The Puerto Rico Court of Appeals ruled on June 18, 2026, to dismiss an appeal from the AsociaciĂłn de Residentes de Sabanera del RĂo, Inc. regarding a construction permit granted to Audeliz LebrĂłn Rosa. The court found that the association failed to follow proper notification procedures, which has implications for how residents can contest permits in the future.
This case matters because it highlights the legal requirements for residents to challenge construction permits in Puerto Rico. The ruling affects the rights of residents to voice their concerns about developments in their communities.
Background
The AsociaciĂłn de Residentes de Sabanera del RĂo, Inc. is a community organization representing residents in the Sabanera del RĂo neighborhood of Gurabo, Puerto Rico. The association sought to challenge a construction permit issued to Audeliz LebrĂłn Rosa by the Oficina de Gerencia de Permisos (OGPe) on September 16, 2025. The permit allowed LebrĂłn Rosa to expand his residence, including the construction of a pool and a fence.
The association argued that LebrĂłn Rosa did not obtain the necessary approval from their Architectural Committee before applying for the construction permit. They claimed that a document presented as proof of approval was fraudulent, lacking required signatures and official stamps. After an administrative hearing, the OGPe upheld the permit, leading the association to file an appeal.
The Ruling
The court, led by Judge Brignoni Mártir, ruled to dismiss the appeal due to lack of jurisdiction. The court stated, "Due to the failure of the appellant to notify the agency whose decision is being appealed, this forum lacks jurisdiction to address the matter." The court emphasized that the association did not notify the Division of Administrative Reviews (DRA) about their appeal, which is a necessary step under Puerto Rican law.
The ruling pointed out that the law requires notification to the DRA on the same day the appeal is filed. The court noted, "This requirement is of a jurisdictional nature, meaning it cannot be overlooked or extended." As a result, the court could not consider the merits of the case.
Impact
This decision sets a significant precedent for how residents in Puerto Rico can contest construction permits. It underscores the importance of following procedural rules when appealing administrative decisions. The ruling may discourage future appeals if residents do not fully understand the notification requirements.
Residents who wish to challenge permits must ensure they comply with all legal requirements, including timely notifications to the appropriate agencies. This ruling may affect not only the AsociaciĂłn de Residentes de Sabanera del RĂo but also other community organizations across Puerto Rico.
What's Next
Details were not available in the court filing regarding whether the association plans to appeal the ruling. However, given the strict jurisdictional requirements outlined by the court, any future attempts to contest similar permits will need to adhere closely to legal protocols.











