This is a sample of the legal contract between co-owners of a Pura Fruta property.
It would be signed by all co-owners or their legal representatives, and notarized at an Costa Rican public notary to be legally binding. Pura Fruta XCOMMUNITY CONTRACTING the village of Hone Creek, Limon Province; county of Talamanca; country of Costa Rica; on the ____ day of ________ of the year two thousand twenty, appear [Names of co-owners and who they are legally represented by if not present]; those present are of legal age, mutually recognizing the legal capacity necessary and sufficient for the formalization of this act, MANIFESTING that it is the unanimous will of all those present, the constitution of a community of property, under the agreement which is solemnized by this document. The constitution and regime of this Community will be adjusted to the following clauses:
FIRST:CONTRIBUTORS.
- Intervening in the celebration of this act are: [Names, passportnumbers, nationality, and domicile of all co-owners and their legal representative if they are not present] who in future will be called co-owners, able and capable of celebrating all kinds of acts and contracts before the law.
SECOND.- BACKGROUND.
- By means of a public deed of sale concluded on the [Date of property purchase], before the [Name of Notary], First Public Notary of the canton Talamanca, of the province Limon, which is legally registered in the Registrar of properties as [Registry numbers and date], in the Registrar of Property and Mercantile of the Canton Talamanca, [Names of co-owners and their legal representatives if not present],acquired a lot of Rural land, known as “Pura Fruta X,” located in the Carbon 2 sector, canton Talamanca, province of Limon, whose boundaries are as follows: [Property boundaries including length of perimeter lines, compass bearings, and names of neighboring property owners]. with registry number [Cadastral identification code]. Having to clarify that the following individuals are owners of the rights and actions indicated of the said property in the percentages that are detailed here: [List of all co-owners and the percent share that they own in the property] JOE ANDREW SMITH 5% JANE MARIE DOE 5% Et cetera...
THIRD: CONTRACT.
- With this background and as it is the free and voluntary desire of the individuals: [Names of all co-owners and their legal representatives if not present], by means of this clause in accordance with the provisions of (TO BE REVISED)******ART 2204, 2205, 2206, 2207,2208, 2209, 2210, 2211, 2210 and following Paragraph 3. - Of the Community Agreement, of TITLE XXXII, of BOOK IV.- OF THE GENERAL OBLIGATIONS AND CONTRACTS of the Civil Code, decide to agree that the property described in the SECOND CLAUSE OFANTECEDENTS, is transformed into a community according to the regulation that is stated in the following clause.***** The Community Contract will be called "Pura Fruta X" "PFX" with an area of XX.XX hectares. It will have its domicile in the sector called Carbon 2, of the town of Hone Creek,of the Province of Limon of the county of Costa Rica.
FOURTH: CONSTITUTION AND LEGAL REGIME:
- The undersigned appearing, expressing their express and unanimous will, found and constitute the Community of Goods object of this contract; the appearing ones will be called co-owners or co-owners. The Community will be governed by the clauses of this contract of incorporation and, in what is not foreseen, by the provisions of (TO BE REVISED)*****Title III of Book II of the Civil Code. In what is notregulated, the provisions of Arts. 2204, 2205, 2206, 2207, 2208, 2209, 2210, 2211, 2210and following of Paragraph 3. - Of the Community Quasi-Contract, of TITLE XXXII, ofBOOK IV.- OF THE OBLIGATIONS IN GENERAL AND OF THE CONTRACTS OF THE BIL, in accordance with the following regulation:
REGULATION:
Article 1. Allocation and use of land
Article 2. Sale of Shares
Article 3. Miscellaneous Art.
Art 1.- Assignment and use of land Private areas of the community
(a) Each co-owner will receive an area to be considered his "private homestead lot". The lot will be designated by GPS points and a planimetric or plan survey made by a surveyor, architect or civil engineer, which will be reviewed by the gentlemen: Patrice Vincent, Irit Milos or Mindaugas Austinskas. Each co-owner will be allowed to access, live, develop, build and plant their private housing area, including all other typical activities of a residence and farm. They will also be allowed to access the part of the route necessary to access from the property boundary. The map will be delivered at the moment this document is signed, which will be part of this act.
(b) The co-owners themselves can live in their private lots.
(c) Co-owners may also extend the rights to members / residents / volunteers of the community to live in their homes and private areas, such as caregivers, workers, wardens, domestic employees, gardeners, etc., but prior to the preparation to a lease or any other contract that does not subject the co-owners of the community with obligations or responsibilities. The co-owners who contravenes this provision in a way that results in a lawsuit against the other members of the community, will have to personally pay the values demanded by the court, and an additional fine to the community for the value of USD.3,000; in case the court decides that all the co-owners have to pay the demanded values, the rest of the co-owners will have an action of reimbursement of what was paid against the co-owner that originated the problem.
(d) The co-owners may invite other persons (friends, family, etc.) to live temporarily in their home and private areas with the requirements indicated in literal of this article, but the access of these invited persons to other community areas will be with the authorization or permission of the community members that live in the community; the access of said people will be limited only to the area of housing and private areas of the co-owner who invited him/her and to the necessary access to reach the lot from the main road.
