What are social housing condominiums?
Social housing condominiums are those housing complexes covered by Law No. 19,537 on Real Estate Co-ownership, both those made up of housing units on common land and those made up of individual lots and common areas. These groups must be made up of social housing, the appraisal of which does not exceed 520 UF per unit.
Who certifies the social housing character of a condominium?
The character of social housing, both of a unit and of a condominium must be certified by the Directorate of Works of the respective municipality.
Can social housing condominiums apply for programs financed with fiscal resources?
Yes, they can do it under the same conditions as neighborhood councils, community organizations, sports organizations and others of the same nature.
Can regional governments, municipalities and the Housing and Urbanization Services (SERVIU) allocate resources to the improvement of social condominiums?
Yes, but they should be used in the following areas:
- In the common property, in order to improve the quality of life of the inhabitants of the condominium.
- In expenses required by the formalization of the co-ownership regulations.
- In payment of fire and additional insurance premiums.
- In facilities of basic services networks that are not common goods.
- In programs to improve or expand the condominium units or common property.
- In common property maintenance programs.
- In support of self-financing programs for condominiums.
- In training programs for members of the administration committee and administrators, related to matters pertaining to the exercise of such positions.
Can improvements be made if there are owners who do not meet the requirements of the improvement program?
If there are co-owners who individually do not meet the requirements, such as having a social protection card, the improvements can still be carried out.
What if it is a condo that is not organized? Can neighbors apply for improvement programs?
In the case of condominiums that are not organized, for the application to said programs, the signature of the co-owners representing at least half of the rights in the condominium will suffice.
Should social condominiums have a common reserve fund?
Condos in general are required by law to have a common reserve fund for repairs to common property, other necessities and contingencies. But social condominiums will be able to choose whether or not to have that money.
Can the condominium assembly resolve the differentiated use of the condominium assets?
Yes, in an extraordinary assembly, exclusive rights of use and enjoyment of common property assets can be established in favor of one or more co-owners, as well as other forms of exploitation of common property assets.
Can there be joint administration of two social condominiums?
Two or more condominiums located in the same commune may agree to their joint administration, after an agreement adopted in an extraordinary meeting specially mentioned.
What are sub-administrations?
Social housing condominiums made up of more than one independent block, may divide the administration. Each block may form a sector and establish sub-administrations, whatever the number of dwellings that comprise it.
What are building densification condos?
It is a new type of condominiums that recognizes that in the cases of properties that originally had a social dwelling, up to two additional social dwellings may be contemplated for a single time and constitute a condominium under the denomination of land-density condominium.
These condominiums do not require co-ownership regulations, administration committee, administrator, common expenses regime, reserve fund, parking, insurance or emergency plans. The rules that apply to them are only those established in the Special Regulation on Economic Housing.
Can there be merger of housing in social housing condominiums?
Only the authorization of the owners of the two adjoining social housing units in collective buildings is enough for the merger to be authorized into one. This can be done as long as the merger is made with public resources and the facade of the building is not altered. The role of the new property in the Internal Revenue Service should be changed.
How do co-owner assemblies operate in social housing condominiums?
The ordinary and extraordinary assemblies require the assistance of the co-owners who represent 50% of the homes. The agreements are adopted with the vote in favor of the attendees who represent at least 50 percent of the rights of the condominium.
In the case of condominiums of social housing with sub-administrations by blocks, the assemblies may develop independently in each sub-administration and resolve on all matters that do not have direct effects on the rest of the condominium.
Must municipalities have a register of social housing condominiums?
Yes, the municipalities must incorporate all the social condominiums of the respective commune in a special section of the municipal registry on neighborhood associations and other community organizations. This registry must include the certificate of the municipal works director who declared the condominium to be under the co-ownership law, the resolutions approving changes in the buildings, the plans and their approved modifications, the co-ownership regulations and their modifications, the constitution of the respective administration committee and its modifications, and the identification of the administrator of the condominium.
How are common basic services charged?
Companies that provide electricity, drinking water, sewerage, gas or other services to a condominium of social housing, must collect, together with the private accounts of each home, the proportion that corresponds to said unit in common expenses for the respective consumption or repair of these facilities.
How many parking spaces should social housing condominiums have?
They must have at least one parking lot for every two units for housing. But in justified cases, and after consulting the respective municipality, the Regional Ministry of Housing and Urban Planning may reduce the minimum provision of parking for social housing condominiums in the case of projects located in places not suitable for the circulation of vehicles, or projects associated with public transport.