The Puerto Rico Court of Appeals recently upheld a decision that dismissed a complaint filed by Ada Inés Carmona Rivera against the board of directors of the La Arboleda condominium. This ruling affects residents' rights regarding administrative oversight and compliance within condominium governance.

The case, docketed as TA2026RA00193, arose when Carmona Rivera filed a complaint against Mayra Gascot, the president of the condominium's board, along with Total Administration Inc., Mayra I. Bezares, and Félix Cotto. The complaint was based on allegations that Cotto, who began serving as the condominium's administrator, lacked the necessary licenses and permits required for his role.

Carmona Rivera's complaint was initially dismissed by the Department of Consumer Affairs (DACo) on February 9, 2026. DACo concluded that it did not have the jurisdiction to address the complaint, stating that the issues raised were academic since Total Administration had ceased its services to the condominium. Carmona Rivera disagreed with this ruling and sought a review from the Court of Appeals, arguing that the DACo had erred in its decision.

The Court of Appeals, led by Judge Cintrón Cintrón, along with Judges Rodríguez Flores and Díaz Rivera, reviewed the case and confirmed DACo's dismissal. The court noted that the administrative agency had acted within its authority and that the complaint had become academic due to the cessation of services by Total Administration. The court stated, "The mere allegation of non-compliance does not suffice to overcome the doctrine of academicism, when the facts that gave rise to the controversy have ceased and there is no concrete remedy pending adjudication."

The ruling emphasized the importance of jurisdiction and the necessity for a real, justiciable controversy to exist for the courts to intervene. The court found that the DACo's decision was reasonable and adhered to the appropriate legal framework. It also highlighted that the administrative agencies have a presumption of legality and correctness in their decisions, which the appellant failed to overcome.

This ruling has significant implications for condominium residents in Puerto Rico. It reinforces the need for ongoing compliance with legal and regulatory requirements by condominium boards and administrators. Additionally, it underscores the limitations of administrative agencies in addressing complaints that may no longer have practical relevance due to changes in circumstances.

Going forward, the decision may affect how residents approach grievances against their condominium boards. Residents must be aware that if a board or administrator ceases operations, it may complicate their ability to seek redress for past actions. However, the court did note that if similar issues arise in the future, residents could file new complaints, ensuring that the door remains open for future accountability.

As for the possibility of further legal action, Carmona Rivera could potentially appeal the ruling to the Puerto Rico Supreme Court. However, details regarding any related cases or pending appeals were not available in the court filing.