Key Benefits:
SUMMARY:
Pags.
LEGISLATIVE FUNCTION
NATIONAL ASSEMBLY
LAW:
-Reform Law to Property Law
Horizontal ................................................................ 2
RESOLUTIONS:
-Exhorde to the Ministry of Education so that through a ministerial agreement regulate and regulate the six daily pedagogical hours .... 4
-Urge the economist Rafael Correa
Delgado as President of the Republic, Minister of Finance and Minister of Public Health, accelerate the payment of the invoices sent by SOLCA, so that it does not suspend and even worse this service is guaranteed by Art. 50 of the Magna Carta ............................. 5
EXECUTIVE FUNCTION
DECREES:
885 Suspend the day of work on Friday 4 of November 2011 for all public and private sector workers, owing recover this work day without any surcharge on Saturday 12 November 2011 ..... 5
886 Establishment of the post of Captain of Buque
Oil of the Ecuadorian Oil Fleet-FLOPEC as strategic, which shall receive variable remuneration for efficiency while carrying out activities resulting from its post on board oil tankers, in addition to the unified monthly remuneration of the national level of remuneration of public servants; by the Ministry of Labour Relations .................................. 6
S U P L E M E N T O
Ano III r Nº 543
Quito, Martes 27 de
Septibre del 2011
Value: US$ 1.25 + IVA
ING. HUGO ENRIQUE DEL #3; #3;
BARREZUETA
DIRECTOR
Quito: Avenida 12 de Octubre
N 16r114 y Pasaje Nicolas Jimenez
Address: Telf. 2901 r629
Officias centrales y sales:
Telf. 2234 r540
Distribution (Storeroom):
ManoscaNº 201 yAv. 10 deAgosto
Telf. 2430 r110
Sucurs Guayaquil:
MaleconNº 1606 yAv. 10 deAgosto
Telf. 2527 r107
Suspection anual: US$ 400 + IVA
Printer en Editora National
1,150 examples rr 8 paginas
www.registroficial.gob.ec
Al service del pais
from el 1st de julio de 1895
2 -- Supplement -- Official Record No. 543 -- Tuesday September 27, 2011
Pag.
RESOLUTION:
EXTERNAL TRADE COMMITTEE:
25 Difierate the National Import Aranel to zero percent (0%) ad valorem for import of a quota of 16.466 MT. of " cotton combing ", classified under subheadings 5201.00.10.00, 5201.00.20.00, 5201.00.30.00 and 5201.00.90.00, for a period of 12 months from the expiration of Executive Decree No. 499, published in the Supplement to the Official Register No. 302 of October 18, 2010, according to the distribution set out in Annex I of this resolution ..............
7
NATIONAL ASSEMBLY Of. No. Quito, 20 September 2011-Mr. Engineer Hugo del Pozo DIRECTOR OF THE OFFICIAL REGISTER In his office Mr. President: The National Assembly, in accordance with the powers conferred upon it by the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the Project of REFORM LAW TO THE LAW OF HORIZONTAL PROPERTY. In a session held on September 15, 2011, the plenary session of the National Assembly met and spoke on the partial objection presented by the Constitutional President of the Republic. As stated, and as provided for in Article 138 of the Constitution of the Republic of Ecuador and 64 of the Organic Law of the Legislative Function, the Authentic and certified copy of the text of the approved bill, as well as the certification of the dates of your treatment, for publication in the Official Register.
Attentive,
f.) Dr. Andrés Segovia S., Secretary General.
NATIONAL ASSEMBLY
CERTIFICATION
In my capacity Secretary General of the National Assembly, I allow myself to CERTIFY that the Project of REFORMATORY TO THE LAW OF HORIZONTAL PROPERTY, was discussed and approved on the following dates:
FIRST DEBATE: 03 February 2011
SECOND DEBATE: June 28 and July 07, 2011
PARTIAL OBJECTION: 15 of September 2011
Quito, September 15, 2011
f.) Dr. Andres Segovia S., Secretary General.
