The Puerto Rico Court of Appeals recently ruled against René García Hoed in a case involving a dispute with the Consejo de Titulares del Condominio Dos Marinas I. The court upheld a lower court's decision that dismissed García Hoed's claims for unpaid services related to hurricane damage. This ruling impacts contractors and property owners in Puerto Rico, emphasizing the importance of proper documentation and adherence to legal requirements in contracts.
García Hoed, a licensed public adjuster, filed a lawsuit against the Consejo de Titulares on March 10, 2020. He claimed that he was contracted to represent the condominium in adjusting losses caused by Hurricane María between 2017 and 2019. According to García Hoed, he was supposed to receive a 10% commission on the net recovery from the insurance company, Mapfre Praico Insurance Company. However, he alleged that after a power struggle within the condominium's board, he was not paid for his services.
The Consejo de Titulares responded by denying the allegations and asserting that García Hoed had not provided sufficient evidence to support his claims. They argued that he lacked a valid license as a public adjuster during the relevant time period and that the contracts he referenced did not comply with legal requirements. The case was complicated by various motions and hearings, leading to a significant amount of procedural history.
On July 17, 2025, the First Instance Court granted summary judgment in favor of the Consejo de Titulares, effectively dismissing García Hoed's claims. The court found that García Hoed had not demonstrated that he was authorized to act as a public adjuster at the time of the alleged services. The court stated, "the original contract for professional services did not contain any provision that the appellant would handle the claim for the special assessment." This ruling was based on the absence of proper documentation and the failure to meet the legal requirements set forth in Puerto Rico's Condominium Law and Insurance Code.
The Court of Appeals, led by Judge Adames Soto, reviewed the case and confirmed the lower court's ruling. The appellate court emphasized that García Hoed had not successfully contested the facts presented by the Consejo de Titulares and that the evidence supported the lower court's conclusion. The court noted that the contracts in question lacked necessary approvals and did not comply with statutory requirements.
This ruling has significant implications for contractors and property owners in Puerto Rico. It reinforces the necessity for clear and legally compliant contracts, especially in situations involving professional services and insurance claims. The decision also highlights the importance of maintaining proper documentation and following procedural rules in legal disputes.
Moving forward, this case may serve as a precedent for similar disputes involving contractors and property management entities. It underscores the need for all parties to ensure that their agreements are properly documented and legally binding. Failure to do so could result in the dismissal of claims, as seen in this case.
As of now, it is unclear whether García Hoed will seek further legal recourse or if there are any related cases pending in the courts. The court's ruling effectively closes this chapter in the dispute between García Hoed and the Consejo de Titulares del Condominio Dos Marinas I, but it may open discussions about the need for clearer guidelines in contracting practices within Puerto Rico.