Condominio Mar Azul · Nosara · Nicoya · Guanacaste · Costa Rica
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The complete file.

A separate website publishes a development record for Mar Azul. This page sets each of those subjects beside the judicial, regulatory and environmental proceedings that are also open on the same subject — with the issuing authority, file number, date and current status for each.

Published by owners of filiales 1, 4, 20 and 32 Last updated: 11 September 2026

Court orders in force today

Four orders currently constrain what may be charged and decided at Mar Azul.

Sentencia N° 2025000185 · 23.10.2025
Suspends all resolutions of the assembly of 25 February 2025, including the budget and the amendment of Reglamento Article 6.
In force
Medida Cautelar N° 2026000006
Precautionary measure reinforcing that suspension. Reaffirmed 15 July 2026, with an apercibimiento under Penal Code Article 314.
In force
Resolución 01/06/2026, 14:59
Rejected the administration's motion to revoke. Security satisfied; compliance ordered. Appeal admitted without suspensive effect.
In force
Exp. 26-000076-1632-CI
Second annulment action, directed at the assembly of 9 March 2026. Nullity incident rejected 15 July 2026; precautionary measure pending decision.
Pending

How to read this record

An allegation is not a finding. This page keeps them apart.

Some entries below are decisions a court or authority has already made. Others are complaints that have been filed and not yet decided. Both belong in a due diligence file, and they carry very different weight. Every entry is marked.

Status of a proceeding
Decided

A court or authority has ruled. Binding unless overturned.

In force

An order presently binding on the parties.

Pending

Filed and admitted; awaiting decision. No finding has been made.

Allegation

A complaint on the record. Unproven. The parties named are presumed innocent.

Closed

Concluded, including where concluded against the owners.

What the entry is
Finding

A fact recorded by the competent authority in its own inspection or report. Not a ruling, and not a contention by the owners.

Verified

A factual matter confirmed by an independent technical body. Not a proceeding.

Open question

A discrepancy visible on the face of the official record. No assertion is made as to which document is correct.

Source document

A file referenced here as the basis of another entry. No status attaches to it.

01

Construction and permits

Building permits, earthworks, and municipal orders
On the developer's record

Construction permits are listed for individual homes — PC-328-2021, PC-572-2025, CFIA registration 945136, INS policy 7729510 — together with infrastructure permit PC-714-2023.

The record then states that building permits for individual homes and permits for earthworks or infrastructure are separate regulatory processes. PC-572-2025 is listed as approved on 16 January 2026.

Also on the file
12443 · 12445 · 12446 · 12447 · 15069 · 15071 · 15073 · 17405-2026 Allegation #
Municipalidad de Nicoya — administrative filings, 2026

A formal complaint concerning excavations carried out without the corresponding authorisation. Earthworks are precisely the category the developer's record sets aside as a separate process; these are the filings within that category.

DPUD-26-2026 · DPUD-27-2026 Decided #
Municipalidad de Nicoya — Dirección de Planificación Urbana y Desarrollo

Municipal closure orders issued in respect of works at the site. A closure order is a municipal act, not an allegation by a private party.

Nulidad — PC-572-2025 Pending #
Alcaldía, Municipalidad de Nicoya · filed 20 February 2026 · Arts. 173 & 175 LGAP

A 24-page petition seeking a declaration of absolute nullity of the same permit, on five independent grounds. Under Art. 173 LGAP any one ground, if established, is sufficient. The petition has not been decided, and the permit stands until it is. The petition was logged as trámite 6519-2026 and routed by the Alcaldía on 23 February 2026, under AM-0370-02-2026, to the Dirección de Planificación Urbana y Desarrollo and to legal advisory. The permit itself records CFIA project OC 1217432 and identifies the owner by corporate identity number 3-102-861529.

1 · Water — no AyA Dirección de Acueductos Rurales opinion in the file, required by Art. 117 Reglamento de Construcciones where a condominium relies on ASADA supply. 2 · Environment — 511 m² in an ecologically fragile zone requires a SETENA D1-C form under Decreto 43898-MINAE Art. 3(6); not in the file. 3 · Electricity — ICE no-availability certifications (oficios 1153-055-2021 and 1153-170-2024) appear at folio 039 of the permit's own administrative file. 4 · Trees — the Municipalidad's own use-of-soil certificate designates the finca forested and flags a MINAE felling permit; not in the file. 5 · Procedure — the June 2025 closure had never been lifted when the permit issued.

