P.R. Laws tit. 5, § 4588

2019-02-20 00:00:00+00
§ 4588. Review by the court

Any person who has adversely affected by the final decision of the Board of Directors and who has exhausted every legal recourse presented before the Board shall be entitled to have the Court of First Instance review said decision.

The provisions in this subchapter shall be construed considering the protection of the special social nature of this type of community housing and cooperative law, and no other guidelines shall be applied whose effect is contrary to this. For example, provisions regarding what constitutes improper conduct shall not be construed pursuant to the strictest standards of criminal law.

The proceedings for the judicial review shall be initiated by filing the corresponding petition at the competent part of the Court of First Instance within thirty (30) days after delivery by certified mail of the notice of the final decision of the Board. This term shall be jurisdictional in nature. Copies of the petition shall be delivered to the Board and to the parties involved.

The act of filing the petition for a judicial review shall not prevent the decision of the Board from being put into effect unless the court of review orders its suspension while the review is pending, upon due justification therefor.

Any party who is adversely affected by the judgment issued by the Court of First Instance may request a review of said ruling through writ of certiorari within thirty (30) days after the decision of the Court of First Instance is filed. This term shall be jurisdictional in nature.

History —Sept. 1, 2004, No. 239, § 35.8.