P.R. Laws tit. 5, § 4625
When a member-owner incurs any improper conduct, as defined in this chapter, the Board of Directors shall summon said member to a hearing, notifying him/her in advance in a term of not less than ten (10) days nor more than thirty (30) days, guaranteeing due process of law, which shall include: the date, time and place of the hearing, due notice of the charges, opportunity to present adequate defense, whether personally or through legal counsel, the right to examine the records of the case and to testify, present witnesses and evidence in his/her defense, to cross examine witnesses and adverse evidence. The Board of Directors shall record the proceedings and shall guarantee an official record of the hearing. All decisions issued by the Board of Directors shall contain findings of fact and findings of law pursuant to the law and the regulations that may apply and shall always act as an impartial judge that issues decisions founded upon the evidence that is presented and the merits of the proceedings.
The Board of Directors shall name an impartial examiner to hear the evidence and submit recommendations.
Violations to the norms of conduct of a grave nature which may entail the loss of member status, which in turn implies the dissolution of the acquisition of property rights over the housing unit shall be governed pursuant to the provisions of the master deed and the general rules, stated as a condition for resolution or a resale agreement in the case of the loss of member status. In such a case, the cooperative shall acquire the housing unit or shall give the affected party reasonable time to sell it to a qualified member. This remedy may be used as an alternative or jointly with any other legal remedy or one established by regulation. Grave violations shall be those pertaining to conduct that directly damages the community or the cooperative, such as assault, threats, mutilation or death of any member or his/her relatives, vandalism, disturbance of the peace, theft, or any other such act which takes place within the premises of the cooperative which is directed against any member or any person who works in or visits the premises.
Any improper conduct in which the member-owner may engage which entails a grave nature shall be defined in the general rules, thus guaranteeing due process of law to the affected member.
All determinations issued by the Board of Directors shall be made within thirty (30) days following the date on which the hearing is held and shall be notified to the member within a term of not more than ten (10) days of the date on which the determination is issued, at the last known address, delivered personally, or sent by certified mail.
History —Sept. 1, 2004, No. 239, § 35A.35.