On December 2 and 3 of 2010, the Municipality fo Vieques held two meetings for property owners of the Santa María and Bravos de Boston sectors in Vieques. This post includes the essence of the information presented at these meetings.
I first present a brief background.
The individual properties on these sectors are mostly not recorded at the Puerto Rico Property Registry. Accordingly, certain deeds were executed whereby individuals were recognized as the title holders for these properties. Under regulations which existed at the time, the deeds contain certain clauses which mandate that the title holders cannot sell or transfer their properties within a period of 5 years, noting that some deeds contain a longer period of 15 years. If the title holder wants to sell the property within the restrictive period stated in the deed, the person would have to notify the Municipality and pay a penalty as a condition precedent to the transaction. Moreover, I am aware of at least one instance in which a mortgage company concluded that such a penalty had to be paid as a condition precedent to issuing the mortgage. I am also aware of another instance in which such a requirement was not demanded, and the mortgage was approved and disbursed notwithstanding the restriction.
At the meetings held yesterday and today, the Municipality announced that beginning on January of 2011, it would not enforce such restrictions and will not be demanding payment of the penalties as a condition to sales, transfers, mortgages or the like. Accordingly, title holders will be free to transfer or mortgage their properties without having to request a waiver or authorization from the Municipality.
The Municipality also announced at the meetings, that it will start to perform certain tasks conducive to granting titles in the future, including the engagement of a surveyor and an appraiser, as conditions precedent to entering into a title recognition process. Perhaps it is too early for the Municipality to disclose the conditions under which it will be granting the recognitions of titles.
There are a couple of items I want you to have in mind on this subject.
First, Villa Borinquen or other sectors of Vieques were not mentioned at the meetings.
Additionally, there are certain “procedures” the Municipality will most likely have to execute and comply with to bring these concessions to fruition. Since the sales restrictions and penalties were established through regulations, the Municipal Assembly will have to (or must have) approved a regulation consistent with the concessions being announced. Another regulation will be required for the title process, which means that I expect the Administration to be working on those as well.
Once we ascertain that the regulations come into effect, I will notify you through this blog.
As a final note, please remember that you are invited to post comments or questions. I will promptly rely to them, if needed, to the best of my abilities and subject to the legal notices/disclosures applicable for this blog. Also, remember that you may share this article through Facebook or Twitter, and that you are invited to forward the article as you deem best.
Here is an important announcement from Barbara Hyland, President of the Trust.
Besides offering a timely opportunity for your Christmas shopping, I love the announcement of a program for children to enjoy the beauty of Vieques guided by Captain Mark Martin.
Dear Members and Friends
The Gift shop at the Vieques Conservation and Historical Trust is making some room for some exciting new products so we are having a sale this week…Up to 50% off on some items. Most everything else is 20% off. Only until Sunday Dec 4th. Good opportunity for some Christmas shopping…
Every purchase at the Gift Shop is a donation to help support programs at the Trust — like the MANTA environmental education, the Scholarship program and the new Bioluminescent Bay monitoring program.
We have the dates for the MANTAstic environmental learning experience for young visitors to Vieques: December 22, 29 and 30. Also January 3,4. The program will start at 9 am and run until 2 pm. Each session we will accept up to a maximum of 10 kids 8-15 years old — but they must be good swimmers. They are going to be working with Captain Mark Martin who will be performing his usual magic with the young people. There will be kayaking and snorkeling, collecting and releasing marine creatures and other adventures. Watch Captain Mark catch a lionfish! As part of the registration each student will receive a special glow in the dark MANTA t-shirt and book on Vieques flora and fauna.
The cost will be $100 per student, per day ($70 and a donation of $30 towards the regular MANTA program). Children can attend one or more days.
Registration must be at least 3 days before the program date (earlier if you want to be sure of a place) and kids should bring: Hat, sunblock, water, comfortable hiking shoes (no flip flops), bathing suit, towel. Also kids should bring their own lunch.
If you are interested, please email back or call and we will send you registration and permission forms.
Best wishes for the holiday season.
Calle Flamboyán 138
Vieques, PR 00765
787 245 4748
Fax 787 741 2844
Below you will find a message from the VIEQUES CONCERT SOCIETY which I received.
I encourage you to support this initiative.
Santiago F. Lampón
In the true spirit of giving and celebration that is synonymous with the year-end holiday season, the Vivace Handbell Ensemble will bring its world-renowned act to the W Retreat and Spa – Vieques Island on December 28th at 7:30PM for a very special performance to benefit the Vieques Concert Society, a new non-profit organization established to provide the children of Vieques with music programs, training and access to instruments.
This intimate live holiday concert will be the first in what will become a series of events that will help raise funds for the Vieques Concert Society. In addition to the evening’s performance, the ensemble will offer a special presentation for the Vieques Municipal Band earlier in the day to demonstrate their instruments and meet with the performers.
Also, a string workshop will take place the prior day by cellist Rodrigo Correa-Salas for the children of Vieques.
Vivace is the concert choir of the Coro Polifónico Juvenil de Campanas (Youth Polyphonic Handbell Choir) from Aibonito, Puerto Rico. Recognized as one of the best handbell ensembles in Puerto Rico and Latin America, they have recently performed a number of celebrated performances around the world.
