Cintron Perez, Christian O v. Junta Direct Cond Torre Del Cardenal
KLRA202400279
Tribunal De Apelaciones De Pue...Jul 16, 2024Background
- The dispute arose between Christian O. Cintrón Pérez, Cristina Guerra Cáceres, and their marital property society (the "recurrida") and the Condominium Torre del Cardenal’s Board (the "recurrente") over penalties for late payment of condo fees.
- The Board notified Cintrón Pérez et al. of outstanding balances and penalties for late payments in early 2023, after warning of potential penalties for non-payment beyond a specified date.
- The owners objected to the late payment penalties and requested the activation of a Conciliation Committee, questioning the validity of the charges and the handling of payment.
- After failed attempts to resolve the dispute with the Board, the owners filed a formal complaint with the Departamento de Asuntos del Consumidor (DACo) on July 21, 2023.
- DACo ruled summarily in favor of the owners, holding that the complaint was timely and ordering elimination of penalties, which the Board then appealed.
- The Court of Appeals reviewed whether DACo had jurisdiction, followed due process, and made a reasonable conclusion based on the administrative record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DACo had jurisdiction over a "late" complaint | DACo lacked jurisdiction; complaint was untimely | DACo had jurisdiction, tolling rules applied | DACo's jurisdiction affirmed; complaint timely |
| Validity of activating a Conciliation Committee | Conciliation Committee was defunct by law | Owners could seek committee intervention | DACo acted within discretion |
| Owners' compliance with requirement to be current | Owners' account not current, barring complaint | Owners challenged penalties, in good faith | DACo reasonably found rules met |
| Opportunity to respond and present evidence | Board denied chance to respond/present proof | Sufficient process was given | No procedural error; summary judgment upheld |
Key Cases Cited
- OCS v. Universal, 187 DPR 164 (P.R. 2012) (sets standard for judicial review of administrative agency findings)
- González Segarra v. CFSE, 188 DPR 252 (P.R. 2013) (explains "substantial evidence" standard for agency fact findings)
- Hernández Feliciano v. Municipio de Quebradillas, 211 DPR 99 (P.R. 2023) (administrative decisions presumed correct unless proven otherwise)
- JP, Plaza Santa Isabel v. Cordero Badillo, 177 DPR 177 (P.R. 2009) (courts accord deference to agency statutory interpretations)
- De Jesús v. Depto. Servicios Sociales, 123 DPR 407 (P.R. 1989) (judicial review standards for administrative action)