Amends Act No. 19.537 On Real Estate Ownership, To Facilitate The Name N Directors And The Presentation Of Improvement Projects Or Ampliacia N Of Social Housing Condominiums

Original Language Title: MODIFICA LA LEY Nº 19.537, SOBRE COPROPIEDAD INMOBILIARIA, PARA FACILITAR LA ADMINISTRACIÓN DE COPROPIEDADES Y LA PRESENTACIÓN DE PROYECTOS DE MEJORAMIENTO O AMPLIACIÓN DE CONDOMINIOS DE VIVIENDAS SOCIALES

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
"(Artículo 1°.-Introdúcense las siguientes modificaciones en la ley N° 19.537, sobre copropiedad inmobiliaria: 1) interlayer, then article 1, the following article 1 bis:"article 1 bis.-the Ministry of housing and urban development shall, through the Division of urban development, teach, through circulars, to be maintained by any interested party, the instructions for the application of the provisions of this law and its regulations " , in matters related to municipal authorizations, construction projects and works of condominiums. "."

((2) Incorporanse the following modifications in the 2nd article: to) removed, at the commencement of number 1, the sentence ", which may not be located on a same property".

(b) Intercalanse, then of the number 6, the following numbers 7 and 8: "7.-Management Committee: one elected by the Assembly of joint owners to your representation, in accordance with article 21 of this law."

8.-Manager: the natural or legal person designated by the joint owners to perform tasks of administration of the condominium, according to this Act, its regulations and the regulation of co-ownership. "."

(3) added in article 3 the following fourth paragraph: "In the case of condominiums covering different sectors, the regulation may establish rights over common goods in the respective sector, separately from the rights over the common goods of all condominium units.".

(4) incorporated in article 7 the following third paragraph: "In the case of social housing condominiums the formation of the common reserve fund is optional.".

((5) Incorporanse in the article 8 the following amendments: to) in the first paragraph: i) replaced the phrase "compulsory minimum of parking lots" that designate the regulatory plan by "parking required in accordance with regulations in force".

(ii) replace the phrase "mentioned above should be singling in the plane referred to in article 11 and, in the case of alienation, this may only be made" by "may only alienate".

(iii) add, then the expression "Commons of the condo", the phrase ", without prejudice to their allocation to particular sectors, according to the regulations stated".

(b) Insert, then of the third subparagraph, the following subsection, new, from the current quarter to be fifth: "in justified cases, and after consultation with the respective municipality, the Regional Ministerial Secretary of housing and urban development will lower the minimum provision of parking for condominiums of social housing, referred to in subparagraph first of this article, in the case of projects in places not suitable for vehicles" , or projects associated with transit. "."

(6) removed the paragraph first article 9, passing the current second and third subparagraphs to be first and second, respectively.

(7) add in subsection first article 10, after the expression "the location of the condominium area", the phrase ", without prejudice to the exceptions and special rules laid down in the decree with force of law N ° 2, 1959, the Ministry of public works, and the special regulation of affordable housing".

(8) delete, in the third paragraph of article 13, the term "agreement Assembly and".

((9) Introducense in article 17 the following amendments: to) added in the paragraph first, then of the expression "gathered together in Assembly", the phrase ", without prejudice to the other mechanisms provided for in this law".

(b) Reemplazanse the numerals of the fifth subparagraph by the following: "1. amending the regulation of ownership."

2 disposal or lease of common property, or the Constitution of levies on them.

3 reconstruction or demolition of the condominium.

4. request to linmobiliaria, to management of municipal works so rescission statement that welcomed the condominium regime of co-ownership or its modification.

5. delegation of authority to the Management Committee.

6. partial or total removal of the members of the Management Committee.

7 expenses or investments extraordinary exceeding, over a period of twelve months, the equivalent of six regular common expenses from the total of the condominium fees.

8. joint administration of two or more condominium in accordance with article 26, and establishment of subadministrations in a same condo.

9. programmes of self-financing of the condominiums, and associations with third parties for these purposes.

10. change of destination of the condominium units.

11 Constitution of rights and enjoy exclusive use of property common in favour of one or more joint owners, or other forms of utilization of the common property.

12 works of alteration or extensions of the condominium or its units.

13 buildings in the Commons, alterations and changes of destination of the goods, even of those assigned in use and enjoy exclusive. "."

(c) replaced in the sixth paragraph the expression 'numbers 2, 3, 4, 5 and 6' by "numbers 2, 3, 4, 10, 11, 12 and 13".

(d) Agreganse, then of the sixth subparagraph, following seventh subparagraphs, eighth, ninth and tenth: "will not require extraordinary session of the Assembly with respect to matters falling within the numbers 10, 11, 12 and 13, when ownership rules establish rules governing them and in the case of works that do not involve changes in rights in the condominium.

Dealing with requests to the Directorate of municipal works, with respect to any of the authorizations or permits referred to in the General town planning and constructions Act, must be identified in these faculty represent the condominium established in the regulation of co-ownership, Act of extraordinary Assembly or special mandate.

As regards social housing condominiums, written consultations carried out in accordance with this article shall be approved with the signature of the co-owners representing at least fifty per cent of the rights in the condominium. Also, these condominium may also be consulted in writing the materials indicated in numbers 10, 11, 12 and 13.

Projects of fusion of social housing adjoining in collective buildings and the corresponding change of role of appraisal of the new unit in the internal revenue service, when the work is financed with public resources and do not alter the facade of the building, will require only the authorization of the owner of each one of the units to merge. "."

((10) Incorporanse the following article 19 amendments: to) replace in the third subparagraph the figure '7' for '5'.