DPUD-10-2026 Pending #
Municipalidad de Nicoya — Dirección de Planificación Urbana y Desarrollo · expediente de investigación

An open municipal file concerning the issuance of building permits at the site. Six permits were granted through a regularisation process — that is, after the fact, rather than in advance of the works they cover.

Each of the six was applied for before concession R-2133-2024-AGUAS-MINAE was granted for well CJ-135 in September 2024. The concession is the instrument on which the development's water supply is said to rest, and it did not exist as a granted right on the dates those applications were made.

The file has not been resolved. We do not assert that any of the six permits is invalid; we record that the Municipalidad has an open investigation into how they were issued, and that the sequence of dates is on the public record and can be checked.

MN-DPTSA-CCOP-391-06-2025 Decided #
Municipalidad de Nicoya · 2 June 2025 · closure order

Closure issued to six entities, including Condominio Mar Azul. No subsequent municipal act lifting it appears in the file. A closure order does not lapse on its own; it remains in effect until formally lifted. Closure seals were recorded as removed on 30 December 2025, a matter raised under Art. 319 of the Penal Code.

MN-DPTSA-CCOP-OFI-312-08-2026 Pending #
Municipalidad de Nicoya — Dirección de Control Constructivo y Obras Públicas · 25 August 2026

On 25 August 2026 the Dirección de Control Constructivo y Obras Públicas issued a construction-compliance notice in respect of 6 filiales.

An incidente de nulidad and a recurso de revocatoria with appeal in the subsidiary were filed against the notice. Filed with them was a complaint recording that eight administrative filings made to the Municipalidad during 2026 — 12443, 12445, 12446, 12447, 15069, 15071, 15073 and 17405 — remain unanswered, together with a report of new pipe works and an interruption of water supply within the condominium.

The issuing office copied the notice to the Ministerio Público.

The notice has not been resolved, and no finding has been made on it either way.

G-3752-2025 · G-2043984-2018 Open question #
Cadastral plan numbers — permit vs. closure oficio

Permit PC-572-2025 records catastro G-3752-2025. The June 2025 closure oficio for the same property records catastro G-2043984-2018. The two do not match. The permit also names no finca number and identifies the owner only as a sociedad de responsabilidad limitada, without saying which one — content requirements under Art. 132 LGAP. We do not assert which plan is correct; we note that the record carries two, and that a buyer should establish which parcel the permit attaches to.

Exp. 26-004003-1027-CA Pending #
Tribunal Contencioso Administrativo · filed 18 August 2026 · Municipalidad de Nicoya · Art. 32 CPCA

One of five legality actions filed to compel express resolution of pending petitions by the responsible authorities. This filing concerns the municipal enforcement matters, including the closure orders recorded above.

The distinction to hold on to. A permit for a house is not a permit for the earthworks around it, and neither answers a municipal closure order. Ask for each separately, by number — and ask whether the permit you are shown is subject to a pending nullity petition.
02

Water

Concession, source of actual supply, and authority to distribute
On the developer's record

MINAE concession R-2133-2024-AGUAS-MINAE was issued in September 2024 for well CJ-135. The record also cites drilling permit DA-0080-2022, the donation of the original well GA-334 to ASADA Santa Marta, and AyA technical study GSD-UEN-GAR-2025-02417.

The record describes the AyA document as a technical study "concerning water service arrangements."

Also on the file
DA-UHTPNON-0353-2025 · DA-UHTPNOL-0213-2026 Finding #
MINAE — Dirección de Aguas · inspection 5 August 2025; reconfirmed 6 February 2026

The Dirección de Aguas recorded that well CJ-135 was not operational — no pump and no electrical connection — on inspection, and again some six months later. The same records note that the development's own manager confirmed ASADA Santa Marta supplies the homes. This is a finding by the granting authority itself, not a contention by owners.

Exp. 26-003943-1027-CA Pending #
Tribunal Contencioso Administrativo · filed 20 July 2026 · ASADA Santa Marta de Nosara

Legality action concerning the water supplied to the condominium and the basis on which it is provided.

Exp. 26-003944-1027-CA Pending #
Tribunal Contencioso Administrativo · filed 20 July 2026 · AyA

Anchored on the same technical study the developer's record cites — GSD-UEN-GAR-2025-02417 (25 June 2025) — together with oficio GSD-UEN-GAR-2025-02538. A technical study describes; it does not authorise.

Exp. 26-004004-1027-CA Pending #
Tribunal Contencioso Administrativo · filed 18 August 2026 · ARESEP

ARESEP is the regulator of public service tariffs. The question put to it is whether the arrangement under which water reaches the filiales, and the rate charged for it, rest on any authorisation.