(e) The right of the co-owner to access, live, build, improve or perform other activities in any other part of the community areas that have not been assigned will depend on the consensus of all the other co-owners, with up to two possible objecting. If it is determined to be in violation of the provisions herein, the co-owner must cease and suspend activities in all other parts of the community within 30 days of receipt of the notification, and if they do not do so, they will pay a fine of $3,000 USD, which will be distributed to all other co-owners according to their percentage acquired in the community, in addition to leaving and ceasing immediately in all other parts of the community.
(f) Co-owners are free to develop their private housing area at their own will, but are required to maintain a general cleanliness / positive appearance of their home and assigned areas. Examples of bad appearances: significant deterioration of buildings, large piles of scrap or garbage, neglected / falling fences. If all other co-owners, with the permitted exception of 2, accept that said co-owner is violating this provision, the co-owner in question must take all the necessary measures to solve the problem within 90 days after the notification by email , telephone or postal mail. If the co-owner does not take action and does not solve the problem fast enough within 90 days after the problem arises, he will receive a fine of up to $ 1,000. The fine may be imposed with a maximum frequency of once per incident and twice a year. The other co-owners may decide to fine a lesser amount depending on the seriousness of the infraction, however, this will be at their sole discretion. In addition, in case the fine is paid and the other co-owners decide to use the funds to solve the problem or incident, the co-owner in question will grant permission to the other co-owners, and to the contractor(s) they may have selected, as well as the employee(s) of the contractor, to enter the private homestead lot and perform the necessary work.
(g) The co-owners have control over their housing and private assigned areas. However, they may not participate in activities that are significantly detrimental to the peace of life of other co-owners and residents. If all of the co-owners, except a maximum of two who may disagree, agree that there has been or there is a serious violation to what is agreed in this contract, the community member in question will first receive a written warning, and then, if the activity is not interrupted or the damage it is not corrected, the co-owner will receive a fine of $500 for each subsequent incident, with the payment of the fine received will be paid to the other co-owners. Only one fine per incident may be imposed, so if an incident qualifies as a transgression under both clauses (f) and (g), only one of the fines mentioned may be applied.
(h) If there is a water source, stream or water flow in the personal homestead lot of the co-owner, and if the co-owner uses it as a source of water for his lot and personal needs, the co-owner will grant access rights to the water in that flow to all other co-owners as long as there is enough water in the stream to first provide enough water to the co-owner. Access rights granted include rights to run a pipe or tube and install a reasonably-sized intake.
(I) If the co-owner does not use it as a source of water for his / her home and private area and personal needs, the co-owner will grant access to the water in that stream to all other co-owners, in case they decide to use it. Access rights granted include rights to run a pipe or tube and install a reasonable-sized intake.
(j)The co-owners must cede passage to other residents of the property and the employees of the community, in the case that there is a path indicated in the property map that crosses their private lot; also if there is a path that already exists on the property that is not indicated in the property map, and in this second case, only if the path is deemed by all co-owners with the possible exception of one, as critically important to transportation across the property. Even in the case of unanimity minus one, the administrator has the right to override or modify such a decision by the co-owners in order to protect the property rights of a dissenting co-owner.
(k) If the co-owner keeps domesticated animal(s) on their private lot, they are fully financially responsible for any damage the animal does on other private lots or on the community land. Co-owners are prohibited from keeping animals that create a noise nuisance for other owners: For example roosters, donkeys, dogs that bark frequently, etcetera. Co-owners that cannot prevent their animal from trespassing or damaging other private lots or community area after 2 warnings, will be fined $500 USD for each additional infraction plus the cost of any damage. Animal abuse is strictly forbidden, if the co-owners minus 2 agrees that an incident has taken place, the co-owner that has been found to create harm to any animal will be fined USD $500, the fine may be imposed with a maximum frequency of three times per incident and twice a year.
(l) All co-owners must attend the general meeting per month of their stay and 2 planting day per month. If a co-owner skips any general meeting or planting days for any reason, the other co-owners minus 2 can decide to fine the co-owner for USD $300. The fine can be imposed for a maximum of 3 times a year, afterwards the co-owners minus 2 are allowed to evict the person(s) if they wish to.
Access and property restriction
(a) Co-owners are prohibited from accessing any area of the community, except for their housing area, communal area or personal lot and the path to access it, if all other co-owners, with the possible exception of two, accept this prohibition. If a co-owner transgresses or commits this prohibition by continuing to live or accessing the non-permitted areas, he must be evicted, and also fined immediately with USD $1,000; and, in the case of recidivism, with a fine that will be USD. $10,000.
Forest Reserve
(a) Through this contract it is agreed that an area of X hectares will be considered a "Forest Reserve", the same that is delimited in the property map that is attached to this contract.
(b) The Area called Forest Reserve, will remain undeveloped and unplanted.
(c) An exception to clause of Forest Reserve of this section is the planting of hardwood canopy trees, or understory trees, in areas where primary forest trees have been previously cut down by previous owners. This is considered natural regeneration and restoration of the primary forest.
(d) No trees will be cut down and the wood will not be harvested in the "Forest Reserve" area. The co-owners who have cleared by themselves or authorized third parties the cutting of any tree more than 30 cm in diameter from the area of “forest reserve", without the permission of all the co-owners (with the possible exception of two) will be fined the amount USD 3,000 for each tree; if the cut trees have 60 cm or more in diameter, they will be fined USD 6,000 for each tree. If there are fallen trees due to the action of natural phenomena, old age, without human intervention of one or more co-owners or people invited by any of them, they will be collected and their wood used for improvements or constructions in the general communal areas.
