A recent ruling from the Court of Appeals of Puerto Rico has denied an appeal from the Consejo de Titulares del Condominio Costa Dorada against Kamyar and Tetyana Rezvani. The case, filed under docket number TA2026CE00728, centers around property rights and alleged violations of condominium laws. This decision impacts the ongoing dispute between the condominium association and the Rezvanis regarding property modifications.
The court's ruling is significant as it highlights the complexities of condominium governance and property rights in Puerto Rico. It underscores the importance of following legal procedures when making modifications to shared properties.
Background
The parties involved in this case are the Consejo de Titulares del Condominio Costa Dorada, which represents the condominium owners, and Kamyar and Tetyana Rezvani, who are residents of the condominium. The dispute arose when the condominium association alleged that the Rezvanis made unauthorized modifications to their apartment, including the installation of storm shutters and a generator, which the association claimed violated the Puerto Rico Condominium Law.
On April 14, 2025, the Consejo de Titulares filed an amended complaint against the Rezvanis, seeking a preliminary injunction to remove the installations and a declaratory judgment regarding the legality of the modifications. In response, the Rezvanis contested the claims and argued that the modifications were made in accordance with agreements reached during a condominium assembly.
As the case progressed, the Rezvanis filed an urgent request for a provisional injunction on May 27, 2026, claiming that the Consejo de Titulares had unlawfully entered their apartment and removed their property without permission. The lower court granted their request, prohibiting the Consejo de Titulares from entering the Rezvanis' apartment and interfering with their belongings.
The Ruling
On June 8, 2026, the lower court issued an order denying the Consejo de Titulares' motion to dismiss the provisional injunction. The Consejo de Titulares then sought a review of this order through a certiorari petition to the Court of Appeals. The court, led by Judge Brignoni Mártir and joined by Judges Salgado Schwarz and Aldebol Mora, ultimately denied the appeal.
The court ruled, "We conclude not to intervene in the merits of the determination appealed." They emphasized that the current stage of the proceedings was not the most appropriate for their review, noting that both parties had presented urgent requests that required prompt attention from the lower court.
Impact
This ruling has immediate implications for the parties involved. The Court of Appeals' decision means that the lower court's injunction remains in effect, preventing the Consejo de Titulares from entering the Rezvanis' property without permission. This case illustrates the challenges condominium associations face when enforcing rules and regulations against individual owners.
Moreover, the ruling reinforces the need for condominium associations to adhere to proper legal procedures when addressing disputes with residents. It also sets a precedent for future cases involving property rights and modifications within condominium settings in Puerto Rico.
What's Next
The lower court is scheduled to hold a hearing on June 17, 2026, regarding the provisional injunction. The parties may still appeal any future decisions made by the lower court, depending on the outcomes of the upcoming hearings.