Junta de Vecinos? Legal nature?

[gringosabroso]

I recently joined a "Junta de Vecinos" , containing many landowners in the subdivision where I reside; my questions:
* What is the DR legal nature of the junta? Corporation? Not profit entity? Sui generis?

* Need a junta register with the DR Government? Paperwork? Costs? Frequency?

* Does the Junta have 'articles of organization'? Like USA corps.

* Does the Junta have by 'By-Laws'? Like USA corps.

* Are there DR laws applicable to all juntas? References to the actual text.

* Do all juntas have mandatory officers? What? Board of directors?

Thank you. Suggestions? Available resources?

[donluis99]

additional, what real authority does a "junta de vecino" weild over the neighborhood and its residents, or is always voluntary.

Can a "junta de vecino" control access to a public through road that passes thru the neighborhood?

[J D Sauser]

Originally Posted by donluis99

additional, what real authority does a "junta de vecino" weild over the neighborhood and its residents, or is always voluntary.

Can a "junta de vecino" control access to a public through road that passes thru the neighborhood?

I am looking forward reading Maitre Guzman's opinion on this.
But so far, this is some what I have seen or observed going on:
Some developments have plot buyers sign a contract in which the buyer recognizes the existence of a HOA and rules. In some cases the HOA is not really formed and the buyer is asked to sign a statement in which he acknowledges that there WILL eventually be such an organization and HOA/community fees. I do not know if the contract becomes integral part of the deed, so that, once the initial buyer decides to sell, the transaction to the new buyer can't be legalized until the new buyer accepts the authority of the HOA and it's rules (?). In the States, to mention an example, such can become integral part of the deed.

In my time in Spain, when I was involved in developments there, I've seen beautiful developments fail or deteriorate almost from scratch, because developers failed to form binding HOA's BEFORE starting to sell. It is almost impossible to gain a 100% consensus from all owners afterward to create such binding governing body.

I see some voluntary HOA's operating with mixed results within some town neighborhoods too.

... J-D.

[Chip]

From what I have seen, juntas don't seem to have a lot of legal power, but then again do they need it? Unlike in the US, Doms know their neighbors and are generally friendly with them. Therefore, if one ignores the wishes of one's neighbors, don't expect someone to come a running when there is trouble, such as a break in. Also, believe it or not there are a lot of laws in the DR, such as prohibiting too loud of music. People who upset their neighbors doing such things will more than likely receive a vist from a polica captian who has decided to enforce this particular law.

Furthermore, the juntas while they may not have a lot of laws recorded tghat must be complied with, there is typically a registry in the local governmet where they are registered, and for whatever reason this helps a great deal when negotiating with the variois public utilities and works departments to get things done.

[Lambada]

Would I be correct, Dr. Guzman, in thinking that Junta de Vecinos are covered by Ley 520 of 1920 which set down all the required formalities? This may have been amended subsequently but gringosabroso would probably know this because he used to be an attorney (& I never have been). They are considered to be organisations 'sin fines de lucro' & operate by mandate from the Executive Power as long as they are formally constituted and incorporated. A Supreme Court ruling in 2004 puts them inside the legal system
'Considerando, que las denominadas organizaciones comunitarias están consideradas dentro de nuestro sistema jurídico como asociaciones sin fines de lucro y por lo tanto para que puedan adquirir su personería jurídica deben estar sujetas al cumplimiento de las formalidades establecidas por la Ley No. 520 de 1920 sobre asociaciones que no tengan por objeto un beneficio pecuniario, y esta ley les concede a estas entidades la prerrogativa de la personalidad jurídica que las convierte en titulares de derechos y les permite ejercerlos, siempre que estén formalmente constituidas e incorporadas por decreto del Poder Ejecutivo'.
I was present when the new committee of our Junta de Vecinos was sworn in and asked why the oath etc.

JDSauser mentions HOAs which I assume is a Home Owners Association? I think Junta de Vecinos cover people living in the area covered by the Junta, whether they are owners or not but I'm sure Dr. Guzman will clarify. I had always thought that Condominium Owners & Home Owners Committees were a slightly different sort of animal to Juntas de Vecinos.

Anyone wanting to read the Supreme Court ruling - it's here:
Consulta Sentencias SCJ.
I find that Consulta Sentencias de la Suprema Corte de Justicia a really useful reference on all sorts of things.

[BushBaby]

Anyone know how I can turn Google search into an aphrodisiac????
Jings, how does she find all this stuff out so easily?
Must be the reporter/writer instinct in her!! ~ Grahame.

[J D Sauser]

Originally Posted by Lambada

...

JDSauser mentions HOAs which I assume is a Home Owners Association? I think Junta de Vecinos cover people living in the area covered by the Junta, whether they are owners or not but I'm sure Dr. Guzman will clarify. I had always thought that Condominium Owners & Home Owners Committees were a slightly different sort of animal to Juntas de Vecinos.
...