Community area
(a) Any area of the community that is not an access path, a personal homestead lot, or the Natural Reserve Area, shall be considered a "Community Area". Co-owners may reside in the community area, but As described in clause 1.01 (e), they can also be banned from entering.
(b) The persons who are not co-owners, that is to say visitors, friends, relatives of the co-owners, will be allowed to reside in the area of the community, with the requirements established in literal (c) of Article 1, as long as their stay will not exceed 90 days. Their residence and permanence permit may be revoked at any time and for any reason, with the necessary quorum of all the co-owners except for two possible dissident co-owners. If this permission is revoked, they will be asked to leave the community area and not return, when they commit very serious acts such as: starting fights, having constant bad behavior, disrespecting other members of the community, residents, guests, visitors or friends, workers or employees, consuming drugs or alcohol, serious lack of order and cleanliness in their private and communal areas, immoral or obscene actions in the communal areas.
(c)
Art. 2. Sale of shares
2.01 Sale of rights and actions of the community only to approved buyers who will later become co-owners
(a) A co-owner may only sell his share of the shares he owns in the community to a person previously approved by all other co-owners (with one possible dissident and all others possibly in his favor).
(b) In the process of selling shares, the limit for a co-owner not to respond to a request to approve the consensus on a proposed sale, will be a period of 60 days counted after the delivery of the email to the address in this contract, informing them of the proposed sale. After that, it will be considered that the unresponsive co-owner "departs", and the sale can take place if all the other co-owners have given their consent or not.
(c) If a co-owner sells a part of his share that he owns in the community without having previously obtained the necessary permission as described in clause 2.01 literal (a) and2.01 (b) of this article, the seller shall pay a fine equivalent to USD 9,000.00, or the sale price of the share, or the original purchase price of the share, whichever is greater.
(d) If a co-owner officially announces to other co-owners of his community his desire and intention to sell his share, the other co-owners are obliged to publish an announcement, within 30 days after the announcement by email, on the website of Pura Fruta, the Facebook page of Pura Fruta, or other appropriate web media, if the examples mentioned above no longer represent this community, or if they are not accessible / editable by the community members of this community.
2.02 Minimum division of shares
(a) No action will be sold that is less than 5% of the property, without obtaining the permission of all other co-owner (with one possible dissident).
(b) If a co-owner sells a portion of less than 5% without obtaining the permission described in literal clause 2.02 of this article (a), he will be penalized with a fine equivalent to USD.9,000.00, or the sale price of the stock sold, whichever is greater.
2.03 Forced sale of shares in the community.
(a) The co-owners may force one or another co-owner to sell their shares they own in the community.
(b) This action may be taken if all the co-owner, with the possible exception of 2 dissenters, decide that a co-owner is extremely mentally unstable, or their actions are harmful or dangerous to the success of the project, and that other solutions that have been implemented to solve problems or controversies are impracticable or ineffective.
(c) The sale price must be at least 110% of the cost originally paid by the co-owner to buy the share, plus the value of any structure based on the documented construction costs and the general process of valuation of the land in the area. In case of a dispute or incident, a third-party professional appraiser will be included (chosen and paid by the co-owners who wish to force a co-owner to sell). Co-owners wishing to force the sale may choose between the price of the appraiser and the price suggested by them.
(d) The proceeds of the sale will be transferred to the previous shareholder, which in this case will be the previous seller within 60 days after the sale. The seller co-owner will be responsible for the bank transfer fees. The buyer who will also be a co-owner will be subject to all the provisions of this community regulation and will be responsible for all other costs related to the sale, including closing costs, administrative, notarial, legal expenses, etc.
(e) The municipality must obligatorily grant a power that includes the power to sell the shares acquired through purchase and carry out all the duties and obligations necessary to sell their shares in the community, which includes, among others, obtaining information from fiscal responsibility of the OECD of Costa Rica, authorizing in this sense: Patrice Vincent or Irit Milos, on condition and at any time that any of said persons has received written permission from all other owners with the possible exception of two dissidents, as described in the previous clauses, and under the condition that the sale price complies with the requirements of paragraph 2.03 (c) of this article.
Art. 3.-. Miscellaneous
4.01 No contact or lack of information
(a) For any clause of this contract that requires an agreement between the co-owners, the co-owner rescinds his right to vote on the matter if he does not respond to the request sent by email within 15 days or more. In this case, the co-owner who incurs in this infraction agrees to accept any decision that the rest of the co-owners adopt.
(b) The co-owner also certifies that the email address given and consigned in this contract is current, that checking it regularly is his own responsibility, and that, if he changes thee mail address, it is his own responsibility to notify the other co-owners.
(c) [List of email addresses of all co-owners]
4.02 Fines
(a) All fines in this contract, unless otherwise specified, will be paid to the other co-owners, distributed proportionally according to their participation in the community.
(b) All fines in this contract are priced in US dollars as of 2019. During the time a fine is requested, it will be re-priced at the current dollar value at the time, using the official consumer price index of the Government of the United States.
