SANTO DOMINGO– Delinquency remains one of the main challenges for condominium management, as timely payment of maintenance fees is essential for sustaining common services, maintaining facilities, and ensuring the smooth operation of the communities. However, the right of homeowners' associations and management companies to collect these payments is limited by the fundamental rights of property owners.
This was explained by Darnetty Lugo, a lawyer specializing in real estate law, when analyzing the scope of Constitutional Court Ruling TC/0684/26, which ordered the residents' association of the Estrella Marina residential complex to refrain from making publications or sending communications that would affect the good name, image or dignity of residents in arrears.
"Owing money does not cause a person to lose their fundamental rights," Lugo stated, referring to the high court's decision.
The lawyer indicated that the ruling makes it clear that the administration fully retains its right to claim payment of maintenance fees, but that right must be exercised through legal, prudent and proportionate mechanisms.
He explained that the existence of a debt does not eliminate the constitutional guarantees related to human dignity, privacy, honor, good name and the private life of the owners.
In that regard, he argued that practices such as publicly disclosing the identity of delinquent residents or using pressure tactics that affect their reputation can violate rights protected by the Constitution.
The ruling encourages more professional debt collection
Rather than interpreting the decision as a limitation for condominium administrations, the specialist understands that it represents an opportunity to strengthen the institutional management of communities.
The specialist pointed out that neighborhood associations should establish clear collection protocols, handle owners' information with strict confidentiality, and properly document each action taken during the debt recovery process.
He also recommended promoting payment agreements where possible, training administrators and members of neighborhood boards on the legal limits of their actions, and avoiding publications or communications that could be harmful to residents.
In his opinion, these measures not only reduce the risk of legal conflicts, but also strengthen trust between the administration and the condominium owners.
Collecting revenue and respecting rights are not incompatible objectives
Darnetty Lugo emphasized that the Constitutional Court's decision does not eliminate the right of administrations to collect maintenance fees nor does it weaken their authority to manage condominiums.
On the contrary, he explained that the ruling requires that this right be exercised within the constitutional framework and with full respect for the fundamental guarantees of individuals.
"The real challenge is not choosing between collecting taxes or respecting fundamental rights, but achieving both at the same time," he said.
In their opinion, when collection processes are carried out with legality, respect and institutional criteria, not only is the common property of the condominium protected, but coexistence and trust among those who make up the community are also strengthened.
The specialist recalled that the criterion set by the Constitutional Court serves as a reference for condominium administrations on how they should manage the processes of recovering outstanding fees, reconciling the right to credit with the protection of rights such as the dignity, honor and privacy of the owners.
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