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING: What, Article 3 of the Constitution It has the primary duties of the State to ensure, without discrimination, the effective enjoyment of the rights established in the Constitution and in international instruments; and eradicate poverty and promote sustainable development; whereas, Article 375 of the Constitution provides that the State shall guarantee the right to decent housing; one of the rights enshrined in article 66 of the Constitution is that of property in all its forms, with social and environmental function and responsibility; that, the current rules of horizontal property concerning the expression of the will collective owners in condominium does not conform to the social reality, generally imposing the individual will of the co-owners over the majority will of the others; that, in reforming the will required for the adoption of resolutions and decisions, it will be possible to resolve and avoid conflicts of coexistence between citizens; the current rules of horizontal ownership regarding the collection of the common expenses owed by the co-owners have not allowed their cash collection, thus damaging the management of the buildings and the peaceful coexistence of the co-owners; and, that there are doubts as to whether the administration of a property under the horizontal property is for profit or not. In use of its constitutional and legal powers, it issues the following,
REFORM LAW TO HORIZONTAL PROPERTY LAW
Art. 1.-Replace 1 by the following: " Art. 1.-The various floors of a building, the departments or premises in which each floor is divided, the apartments or premises of the single-storey houses, as well as the houses or villas of the residential assemblies, when they are independent and have exit to a road or other public space directly or to a condomainial space connected and accessible from a public space, may belong to different owners.
-- Official Registration No. 543 -- Tuesday September 27, 2011 -- 3
The title of ownership may be considered as floor, department, or local subsoils and habitable buhardilas, provided they are independent of the other floors, departments or premises and therefore have direct access from a public space or a connected and accessible space from a public space.
The same rules applied to the built spaces apply to the land that is part of a real estate condominium. There will be, therefore, exclusive property and land.
It is called the ground floor which is at the level of the street facing the building, or the lowest level street when the building has more than one floor. street, or the level of ground on which the building is built.
It is called subsoil plants that are below the ground floor. If there is more than one plant in the subsoil, it will take the ordinal number, as they move away from the ground floor.
It is called the first floor immediately above the ground floor; the second floor to which it is immediately superior to the first floor; and so on.
The mezzanine will be part of the plant to which they are attached and cannot be considered as independent floors. " Art. 2.- Replace Article 2 with the following:
" Art. 2. Each owner shall have sole ownership of his or her apartment, department or premises and shall be in possession of the property for the common use of the co-owners of the real estate condominium. " Art. 3.- Replace Article 3 with the following:
" Art. 3.-In the case of buildings of more than one floor, common goods and indivisible domain are reputed for each of the owners of the building, the necessary ones for the existence, security and conservation of the building and those that allow all and each property owner uses and enjoys his or her floor, department or premises, such as land, foundations, structures, walls and roofing.
Also considered to be common goods and indivisible domain general services, such as heating, cooling, electrical energy, sewerage, gas and water drinking, dressing, courtyards, entrance doors, staircases, accessories, doorman's room and their outbuildings, and others established by the municipalities in their ordinances, except as provided in the following article. " Art. 4.- the end of Article 5, the following points are added:
" In the building constituted in condominium or declared in horizontal property, which consists of more than one block, tower or assembly, intended for housing or for trade, For the purposes of the settlement and payment of the expenses, the common goods shall be divided into general common goods and individual common goods. For this purpose, tables of individual aliquots will be established for each block, tower or set intended for housing and for
those whose end is the trade, and at the same time the percentage incidence that each block, tower or set has on the total of the building constituted in condominium or declared under the horizontal property regime.
General common goods are called all those that serve all the co-owners and allow to use and enjoy the exclusive goods. All those whose use and enjoyment are limited to the co-owners of each block, tower or assembly in particular, among them: the access to the block, tower or assembly, the stairs and elevators are called individual common goods. are used by the co-owners or users of each block, tower or assembly, as well as the facilities of the public services which are shared by such co-owners and users and other goods declared as such in the "Horizontal Property Declaratory". Art. 5.- Replace the second paragraph of Article 7 with the following:
" None of the co-owners can make works that mean modifications of the resistant structure, nor do building increases in any sense, or horizontal or vertical. In order to perform this kind of works, 75% of the co-owners are required to approve it.
To make modifications to the facade, provided it does not involve changes or affect the structure, it will require the approval of 60% of the co-owners.
