In Freyre Martínez v. Consejo de Titulares del Condominio Sol y Playa, 2026 TSPR 20, the Puerto Rico Supreme Court addressed for the first time the concept of default in administrative proceedings under Puerto Rico’s Uniform Administrative Procedure Act (“LPAU” for its acronym in Spanish).
The case arose from a DACO complaint filed by a condominium owner against the condominium board challenging certain special assessments related to demolition costs, legal fees, and prior construction work. Although the Board had twenty (20) days to answer the complaint, it responded more than seven months later without timely requesting an extension.
The Supreme Court held that, under the LPAU, DACO has discretion to enter default in administrative proceedings and that, under the circumstances of this case, DACO should have exercised that discretion. The Court further explained that default results in the admission of properly pleaded factual allegations, but does not automatically entitle a complainant to relief.
Despite the untimely answer, the Supreme Court ultimately concluded that DACO properly dismissed the complaint because the complainant failed to satisfy the threshold statutory requirements under Article 65 of the Puerto Rico Condominium Act for challenging condominium board resolutions. Specifically, the complaint failed to allege that the complainant attended or was represented at the relevant assemblies and voted against the challenged measures, or that his absence was justified.
The decision underscores both the importance of complying with procedural deadlines in administrative proceedings and the need for complaints to adequately plead all statutory requirements necessary to sustain a claim. Even in default, administrative agencies may dismiss claims that fail to meet essential legal requirements.
Our team regularly advises clients on condominium, administrative, and regulatory matters in Puerto Rico. For guidance regarding these matters, feel free to contact us.
Author: Stella M. González-Pérez
