Frequently Asked Questions
We know this is complicated. Fourteen years of litigation, multiple courts, and a community-wide fight don't fit in a headline. These are the questions we hear most often — answered as plainly as we can.
Have a question that isn't here? Email us at ecoredriomar@gmail.com.
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ECORED, Inc. (Coalición del Este por Derechos y Medioambiente — Eastern Coalition for Rights and Environmental Defense) is a Puerto Rico nonprofit corporation founded in 2008, the same year the Rio Mar easement lawsuit was filed.
They have been the nonprofit backbone of this campaign from the beginning — providing organizational structure, holding campaign funds, and coordinating with legal counsel throughout the 14-year litigation.
EcoRed is fully active. The organization maintains an active board, a funded bank account, and is currently working with attorneys to prepare the enforcement filing. EcoRed appears in the Puerto Rico Treasury Department's registry of exempt entities and is eligible to receive annual mandatory donations under Puerto Rico Acts 20, 22, and 60, as certified by Hacienda under Section 1101.01(a)(2). Número de Exención: 2009-1101(6)-130.
You can verify EcoRed's status directly on the Hacienda website by searching "EcoRed" under "approved non-profit organizations."
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The Rio Mar Community Association exists to serve the community — but it is controlled by LionGrove, the current owner of the resort lands. They have a 51% voting majority we can’t currently overrule. The RMCA was actually named as a defendant in the original easement lawsuit. That means the entity that administers our community was on the opposite side of the courtroom from the easement holders for 14 years.
That is why this campaign is driven by owners — not the RMCA. EcoRed exists precisely because the community needed an independent nonprofit to organize, hold funds, and coordinate legal strategy without going through an association controlled by the other side.
The RMCA cannot lead a fight against its own controlling party. We can — and we have.
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LionGrove purchased the property in 2024 and inherited the court ruling that runs with the land. The easement obligation is not personal to the prior developer — it binds whoever owns the servient estate. LionGrove did not cause the original damage, but they are now the party responsible for compliance.
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LionGrove is not the villain of this story — Wyndham-Corporate was. The destruction of the golf course and facilities happened between 2007 and 2008, before LionGrove ever arrived.
But here is the legal reality: easements run with the land. When LionGrove acquired Rio Mar from Wyndham-Corporate in 2022, they acquired both the rights to the property and the legal obligations attached to it — including the obligation to honor the easements held by Clusters 1 and 2. LionGrove did not cause the original damage, but they are now the responsible party to restore what their predecessor destroyed.
There is also reason to pay attention to what LionGrove has said publicly. In an October 2024 interview, CEO Andro Nodarse-Leon stated:
"We have opportunities to build luxury residential products, within this estate here, as well as in all of our other properties. We have additional entitlements to be able to do more in all of them."(Source: "1013: How Wyndham Grand Rio Mar Rebuilt a 30-Year-Old Resort" — YouTube ↗, approximately 10:53)
In land-use industry language, "entitlements" typically refers to development approvals — zoning, permits, and the right to build. We are not attributing bad intent. We are paying attention. And we are making sure the court's ruling is enforced before the May 2027 deadline — regardless of who owns the land.
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The case is decided. Here are some highlights of the timetable.
• 2008: Lawsuit filed by approximately 20 Cluster 1 and 2 owners
• 2009: The Trial Court (TPI) issued a Partial Judgment confirming the easements are valid and perpetual, and prohibiting the Developer from altering, modifying, or destroying the protected facilities without the consent of Cluster 1 and 2 owners
• 2012: The Puerto Rico Permits and Land Use Bureau (ARPE) revoked the Developer's construction permits — an independent administrative order protecting the same facilities
• 2021: The Puerto Rico Court of Appeals affirmed the 2009 ruling on all foundational issues — the easements are valid, perpetual, and binding
• 2022: The Supreme Court of Puerto Rico denied further review, closing every appellate avenue
Two independent court orders protect Rio Mar's easements. The Developer tried every available appeal. They lost every one. The case is final.