4.03 Cancellation of the contract
(a) By selling all of the shares of the community part, the outgoing co-owner will be released from this contract, and the contract will be considered null, with the exception of unpaid fines, which will continue to be obligatory, and except for " forced". clause of sale"2.03, the penalty of which will still apply if the co-owner sells all of his share of shares to a party that has not been approved by the other co-owners in accordance with the stipulations of section 2.03.
FIFTH: PURPOSE .- The purpose of this Community will be to develop housing for the co-owners, to develop permaculture, eco-technology, and improve the environment of the area and the region.
SIXTH: DURATION.- The Community is constituted for an indefinite duration.
SEVENTH: CONTRIBUTIONS AND CREATION OF INITIAL DEVELOPMENT FUND. .-Each one of the co-owners will have a share in the benefits and in the burdens derived from the common ownership of the Community, which will depend on the quota of participation that corresponds to each of them. There will be an initial development fund of USD $XXX.XXX, the participation in which is indicated below by the quantity of money. Whatever development funds are necessary after the $XXX.XXX is spent, will be determined solely by the following percents of ownership:
The following section will list the owners and their share of ownership.
a) JANE DOE, owner of 5% of the singular rights and actions, will contribute USD $X,XXX to the initial development fund, and 5% of whatever funds are necessary after the liquidation of said fund.
[Et cetera – continuing list of all current owners and their required contributions.]The economic contributions that may be necessary for the creation of other funds will be in proportion to the rights and actions that each co-owner possesses in the community.
EIGHTH.- Each co-owner is obliged, in front of the other co-owners, to refrain from carrying out activities or actions that could be harmful both for the common good and for the purpose or purpose of the Community and coexistence, by themselves or via an intermediary.
NINTH: RESPONSIBILITY OF THE CO-OWNERS OF THE UNIVERSAL POSSESSION.-Each of the co-owners are obliged to pay the debts of the common possession, as the heirsin the hereditary debts.
TENTH: DEBTS: In addition to the debts established in the Regulation that appears in this act, to the debts contracted in favor of the community during it, is not bound but the co-owner who contracted it, which will have action against the community for the reimbursement of those who would have paid for it.
If the debts have been contracted by the co-owners collectively, without expression of quotas, all of them, not having stipulated solidarity, are obliged to the creditor, in equal parts, except the right of each one against the others, so that what is paid is paid.
ELEVENTH: PAYMENTS IN CHARGE OF CO-OWNERS: Each co-owner owes the community what he / she gets out of it, including the ordinary interest of the common money that they would have used in their private businesses and is responsible even for the slight fault for any damage caused in common goods and businesses.
TWELFTH: CONTRIBUTIONS FOR WORKS AND REPAIRS.- Each co-owner must contribute financially to the works and repairs of the community following their contributions outlined in the clause
EVENTH: CONTRIBUTIONS AND CREATION OFINITIAL DEVELOPMENT FUND. In the case that a co-owner does not pay the amount that corresponds for the development and maintenance of the community, the co-owner will pay a fine of USD$5,000; the payment of the fine does not serve as the funds that correspond for the property development fund.
THIRTEENTH.- PARTITION OF THE PROFITS.- The profits of the common possession should be divided among the co-owners in proportion to their quotas.
FOURTEEN: LOANS OF THE COMMUNITY TO CO-OWNERS.- In the benefits in which the co-owners are bound among themselves, the insolvent fee will be imposed on the others.
FIFTEENTH: ADDRESS.- The Community will have its registered office in the sector of Talamanca. Alto in the town of ****, province of Limon, in the country of Costa Rica.
SIXTEENTH: ADMINISTRATION.- The co-proprietors in this act designate JOHN DOE as President of the Community; JANE DOE as Secretary; and, Irit Milos as Administrator.
SEVENTEENTH - The appointments related in the previous clause, will be renewable each period of 4 years, being the subsequent appointments subject to the rules foreseen in the constant regulation in this instrument.
EIGHTEENTH: MEETINGS AND COMMUNITY BOARD: The meetings or meetings of co-owners will be held every six months or in two periods in the same year, with the majority of the actions of the community. The decisions will be made according to the percentage of the actions that the co-owner maintains in the community, for which they will be notified by email or any other means 60 days in advance. The co-owner may be physically present or through a proxy or legal representative; And, co-owners can also participate in meetings or meetings by audio or video live from anywhere on the planet.
*****NINETEENTH.- Regarding the adoption of agreements, the rules established in the Civil Code will be followed, with the following exceptions:
(a) The unanimity of the authorization of all the co-owners in writing shall be required for the adoption of agreements relative to everything that implies alteration or modification of the common thing.
(b) For the acquisition of encumbrances, charges and debts of the community.
TWENTY-TWO: DISSOLUTION.- Regarding the finalization and division of the common things of the Community will be the provisions of the Civil Code, in its Article 2212 and 2213
TWENTY FIRST: ACCEPTANCE.- The participants in a completely free and voluntary manner accept the stipulations of this instrument to agree to their interests, which is binding and mandatory.
TWENTY SECOND: CONTROVERSIES.- In the event that controversies arise, the parties submit to the civil judges of this canton, as well as the Mediation procedure of the Judicial Branch of Limon province; and, to the respective judgement. For record the parties sign in triplicate this instrument of equal tenor and offer to recognize their signatures and rubrics before a notary public of the canton.
