LAW NO. 20.168 AMENDS LAW NO. 19.537 ON PROPERTY CO-OWNERSHIP TO FACILITATE THE ORGANIZATION AND ADMINISTRATION OF SOCIAL HOUSING CONDOMINIUMS. The law originated in a motion by the honourable Members of Parliament Isabel Allende, Maria Antonieta Saa, of the members of the Chamber of Deputies Carlos Montes, Patricio Melero, Fernando Meza, Gonzalo Uriarte, Rene Manuel Garcia and of the then Deputies, Mrs. Eliana Caraball, and Mr Edgardo Riveros and Mr Juan Pablo Letelier Bill: Single article.- Introduce the following amendments to Law No. 19,537 on Real Estate: (a) Intercalase, in the first paragraph of Article 8, between the expressions "regulatory plan" followed by a point (.) and "The parking lots", the following sentence: " However, the condos of social housing referred to in Title IV of this (b) The following final sentence shall be given in the second paragraph of Article 9: " The provisions of this paragraph shall not apply for the purposes of the provisions of this Article. condos of social housing referred to in Title IV of this Law. " (c) Add, in the fifth of Article 17, the following number 11: " 11. Self-financing programs for condos and associations with third parties for these purposes. "(d) Intercalase, in the first paragraph of Article 18, between the expressions" administration "followed by a comma (,) and" with an anticipation ", the phrase "or in the Municipal Secretariat when dealing with condos of social housing", followed by a comma (,). (e) Intercalase, in Article 21, between the phrases "Management Committee composed of at least three persons" followed by a comma (,) and "having the representation", the following: "unless the number of co-owners is lower", followed by a comma (,). f) Reposition, in Article 29, the sentence "The first co-ownership regulation shall be dictated by the natural or legal person who owns the condominium" by the following: " The first co-ownership regulation shall be dictated by the natural person or legal owner of the condominium, taking into consideration the characteristics of the condominium. It shall contain the specific particulars for the various aspects referred to in Article 28. " (g) Add, in Article 33, the following point (d), passing the current (e): " (d) Citar to an assembly of co-owners so that the Management Committee may be elected in cases where it does not. The summons to assembly will be notified by registered letter, according to a payroll that must be made available to the court by the co-owners who represent at least five percent of the rights in the condominium. However, in the case of condos of social housing, the judge may provide that an official of the court or the respective municipality shall notify the summons to the assembly by giving the latter to any adult person who is I will find in the owner's address or through his fixation on the door of that place, according to a payroll of co-owners that must be provided by whom I request the summons. For this purpose, the judge may request the competent Real Estate Conservative to supplement the said payroll with respect to those units whose owners are not identified, in accordance with the current domain registrations. He may also provide that an official of the court or the respective municipality may be held as a minister of faith. "(h) Please modify Article 39 as follows: 1) Intercalase, among the expressions" The condominiums of dwellings "and" shall be governed ", the phrase" may not have more than 150 units of housing, ". 2) Add the following second indent:" Condos of social housing shall be considered to be those assemblies which are mostly constituted by (i) Amend Article 41 as follows: 1. In the second subparagraph, the following points (e), (f) and (g), new, replacing points (c) and (d), by point and comma (;) the conjunction "and" and the comma (,), which the antecedent, and the end point (.), respectively "," and maintenance, improvement and expansion of condominium units; (f) In support of the condominium self-financing programs referred to in Article 17 (11), and (g) in training programs for the members of the Condos Administration and Administrators, relating to matters peculiar to the exercise of such posts. " 2) The following third indent: " The condos of social housing may also apply to programs financed by tax resources under the same conditions as the meetings of neighbors, community organizations, sports organizations, and other entities of a similar nature. "(j) Amend Article 42 as follows: (1) Intercalase, in the first subparagraph, between the word" Los "and the locution" Housing and Urbanization Services ", the expression" Regional Governments, Municipalities and the ". (2) First, in the second subparagraph, the sentence "cannot exceed the period of its six-month performance, counted from its designation" followed by a period (.) and replace the comma (,) which is preceded by a period (.). 3) Intercalase, in the third indent, between the word "del" and the locution "Service of Housing and Urbanization", the expression "Regional Government, of the Municipality or of the". (k) Add the following Article 46a: " Article 46a.