The Puerto Rico Court of Appeals recently issued a ruling in the case of Marimar Pérez Riera v. Consejo De Titulares Condominio Marymar Condado (Docket TA2026RA00160). The court's decision affects residents of the Marymar Condado condominium and addresses issues of jurisdiction in disputes involving condominium associations.
This case centers around a complaint filed by Marimar Pérez Riera, a resident of the Marymar Condado condominium. She alleged that the condominium's management failed to address ongoing issues of water leaks and property damage that have affected her apartment since 2016. The court's ruling clarifies the jurisdictional authority of the Department of Consumer Affairs (DACo) in handling such disputes.
Background
Marimar Pérez Riera, the complainant, filed her case against the Consejo de Titulares, the condominium's board of directors, J.O.G. Engineering Corp., and engineer José O. González García. She claimed that the condominium's management neglected necessary repairs, which led to significant damage to her property. The complaint included multiple causes of action, including violations of the Condominium Law of Puerto Rico, which governs the responsibilities of condominium associations.
The dispute began when Pérez Riera filed her complaint with DACo on April 18, 2022. She sought remedies for the damages she incurred, including compensation for emotional distress. The Consejo de Titulares responded by filing motions to dismiss, arguing that the court lacked jurisdiction and that the claims were filed too late. This back-and-forth led to a series of administrative decisions and appeals, ultimately reaching the Court of Appeals.
The Ruling
On May 5, 2026, the Puerto Rico Court of Appeals ruled on the matter, stating that it lacked jurisdiction to review the administrative decisions made by DACo. The court emphasized that administrative decisions can only be reviewed under specific circumstances, such as a clear lack of jurisdiction or constitutional violations.
The court ruled, "Due to the lack of jurisdiction of DACo, we are unable to assume jurisdiction to address the administrative review request."
The ruling was delivered by a panel of judges, including Judge Prats Palerm, Judge Monge Gómez, and Judge Romero García. The court found that the issues raised by the Consejo de Titulares did not meet the criteria for intervention, and thus, the administrative decision to proceed with the case was upheld.
Impact
This ruling has significant implications for condominium residents and associations in Puerto Rico. It reinforces the authority of DACo in handling disputes related to condominium governance and property damage claims. The decision clarifies that claims for damages must be addressed within the framework established by the Condominium Law, which designates DACo as the primary authority for such matters.
Furthermore, the ruling sets a precedent regarding the jurisdictional boundaries of administrative agencies in Puerto Rico. It underscores the importance of following proper procedures and timelines when filing complaints, as failure to do so can result in dismissal of claims. This may encourage residents to be more diligent in addressing grievances with their condominium associations.
What's Next
While the court's decision is final regarding the current administrative review, it is possible for parties to appeal to the Supreme Court of Puerto Rico if they believe there are grounds for further legal examination. However, details on any potential appeals or related cases were not available in the court filing.