Yes Mam, HOA = Home Owner Association, which in most cases have binding authority in condominium situations, like apartment buildings and private developments which share common (condominium) grounds like green areas, community pool and tennis courts etc.
Dominican "Juntas de Vecino" may indeed just be the organization of caring neighbors (neighborhood watch, beautification committee, etc). I know that your neighborhood has a "Junta" with or in its (own?) building. So does the "greater" neighborhood of where I live, and I don't know that ours here would indeed have any legal authority (how about yours?), while the HOA that governs the 6 homes of the private development where I live, still calls itself a... "Junta de vecinos" and likes to be seen as the highest authority after "El Senor", while I have yet to see any papers or records of filings with the law, they seem to have had buyers to sign off on some "rules and regulations". Can this be forced on to following buyers if the seller fails to have them sign off on these rules (?), I would be tempted to doubt it (la cosa esta es casimente un chin mas o menos, tu sabe ).

I have looked at "solares" (building plots) inside some newer private developments and some do indeed try to force buyers to signe off on the fact that there IS or will be an HOA ("administracion").

Others like Puerto Chiquito have apparently completely failed to create such body at time of the creation of the project. Now, in this particular case, you find at least two parties who try to impose themselves as HOA's: the larger one claimed to already represent a total of a whooping 5 (yes FIVE) members . The result or lack thereof, as I pointed out with the example of similar situations I had to battle in Spain, is mostly a sorry one (one thing potential buyers should keep in mind).

I hope F. Guzman will soon help shed some light into all this.

... J-D.

[Fabio J. Guzman]

You have to differentiate between a condominium legal structure and the "juntas de vecinos.”

With a condo structure, which can be applicable to an apartment building as well as to a subdivision, you have several persons owning 100% of their private unit or lot or home, who at the same time are co-owners of common areas or facilities. Law 5038 of 1958 and its recent amendments in Law #108-05, provide mechanisms whereby the condo can be managed and recalcitrant owners can be sanctioned. The condominium becomes a legal entity automatically once it is formed according to the established procedure.

“Junta de Vecinos” usually exist in subdivisions or “barrios.” The main differences with condos are:
(a) There is no legal co-ownership of common areas or facilities.
(b) The Junta de Vecinos is not a legal entity unless it incorporates as an NGO, pursuant to Law #122-05 which replaced the old Law #520 of 1920.
(c) The Junta de Vecinos lacks sanctioning power unless the owner has been bound by contract to accept it.

[J D Sauser]

Originally Posted by Fabio J. Guzman

You have to differentiate between a condominium legal structure from and the "juntas de vecinos.”

With a condo structure, which can be applicable to an apartment building as well as to a subdivision, you have several persons owning 100% of their private unit or lot or home, who at the same time are co-owners of common areas or facilities. Law 5038 of 1958 and its recent amendments in Law #108-05, provide mechanisms whereby the condo can be managed and recalcitrant owners can be sanctioned. The condominium becomes a legal entity automatically once it is formed according to the established procedure.

“Junta de Vecinos” usually exist in subdivisions or “barrios.” The main differences with condos are:
(a) There is no legal co-ownership of common areas or facilities.
(b) The Junta de Vecinos is not a legal entity unless it incorporates as an NGO, pursuant to Law #122-05 which replaced the old Law #520 of 1920.
(c) The Junta de Vecinos lacks sanctioning power unless the owner has been bound by contract to accept it.

Thanks Sr. Guzman.
Could you just clarify 2 points:

1) You mention condominium legal structures (legally binding HOA) for apartments and subdivisions (or private developments), what's is the legal term in Spanish this body?
2) As to your (c) on "Juntas de Vecinos"; if an 1st buyer/owner DID indeed sign a contract accepting the authority of the Junta, could he or could he not sell the property without having the new owner sign off on this agreement? What happens then? The Junta gradually looses it's authority?

Thanks! .. J-D.

[Lambada]

Originally Posted by J D Sauser

I know that your neighborhood has a "Junta" with or in its (own?) building. So does the "greater" neighborhood of where I live, and I don't know that ours here would indeed have any legal authority (how about yours?) ... J-D.

Yes JD our Junta is incorporated, all done properly (as you might expect knowing who some of the folk who live here are). Use of the building was gifted I believe. Modus operandi is working on a consensus model (& exerting pressure on Ayuntamiento when needed). Apart from meetings of whole Junta, it is also organised on a smaller basis to cover 2 streets at a time, each with its own representative who reports back from the smaller meetings to the main committee. We get typed informational bulletins delivered to each house when there is something to report. We also have a list of all the officers of the committee, their phone numbers etc. Very well organised, done in a pleasant manner, most impressive.