[Maps of private homestead lots and property]
It would be signed by all co-owners or their legal representatives, and notarized at an Costa Rican public notary to be legally binding. Pura Fruta XCOMMUNITY CONTRACTING the village of Hone Creek, Limon Province; county of Talamanca; country of Costa Rica; on the ____ day of ________ of the year two thousand twenty, appear [Names of co-owners and who they are legally represented by if not present]; those present are of legal age, mutually recognizing the legal capacity necessary and sufficient for the formalization of this act, MANIFESTING that it is the unanimous will of all those present, the constitution of a community of property, under the agreement which is solemnized by this document. The constitution and regime of this Community will be adjusted to the following clauses:
FIRST:CONTRIBUTORS.
- Intervening in the celebration of this act are: [Names, passportnumbers, nationality, and domicile of all co-owners and their legal representative if they are not present] who in future will be called co-owners, able and capable of celebrating all kinds of acts and contracts before the law.
SECOND.- BACKGROUND.
- By means of a public deed of sale concluded on the [Date of property purchase], before the [Name of Notary], First Public Notary of the canton Talamanca, of the province Limon, which is legally registered in the Registrar of properties as [Registry numbers and date], in the Registrar of Property and Mercantile of the Canton Talamanca, [Names of co-owners and their legal representatives if not present],acquired a lot of Rural land, known as “Pura Fruta X,” located in the Carbon 2 sector, canton Talamanca, province of Limon, whose boundaries are as follows: [Property boundaries including length of perimeter lines, compass bearings, and names of neighboring property owners]. with registry number [Cadastral identification code]. Having to clarify that the following individuals are owners of the rights and actions indicated of the said property in the percentages that are detailed here: [List of all co-owners and the percent share that they own in the property] JOE ANDREW SMITH 5% JANE MARIE DOE 5% Et cetera...
THIRD: CONTRACT.
- With this background and as it is the free and voluntary desire of the individuals: [Names of all co-owners and their legal representatives if not present], by means of this clause in accordance with the provisions of (TO BE REVISED)******ART 2204, 2205, 2206, 2207,2208, 2209, 2210, 2211, 2210 and following Paragraph 3. - Of the Community Agreement, of TITLE XXXII, of BOOK IV.- OF THE GENERAL OBLIGATIONS AND CONTRACTS of the Civil Code, decide to agree that the property described in the SECOND CLAUSE OFANTECEDENTS, is transformed into a community according to the regulation that is stated in the following clause.***** The Community Contract will be called "Pura Fruta X" "PFX" with an area of XX.XX hectares. It will have its domicile in the sector called Carbon 2, of the town of Hone Creek,of the Province of Limon of the county of Costa Rica.
FOURTH: CONSTITUTION AND LEGAL REGIME:
- The undersigned appearing, expressing their express and unanimous will, found and constitute the Community of Goods object of this contract; the appearing ones will be called co-owners or co-owners. The Community will be governed by the clauses of this contract of incorporation and, in what is not foreseen, by the provisions of (TO BE REVISED)*****Title III of Book II of the Civil Code. In what is notregulated, the provisions of Arts. 2204, 2205, 2206, 2207, 2208, 2209, 2210, 2211, 2210and following of Paragraph 3. - Of the Community Quasi-Contract, of TITLE XXXII, ofBOOK IV.- OF THE OBLIGATIONS IN GENERAL AND OF THE CONTRACTS OF THE BIL, in accordance with the following regulation:
REGULATION:
Article 1. Allocation and use of land
Article 2. Sale of Shares
Article 3. Miscellaneous Art.
Art 1.- Assignment and use of land Private areas of the community
(a) Each co-owner will receive an area to be considered his "private homestead lot". The lot will be designated by GPS points and a planimetric or plan survey made by a surveyor, architect or civil engineer, which will be reviewed by the gentlemen: Patrice Vincent, Irit Milos or Mindaugas Austinskas. Each co-owner will be allowed to access, live, develop, build and plant their private housing area, including all other typical activities of a residence and farm. They will also be allowed to access the part of the route necessary to access from the property boundary. The map will be delivered at the moment this document is signed, which will be part of this act.
(b) The co-owners themselves can live in their private lots.
(c) Co-owners may also extend the rights to members / residents / volunteers of the community to live in their homes and private areas, such as caregivers, workers, wardens, domestic employees, gardeners, etc., but prior to the preparation to a lease or any other contract that does not subject the co-owners of the community with obligations or responsibilities. The co-owners who contravenes this provision in a way that results in a lawsuit against the other members of the community, will have to personally pay the values demanded by the court, and an additional fine to the community for the value of USD.3,000; in case the court decides that all the co-owners have to pay the demanded values, the rest of the co-owners will have an action of reimbursement of what was paid against the co-owner that originated the problem.
(d) The co-owners may invite other persons (friends, family, etc.) to live temporarily in their home and private areas with the requirements indicated in literal of this article, but the access of these invited persons to other community areas will be with the authorization or permission of the community members that live in the community; the access of said people will be limited only to the area of housing and private areas of the co-owner who invited him/her and to the necessary access to reach the lot from the main road.
