The Puerto Rico Court of Appeals recently upheld a ruling requiring Edwin Pagán Bonilla to pay over $56,000 in unpaid condo fees and penalties. The decision, made on June 26, 2026, affects Pagán Bonilla and the Consejo de Titulares del Condominio Cervantes 10, the condominium's governing body. This case highlights the importance of paying condo fees and the responsibilities of property owners.
The dispute began when the Consejo de Titulares filed a lawsuit against Pagán Bonilla on July 31, 2024, seeking payment for overdue maintenance fees and communal insurance charges for two apartments he owned. The total amount owed had reached $50,650.39 by October 2024, after the council amended the complaint to include additional fees related to a renewed insurance policy. Pagán Bonilla contested the lawsuit, arguing that the council did not have the legal standing to file the claim and that he was unaware of any existing debts when he purchased the properties.
The case progressed through the courts, with the Consejo de Titulares filing a motion for summary judgment on December 15, 2025. This motion sought a ruling that established Pagán Bonilla's debt as overdue and enforceable. The council argued that there was no substantial dispute regarding the facts of the case, as Pagán Bonilla had failed to pay the maintenance fees since acquiring the apartments. On March 11, 2026, the Court of First Instance ruled in favor of the Consejo de Titulares, ordering Pagán Bonilla to pay $56,562.80, including fees and penalties.
Pagán Bonilla appealed the ruling, claiming that the Court of First Instance had made several errors, including failing to consider the validity of the council's representation and the lack of detailed evidence regarding the debt. He argued that the court should not have granted summary judgment without addressing these issues. However, the Court of Appeals, led by Judge Cintrón Cintrón, affirmed the lower court's decision.
The court ruled, "the errors indicated by the appellant were not committed. Therefore, the primary forum did not err in granting the summary remedy in question."
The Court of Appeals found that Pagán Bonilla had not adequately opposed the summary judgment motion and that the evidence presented by the Consejo de Titulares was sufficient to support their claims. The court emphasized that the law requires property owners to pay maintenance fees, which are essential for the upkeep of communal living spaces.
This ruling underscores the legal obligations of condominium owners in Puerto Rico, particularly regarding the payment of fees. The court reiterated that the responsibility to pay these fees is not only a matter of personal obligation but also a legal requirement under the Condominium Law of Puerto Rico. The law stipulates that property owners are responsible for their share of common expenses, and failure to pay can lead to legal action.
The decision also highlights the importance of proper documentation and communication between property owners and their condominium associations. The court noted that Pagán Bonilla, as a voluntary acquirer of the apartments, had the opportunity to request a certification of any outstanding debts before purchasing the properties. By not doing so, he assumed responsibility for the existing debts.
Going forward, this ruling sets a precedent for similar cases involving unpaid condominium fees in Puerto Rico. It reinforces the idea that condominium associations have the right to pursue legal action against owners who fail to meet their financial obligations. This decision may encourage other associations to take legal action against delinquent owners, knowing that the courts will likely support their claims.
As for what’s next, Pagán Bonilla may seek further legal recourse, including a potential appeal to the Supreme Court of Puerto Rico. However, details on any such actions were not available in the court filing. The outcome of this case serves as a reminder to all condominium owners about the importance of understanding their financial responsibilities and the potential consequences of neglecting them.