What a concession is, and what it is not. R-2133-2024 grants the right to take water from well CJ-135. It does not establish that the well was ever built out, and the Dirección de Aguas twice recorded that it was not. Two questions therefore remain open: if supply comes from ASADA Santa Marta instead, under what instrument is it distributed onward to individual filiales — and what authorisation supports the rate charged to each owner for it?
03

Electricity

Whose meter, and on what authority it is resold
On the developer's record

Electrical infrastructure was installed and documented through the applicable CFIA process in 2014 — CFIA seal OC 662440 — before the condominium designation existed. Mar Azul is described as coordinating with ICE on a proposed dedicated public connection, framed as an upgrade separate from the existing internal systems.

The proposed connection is described as pending.

Also on the file
Caso ICE 2026-23-053 · NISE 2106726 Pending #
Instituto Costarricense de Electricidad

Complaint concerning supply and billing. The service connection identified as NISE 2106726 is registered to a separate company, not to the condominium. ICE responded by oficio 1100-137-2026; a formal reply was filed on 7 July 2026.

Oficio 1100-170-2026 · Caso ICE 2026-23-053 Pending #
Instituto Costarricense de Electricidad · 17 August 2026

On 17 August 2026 ICE issued oficio 1100-170-2026 in the supply-and-billing complaint. It records that the evidence gathered was insufficient to establish a breach, and cites constraints on access to the internal installations as a limitation on the verification carried out.

A recurso de revocatoria with appeal in the subsidiary was filed against that determination. The matter is not concluded.

What the oficio establishes and what it does not: it is not a finding that the billing is lawful, and it makes no finding about the registered holder of NISE 2106726. It records that ICE did not establish a breach on the material available to it, in an inspection its own text describes as constrained. Those are different things, and a buyer should read the oficio itself rather than a summary of it.

Exp. 26-003945-1027-CA Pending #
Tribunal Contencioso Administrativo · filed 20 July 2026 · ICE

Legality action requiring ICE to resolve the pending complaint expressly.

Exp. 25-000372-0414-PE Allegation #
Ministerio Público · filed 27 February 2026

Criminal complaint filed the day after utilities to certain filiales were disconnected on 26 February 2026. The matter is pending; no finding has been made and the parties are presumed innocent.

A 2014 CFIA seal covers works. It records that internal infrastructure was built and inspected. It is not a concession to distribute or resell electricity to third-party owners, and it says nothing about whose name the meter is in. Those are separate questions, and they are the ones before ICE.
04

Environment and wildlife

What "not in a protected area" does and does not mean
On the developer's record

SETENA environmental approval 2514-2019 is cited. A SINAC certificate is said to confirm the property is not located within a protected area. An OIJ inspection of 20 January 2026 is described as reporting that no environmental damage was observed.

Also on the file
SITADA 37020 Pending #
MINAE — Contraloría del Ambiente · biodiversity / wildlife

Environmental complaint recording confirmed transit of a puma (Puma concolor) across filiales 18, 20 and 21, and earthworks affecting its habitat and transit routes. Filed against the administration and developer as institutions; no natural person is named. A SINAC field inspection followed on 16 July 2026.

Ocelot — camera trap, 10–11 June 2026 Verified #
Species identification verified by IAR Costa Rica

Confirmed ocelot (Leopardus pardalis) footage at two locations on the property. Both ocelot and puma are protected under Ley de Conservación de la Vida Silvestre N° 7317 and Decreto Ejecutivo N° 40548-MINAE, and are listed on CITES Appendix I.

D1-23871-2018 Source document #
SETENA — environmental file

The underlying SETENA file behind approval 2514-2019, including the commitments and conditions attached to that approval.

Two things worth separating. First, wildlife protection under Ley 7317 does not depend on being inside a protected area — it attaches to the species, wherever the animal is. A SINAC certificate about area boundaries answers a question nobody asked. Second, the OIJ inspection of 20 January 2026 predates the June 2026 ocelot footage and the SITADA complaint. An inspection cannot report on evidence that did not yet exist.
05

Governance, fees and the assemblies

A subject the development record does not cover
On the developer's record

The development record is organised around permits, water, environment, electricity and condominium registration. It does not address the assemblies, the fee resolutions, or the civil proceedings concerning them.

These are the matters that most directly determine what an owner pays each month.

