Consejo de Titulares Condominio Pavilion Court v. Sylvia Esther Santiago Figueroa, Cynthia Michelle Burgos López

Summary

The Puerto Rico Court of Appeals reviews a partial judgment dismissing an action by the condominium owners’ council seeking preliminary and permanent injunctive relief. The dispute concerns access to patios adjoining condominium apartments to repair perimeter fences and install security concertina wire. The court modifies the trial court’s judgment based on the parties’ competing factual assertions and the governing condominium documents.

Holdings

1. The trial court erred by dismissing the entire action when the summary-judgment record presented a material factual dispute. It was required to identify the disputed and undisputed facts and allow the unresolved issue to proceed to an ordinary trial under Rule 36.4.
2. A genuine dispute of material fact existed as to whether the fences serving apartments 5-A and 5-B had security coils before Hurricane María.
3. The Consejo was not entitled to an injunction on the summary-judgment record because it failed to establish that the security coils had existed on the appellees' fences before the hurricane. The request for access to install the coils therefore could not be granted before trial.

Questions Presented

1. Whether the trial court erred by dismissing the entire action after denying the Consejo's motion for summary judgment instead of identifying disputed material facts and ordering further proceedings under Rule 36.4.
2. Whether the appellate court could determine on de novo review that a material factual dispute existed regarding whether security coils were installed on the appellees' fences before Hurricane María.
3. Whether the Consejo was entitled to preliminary or permanent injunctive relief on the summary-judgment record.

Disposition

remanded