Martínez Maldonado v. Consejo De Seguridad Y Recreación De Urbanización Villamar Este, Inc. (conserve)

Summary

The Supreme Court of Puerto Rico held that a homeowners' association of a gated community may impose a non-recurring special assessment for attorney's fees and legal expenses without unanimous member consent, so long as it is necessary and complies with the voting procedures in the association's bylaws. It confirmed the validity of the $150 special fee approved by majority vote and vacated the attorney's fee award against the association for temerity. The Court distinguished Pérez Riera, which required unanimity in the condominium (horizontal property) context, as inapplicable to access-control associations governed by corporate law.