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What this document means:
This document dated January 8th clearly states that only deed 1937 is the governing document that must be followed for the VE Homeowners Association.
This very important resolution from the Ministry of Government that determines all Homeowner Rules.
This document clearly demonstrates that the 2010 CC&R's even if they were called Operating Rules were never submitted and approved which must be done first before they can go into effect.
What this document means:
This document dated January 8th clearly states that only deed 1937 is the governing document that must be followed for the VE Homeowners Association.
This very important resolution from the Ministry of Government that determines all Homeowner Rules.
This document clearly demonstrates that the 2010 CC&R's even if they were called Operating Rules were never submitted and approved which must be done first before they can go into effect.
-All changes MUST be approved by MINGOV including that any operating rules must be referenced.
-MINGOV only has DEED 1937 and the 2010 document was never submitted to them nor approved so ONLY 1937 applies.
This is the law. THERE IS NO SC!
Translated in English below.
ENGLISH TRANSLATION :
República
de Panama
Ministerio de Gobierno MINGOB
Oficina Asesoría Legal
Panama, 8
de enero de 2014
Licenciado Nota No.
65-OAL-15
Julio Cesar Espinosa
Procurador Judical
Asociación de
Propietarios de Valle Escondido
Ciudad
Upon
instructions of Mrs. General Secretary, Ministry of Government am pleased to
answer the note signed by you, which raises questions about the obligation or
not to request amendments to the regulations of the Valle Escondido Homeowner’s
association for approval by the Ministry of Government.
In
this regard, we report that the Executive Decree 524 of 31 July 2005 that
dictates rules for recognition of legal entities, establishes that the Ministry
of Government authority to approve amendments to the Statute of associations or foundations proven non-interest profit
subject to compliance with all requirements, so any modification to the statute
must be submitted to the consideration of the Ministry of Government.
In
the case of the Valle Escondido Homeowner’s association, as established in the twenty-seventh article of the statute
of the association, any amendment to the statute must be approved by the
General assembly with the consent of 75% of the members present at the meeting.
Once the proposal is approved the reform by the General Assembly, shall submit
to the approval of Ministry of government.
Regarding
the Internal regulations of associations or private foundations, non-profit,
non competition the Ministry of Government, therefore concerning their adoption,
approval, reform and inscription in the Public Registry is managed privately by
each entity.
Moreover,
it follows the Thirty article of the
Statute Regulation, Duties, Rights and Restrictions of Valle Escondido
Urbanization forms an integral part of the statute, however deed 1937, filed on October 15, 2003 is the
only protocol of Incorporation and confirms the statute does not contain the
(CC&R’s) Rules and Regulations
which was notarized by deed Post
3329 of July 30, 2010 and does not appear in the Ministry of Government for approval thereon.
Without further
Francisco
Augusto De Leon MINGOB Stamp
Director
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