Bill 310.

Summary.

The bill establishes a framework for condominium property administration. It would apply to individuals and legal entities engaged in the activity, their professional associations, and owners’ assemblies that hire their services. It defines administrators and administrative assistants, contracts related to the activity, the license, the bond, and the registry. It places property management under Law 284 of February 14, 2022, its implementing regulations, condominium bylaws, and owners’ assembly decisions. It also refers to the Labor Code of the Republic of Panama and the registration of units with the Public Registry of Panama (Registro Público de Panamá).

To obtain a license, individuals would have to provide proof of identity, domicile and immigration status, a background record, proof of passing an examination, and a bond of 10,000 balboas (B/.10,000.00). Foreign nationals would also need permanent residency, a work permit, and certification by the National Immigration Service (Servicio Nacional de Migración) of at least 5 years of legal residence. Legal entities would submit documents concerning their legal representative and a certificate from the Public Registry of Panama, as well as that representative’s current license. Those already practicing when the law is published would have 18 months to demonstrate their qualifications. The license would be valid for 3 years; renewal would require a bond and continuing training. Noncompliance would lead to a fine of 100 balboas (B/.100.00), suspension, and possible revocation within the specified periods.

The Technical Board of Condominium Property Administrators would be established under the Ministry of Housing and Land Management (MIVIOT), with participation by the Condominium Property Directorate (Dirección de Propiedad Horizontal) and representatives of accredited associations. The Ministry of Government (Ministerio de Gobierno) would grant those associations legal personality, and they would be registered with the Public Registry. The Board would decide applications within 30 calendar days after the requirements are verified; a denial could be challenged by a request for reconsideration within 10 business days. The bill regulates the rotation of representatives, meetings, the signing of minutes, and disqualification based on family or economic ties. The Board would review applications, accredit training and associations, administer in-person digital examinations, issue licenses, adopt a code of ethics, impose sanctions, and recommend amendments to the Executive Branch.

Administrators’ obligations are linked to Article 93 of Law 284 of February 14, 2022, its implementing regulations, the condominium bylaws, and decisions of the owners’ assembly and board of directors. Legal entities engaged in administration would train their assistants. Fees would be agreed with the board of directors, taking into account the property’s condition and characteristics, common expense assessments, its size, and the administrator’s experience. A free public digital registry would be maintained by the Condominium Property Directorate, updated every 3 months, and populated automatically after a license is granted.

The Board could revoke licenses obtained fraudulently or where an administrative decision or a judgment of the Judicial Branch (Órgano Judicial) disqualifies a person from practicing. The sanctions include reprimands, suspension, and fines ranging from 100 balboas (B/.100.00) to 10,000 balboas (B/.10,000.00), imposed by MIVIOT for practicing without authorization and payable to the National Treasury (Tesoro Nacional). Sanctions would be published. The bill sets conditions for lifting disqualifications and suspensions; those who demonstrate more than 10 years of practice would be exempt from the examination for 18 months but would have to meet the other requirements. The bill repeals conflicting provisions and would take effect upon its promulgation in the Official Gazette. Its provisions concern the public entities mentioned, owners, administrators, professional associations, insurers, and the real estate and commercial sectors.