(b) replace the fourth by the following paragraph: "the special meetings to address modifications to the rules of co-ownership, affecting the alteration of the percentage of the rights of the co-owners of the common property, will require to be established with the assistance of co-owners representing at least ninety percent of the rights in the condominium, and the agreements shall be adopted with the favourable vote of attendees representing to not less than eighty-five percent of the condominium rights. "."

(c) Insert, after the fourth paragraph, the following fifth subparagraph, passing current subparagraphs fifth and sixth to be sixth and seventh, respectively: "for social housing condominiums, both the extraordinary and ordinary meetings will require to be established with the assistance of co-owners representing at least fifty per cent of the rights in the condominium, and the agreements shall be adopted with the favourable vote of attendees representing at least fifty percent of the rights in the condominium. In the case of social housing with subadministrations block condominiums, assemblies can develop independently in each subadministracion and resolve on all matters that do not have direct effects on the rest of the condo. "."

(11) added in article 21, after the expression "extraordinary meeting", the phrase "and have not been delegated by it in accordance with article 17".

(12) replace, in the first paragraph of article 26, the phrase "adjoining or located in a same block or contiguous blocks," by "located in a same commune".

((13) Incorporanse the following modifications in article 39: to) delete paragraph first the phrase "may not have more than 150 housing units,".

(b) add the following second paragraph, becoming the current second third: "the regulation shall determine the maximum number of units that you can see the condos of social housing, according to their characteristics and form of administration.".

(14) incorporated after article 39 the following article 39 bis: "article 39 bis.-on grounds that originally relied on a social housing may contemplate, only once, up to two additional social housing and constitute a condominium welcomed this Act, under the name of"predial densification condo".

Predial densification condominiums will not require having rules of joint ownership, Management Committee, Manager, common expenses, Fund reservation, parking, insurance and emergency plans. Planning regulations applicable will be only those provided for in the special regulation of affordable housing.
All matters concerning the administration of the condominium will correspond to the co-owners, which must act together in all matters that affect more than one unit. For works related to the conditions of habitability or safety, the Director of municipal works may authorize its execution at the request of one of the joint owners affected. "."

15) Introducense the following amendments in article 41: to) in the second paragraph: i) replaced the letter e) with the following: "e) in programs of improvement or expansion of units in the condominium or common goods;".

(((((((ii) Insert below the letter e) the following letter f), passing the current letters f) and g) to be letters g) and h), respectively: "f) in programs of maintenance of common property;".

(b) Insert, after the second subparagraph, the following third subparagraph, becoming the current third quarter: "(in order to promote comprehensive and harmonious improvements, condominiums or sectors of these eligible programs referred to in the letters to)(, d) (and e) precedent, even if there are joint owners that they do not individually meet the requirements of the respective program.".

(c) add, then in the third paragraph, which became, following fifth subparagraph: "Case of condos that are not organized, for the nomination to such programs just the signing of co-owners representing at least half of the condominium rights.".

(16) replace, in article 44, the text "communicating the fulfillment of such diligence to the respective municipality and leaving copy of every file of documents of the condo." with the following: "at the latest within thirty days of the occurrence of the fact or decision that motivates them, leaving copy of every file of the condominium documents and in the municipal registry referred to in article 6 of the law N ° 19.418, Juntas of neighbors and other community-based organizations of the respective municipality. "."

(17) Insert, then of article 44, the following article 44 bis: "article 44 bis.-for the purposes of this Act, municipalities must incorporate all the condominiums of the respective commune in a special section of the municipal registry referred to in article 6 of the law N ° 19.418 on neighborhood and other social community organizations. When registering must contain the certificate of the Director of municipal works which declared the condominium to this law, resolutions approving changes in structures, plans and approved amendments, regulation of co-ownership and its amendments, the Constitution of the respective Management Committee and its amendments, and identification of the condominium Manager.

For condominiums formed prior to publication of this law, registration should include background that apply depending on the type of condominium.

The municipality shall deliver a certified copy of such documents to any co-owner, Member of the Management Committee or the respective condominium, the officials of the service of housing and urban development or the Regional Government, at the expense of the requesting Manager. "."

(18) Incorporanse the following second and third subparagraphs in article 45: "without prejudice to the provisions of article 6 °, for the payment of common expenses social condos may conclude agreements with the municipality or any of the companies referred to in the preceding paragraph. Empowered to municipalities and the aforementioned service companies to perform such work.

Collections of common expenses that cited companies of services, if any, should be made in separate recovery of services document. Respective agreements must be filed in the municipal registry referred to in article 44 bis. "."

((19) Introducense the following modifications in article 46: to) replaced the expression "you can set subadministrations, in the form provided for in article 25" by "may form a sector and establish subadministrations".

(b) add the following second paragraph: "in the event that it has not been established in the regulation of joint ownership, in the Act of Constitution of the subadministracion shall be shown their functions and relationship with the rest of the condo. This Act shall require the signature of a Minister of faith. "."

((20) Introducense the following modifications in article 46 bis: to) the expression "the respective municipal Secretary" shall be replaced by "an municipal official appointed to the effect".

(c) add the following second paragraph: "social housing condominiums will be exempt from the payment of municipal rights that may accrue with respect to the actions of the Minister's faith in his case.".

(21) replaced the ninth paragraph of article 46 quater by the following: "social housing condominiums will be exempt from the payment of municipal rights that may accrue with respect to the actions referred to in this article.".

(22) insert in subparagraph first of the transitory article, then the expression "services of housing and urban development and its legal predecessors", the phrase "when within its boundaries there are common property,".