The legal existence and property rights over the units of a country club, the administration of the same and the rights and obligations of the owners of such units are governed by law 10.751 and law 17.292 (said laws, hereinafter the “Law”). The Law establishes the requirements for considering the plots as individual real estate units, the rights of the individual owners of each unit over the areas of the country club which are for the common use of all of the proprietors of the units which are part of the building.
In general it may be stated that such units are recognized by law as separate real property upon the granting of the municipal approval of the infrastructure works of the country club; the registration of the plans of the project and the execution and registration of the “Reglamento de Copropiedad” establishing a mortgage over each of the units of the country club in favor of the other co-owners as security for the payment of common expenses.
Notwithstanding the above, the execution and registration of promises of sale over units with respect of which the above steps have yet not been completed and therefore are still no recognized as independent property is admissible by law.
According to the abovementioned, it is mandatory that the country club has a “Reglamento de Copropiedad”, which rule with detail the administration of the country club and the rights and obligations of the owners of the various units with respect to the upkeep of the country club and their contribution to of one single child the percentage of the estate the testator is allowed to dispose of is fifty per cent of his estate, in the event of two, that percentage is of one third, and in the case of three or more, the percentage is reduced to one quarter of the estate. If there are no children and the forceful heir or heirs are one or both parents, the testator may dispose freely of fifty per cent of his estate.
In the case that the owner of a real estate property located in Uruguay dies, the correspondent heirs must carry out the inheritance judicial procedure in Uruguay in order to obtain a judicial declaration of heirs.