Title 21, Real Property

This Chapter shall known as the Horizontal Property Act. SOURCE: CC '1270.

Unless it is plainly evident from the context that a different meaning is intended, as used herein: (a) Apartment means a part of the property intended for any type of use or uses, and with an exit to a public street or highway or to a common element or elements leading to a publ…

Whenever the sole owner or sole lessee or all of the owners or all of the lessees of a property expressly declare, through the execution and recordation of a master deed or lease, together with a declaration, which declaration shall set forth the particulars enumerated by § 45111…

Each apartment, together with the common interest appertaining thereto, shall for all purposes constitute real property and may be individually conveyed, leased, or encumbered and be the subject of ownership, possession, or sale and of all types of juridic acts inter vivos or mor…

The apartment owner is entitled to the exclusive ownership and possession of the apartment. Any apartment may be jointly or commonly owned by more than one person. SOURCE: CC '1274.

(a) Each apartment shall have appurtenant thereto a common interest as expressed in the declaration. (b) The common interest appurtenant to each apartment as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all of the a…

Provisions. Each apartment owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions, and restriction set forth in the…

No apartment owner shall do any work which would jeopardize the soundness or safety of the property, reduce the value thereof, or impair any easement or hereditament, nor may any apartment owner add any material structure or excavate any additional basement or cellar, without in …

Payment. (a) Subsequent to recording the declaration as provided in this Chapter, and while the property remains the subject of a horizontal property regime, no lien shall arise or be created against the common elements. During such COL070307 period, liens may arise or be created…

The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners in proportion to the common interests appurtenant to their respective apartments; provided, that in the case of limited common elements, all costs and …

The Department of Land Management shall immediately set up the mechanics and method by which recordation of a master deed or lease and the declaration may be made. Provisions shall be made for the recordation of a master deed or lease and the declaration may be made. Provisions s…

Deeds or leases of apartments shall include the following particulars: COL070307 (a) Description of the land as provided in § 45111, or the post office address of the property, including either case an appropriate reference to the recording of the declaration. (b) The apartment n…

Simultaneously with the recording of the declaration, there shall be filed in the office of the Recorder a set of the floor plans of the building or buildings, showing the layout, location, apartment numbers, and dimensions of the apartments, stating the name of the property or t…

Should the apartments be conveyed or leased prior to the completion of construction of the building or buildings for the purpose of financing such construction, all moneys from the sale of such apartments, including any payments made on loan commitments from lending institutions,…

Construction. No final public report may be issued prior to completion of construction of the project unless there is filed with the Commission. (a) A verified statement showing all costs involved in completing the project, including land payments or lease payments, real property…

Apartment at Time of First Conveyance or Lease. At time of first conveyance of lease of each apartment, every mortgage and other lien affecting both the apartment and any other apartment shall be paid and satisfied of record, or the apartment being conveyed or leased and its comm…

(a) If (1) apartment owners owning not less than eighty percent (80%) in number of apartments in the aggregate, and owning apartments to which are appurtenant not less than eighty percent (80%) of the common interests, execute and record an instrument to the effect that the desir…

The removal provided for in § 45117 shall in no way bar the subsequent resubmission of the property to this Chapter. SOURCE: CC '1287.

The operation of the property shall be governed bylaws, a true copy of which shall be annexed to the declaration and made a part thereof. No modification of or amendment to the bylaws is valid unless set forth in an amendment to the declaration, which amendment is duly recorded. …

The bylaws shall provide for at least the following: (a) The election of a Board of Directors, the number of persons constituting the same, and that the terms of at least one-third (1/3) of the directors shall expire annually; the powers and duties of the Board; the compensation,…

Examination. The manager or Board of Directors shall keep detailed, accurate records in chronological order, of the receipts and expenditures affecting the common elements, specifying and itemizing the maintenance and repair expenses of the common elements and any other expenses …

Apartment; Conveyance to Board of Directors. No apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common elements or by abandonment of his apartment. Subject to such terms and conditi…

The laws relating to home exemptions from property taxes are applicable to the individual apartments, which shall have the benefit of home exemption in those cases where the owner of single family dwelling would qualify. Property taxes shall be assessed on and collected on the in…

(a) All sums assessed by the association of apartment owners but unpaid for the share of the common expenses chargeable to any apartment constitute a lien on the apartment prior to all other liens, except only (l) liens for a taxes and assessments lawfully imposed by governmental…

Unpaid Common Expenses. In a voluntary conveyance, the grantee of an apartment is jointly and severally liable with the grantor for all unpaid assessments against the latter for his share of the common expenses up to the time of the grant or conveyance, without, prejudice to the …

The manager or Board of Directors, if required by the declaration, bylaws, or by a majority of the apartment owners, shall obtain insurance for the property against loss or damage by fire and such other hazards under such terms and for such amounts as shall be required or request…

Without limiting the rights of any apartment owner, actions may be brought by the manager or Board of Directors, in either case in the discretion of the Board of Directors, on behalf of two or more of the apartment owners, as their respective interests may appear, with respect to…

(a) All apartment owners, tenants of such owners, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof submitted to this Chapter are subject to this Chapter and to the declaration and bylaws of the association of apartment …

Prior to the time when a condominium project is to be offered for sale in Guam, the developer shall notify the Commission in writing of his intention to sell such offerings. SOURCE: CC '1298C.