(e) The right of the co-owner to access, live, build, improve or perform other activities in any other part of the community areas that have not been assigned will depend on the consensus of all the other co-owners, with up to two possible objecting. If it is determined to be in violation of the provisions herein, the co-owner must cease and suspend activities in all other parts of the community within 30 days of receipt of the notification, and if they do not do so, they will pay a fine of $3,000 USD, which will be distributed to all other co-owners according to their percentage acquired in the community, in addition to leaving and ceasing immediately in all other parts of the community.
(f) Co-owners are free to develop their private housing area at their own will, but are required to maintain a general cleanliness / positive appearance of their home and assigned areas. Examples of bad appearances: significant deterioration of buildings, large piles of scrap or garbage, neglected / falling fences. If all other co-owners, with the permitted exception of 2, accept that said co-owner is violating this provision, the co-owner in question must take all the necessary measures to solve the problem within 90 days after the notification by email , telephone or postal mail. If the co-owner does not take action and does not solve the problem fast enough within 90 days after the problem arises, he will receive a fine of up to $ 1,000. The fine may be imposed with a maximum frequency of once per incident and twice a year. The other co-owners may decide to fine a lesser amount depending on the seriousness of the infraction, however, this will be at their sole discretion. In addition, in case the fine is paid and the other co-owners decide to use the funds to solve the problem or incident, the co-owner in question will grant permission to the other co-owners, and to the contractor(s) they may have selected, as well as the employee(s) of the contractor, to enter the private homestead lot and perform the necessary work.
(g) The co-owners have control over their housing and private assigned areas. However, they may not participate in activities that are significantly detrimental to the peace of life of other co-owners and residents. If all of the co-owners, except a maximum of two who may disagree, agree that there has been or there is a serious violation to what is agreed in this contract, the community member in question will first receive a written warning, and then, if the activity is not interrupted or the damage it is not corrected, the co-owner will receive a fine of $500 for each subsequent incident, with the payment of the fine received will be paid to the other co-owners. Only one fine per incident may be imposed, so if an incident qualifies as a transgression under both clauses (f) and (g), only one of the fines mentioned may be applied.
(h) If there is a water source, stream or water flow in the personal homestead lot of the co-owner, and if the co-owner uses it as a source of water for his lot and personal needs, the co-owner will grant access rights to the water in that flow to all other co-owners as long as there is enough water in the stream to first provide enough water to the co-owner. Access rights granted include rights to run a pipe or tube and install a reasonably-sized intake.
(I) If the co-owner does not use it as a source of water for his / her home and private area and personal needs, the co-owner will grant access to the water in that stream to all other co-owners, in case they decide to use it. Access rights granted include rights to run a pipe or tube and install a reasonable-sized intake.
(j)The co-owners must cede passage to other residents of the property and the employees of the community, in the case that there is a path indicated in the property map that crosses their private lot; also if there is a path that already exists on the property that is not indicated in the property map, and in this second case, only if the path is deemed by all co-owners with the possible exception of one, as critically important to transportation across the property. Even in the case of unanimity minus one, the administrator has the right to override or modify such a decision by the co-owners in order to protect the property rights of a dissenting co-owner.
(k) If the co-owner keeps domesticated animal(s) on their private lot, they are fully financially responsible for any damage the animal does on other private lots or on the community land. Co-owners are prohibited from keeping animals that create a noise nuisance for other owners: For example roosters, donkeys, dogs that bark frequently, etcetera. Co-owners that cannot prevent their animal from trespassing or damaging other private lots or community area after 2 warnings, will be fined $500 USD for each additional infraction plus the cost of any damage. Animal abuse is strictly forbidden, if the co-owners minus 2 agrees that an incident has taken place, the co-owner that has been found to create harm to any animal will be fined USD $500, the fine may be imposed with a maximum frequency of three times per incident and twice a year.
(l) All co-owners must attend the general meeting per month of their stay and 2 planting day per month. If a co-owner skips any general meeting or planting days for any reason, the other co-owners minus 2 can decide to fine the co-owner for USD $300. The fine can be imposed for a maximum of 3 times a year, afterwards the co-owners minus 2 are allowed to evict the person(s) if they wish to.
Access and property restriction
(a) Co-owners are prohibited from accessing any area of the community, except for their housing area, communal area or personal lot and the path to access it, if all other co-owners, with the possible exception of two, accept this prohibition. If a co-owner transgresses or commits this prohibition by continuing to live or accessing the non-permitted areas, he must be evicted, and also fined immediately with USD $1,000; and, in the case of recidivism, with a fine that will be USD. $10,000.
Forest Reserve
(a) Through this contract it is agreed that an area of X hectares will be considered a "Forest Reserve", the same that is delimited in the property map that is attached to this contract.
(b) The Area called Forest Reserve, will remain undeveloped and unplanted.
(c) An exception to clause of Forest Reserve of this section is the planting of hardwood canopy trees, or understory trees, in areas where primary forest trees have been previously cut down by previous owners. This is considered natural regeneration and restoration of the primary forest.
(d) No trees will be cut down and the wood will not be harvested in the "Forest Reserve" area. The co-owners who have cleared by themselves or authorized third parties the cutting of any tree more than 30 cm in diameter from the area of “forest reserve", without the permission of all the co-owners (with the possible exception of two) will be fined the amount USD 3,000 for each tree; if the cut trees have 60 cm or more in diameter, they will be fined USD 6,000 for each tree. If there are fallen trees due to the action of natural phenomena, old age, without human intervention of one or more co-owners or people invited by any of them, they will be collected and their wood used for improvements or constructions in the general communal areas.