What remains is enforcement — asking the court to ensure its own ruling is honored. The deadline to file is May 2027. Acting before that deadline is the fastest, surest path to enforcement.
Key documents are available on our Documents page
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The easement rights belong legally to Clusters 1 and 2. But what those easements protect — the golf courses, tennis facilities, beach club, and the resort character of Rio Mar — protects the property value of every owner in the community, every cluster, and every Golf & Tennis member.
Without these easements, there is no legal basis to stop a developer from building on the land where those facilities sit. Without enforcement, the court orders that protect Rio Mar become paper rights — real on paper, meaningless in practice.
The benefit of what they won flows to every Rio Mar property owner — residents, non-residents, Golf & Tennis members, and every cluster.
Enforcement is the next chapter. A well-resourced enforcement campaign tells the Developer that this community is unified and prepared to see this through.
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Cluster 2 has been a consistent supporter of this campaign — and their residents proved it again when the 2026 budget initially omitted EcoRed funding. They stood up, voted to restore it, and those funds are expected to be released. Every Cluster 2 owner is contributing to this fight.
But Cluster 2's support alone is not enough to fund a full enforcement proceeding. This has always been a shared fight — the 2021 ruling was won with funding from across the Rio Mar community. The May 2027 deadline requires the same shared commitment. The easements protect every owner's property value, in every cluster. Enforcement needs every corner of this community behind it.
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The obligation for restoration rests with the grantor — not with the community. The court's ruling places the burden of compliance on the Developer, not on Rio Mar owners.
This campaign is not asking for beach club improvements, new construction, or capital projects that could trigger RMCA or Club assessments. We are asking the court to enforce what it already ordered — restoration of what existed and was protected under the easements.
Enforcement of the court order should not trigger any dues increase. If the Developer or RMCA were to attempt to pass restoration costs onto owners, EcoRed would be prepared to fight that as well.
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We are filing to enforce the court's existing judgment. The specific legal strategy is not something we will publish on a website the Developer can read — our attorneys are prepared, and protecting that strategy is part of how we win.
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Restoration of facilities that were damaged or altered in violation of the easements, and enforcement of the first-class maintenance standard the Developer committed to in 1994. The specific legal strategy is not published here — protecting that strategy is part of how we win.
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May 2027 is the deadline to ask the court to enforce its existing ruling. Missing it does not erase the easements — but it could limit the legal remedies available and would require starting a new proceeding. Acting before the deadline is the fastest, surest path to full enforcement.
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Funds raised support the legal work of enforcement and the operational costs of maintaining an active, compliant nonprofit — the institutional infrastructure that makes this campaign possible.
Our current needs are:
• Legal team retainer: Our attorneys are prepared to file. Sustained enforcement work — drafting, filing, hearings, and responding to the Developer's motions — requires a retained legal team.
• Court filing costs: Every motion carries filing fees. Every response from the Developer requires a response from us. These costs accumulate throughout an enforcement proceeding.
• Responding to delay tactics: The Developer has full-time legal counsel. We need to be able to match them motion for motion, and keep the case moving forward through to enforcement.
There is no dollar goal published on this site. What we can tell you is this: the Developer is a business. They will not spend money they do not have to spend. A well-funded campaign is a signal that this community will not be outlasted.
We need to fund the legal work of enforcing what the courts already ordered.
For larger gifts, we recommend giving by check or ACH transfer to minimize processing fees. Details on our Why Donate page
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Donations to EcoRed are not deductible on U.S. federal tax returns. Puerto Rico residents and Act 20, 22, and 60 decree holders may have different treatment — consult your tax advisor. EcoRed is certified by Hacienda as an exempt organization under Section 1101.01(a)(2), Número de Exención: 2009-1101(6)-130.
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Yes — fully. EcoRed is current on all Puerto Rico taxes, all filings with the Departamento de Hacienda, and all required corporate filings. The organization has been independently audited and has maintained detailed, organized records of every expenditure since 2008. EcoRed's exempt status can be verified directly on the Hacienda website by searching "EcoRed" under approved nonprofit organizations.