The Puerto Rico Court of Appeals recently ruled against Felisa Rivero Crespo in a case involving water damage to her apartment in the El Atlántico condominium. The court confirmed a previous decision by the Department of Consumer Affairs (DACo) that dismissed her complaint against the condominium's board of directors and a neighboring unit owner. This ruling is significant as it clarifies the jurisdictional limits of DACo regarding disputes between condominium owners.
The case, Felisa Rivero Crespo v. Junta De Directores Y Consejo De Titulares Cond. El Atlántico Y Otros, was filed under docket number TA2026RA00144. It highlights the challenges faced by condominium owners when dealing with property damage and the responsibilities of condominium associations.
Background
Felisa Rivero Crespo owns apartment 710 in the El Atlántico condominium. In August 2024, she filed a complaint with DACo against the condominium's board and Popular, Inc., the owner of apartment 810. Rivero Crespo alleged that water leaks from apartment 810 caused significant damage to her unit, and she sought compensation for repairs and damages.
Rivero Crespo claimed that the board failed to address her complaints in a timely manner, exacerbating the damage. DACo conducted hearings on the matter and ultimately ruled on February 25, 2026, that it lacked jurisdiction to address the complaint, as the dispute was between co-owners of the condominium.
The Ruling
The court upheld DACo's decision, stating, "the controversy is strictly between owners, which, according to Rule 23 of the Condominium Regulations, is excluded from DACo's jurisdiction." The ruling emphasized that DACo does not have the authority to adjudicate disputes between condominium owners regarding damages caused by one unit to another.
The court found that Rivero Crespo's complaint was essentially a request for compensation from another owner, which fell outside DACo's mandate. The court noted that the leaks had ceased by July 22, 2024, making the issue academic and further limiting DACo's jurisdiction in the matter.
Impact
This ruling has important implications for condominium owners in Puerto Rico. It clarifies that disputes between unit owners regarding property damage must be addressed in the Court of First Instance rather than through administrative channels like DACo. This decision may affect how condominium associations handle complaints and the responsibilities they have towards their members.
Furthermore, the ruling reinforces the principle that administrative agencies like DACo have limited jurisdiction and cannot intervene in all disputes involving condominium owners. This could lead to more disputes being resolved in court, potentially increasing the burden on the judicial system.
What's Next
Rivero Crespo has the option to appeal the ruling to a higher court, but the opinion did not specify whether she intends to do so. There are no related cases pending that were mentioned in the court filing.