Fines Co-ownership Law 21,442: What is your community exposed to?

The legal deadline to adapt the Co-ownership Regulations to the requirements of the new Law 21,442 expired irrevocably in January of this year. Far from being a mere administrative procedure, the "hangover" of this massive non-compliance has already arrived: entire communities throughout Chile are being exposed to complaints, million-dollar fines and the paralysis of their efforts, generating a climate of anguish and uncertainty among neighbors.

Being out of the norm today is not a simple oversight, it is an imminent economic risk that directly affects the pockets of the co-owners and the safety of the building. However, all is not lost; Acting quickly and urgently is the only way to regularize the situation, protect the community and avoid even greater sanctions.

The legal "hangover": what is your community exposed to today?

Maintaining an obsolete co-ownership regulation or having an outdated administration committee entails very serious civil and administrative consequences:

• Complaints in the Local Police Court (JPL): Any co-owner, resident or even the municipality itself can report to the committee for non-compliance with the new law, risking severe fines that, unfortunately, are paid with the common funds of the community itself.
• Nullity of Assemblies and Collections: If the regulations are not adapted to the new quorums and guidelines, the decisions made in the assembly, including the approval of budgets, the collection of internal fines or power cuts, can be declared null and void in court, leaving the community without collection tools.
• Civil Liability of the Committee: The members of the administration committee are not exempt. They can be sued personally for negligence and violation of their duties by failing to comply with the imperative legal mandate to update the regulations.

The two big headaches: administrators and insurance

One of the points most strictly controlled by the new law is registration in the National Registry of Administrators. A condominium administrator who did not manage to register on time in this registry, enabled by the MINVU, is exercising his position absolutely illegally. In this situation, the community has the duty to remove it immediately or, otherwise, risk facing administrative sanctions and the legal paralysis of the building's accounts and management.

The second major conflict is Collective Fire Insurance. Law 21,442 is relentless in requiring the mandatory contracting of this insurance for all common property and spaces. The lack of this policy not only constitutes a very serious infraction, but also leaves the entire community completely helpless in the event of an accident, also exposing the administration to gigantic legal and property responsibilities.

Frequently asked questions about the new co-ownership law

What happens if our building still works with the old law 19,537?

Law 19,537 is completely repealed. Going by it today lacks any legal validity. Continuing to apply a regulation based on a dead law leaves the community in an extremely dangerous legal vacuum, invalidating its internal procedures and collections.

Can a neighbor refuse to pay the common expense if the regulations are not updated?

It is a real and growing risk. Although the obligation to pay common expenses persists, delinquent neighbors are using the lack of updating of the regulations and the illegality of the administrator as a defense and "loophole" in the courts to hinder collection trials, freezing the community's income.

How long does the process of updating the co-ownership regulations take?

It is a rigorous process that requires technical drafting by an expert lawyer, summons and approval in an extraordinary meeting of co-owners with the new legal quorums, and finally its reduction to a public deed in a notary for subsequent registration. Its duration depends on the speed of the community's call and the legal agility of the advice.

Protect your community and avoid million-dollar fines

Managing a condominium is not a game and the new Law 21,442 has made it clear that it does not forgive oversights or delays. Being out of the norm today is, without exaggeration, a time bomb for the funds of the building and the peace of mind of its inhabitants.

At Terreno en Regla we have a team of legal advisors and lawyers who are experts in real estate law ready to put out this fire. We take care of the hard work: writing the impeccable update of your regulations, strategically advising your management committee and guiding the community step by step to return to complete legality without stress or errors. Don't wait to receive notification from the court! Visit terrainenregla.cl, contact us today via WhatsApp for an evaluation of your condominium and sleep peacefully.

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