In all the cases above, the co-owner assembly must know a technical report of the proposed modification or increase before giving a decision, and for the performance of the works the authorization of the respective Municipality. If appropriate, the responsibility shall be borne by the condomins who have authorized the reform. " Art. 6.- Replace the first paragraph of Article 10 with the following:
" Finished the construction of a real estate condominium, it will be protocolized, after the Catastral Registry, in one of the notary of the canton, a general plan that establishes Clearly the grounds and spaces built with dominials and the grounds and spaces constructed exclusively. A copy will be entered in the Land Registry, in a special book to be taken for the purpose. The copy of the plan shall be kept in the file of the Registrar and in the Register. " Art. 7.- Replace the literal (b) of Article 10 by the following:
"b) Location and number corresponding to each land and built space of exclusive property; and," Art. 8.- Add, following Article 10, the following innumbered article:
" Art ....-The builder and the real estate developer are obliged to complete the construction of all the common spaces of the buildings declared in horizontal or condominium property, prior to the final delivery of the work to the co-owners. "
4 -- Supplement -- Official Registration No. 543 -- Tuesday September 27, 2011
Art. 9.- Add to the end of the first paragraph of Article 11 the phrase "guaranteeing the rights established in the Constitution". Art. 10.- The third indent of Article 11. Art. 11. In the third indent of Article 12, replace the phrase "unanimity", by the phrase "the consent of the two thirds". Art. 12.- Add to the end of the third indent of Article 12, the following sentence: ", without prejudice to the obtaining of the authorization that the respective Municipality must grant to the effect". Art. 13.- Add to the final article 12, the following:
"The administrators, whether paid or not, will be the legal representatives of the condo."
Art. 14.-Replace Article 13 with the following:
" Art. 13.-The settlement that the Administrator or the President of the condominium may issue at the expense, once approved in the general assembly of the co-owners, will have the character of an executive title; and, in order for the obligations to be enforceable in judgment Executive, they must be clear, determined, liquid, pure and term expired. The time limit shall be deemed to have expired where no two or more expenses have been paid. ' Art. 15.- Add the following article to article 23 below:
" Art ....-All legal effects, including tax purposes, shall be presumed to be for the purposes of non-profit-making if the securities received or used for the expenses and common needs of the building, unless there is any other economic activity. ' UNIQUE FINAL DISPOSITION.- This law will take effect from its enactment in the Official Register.
Given and subscribed at the National Assembly headquarters, located in the Metropolitan District of Quito, Pichincha Province, to the Fifteenth day of the month of September of two thousand eleven. f.) Fernando Cordero Cueva, President. f.) Dr. Libya Rivas O., General Secretary.
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING:
What, article 26 of the Constitution of the Republic, indicates that education is a right of people to
A long life and an inescapable and inexcusable duty of the State. It is a priority area of public policy and state investment, a guarantee of equality and social inclusion and an indispensable condition for good living; whereas Article 117 of the Organic Law on Intercultural Education indicates that the Weekly working day will be of forty hours clock, as follows: six daily pedagogical hours, fulfilled from Monday to Friday. The remaining time up to eight hours a day will be distributed in update, pedagogical training, coordination with parents, educational recovery activities, community work, planning, task review, coordination of the area and other activities contemplated in the respective regulation; that, the Transitory Disposition of the Third of the Organic Law of Intercultural Education, establishes that for those teachers who meet the requirements of qualifications and years of experience, for the only time they will be able to choose to ascend before the four years established in this law in the scale, provided that they have approved the courses corresponding to the current location and the one to which it aspires. In addition, it must obtain the required score in the evaluation to be able to ascend; that, article 349 of the Constitution of the Republic, states that the State will guarantee to the teaching staff, at all levels and modalities, stability, updating, continuous training and educational and academic improvement; a fair remuneration, according to the professionalization, performance and academic merits; that, among the teachers, doubts have been raised regarding the way in which run their day, both in the teaching hours and in the hours related to activities That, the teachers who worked before the enactment of the law, are not located in categories according to their professionalization and years of service as established by the Constitution of the Republic; attributions,
RESOLVES ONLY ARTICLE.- Urge the Ministry of Education to use a Ministerial Agreement to regulate and regulate the six daily pedagogical hours with the following criteria: a.-The periods of classes will be 40 to 45 minutes. b.-The additional hours constant in article 117 of the LOEI, will be determined by the Board of Directors and Teachers of the Educational Institution, in flexible hours within or outside the educational establishment according to their needs and the educational community in the framework of the PEI (Institutional Educational Project). c.-To consider that in the night establishments and the distance learning modality the periods of classes will have a special treatment.
