CL · Expiry & renewal tracking
Never let the management committee carry on with an expired term
A condominium's management committee is appointed by the owners' assembly for the term it sets, which may not exceed three years, with re-election allowed (Law 21.442, Article 17). Renewal takes place at an ordinary session and, failing agreement or candidates, members are chosen by lot (DS 7, Article 20).
Law 21.442, the new Condominium Property Law, published on 13 April 2022, provides for four management bodies in a condominium: the owners' assembly, the management committee, the administrator and the sub-administrator (Article 12). At its first session the assembly must appoint a management committee with an odd number of members, at least three and at most five, unless Article 23 requires more; no committee is needed if there are fewer than three owners (Article 17).
The management committee serves for the term set by the assembly, which may not exceed three years, without prejudice to re-election, and is chaired by the member the assembly designates or, failing that, by the committee itself (Article 17). Members are appointed or re-elected at the ordinary sessions that fall due under that periodicity; a member's resignation in the meantime may also be dealt with at an ordinary session if stated in the notice (Article 14). Only natural-person owners, their spouses or civil partners, proxies with sufficient powers granted by notarial public instrument and the representatives of owner legal entities may be members; the administrator may not sit on the committee (Articles 17 and 18).
The law's regulation, Decree 7 of 2023 of the Ministry of Housing and Urban Development, published on 9 January 2025, specifies that members must be elected at an assembly session or by the written consultation that replaces it, and the committee cannot appoint them itself (Article 18); that where there is no agreement or no candidates, the first administrator or the outgoing chair appoints them by lot among all eligible owners, for the term the assembly decides, which may not exceed three years (Article 20); and that appointed members may not resign before completing the set term unless an exemption ground in the co-ownership rules applies (Article 21).
At a glance
| Rule | Law 21.442, Articles 12, 14, 17 and 18; regulation, Decree 7 of 2023 of the Ministry of Housing and Urban Development, Articles 18 to 21 |
|---|---|
| Who appoints | The owners' assembly, in session or by written consultation; the committee cannot appoint its own members (Law 21.442, Article 17; DS 7, Article 18) |
| Composition | Odd number of members, at least three and at most five, subject to Article 23; not required with fewer than three owners (Article 17) |
| Term | As set by the assembly, not exceeding three years; re-election allowed (Article 17) |
| Renewal | Appointment or re-election at the ordinary sessions falling due under the Article 17 periodicity (Article 14) |
| Drawing of lots | Where there is no agreement or no candidates, by the first administrator or the outgoing chair, for the term decided by the assembly, at most three years (Article 17; DS 7, Article 20) |
| Resignation | Not before completing the set term, unless an exemption ground in the co-ownership rules applies (DS 7, Article 21) |
| Incompatibility | The administrator may not sit on the committee (Article 18) |
The committee chair keeps the minute book, the records supporting resolutions, copies of the deeds and registrations required by the law and a copy of the condominium's document file, and must hand them to their successor at the end of the term (Law 21.442, Article 17). The committee's rules and resolutions remain in force until revoked or amended by the assembly (Article 17). The administrator must provide the Condominium Executive Secretariat with up-to-date information on the committee's composition when requested (Article 20 No. 11).
Who is responsible?
The owners' assembly sets the term and appoints or re-elects committee members at its ordinary sessions (Law 21.442, Articles 14 and 17). The outgoing chair or the first administrator draws lots when there is no agreement or no candidates (Article 17; DS 7, Article 20), and the chair hands the condominium's documents to their successor at the end of the term (Article 17).
If the deadline passes
The law provides no automatic extension and does not expressly describe the effects of a committee whose assembly-set term has ended; what it requires is that appointment or re-election take place at the ordinary sessions falling due under the set term (Law 21.442, Article 14) and that the term not exceed three years (Article 17). If the chair fails to hand the documents to their successor at the end of the term, the law punishes that breach with a fine, doubled in case of repetition or failure to remedy (Article 17). Ordinary sessions must be held at least once a year (Article 14).
Record the term the assembly set, not the legal maximum
Three years is only the ceiling. The real expiry date is the start of the term plus the period the assembly agreed, as recorded in the minutes; if the minutes set no period, clarify it at the next ordinary session. Since renewal must be dealt with at an ordinary session, align the committee date with the annual ordinary session.
Tracking it with ExpirySuite
- Add the condominium and record as the expiry date the date the committee took office plus the term set by the assembly, not exceeding three years.
- Email reminders arrive 60, 30, 14, 7 and 1 day before expiry and on the expiry day; the 60-day reminder leaves time to call the ordinary session with the appointment or re-election on the agenda.
- The administrator can upload the minutes of the session with the new appointment through a secure link that is valid for 14 days and needs no account.
- Assign a responsible person, such as the administrator; if the date passes, managers get further reminders 3, 7 and 14 days later.
Frequently asked questions
- How long does the management committee serve?
- The term set by the assembly, which may not exceed three years, without prejudice to re-election (Law 21.442, Article 17).
- Can the committee itself renew its members?
- No. The committee's power of representation does not extend to appointing its members, who must be elected at an assembly session or by the written consultation that replaces it (DS 7, Article 18).
- What if nobody wants to join the committee?
- The first administrator or the outgoing chair appoints members by lot among all eligible owners, for the term the assembly decides, at most three years; those who have already served may be excused (Law 21.442, Article 17; DS 7, Article 20).
- Can the administrator be a committee member?
- No; the administrator may not sit on the management committee (Law 21.442, Article 18).
Sources
- Ley 21.442, nueva Ley de Copropiedad Inmobiliaria: artículos 12, 14, 17, 18 y 20 (LeyChile, BCN)
- Decreto 7 de 2023, Ministerio de Vivienda y Urbanismo, Reglamento de la Ley 21.442: artículos 18, 19, 20 y 21 (LeyChile, BCN)
Last checked: Oct 14, 2026 · This page summarises official sources for general information and is not legal advice. Check the linked sources for current rules and fees.
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