Community area
(a) Any area of the community that is not an access path, a personal homestead lot, or the Natural Reserve Area, shall be considered a "Community Area". Co-owners may reside in the community area, but As described in clause 1.01 (e), they can also be banned from entering.
(b) The persons who are not co-owners, that is to say visitors, friends, relatives of the co-owners, will be allowed to reside in the area of the community, with the requirements established in literal (c) of Article 1, as long as their stay will not exceed 90 days. Their residence and permanence permit may be revoked at any time and for any reason, with the necessary quorum of all the co-owners except for two possible dissident co-owners. If this permission is revoked, they will be asked to leave the community area and not return, when they commit very serious acts such as: starting fights, having constant bad behavior, disrespecting other members of the community, residents, guests, visitors or friends, workers or employees, consuming drugs or alcohol, serious lack of order and cleanliness in their private and communal areas, immoral or obscene actions in the communal areas.
(c)
Art. 2. Sale of shares
2.01 Sale of rights and actions of the community only to approved buyers who will later become co-owners
(a) A co-owner may only sell his share of the shares he owns in the community to a person previously approved by all other co-owners (with one possible dissident and all others possibly in his favor).
(b) In the process of selling shares, the limit for a co-owner not to respond to a request to approve the consensus on a proposed sale, will be a period of 60 days counted after the delivery of the email to the address in this contract, informing them of the proposed sale. After that, it will be considered that the unresponsive co-owner "departs", and the sale can take place if all the other co-owners have given their consent or not.
(c) If a co-owner sells a part of his share that he owns in the community without having previously obtained the necessary permission as described in clause 2.01 literal (a) and2.01 (b) of this article, the seller shall pay a fine equivalent to USD 9,000.00, or the sale price of the share, or the original purchase price of the share, whichever is greater.
(d) If a co-owner officially announces to other co-owners of his community his desire and intention to sell his share, the other co-owners are obliged to publish an announcement, within 30 days after the announcement by email, on the website of Pura Fruta, the Facebook page of Pura Fruta, or other appropriate web media, if the examples mentioned above no longer represent this community, or if they are not accessible / editable by the community members of this community.
2.02 Minimum division of shares
(a) No action will be sold that is less than 5% of the property, without obtaining the permission of all other co-owner (with one possible dissident).
(b) If a co-owner sells a portion of less than 5% without obtaining the permission described in literal clause 2.02 of this article (a), he will be penalized with a fine equivalent to USD.9,000.00, or the sale price of the stock sold, whichever is greater.
2.03 Forced sale of shares in the community.
(a) The co-owners may force one or another co-owner to sell their shares they own in the community.
(b) This action may be taken if all the co-owner, with the possible exception of 2 dissenters, decide that a co-owner is extremely mentally unstable, or their actions are harmful or dangerous to the success of the project, and that other solutions that have been implemented to solve problems or controversies are impracticable or ineffective.
(c) The sale price must be at least 110% of the cost originally paid by the co-owner to buy the share, plus the value of any structure based on the documented construction costs and the general process of valuation of the land in the area. In case of a dispute or incident, a third-party professional appraiser will be included (chosen and paid by the co-owners who wish to force a co-owner to sell). Co-owners wishing to force the sale may choose between the price of the appraiser and the price suggested by them.
(d) The proceeds of the sale will be transferred to the previous shareholder, which in this case will be the previous seller within 60 days after the sale. The seller co-owner will be responsible for the bank transfer fees. The buyer who will also be a co-owner will be subject to all the provisions of this community regulation and will be responsible for all other costs related to the sale, including closing costs, administrative, notarial, legal expenses, etc.
(e) The municipality must obligatorily grant a power that includes the power to sell the shares acquired through purchase and carry out all the duties and obligations necessary to sell their shares in the community, which includes, among others, obtaining information from fiscal responsibility of the OECD of Costa Rica, authorizing in this sense: Patrice Vincent or Irit Milos, on condition and at any time that any of said persons has received written permission from all other owners with the possible exception of two dissidents, as described in the previous clauses, and under the condition that the sale price complies with the requirements of paragraph 2.03 (c) of this article.
Art. 3.-. Miscellaneous
4.01 No contact or lack of information
(a) For any clause of this contract that requires an agreement between the co-owners, the co-owner rescinds his right to vote on the matter if he does not respond to the request sent by email within 15 days or more. In this case, the co-owner who incurs in this infraction agrees to accept any decision that the rest of the co-owners adopt.
(b) The co-owner also certifies that the email address given and consigned in this contract is current, that checking it regularly is his own responsibility, and that, if he changes thee mail address, it is his own responsibility to notify the other co-owners.
(c) [List of email addresses of all co-owners]
4.02 Fines
(a) All fines in this contract, unless otherwise specified, will be paid to the other co-owners, distributed proportionally according to their participation in the community.
(b) All fines in this contract are priced in US dollars as of 2019. During the time a fine is requested, it will be re-priced at the current dollar value at the time, using the official consumer price index of the Government of the United States.
