Living in Costa Rica has a myriad of advantages, but it also bears some problems and limitations. The idea is to optimize the correct operation, striving for ideal harmony among persons living within the condominiums or HOA’s.
• Associations choose from among the services available, and enter into a contract with the manager describing the scope of work. • The management contract should also include the fee, the duration of management agreement, and the circumstances under which the arrangement can be terminated early. • Some governing documents limit the duration of management agreements, or require specific early termination provisions. • While the law allows almost any association function to be delegated to a professional manager, most governing documents list certain association functions that cannot be delegated. • Non-delegable functions typically include borrowing money, levying assessments, making capital expenditures in excess of budgeted amounts, and imposing discipline for violation of governing documents. • Regardless of what functions are delegated and regardless of the content of the management agreement, the Board retains the duty to supervise the manager and the authority to override any decision.