Also on the file
Exp. 25-000060-2018-CI In force #
Juzgado Civil y Trabajo, II Circuito Judicial de Guanacaste

Annulment action against the assembly of 25 February 2025. Sentencia N° 2025000185 of 23 October 2025 suspended those resolutions — including the budget and the amendment of Reglamento Article 6 (6.7 and 6.9) — and Medida Cautelar N° 2026000006 (13 January 2026) reinforced the suspension. Reaffirmed 15 July 2026 with an apercibimiento under Penal Code Article 314.

Exp. 26-000076-1632-CI Pending #
Second annulment action — assembly of 9 March 2026

On 15 July 2026 the court rejected the defendant's nullity incident on two independent grounds. The precautionary measure remains to be decided.

What this means for a buyer. Fee resolutions passed at a suspended assembly cannot lawfully found a charge while the suspension is in force. If you are quoted a monthly cuota, ask which assembly resolution sets it and whether that resolution is among those suspended.

Not in dispute

Where this record agrees with the developer's

  • The condominium is registered — Finca No. 5-370-M-000.
  • SETENA approval 2514-2019 exists.
  • Concession R-2133-2024-AGUAS-MINAE was granted for well CJ-135.
  • The property is not inside a protected area.

None of these is contested here. The disagreement is about what they cover.

For prospective buyers

Ask for these by number. Accept documents, not summaries.

Both websites tell you to do your own due diligence. Here is what that actually looks like on this property. Give this list to your Costa Rican attorney.

From the Poder Judicial

  • Full expediente search on the condominium and the administering company, civil and criminal.
  • Current status of 25-000060-2018-CI and 26-000076-1632-CI.
  • Whether Medida Cautelar N° 2026000006 is still in force on the day you sign.

On water

  • Written confirmation of which source supplies the filial today.
  • The instrument authorising onward distribution to individual filiales.
  • The ARESEP-approved tariff, or confirmation that none applies.

On electricity

  • The NISE number serving the filial and the registered account holder.
  • The status of ICE case 2026-23-053.
  • Whether the dedicated connection has been granted or only requested.

On fees

  • The assembly resolution that sets the current cuota, by date.
  • Confirmation that resolution is not among those suspended.
  • The calculation methodology behind each utility line item.

On environment

  • Complete SETENA file D1-23871-2018, including conditions and compliance reports.
  • Status of SITADA 37020 and the SINAC inspection report.
  • Any earthworks permit covering the lot you are buying.
  • Dirección de Aguas inspection records for well CJ-135.

From the Municipalidad

  • Status of closure orders DPUD-26-2026 and DPUD-27-2026.
  • Whether any works order remains unlifted.
  • Confirmation of PC-714-2023 scope and expiry.
  • Whether closure MN-DPTSA-CCOP-391-06-2025 has been formally lifted.
  • The catastro and finca number on any permit shown to you, matched against your own título.
  • Whether any permit shown to you was issued through regularisation, and whether it falls within municipal file DPUD-10-2026.

Index of proceedings

Every file cited on this page, in one place.

An amparo de legalidad under Art. 32 CPCA asks a court to order an authority to resolve a pending petition. It is not a ruling on the merits, and none of the five below has produced a finding against any party. What they establish is that five separate authorities have unresolved petitions before them concerning one property.

File Authority / subject Filed Status
Amparos de legalidad — Art. 32 CPCA
26-003943-1027-CAASADA Santa Marta de Nosara — water20.07.2026Pending
26-003944-1027-CAAyA — water20.07.2026Pending
26-003945-1027-CAICE — electricity20.07.2026Pending
26-004003-1027-CAMunicipalidad de Nicoya — municipal enforcement18.08.2026Pending
26-004004-1027-CAARESEP — tariffs and distribution18.08.2026Pending
Civil proceedings
25-000060-2018-CIAnnulment — assembly of 25.02.2025—In force
26-000076-1632-CIAnnulment — assembly of 09.03.2026—Pending
Administrative and environmental
SITADA 37020MINAE — biodiversity / wildlife—Pending
Nulidad PC-572-2025Alcaldía de Nicoya — Arts. 173 & 175 LGAP20.02.2026Pending
DPUD-26/27-2026Municipalidad de Nicoya — closure orders2026Decided
MN-DPTSA-CCOP-391-06-2025Municipalidad de Nicoya — closure02.06.2025Decided
2026-23-053ICE — supply and billing complaint2026Pending
1100-170-2026ICE — oficio and recurso de revocatoria17.08.2026Pending
DPUD-10-2026Municipalidad de Nicoya — permit investigation2026Pending
MN-DPTSA-CCOP-OFI-312-08-2026Municipalidad de Nicoya — construction-compliance notice25.08.2026Pending