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Condominium law in Chile (Ley 21.442): statutes and FAQ

Free condominium regulations lookup for property managers in Chile.

The monthly fee in this regime is called gastos comunes.

How administration works in practice is covered in the guide to building management in Chile.

Statutes

Questions

Can the administration cut off electricity or hot water for someone behind on gastos comunes?

Ley 21.442, article 20 item 9, lets the administrator suspend, or ask to suspend, with the committee’s agreement, electricity, telecommunications, or heating for units that owe three or more gastos comunes installments, in a row or not. Article 36 repeats the three-installment requirement, requires a written request and the committee’s authorization, and forbids suspending more than one of those services at once. It does not allow suspending any home service for debts that accrued during a declared catastrophe while that declaration lasts, or electricity where an electricity-dependent person lives. The statute names heating, not hot water.

Ley 21.442 de copropiedad inmobiliaria

Can the community ban pets in the apartments?

No. Article 8(b) says the bylaws may not forbid keeping pets and companion animals inside the units. They may limit how those animals use the common property so they do not disturb the peace or compromise safety, health, and habitability, especially dogs classified as potentially dangerous.

Ley 21.442 de copropiedad inmobiliaria

Can Airbnb or short-term rentals be banned in the condominium?

Ley 21.442 does not say temporary lodging may be banned. Article 8(j) tells the bylaws to use house rules and penalties so that using residential units as temporary lodging, tourist lodging, apart-hotel, or similar does not disturb the permanent residents’ quality of life or their use of the common property and services.

Ley 21.442 de copropiedad inmobiliaria

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