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16 Rev. Juridica U. Inter. P.R. 227 (1981-1982)
The Horizontal Property Regime or Condominium System of Property in Puerto Rico and Louisiana: A Comparative Outlook

handle is hein.journals/vjuriprc16 and id is 255 raw text is: THE HORIZONTAL PROPERTY REGIME OR CONDOMINIUM SYSTEM OF PROPERTY IN PUERTO RICO AND LOUISIANA: A COMPARATIVE OUTLOOK Ennio M. Col6n Garcia* Introduction The horizontal property or condominium concept of property dates back to ancient cultures. However, in Louisiana2 and in Puerto Rico3 it is a statutory system of ownership of property of recent creation. Horizontal property has been defined as a voluntary and permanent community integrated by the buyers of apartments of an immovable subjected to legal norms in the enjoyment of their recorded rights and the fulfillment of their obligations. Other authors define it as a special type of property, established exclusively on apartment buildings, susceptible of independent enjoyment which vests upon the owner of an apartment an individual right of ownership on the same, in addition to a right of co-ownership, joint and inseparable from the remainder of the elements, appurtenances and services common to the immovable.5 Another definition of horizontal property * Profesor de la Facultad de Derecho de la Universidad Interamericana. 1. Sec note 11 and note 12, infra. 2. In Louisiana the first Horizontal Property Act was passed in 1962 by Acts No. 494, Sec. 1. 3. Puerto Rico was privileged to inherit the condominium concept through Article 396 after the Spanish Civil Code of 1889, later to become article 330 of the same code. But a truly comprehensive Horizontal Project Law was established by Act 104, June 25, 1958. See 31 L.P.R.A. sec. 1291 et seq. This new law was made part of the Civil Code under Book II on Property. 4. Mariano Snchez Roca, Leyes Civiles de Cuba y su Jurisprudencia, La Habana Cuba, 1954, Col. III, p. 615. 5. Jose Ram6n Vlez Torres, Lecciones del Derecho de Cosas, Editora Lawrence, Santo Domingo, 1977, p. 175. 227

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