Consejo de Titulares del Condominio Victoria Plaza v. Gómez Estremera
184 P.R. 407
| Supreme Court of Puerto Rico | 2012Background
- Condominio Victoria Plaza is a residential horizontal-property condo in San Juan with 35 units governed by a Council of Titulares and a Board.
- On May 21, 2008, water overflow from Apartment 2-B damaged the building's service elevator; repairs cost $10,765 funded by the condo.
- The Gómez-Cruz spouses pursued an extrajudicial claim against the Council; insurer Universal Insurance denied coverage ausal link and no DACO claim followed.
- February 25, 2009 the Council sued Gómez-Cruz for damages; on June 12, 2009 Gómez-Cruz filed a compulsory reconvention alleging maintenance work on the cistern (May 20, 2008) caused the flood.
- The parties disputed whether DACO (a consumer affairs department) or the state court should handle impugnments of condo decisions, under Art. 42; the trial court denied the motion to dismiss the reconvention; appellate court denied certiorari.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reconvención can address damages against the condo governance | Gómez-Cruz: reconvención is proper to resolve related damages. | Condominio: reconvención improperly seeks damages over which DACO has exclusive jurisdiction. | Reconvención improper; DACO exclusive jurisdiction applies. |
| Whether DACO is the exclusive forum for impugnations against condo governance when housing units are involved | Gómez-Cruz: DACO should decide impugnments under Art. 42. | Condominio: DACO jurisdiction is exclusive for residential units; otherwise, the court may hear related claims. | DACO has exclusive jurisdiction for impugnments involving residential units; exclusive forum is DACO. |
| If Article 42 applies, what is the applicable prescriptive period and forum for actions arising from condo governance | Gómez-Cruz asserts a broader posturing under Art. 42(c) with a two-year or longer horizon. | Condominio argues the 30-day or two-year windows depend on the specific subsection (a/b/c) of Art. 42. | Art. 42(c) provides a two-year period; exclusive DACO forum; action framed as impugnment under Art. 42(c). |
Key Cases Cited
- Consejo Cond. Plaza del Mar v. Jetter, 169 D.P.R. 643 (2006) (discusses DACO's exclusive jurisdiction and limits of Superior Court recourse)
- First Fed. Savs. v. Asoc. de Condómines, 114 D.P.R. 426 (1983) (analyzes jurisdiction and consolidation in condo disputes)
- Sastre v. Cabrera, 75 D.P.R. 1 (1953) (cosa juzgada principles in reconventional context)
- Pereira Suárez v. Jta. Dir. Cond., 182 D.P.R. 485 (2011) ( clarified timing under Art. 42 and related periods)
- Amill v. J. Dir. Cond. Pumarada, 156 D.P.R. 495 (2002) (discusses exclusivity and admin-law aspects of condo governance actions)