Last Friday, the MINVU presented this regulation that updates the old legislation and addresses issues such as co-ownership regulations, conflict resolution and urban construction requirements. USS Law Scholar explains its scope.
The Real Estate Co-ownership Law includes aspects such as classification of condominiums, the contents of co-ownership regulations, conflict resolution formulas and urban construction requirements, among others. In addition, he repeals the old legislation dating from 1997 and introduces the Executive Secretariat of Condominiums of the MINVU, whose mission will be to interact with the leaders, monitoring good compliance with the law, and guiding and training neighbors throughout Chile.
Jose Luis Diaz lawyer, professor of civil law and academic of the Faculty of Law and Social Sciences of the U. San Sebastiánensures regarding this new regulation that “the changes in the new Law can be viewed as a adaptation to the times, since the idea of the Condominium is strengthened not as an individual property, but as a different type of property, where the way of living of each owner must be in harmony with that of the others”he assures.
According to the academic, one of the advantages of the new Real Estate Co-ownership Law is that facilitates interaction through telematic means, and the possibility of written consultations without the need for a face-to-face meeting“which shows that the legislator wants to encourage participation and majority agreements,” he says.
The main additions to the Real Estate Co-ownership Law are:
- Creation of a system of claims and sanctions on the administration: this means that the communities will be able to make claims about the actions of the administrators, being able to dictate sanctions in case of corroborating the infraction.
- Creation of a National Registry of Condominium Administrators: of a public, free and obligatory nature, under the responsibility of the MINVU, which will allow the communities to elect qualified administrators for the position.
- It will allow the adoption of agreements in assemblies: either through telematic or virtual means, in addition to making inquiries in writing. It also allows the participation of tenants and simplifies quorums so that communities can reach agreements.
- Allows the possession of pets and companion animals: Pets cannot be prohibited, however, the common spaces that they can use may be determined by regulation.
- Creation of the Executive Secretariat of Condominiums of the MINVU: which will be a way to more adequately address the problems associated with co-ownership, such as proposing initiatives for improvement, expansion or training.
- Greater security: since it increases the demands of having an updated emergency plan and having group fire insurance.
- Applies new conditions for the construction of condominiums: considering, in the case of the design of new condominiums, their integration into the city’s road network and direct access to national assets for public use; in addition to ensuring a correct expedited transit of emergency vehicles inside.
“Among the most important attributes that we can consider and that would constitute a novelty, is the concurrence via telematics, the incentive to participate in the administration through a discount on common expenses, as well as the possibility of keeping their pets, allocating places in the condominium for it. ”, assures Diaz. “The idea that the unit (exclusive domain) can be used for temporary leases with the due safeguards is reinforced, as well as reaching payment agreements for common expenses, among others.
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The main keys of the new Real Estate Co-ownership Law | Digital medium The Northern Fox
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