The notice of intention shall be accompanied by a fee of One Hundred Dollars ($100.00) and by a verified copy of a questionnaire properly filled in. The questionnaire will be in such form and content as will require full disclosure of all material facts reasonably available. All …

After appropriate notification has been made pursuant to '§ 45129 and 45130, an inspection of the condominium project may be made by the Commission. SOURCE: CC '1300.

When an inspection is to be made of projects, the notice of intention shall be accompanied by the filing fee, together with an amount estimated by the Commission to be necessary to cover the actual expenses of the inspection, not to exceed Forty Dollars ($40.00) a day for each da…

The Commission may waive initial inspection when, in its opinion, a preliminary or final public report can be substantially drafted and issued from the contents of the questionnaire and other or subsequent inquiries. Failure of the Commission to notify the developer of its intent…

When the Commission makes an examination of any project, it shall make a public report of its findings, which shall contain all material facts reasonably available. A public report shall neither be construed to be an approval nor disapproval of a project. No final public report f…

A preliminary public report may be issued by the Commission upon receipt of a notice of intention, the filing of which is complete except for some particular requirement, or requirements, which is, or are, at the time not fulfilled but which may reasonably be expected to be compl…

Preliminary public reports may not be used for selling under a contract for the sale of a condominium unit unless the developer of the project has filed with the Commission those documents and exhibits required to be submitted with the notification of intention required by § 4512…

Purchaser's funds obtained prior to issuance of final reports shall be refunded if there is any change in the condominium building plans subsequent to execution of the contract requiring approval of the Building Official, unless purchaser's written approval or acceptance of the s…

Rights under contracts of sale of condominium units under a preliminary public report are not enforceable against purchasers until purchasers have had a full opportunity to read the Commission's final public report on the project, and to obtain a refund of any moneys paid as well…

If the final public report is not issued within one (1) year from the date of issuance of the preliminary report, purchasers are entitled to a refund of all moneys paid by the purchasers thereunder without further obligation. SOURCE: CC '1308.

All moneys paid by purchasers prior to issuance of final reports shall be deposited in trust under escrow arrangement with instructions that no disbursements shall be made from such trust funds on behalf of the seller until the contract has become effective, and the requirements …

The developer or any other person offering any unit in a condominium project prior to completion of its construction shall not enter into a binding contract or agreement for the sale or resale thereof until: (a) A true copy of the Commission's final public report thereon with all…

If after a final public report has been issued, any circumstance occurs which would render the final public report misleading as to purchasers, or if the developer proposes to materially change the project, the developer shall stop all sales and immediately submit sufficient info…

The true copies of the Commission's public report shall be an exact reproduction of those prepared by the Commission. SOURCE: CC '1312.

When a final, preliminary or substitute public report is not issued within a reasonable time after notice of intention is properly filed pursuant to '§ 45129 and 45130, or if the developer is materially grieved by the form or content of a public report, the developer may, in writ…

No officer, agent, or employee of any company, and no other person may knowingly authorize, direct, or aid in the publication, advertisement, distribution, or circularization of any false statement or representation concerning any project offered for sale or lease, and no person …

Any person who, in any respect, violates or fails to comply with any of the provisions set forth in Sections 45129 to 45152 and 45155, or who in any other respect violates or fails, omits, or neglects to obey, observe, or comply with any rule, order, decision, demand, or requirem…

Every sale made in violation of § 45145 is voidable at the election of the purchaser; and the person making such sale and every director, officer COL070307 or agent of or for such seller, if the director, officer, or agent has personally participated or aided in any way in making…

If the Commission has reason to believe that a developer is violating any provision set forth in § 45129 to § 45152 and § 45155, or the rules and regulations of the Commission made pursuant thereto, the Commission may investigate the developer's project and examine the books, acc…

In addition to its authority under § 45150, whenever the Commission has reason to believe that any person is violating or has violated this Chapter, it shall issue and serve upon such person a complaint stating its charges in that respect, containing a notice of a hearing upon a …

Whenever the Commission believes from satisfactory evidence that any person has violated any of '§ 45129 to 45152 and 45155 or the rules and regulations of the Commission made pursuant thereto, it may conduct an investigation on such matter, and bring an action in the name of the…