The Puerto Rico Court of Appeals has reversed a lower court's decision that dismissed a case involving unpaid condominium fees. The ruling affects the Consejo de Titulares del Condominio Bosque de la Villa de Torrimar, which had sought to collect over $14,000 from Efraín Echeverri Ortiz and Josiane Marie Álvarez Chung. This decision is significant as it allows the condominium association to pursue its claims in court.
The dispute began when the Consejo de Titulares filed a lawsuit on November 9, 2025, against Echeverri Ortiz, Álvarez Chung, and their legal partnership for failing to pay their maintenance fees. According to the complaint, the defendants stopped making regular payments in November 2022 and owed a total of $14,266.39, which included maintenance fees and insurance costs. The condominium association attempted to collect the debt but was unsuccessful, prompting them to take legal action.
The case reached the Court of Appeals after the lower court, the Tribunal de Primera Instancia, dismissed the claims against Álvarez Chung and the legal partnership on January 27, 2026. The court ruled that the condominium association failed to properly serve Álvarez Chung with the lawsuit, a requirement for the court to have jurisdiction over her. The association then sought reconsideration of this decision, but the lower court denied their request.
On April 16, 2026, the Court of Appeals, led by Judge Ortiz Flores, along with Judges Bonilla Ortiz and Martínez Cordero, issued a ruling that reversed the lower court's dismissal. The court found that the lower court had erred in dismissing the case before the 120-day deadline for serving the defendants had expired. The court stated, "The lower court erred by dismissing the complaint against Álvarez Chung and the legal partnership before the expiration of the 120-day term for service of process."
In its opinion, the Court of Appeals emphasized that the condominium association had taken steps to correct the service issue by requesting an edict for service after failing to serve Álvarez Chung personally. The court noted that the association published the edict in a local newspaper and sent the necessary documents via certified mail, which complied with the procedural requirements. The court concluded, "When a service is improperly executed, the appropriate remedy is not to dismiss the complaint but rather to order that the service be repeated."
The ruling has significant implications for the condominium association and its ability to collect the overdue fees. By allowing the case to proceed, the court has reinforced the importance of following procedural rules while also ensuring that parties have the opportunity to present their cases in court. This decision also highlights the court's commitment to ensuring that technical errors do not prevent access to justice.
Moving forward, the case will return to the lower court for further proceedings consistent with the Court of Appeals' ruling. The condominium association will now have the opportunity to pursue its claims against Echeverri Ortiz and Álvarez Chung, potentially leading to a resolution of the outstanding debt. This case serves as a reminder of the importance of proper legal procedures in civil cases and the courts' willingness to correct errors that may hinder justice.
It is unclear whether the defendants will seek to appeal the Court of Appeals' decision. The court's ruling may set a precedent for similar cases involving service of process and the collection of debts in Puerto Rico. As the legal landscape evolves, this case will likely be watched closely by other condominium associations and legal practitioners.