the trustee.
Article 30 – The trustee is the representative. The condominium. He is responsible for the administration of the condominium.
As trustee may be assumed by any natural or legal person. To be eligible, the person must meet or submit any personal, professional and financial guarantees required of a manager in this category.
The term of office of the trustee may not exceed three years and is renewable indefinitely. However, when it comes to a real estate developer, the term of office shall be determined by the regulations of condominium and can not go beyond thirty (30) years.
Under this decree, is considered as a property developer, who at the time of the formalities leading to the certificate of eligibility of the Common, and since obtaining the certificate, shall undertake to in all legal, administrative, financial resources for the realization of a real estate project.
Article 31 -.’s Contract term fixed trustee duration, date of effect, elements for determining the remuneration of the trustee, duties and conditions of carrying out its mission in accordance with the provisions of Articles 16, 17, 18 and 19 of August 13, 1984 lol.
The trustee agrees and dismisses the staff assigned to the maintenance and administration of the property and the conditions of work in accordance with the law and regulations governing the matter.
The General Assembly, on the recommendation of the trustee determines the number and type of jobs.
Article 32 – The Trustee shall establish and maintain a list of all owners of lots with an indication that they have, and all holders of rights referred to in this Order.; he mentions their civil as well as their actual or elected domicile state.
The trustee holds the archives of the union including an original or copy of all documents relevant to the building and the union. He has, in particular, the registers containing the minutes of the general meetings of owners and supporting documents and accounting records of the union, the building maintenance book and, if applicable, the technical diagnosis or all other documents of the union.
It delivers to beneficiaries copies or extracts, certified compliance, minutes of general meetings and annexes.
It gives the owner making the request, to the latter’s expense, a copy of the book building maintenance and, where appropriate, technical diagnosis mentioned in the second paragraph of this article.
It is held as provided by the condominium regulations, communicate periodically to all joint state of the payment of charges by owner and regulatory offenses condominium, state registrations mortgage taken.
Article 33. – In case of change of trustee, the transmission of documents and archives of the Union shall be accompanied by a properly trained for this purpose inventory. Copy of the inventory shall be given to the union council, if there is one. The outgoing trustee is accountable for its management and discharge it must be given by the union, after verification and approval of its accountability.
Article 34 -. For the execution of the estimated budget, the trustee sends to each owner, by letter, a notice stating the amount of the allowance payable.
For expenses not included in the estimated budget, the trustee sends to each owner, by letter, prior to the due date determined by the General Assembly decision, a notice stating the amount of the sum due and the object expenditure.
Article 35 -. When an emergency, the trustee shall proceed on its own initiative, execution of work necessary for the preservation of the building, it shall inform the owners and shall immediately convene a general meeting.
It may, in this case, for the opening of the site and its first supply, request payment of an allowance may not exceed one third of the amount of the estimate of the work.
Article 36 -. Any agreement between the union and the trustee, its employees, parents or relatives to the third degree inclusive, a person related to him or plaçage loving relationships or those of his spouse to the same degree, must be specially authorized by a decision of the general meeting.
It is the same agreements between the union and a company with the persons mentioned in the preceding paragraph are owners or have an interest in the capital or in which they have the power of management or control, or of which they are employed or attendants; in a word for any situation involving a conflict of interests.
The trustee, when a corporation can not, without being specially authorized by a decision of the general assembly, contract on behalf of the union with a company that owns, directly or indirectly, an interest in the capital .
Article 37. – The trustee can not sue on behalf of the union without having been authorized by a resolution of the general meeting.
However, such authorization is not required for actions in debt for the conservation of the building or group of buildings or when there is an emergency.
In all cases, the trustee shall report to the next general meeting of legal actions brought in the fulfillment of its mandate.
Article 38 -. A connection with any litigation in which the Union is a party, the trustee shall notify each owner of the existence and purpose of the proceedings.
Pleadings are regularly served, as appropriate, the trustee or the application thereof.
Any decision shall be notified within one month of its delivery by the trustee or | provisional administrator appointed to all parties that they may refer to the Dean of the court within fifteen calendar days from such notification.
Article 39 -. The provisional budget covers an accounting period of twelve months. It is voted on before the beginning of the year to which it relates. It relates only to the building maintenance expenses.
The maintenance work is carried out maintenance work on in order to maintain the condition of the building or maintenance to prevent failure of a common item of equipment; they include minor repairs.
Are treated as maintenance work replacing common equipment items when the price of replacement is included in the lump sum contract or maintenance thereto.
Are also treated as periodic maintenance checks required by the regulations on the common equipment items. `
Article 40 -. Expenses are the costs to the owners, each for its share. The approval of the union’s accounts by the general meeting does not constitute an endorsement of the individual account of each of the joint owners.
The meaning and for | the application of the accounting rules of the union, are named:
1 “provisions on costs” amounts paid or to be paid pending the final balance which will result from the approval of the accounts of the union.;
“Advances” 2., Funds for by the building regulations or a decision of the General Meeting, to build up reserves, or that represent a debt union with owners or some of them. They are payable.
Article 41 -. Absence of Appointment of Trustee by the meeting of owners duly called for that purpose, the dean of the trial court of the jurisdiction where the property is situated appoints a temporary administrator by order, on application by a or more co-owners of one or more members of the union council, if one exists.
The same ordinance defines the mission of the receiver in accordance with the legislation governing the matter and building regulations.
The mission of the provisional administrator appointed by the chief judge stops right after the acceptance of his appointment by the trustee appointed by the general meeting.
Article 42 -. The provisional administrator shall send a copy of the co-owners or decisions and seal, if necessary, call the corresponding funds.
Article 43 -. Provisional administrator of the union realizes its mission by writing to the Dean within thirty (30) days following the end of its mandate and in any event at the end of its mission.
It submitted its report to the registry of the court who shall send a copy to the prosecutor of the court of first instance and the trustee appointed by the general meeting.
Article 44 -. Designated trustee informs owners by registered letter with acknowledgment of receipt or delivery against annotating letter, they can take note of the report of the provisional administrator in his office or any other place specified by the Assembly Generally, during working hours in the month. An excerpt of the report may be attached, if any, to the letter. A copy of all or part of the report may be sent by the trustee to owners who request it, at the expense of the latter.
. Article 45 – All disputes arising from | the application of the law of 13 August 1984 and of this Order within the jurisdiction of the Court of First Instance of the place of location of the property; except those relating to rent a lot or batch fraction incorporated into the condominium, for cases that fall specifically within the jurisdiction of the court of peace.
Article 46 -. This Order repeals that of August 28, 2009, be printed, published and executed at the behest of Ministers of Justice and Public Security, Economy and Finance, Interior and Territorial Communities , Trade and Industry, Public Works, Transport and Communications, and Social Affairs and Labour, each in what concerns.
Given at the National Palace in Port-au-Prince, December 15, 2011, the 208th Year of Independence.