4.03 Cancellation of the contract
(a) By selling all of the shares of the community part, the outgoing co-owner will be released from this contract, and the contract will be considered null, with the exception of unpaid fines, which will continue to be obligatory, and except for " forced". clause of sale"2.03, the penalty of which will still apply if the co-owner sells all of his share of shares to a party that has not been approved by the other co-owners in accordance with the stipulations of section 2.03.
FIFTH: PURPOSE .- The purpose of this Community will be to develop housing for the co-owners, to develop permaculture, eco-technology, and improve the environment of the area and the region.
SIXTH: DURATION.- The Community is constituted for an indefinite duration.
SEVENTH: CONTRIBUTIONS AND CREATION OF INITIAL DEVELOPMENT FUND. .-Each one of the co-owners will have a share in the benefits and in the burdens derived from the common ownership of the Community, which will depend on the quota of participation that corresponds to each of them. There will be an initial development fund of USD $XXX.XXX, the participation in which is indicated below by the quantity of money. Whatever development funds are necessary after the $XXX.XXX is spent, will be determined solely by the following percents of ownership:
The following section will list the owners and their share of ownership.
a) JANE DOE, owner of 5% of the singular rights and actions, will contribute USD $X,XXX to the initial development fund, and 5% of whatever funds are necessary after the liquidation of said fund.
[Et cetera – continuing list of all current owners and their required contributions.]The economic contributions that may be necessary for the creation of other funds will be in proportion to the rights and actions that each co-owner possesses in the community.
EIGHTH.- Each co-owner is obliged, in front of the other co-owners, to refrain from carrying out activities or actions that could be harmful both for the common good and for the purpose or purpose of the Community and coexistence, by themselves or via an intermediary.
NINTH: RESPONSIBILITY OF THE CO-OWNERS OF THE UNIVERSAL POSSESSION.-Each of the co-owners are obliged to pay the debts of the common possession, as the heirsin the hereditary debts.
TENTH: DEBTS: In addition to the debts established in the Regulation that appears in this act, to the debts contracted in favor of the community during it, is not bound but the co-owner who contracted it, which will have action against the community for the reimbursement of those who would have paid for it.
If the debts have been contracted by the co-owners collectively, without expression of quotas, all of them, not having stipulated solidarity, are obliged to the creditor, in equal parts, except the right of each one against the others, so that what is paid is paid.
ELEVENTH: PAYMENTS IN CHARGE OF CO-OWNERS: Each co-owner owes the community what he / she gets out of it, including the ordinary interest of the common money that they would have used in their private businesses and is responsible even for the slight fault for any damage caused in common goods and businesses.
TWELFTH: CONTRIBUTIONS FOR WORKS AND REPAIRS.- Each co-owner must contribute financially to the works and repairs of the community following their contributions outlined in the clause
EVENTH: CONTRIBUTIONS AND CREATION OFINITIAL DEVELOPMENT FUND. In the case that a co-owner does not pay the amount that corresponds for the development and maintenance of the community, the co-owner will pay a fine of USD$5,000; the payment of the fine does not serve as the funds that correspond for the property development fund.
THIRTEENTH.- PARTITION OF THE PROFITS.- The profits of the common possession should be divided among the co-owners in proportion to their quotas.
FOURTEEN: LOANS OF THE COMMUNITY TO CO-OWNERS.- In the benefits in which the co-owners are bound among themselves, the insolvent fee will be imposed on the others.
FIFTEENTH: ADDRESS.- The Community will have its registered office in the sector of Talamanca. Alto in the town of ****, province of Limon, in the country of Costa Rica.
SIXTEENTH: ADMINISTRATION.- The co-proprietors in this act designate JOHN DOE as President of the Community; JANE DOE as Secretary; and, Irit Milos as Administrator.
SEVENTEENTH - The appointments related in the previous clause, will be renewable each period of 4 years, being the subsequent appointments subject to the rules foreseen in the constant regulation in this instrument.
EIGHTEENTH: MEETINGS AND COMMUNITY BOARD: The meetings or meetings of co-owners will be held every six months or in two periods in the same year, with the majority of the actions of the community. The decisions will be made according to the percentage of the actions that the co-owner maintains in the community, for which they will be notified by email or any other means 60 days in advance. The co-owner may be physically present or through a proxy or legal representative; And, co-owners can also participate in meetings or meetings by audio or video live from anywhere on the planet.
*****NINETEENTH.- Regarding the adoption of agreements, the rules established in the Civil Code will be followed, with the following exceptions:
(a) The unanimity of the authorization of all the co-owners in writing shall be required for the adoption of agreements relative to everything that implies alteration or modification of the common thing.
(b) For the acquisition of encumbrances, charges and debts of the community.
TWENTY-TWO: DISSOLUTION.- Regarding the finalization and division of the common things of the Community will be the provisions of the Civil Code, in its Article 2212 and 2213
TWENTY FIRST: ACCEPTANCE.- The participants in a completely free and voluntary manner accept the stipulations of this instrument to agree to their interests, which is binding and mandatory.
TWENTY SECOND: CONTROVERSIES.- In the event that controversies arise, the parties submit to the civil judges of this canton, as well as the Mediation procedure of the Judicial Branch of Limon province; and, to the respective judgement. For record the parties sign in triplicate this instrument of equal tenor and offer to recognize their signatures and rubrics before a notary public of the canton.
[Maps of private homestead lots and property]