For more information on the Vieques Concert Society or for tickets to the December 28th concert, which start at $25 for general admission and $150 for benefactor tickets that include a post-performance cocktail reception please call 787-413-2450 or visit www.viequesconcertsociety.org. Please take a look at our site read about our first two workshops for the children next month.
We thank you in advance for your support and look forward to seeing you on December 28th.
BOARD OF DIRECTORS
Donald Scott Montgomery
Haydee Pinero Buck
ALL Business Owners(must have a current patente) are invited, both current members and those wanting to join! Prior to the 3pm Assembly, there will be a“Special Meeting” at 2 pm, to create possible CHANGES TO THE BYLAWS •
This is restricted to paid members only.
TODOS los dueños de negocios (necesitan tener su patente al día) están invitados, tanto los miembros actuales, como los que quieran unirse a la organización. Antes de la asamblea de las 3pm, habrá una “Reunion Especial” a las 2pm, para hacer posibles CAMBIO S A LO S BYLAWS.
Está restringida a los miembros que han pagado.
Changes to the By-Laws will be discussed and voted on at this meeting including:
Cambios a los ByLaws serán discutidos y se llevarán a votación en esta reunión y se incluyen:
-Possible name change, Structuring of the Organization, Dues and Expenses, Hiring of a part time assistant, Inclusion of an Associate Membership (out of which the Homeowners could potentially join and form a Homeowners Group)-
Posible cambio de nombre, Estructuración de la Organización, Cuotas y Gastos, Reclutamiento de un asistente temporero, Añadir un Miembro Asociado
(de lo cual los propietarios de residencias de casas podrían unirse y formar un Grupo de Propietarios de Residencias)
El Nuevo Día online (www.ENDI.com) published an article on the remnants of Gastón arriving in Puerto Rico tomorrow, September 7, 2010.
On the other hand, on http://www.StormPulse.com the same remnants are labeled as “High-Potential Disturbance.”
Stay alert, but also stay calm.
This morning I played tennis and had a blast. Do not ask me if I won, but I can tell you I had a very good time and I feel like I need to tackle more challenges today. Hence, the genesis of this post.
Send me a note telling me what you want me to write about. Give me a subject, or many subjects, or themes, or questions or whatever and let’s find out what can I do with it.
Keep enjoying the long weekend!
Dear Friends of Vieques Law:
The new Vieques Event magazine is out and you can download it at the following link: www.viequesevents.net
Among the information featured in this month’s edition, you should find quite interesting the article on the Musical History of Vieques.
Very truly yours,
Santiago F. Lampón
Last week I was attending court proceedings at the Vieques Courthouse on an injunction case. While waiting for our case to be called, I saw some publications by the Administration of the Courts of Puerto Rico on various subjects related to the filing and prosecution of certain claims. As a public service to you, I collected some of those issues and began the process of having them translated to Englihs for publication in this Blog.
The credit for the publication goes to the Puerto Rico Cour Administration. I am very glad that they undertook the effort to inform the public on their rights and on how to prosecute claims to protect them. Accordingly, I decided to promote and support their effort by publishing their materials in this blog. I am sure that they will not mind, and I hope you find this information useful.
Please contact us if you need mre information on any of these subjects.
Santiago F. Lampón
A person can initiate a judicial claim or debt collection lawsuit when he or she is owed a detemined amount of money and the payment period agreed upon has expired. The following must be on the record:
1. Name, physical & postal address of debtor.
2. Name, physical & postal address of claimant
or the legal representative’s address.
3. The nature of the debt (why the money is owed, and for what).
4. The exact quantity owed and that which is claimed to be collected.
5. Before going to Court, the petitioner must have done all necessary procedures to collect the debt, and declare it as done on record.
If the amount indebted is five thousand dollars ($5,000.00) or less, without interest, the person can opt to file filing a debt collection suit under the Puerto Rico Rules of CivilProcedures #60 in the Municipal Court where the debtor resides. Such rule provides for a summary proceeding. The Court will notify the respondent the nature of the claim with a citation, which will take place on the closest date, but never before the 15 days of the notification to the respondent.
When the claim is more than five thousand dollars ($5,000), the suit must be filed at the Superior Court where the respondent resides. The debt collection procedure is procured in the following manner: A copy of the claim should be delivered to the respondent by a person who has no interest in the outcome of the litigation.
It is always advised to consult a lawyer before taking any cause of action to court, because the type of action or appeal depends on the specific circumstances of each case. An example of this is being owed rental payments which could lead to an eviction action.
The parties in controversy or dispute can attend the Conflict Mediation Center, if they so wish to resolve the affair in a conciliatory manner without the formalities of a judicial litigation. Individuals that apply for this service must be, preferably, residents of the Judicial Area where the Conflict Mediation Center is located.
Reproduced by the Office of the Press and Relations with the Community and the Court Administration
Rev. February 2005
* This is a translation of a material created, printed and published by the Puerto Rico Court Administration. The translation was made as literal as possible in order to protect the rights of the author. Lampón & Associates, ViequesLaw.com and/or SLG Law Group PSC do not claim any copyrights to this material. All copyrights to this publication rest with the Puerto Rico Court Administration.