Sunafil approved new obligations to the Boards of Owners, the highest entity responsible for the management and administration of the areas of a horizontal property. Resolution 358-2019-Sunafil is specific to issue N°3 in relation to the labour inspection on this body.

In this regard, the regulations state that "in the face of a complaint that is made against a Board of Owners, it is appropriate to issue the specific Inspection Order addressed to the owners who make up the Board, as long as they are identified. If not, the generic Inspection Order will be generated to identify the owners during the inspection activities."

What does the Law say?

Law No. 27157 determines that the Board of Owners is made up of the owners of the exclusive sections of the building and that it also enjoys the joint representation of these. Such a board must have a chairman who must exercise legal representation and assume the functions and responsibilities of the rules of procedure.

Peruvian regulations do not recognize the Board of Owners as a legal entity, but this does not exempt owners from fulfilling their labor obligations regarding the payment of social benefits of workers operating in the building or condominium.

In this new context of a state of emergency, it is important that the Owner Boards consider their civil responsibility for the occupational safety of the personnel working in their facilities in the midst of the Covid-19 pandemic.

Special Labor Regime

The sixth Complementary and Final Provision of the Micro and Small Business Law provides that "boards or associations or groups of owners or tenants in a horizontal property or housing condominium regime, as well as associations or groups of neighbors, may benefit from the labor regime of the microenterprise with respect to workers who provide them with joint surveillance services , cleaning, repair, maintenance and the like, as long as they do not exceed ten workers."

The approval of sunafil's new criterion must motivate the Owners' Boards to formalize and register in the Mype regime and the Single Taxpayers' Registry of SUNAT when they have up to ten workers, in order to avoid sanctions and fines and thus guarantee compliance with their labor obligations.

In the event that the Board of Owners will hire the services of a real estate administration agency and that this company registers within its payroll the workers, the Board is not exempt from the labor liability that the owners have in a joint and several manner, since these services will be considered as an outsourcing and it is up to the owners to pay the labor benefits of the building or condominium workers.

Source: C Gestiona.