The Puerto Rico Court of Appeals has ruled in a significant case involving Dorado 2011 LLC and Dorado 2013 LLC, which has implications for condominium owners and their rights. The court's decision addresses a dispute over modifications made to condominium units, specifically regarding window installations that were challenged by the condominium's governing board.

This case, filed under docket number KLRA202400669, highlights the ongoing tensions between individual property owners and condominium associations regarding property modifications and adherence to community guidelines.

Background

Dorado 2011 LLC and Dorado 2013 LLC, represented by Carlos Perdomo, filed a complaint against the Consejo de Titulares (Board of Directors) of the Villa Dorado Resort Condominium. The dispute originated when Dorado LLC sought to make modifications to their units, specifically the installation of new windows. The Board initially approved these modifications but later expressed concerns about the reflective nature of the new windows, stating they altered the building's facade.

The Board held an extraordinary assembly on January 15, 2022, where they determined that the new windows did not comply with the established guidelines for the condominium. Dorado LLC argued that this assembly violated the Condominium Law of Puerto Rico and claimed that the Board's actions were arbitrary and contrary to their previous approvals. They sought to declare the assembly's decisions null and demanded that the Board cover the costs of replacing the windows.

The case was escalated to the Department of Consumer Affairs (DACO), which issued a summary resolution on September 30, 2024, denying Dorado LLC's complaint. Dissatisfied with this outcome, Dorado LLC appealed to the Court of Appeals.

The Ruling

The Court of Appeals, led by Judge Isaías Sánchez Báez and joined by Judges Aldebol Mora and Boria Vizcarrondo, reviewed the DACO's decision. The court modified the previous resolution, stating, "the guidelines for construction and renovation were validly adopted by the Board of Directors under the powers conferred by the Master Deed and the Condominium Regulations." The court concluded that the guidelines were enforceable against Dorado LLC, as they had acknowledged and committed to following them during their renovation process.

The court found that the windows installed by Dorado LLC did not meet the uniformity standards set forth in the guidelines, thus justifying the Board's request for their replacement. The ruling emphasized that Dorado LLC could not challenge the validity of the guidelines after having sought approval for their renovations based on those same guidelines.

Impact

This ruling has significant implications for condominium owners in Puerto Rico. It reinforces the authority of condominium boards to enforce community guidelines and standards regarding property modifications. Owners must be aware that once they agree to these guidelines, they cannot later contest their validity if they fail to comply.

The decision also sets a precedent for how disputes between individual owners and condominium associations are handled, particularly regarding modifications that affect the overall appearance and integrity of the building. This case may encourage other condominium associations to be more proactive in enforcing their regulations and addressing violations.

What's Next

Details were not available in the court filing regarding whether Dorado LLC plans to appeal this decision further. However, the ruling stands as a significant interpretation of condominium law in Puerto Rico, potentially influencing future disputes of a similar nature.