-The actions to be performed by the condos of social housing in compliance with this law shall be exempt from the payment of the customs duties corresponding to the notaries, Real estate conservatives and archivists. For such purposes, the quality of condominium of social housing shall be credited by certificate issued by the address of the corresponding municipal works. Furthermore, the requirement that a notary intervene in such proceedings shall be deemed to be fulfilled if he participates in them, as a minister of faith, the respective municipal secretary or the competent civil registry officer. " 1) Article 46b: " Article 46b.-In the condos referred to in this Title, the municipality concerned shall be required to act as an instance of extrajudicial mediation, in accordance with Article 35, and to provide its advice for the organisation of the co-owners. For these purposes, the municipality may conclude agreements with public or private institutions. " Transitional provisions Article 1.-Facultate to the municipalities to subdivide the condos of social housing, in accordance with the provisions of the letter h) of the single article. For such purposes, co-owners representing 33% of the rights in the condominium may apply to the management of municipal works within three years of the publication of this law, the subdivision of the land into The building of the building, the social housing, the commercial premises and the commons of common property. The director of municipal works shall decide on the origin of the application and submit to the co-owners a proposal for a subdivision which must be on a plane. The proposal of the director of municipal works shall be understood to be approved when obtaining the written and signed acceptance of the co-owners representing at least 75% of the rights in the condominium. Once approved by the co-owners, the director of municipal works will dictate a resolution that will have the subdivision of the condominium, which must be registered in the Conservative of Real Estate jointly with the respective plane. The changes produced as a result of the division of the property of the condominium will govern from the date of the registration. The rules of the General Law of Urbanism and Constructions, of the General Ordinance of Urbanism and Constructions and of the respective instruments of territorial planning will not be applicable to the buildings and the division of the soil that originate from the subdivision of the condos which is carried out in accordance with the provisions of the preceding subparagraphs. The municipalities, through the unit responsible for legal advice, will carry out the necessary procedures to support the condos of social housing that wish to benefit from the provisions contained in this precept and for provide for the proper functioning of the same. Article 2.-To count on the date of publication of this law and for the period of three years, the condos of social housing will be exempt from the payment of the tariff duties corresponding to notaries, conservatives and archivists, regarding the actions referred to in Article 1 of the transitional measure. '; Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 2 February 2007.-MICHELLE BACHELET, President of the Republic.-Patricia Poblete Bennett, Minister of Housing and Urban Planning.-Belisario Velasco Baraona, Minister of the Interior. What I transcribe for your knowledge.-Jaime Silva Arancibia, Assistant Secretary for Housing and Subrogant Urbanism. Constitutional Court Bill amending the Real Estate Law to facilitate the organization and administration of social housing condominiums, bulletin No. 3804-14 The Secretary of the Constitutional Court, who subscribes to the law certifies that the Honorable Chamber of Deputies sent the bill enun In the case of the Court of Justice, the Court of First Instance held that the Court of Justice held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance had jurisdiction in the case of the Court of Justice. I declare: 1st. That the Court does not rule on the following provisions of the draft submitted for dealing with matters that are not their own constitutional organic law:-point d), which is added to Article 33 of the Law No. 19.537 for the single article, point (g). -third indent, which is added to Article 41 of Law No 19,537 by the single article, point (i) Nº 2). -Article 46a, which is added to Law No 19,537 by the single article, point (k). 2. That the following provisions of the draft are constitutional:-first point (d), which is added to Article 33 of Law No. 19,537 by the single article, point (g). -points (e), (f) and (g) which are added to the second indent of Article 41 of Law No 19,537 by the single Article, point (i) No 1. -Article 46b, which is added to Law No 19,537 by the single article, point (l). 3 °. That the amendments referred to in point (j) of the single article to Article 42 of Law No 19,537 are constitutional in the understanding that the co-owners always retain the power to designate in the condos of social housing a the administrator at the time who considers it appropriate and the legal conditions for it are met. Santiago, January 18, 2007.-Rafael Larraín Cruz, Secretary.