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How Homeowners Associations (HOAs) Work in Guanacaste, Costa Rica

 

Homeowners Associations in Costa Rica—often called Condominium Associations or Administración de Condominio—operate under a legal framework that is similar in concept to HOAs in North America but with important differences in structure, fees, responsibility, and enforcement. They are common in gated communities, condo towers, residential developments, and master-planned coastal projects.

Below is a full breakdown of how they function.


1. Legal Framework: The Costa Rica Condominium Law

HOAs in Guanacaste operate under:
Law 7933 – Ley Reguladora de la Propiedad en Condominio (Condominium Property Law)

This law governs:

  • Creation of a condominium regime
  • Responsibilities of the developer and homeowners
  • Common-area management
  • Voting rights
  • Assessments and fees
  • Rules and enforcement
  • Insurance and reserve funds

HOAs in Costa Rica can apply to:

  • Vertical condos (buildings)
  • Horizontal condos (house subdivisions)
  • Gated communities with private roads
  • Mixed-use developments

A property does not need to be an apartment complex to qualify—many gated communities in Guanacaste are legally “condominiums” even if they consist of single-family homes.


2. What an HOA Typically Manages

In Guanacaste, HOAs generally handle:

Common Area Maintenance

  • Roads (most private developments have private roads, not municipal)
  • Landscaping and green areas
  • Drainage systems
  • Guard gates and security staff
  • Street lighting
  • Signage

Utilities and Infrastructure

  • Trash collection
  • Water systems (ASADA, private wells, or HOA-managed systems)
  • Sewage / wastewater treatment plant (if applicable)

Amenities

Depending on the project:

  • Pools
  • Beach clubs
  • Gyms
  • Tennis/pickleball courts
  • Clubhouses
  • Parks and trails

Administration

  • Hiring staff/contractors
  • Budgeting and accounting
  • Insurance
  • Emergency funds (reserves)
  • Enforcement of bylaws
  • Convening annual meetings

3. HOA Fees in Guanacaste

Fees vary widely based on amenities, staffing, and infrastructure.

Typical ranges:

Condo Buildings (Flamingo, Coco, Hermosa, Tamarindo)

  • $250–$600 per month for standard condos
  • $800–$2,000+ per month for luxury oceanfront towers or full-service projects

Gated Communities with Single-Family Homes

  • $150–$350 per month in simple communities
  • $350–$700+ per month in communities with pools, gym, beach clubs, or staffed gates

Large Resort Communities (Papagayo Peninsula, Hacienda Pinilla, Pacifico)

  • $300–$900 per month for homes
  • $500–$1,200 for condos or luxury villas

What HOA Fees Include

Most fees cover:
✓ Security
✓ Road maintenance
✓ Landscaping
✓ Trash
✓ Administration
✓ Pool/common area care


4. HOA Rules & Enforcement

Costa Rica HOAs have substantial legal authority.
Rules are contained in the:

  • Reglamento del Condominio (Condominium Bylaws)
  • Internal Rules (Reglamento Interno)

HOAs can enforce rules on:

  • Noise
  • Rentals (including restrictions on Airbnb or short-term rentals)
  • Parking
  • Pets
  • Construction hours
  • Architectural controls
  • Use of amenities

Consequences of Violations

HOAs may impose:

  • Fines
  • Suspension of amenity access
  • Legal collection for unpaid fees
  • Liens on the property
  • Judicial action to collect overdue assessments

In Costa Rica, unpaid HOA fees are considered a priority debt—they run with the property, not the owner.


5. Voting and Governance

Assembly of Homeowners

The Asamblea de Condóminos (homeowners assembly) is the highest authority.

Owners vote based on:

  • Percentage of ownership (coeficiente de copropiedad)
    OR
  • One vote per unit, depending on the condominium bylaws

Board of Directors (Junta Directiva)

Typically includes:

  • President
  • Treasurer
  • Secretary
  • Vocales (additional board members)

They oversee day-to-day management and hire property managers.


6. Property Management

Most HOAs hire a professional administrator or management company who handles:

  • Budgets
  • Staff payroll
  • Contractors
  • Accounting
  • Insurance procurement
  • Legal issues
  • Communication with owners

Companies in Guanacaste commonly serve developments in:
Playas del Coco, Playa Hermosa, Flamingo, Tamarindo, Papagayo, Marbella, Nosara, and beyond.


7. Architectural Control Committees (ACC)

For communities with custom homes, an ACC regulates:

  • Building styles
  • Colors
  • Materials
  • Height restrictions
  • Setbacks
  • Landscaping

Homeowners must submit plans for approval before starting construction.

This protects property values and keeps the community visually cohesive.


8. Agricultural vs. Condominium Zoning in HOAs

Many Guanacaste communities (e.g., Ladera del Mar, Monte Mar, some parts of Ocotal or Matapalo) sit on Agricultural-zoned (Uso de Suelo Agrícola) land rather than condominium zoning.

Key differences:

Agricultural zoning

  • Lower HOA fees
  • Fewer rules
  • Land parcels typically larger
  • Less architectural control
  • Owners handle more maintenance individually
  • Roads sometimes private but maintained collectively or by developer

Condominium zoning

  • More structure and legal protections
  • Stronger enforceability
  • Shared ownership of common areas
  • Higher HOA fees but more amenities
  • Better resale value in many cases
  • Often preferred by foreign buyers for predictability

9. Short-Term Rentals (Airbnb/VRBO)

Rules vary by community.

Some allow:
✓ Unlimited rentals
✓ 1–7 night minimums
✓ On-site rental offices

Others restrict:
✘ Short-term rentals entirely
✘ Rentals under 30 days
✘ High occupancy / party groups

Check the Reglamento before purchasing.


10. Pros & Cons of HOAs in Guanacaste

Pros

✓ Better infrastructure than municipal services
✓ Security and controlled access
✓ Maintained roads and landscaping
✓ Protected property values
✓ Access to amenities (pool, gym, beach club, courts)
✓ Strong legal framework

Cons

✘ Monthly fees
✘ Rules may feel restrictive
✘ Architectural controls can slow construction
✘ Special assessments possible for major repairs
✘ Inconsistent management quality across developments


11. What Foreign Buyers Should Know

  • HOAs are very common in Guanacaste’s coastal areas.
  • Fees tend to be reasonable compared to North America, especially for gated communities with robust amenities.
  • Foreigners have full ownership rights and equal voting rights.
  • Always request:
    • The Reglamento de Condominio
    • Most recent HOA financial statements
    • Meeting minutes
    • Confirmation of reserve funds
    • Current special assessments

This helps avoid surprises.


Conclusion

HOAs in Guanacaste play a crucial role in maintaining property values, protecting infrastructure, and providing the amenities international buyers expect in coastal resort areas. While each community differs in rules, fees, and services, the Costa Rican Condominium Law offers a solid legal foundation that keeps developments organized, secure, and well-managed.

 

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