Mario Vargas explains new elements in the enacted law 284 that comprehensively reforms Horizontal Property

On February 14, Law 284 was promulgated in Official Gazette 29476-C, which reforms Horizontal Property in the country. With the new law, Law No. 31 of June 18, 2010 is subrogated and benefits are incorporated for those who currently live in a ph.

For the lawyer and specialist in PH issues, Mario Vargas, elements that attract attention were introduced in this new regulation, “in times of pandemic there were many communities that decided to modify quotas and eliminate the surcharge for late payment. This was illegal, it was always illegal.”

He added that an article is introduced, which says that it is prohibited for the boards of directors to sign payment arrangements without the authorization of the owners’ assembly.

“The money does not belong to the Board of Directors, they cannot be signing payment arrangements that exempt you from all surcharges. Beyond practicality, we have to see the legal part. The law also, in article 28, talks about what to do with delinquent owners. Now it introduces an element that a delinquent owner is prohibited from entering visitor or supplier vehicles, ”he stressed.

What the law says, in another numeral of that article 28, is that as the owner you can enter, but the PH can limit automatic access through the residents’ area and disconnect the controls.

It should be noted that, according to a report from the Ministry of Housing and Territorial Planning (Miviot), during the years 2019 when the current administration of the current government and until 2022 some 173 new buildings have been incorporated into the Horizontal Property Regime in Panama.

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