0% found this document useful (0 votes)
3 views3 pages

Condominium Law

The document outlines the legal provisions for the establishment and management of condominiums, requiring a master deed to be recorded that includes detailed descriptions of the property, units, and common areas. It specifies the rights and responsibilities of condominium owners, including transfer restrictions and the management of common areas. Additionally, it details the process for amending or revoking the master deed and the conditions under which partitioning of the condominium project may occur.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
3 views3 pages

Condominium Law

The document outlines the legal provisions for the establishment and management of condominiums, requiring a master deed to be recorded that includes detailed descriptions of the property, units, and common areas. It specifies the rights and responsibilities of condominium owners, including transfer restrictions and the management of common areas. Additionally, it details the process for amending or revoking the master deed and the conditions under which partitioning of the condominium project may occur.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Section 4.

The provisions of this Act shall apply to property divided or to be divided into condominiums only if there shall be recorded in
the Register of Deeds of the province or city in which the property lies and duly annotated in the corresponding certificate of title of the
land, if the latter had been patented or registered under either the Land Registration or Cadastral Acts, an enabling or master deed
which shall contain, among others, the following:

(a) Description of the land on which the building or buildings and improvements are or are to be located;

(b) Description of the building or buildings, stating the number of stories and basements, the number of units and their accessories, if
any;

(c) Description of the common areas and facilities;

(d) A statement of the exact nature of the interest acquired or to be acquired by the purchaser in the separate units and in the common
areas of the condominium project. Where title to or the appurtenant interests in the common areas is or is to be held by a
condominium corporation, a statement to this effect shall be included;

(e) Statement of the purposes for which the building or buildings and each of the units are intended or restricted as to use

(f) A certificate of the registered owner of the property, if he is other than those executing the master deed, as well as of all registered
holders of any lien or encumbrance on the property, that they consent to the registration of the deed;

(g) The following plans shall be appended to the deed as integral parts thereof:

(1) A survey plan of the land included in the project, unless a survey plan of the same property had previously bee filed in said
office;

(2) A diagrammatic floor plan of the building or buildings in the project, in sufficient detail to identify each unit, its relative location
and approximate dimensions;

(h) Any reasonable restriction not contrary to law, morals or public policy regarding the right of any condominium owner to alienate or
dispose of his condominium.£a⩊phi£

The enabling or master deed may be amended or revoked upon registration of an instrument executed by the registered owner or
owners of the property and consented to by all registered holders of any lien or encumbrance on the land or building or portion thereof.
The term "registered owner" shall include the registered owners of condominiums in the project. Until registration of a revocation, the
provisions of this Act shall continue to apply to such property.

Section 5. Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall include the transfer or
conveyance of the undivided interests in the common areas or, in a proper case, the membership or shareholdings in the condominium
corporation: Provided, however, That where the common areas in the condominium project are owned by the owners of separate units
as co-owners thereof, no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens, or
corporations at least sixty percent of the capital stock of which belong to Filipino citizens, except in cases of hereditary succession.
Where the common areas in a condominium project are held by a corporation, no transfer or conveyance of a unit shall be valid if the
concomitant transfer of the appurtenant membership or stockholding in the corporation will cause the alien interest in such corporation
to exceed the limits imposed by existing laws.

Section 6. Unless otherwise expressly provided in the enabling or master deed or the declaration of restrictions, the incidents of a
condominium grant are as follows:

(a) The boundary of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof. The
following are not part of the unit bearing walls, columns, floors, roofs, foundations and other common structural elements of the
building; lobbies, stairways, hallways, and other areas of common use, elevator equipment and shafts, central heating, central
refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services and facilities, pipes, ducts,
flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the unit.

(b) There shall pass with the unit, as an appurtenance thereof, an exclusive easement for the use of the air space encompassed by the
boundaries of the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. Such
easement shall be automatically terminated in any air space upon destruction of the unit as to render it untenantable.

(c) Unless otherwise, provided, the common areas are held in common by the holders of units, in equal shares, one for each unit.

(d) A non-exclusive easement for ingress, egress and support through the common areas is appurtenant to each unit and the common
areas are subject to such easements.

(e) Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the
inner surfaces of the walls, ceilings, floors, windows and doors bounding his own unit.

(f) Each condominium owner shall have the exclusive right to mortgage, pledge or encumber his condominium and to have the same
appraised independently of the other condominiums but any obligation incurred by such condominium owner is personal to him.
(g) Each condominium owner has also the absolute right to sell or dispose of his condominium unless the master deed contains a
requirement that the property be first offered to the condominium owners within a reasonable period of time before the same is
offered to outside parties;

Section 7. Except as provided in the following section, the common areas shall remain undivided, and there shall be no judicial partition
thereof.

Section 8. Where several persons own condominiums in a condominium project, an action may be brought by one or more such
persons for partition thereof by sale of the entire project, as if the owners of all of the condominiums in such project were co-owners of
the entire project in the same proportion as their interests in the common areas: Provided, however, That a partition shall be made only
upon a showing:

(a) That three years after damage or destruction to the project which renders material part thereof unit for its use prior thereto, the
project has not been rebuilt or repaired substantially to its state prior to its damage or destruction, or

(b) That damage or destruction to the project has rendered one-half or more of the units therein untenantable and that condominium
owners holding in aggregate more than thirty percent interest in the common areas are opposed to repair or restoration of the project;
or

(c) That the project has been in existence in excess of fifty years, that it is obsolete and uneconomic, and that condominium owners
holding in aggregate more than fifty percent interest in the common areas are opposed to repair or restoration or remodeling or
modernizing of the project; or

(d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable, or that the
condominium owners holding in aggregate more than seventy percent interest in the common areas are opposed to continuation of the
condominium regime after expropriation or condemnation of a material portion thereof; or

(e) That the conditions for such partition by sale set forth in the declaration of restrictions, duly registered in accordance with the terms
of this Act, have been met.

Section 9. The owner of a project shall, prior to the conveyance of any condominium therein, register a declaration of restrictions
relating to such project, which restrictions shall constitute a lien upon each condominium in the project, and shall insure to and bind all
condominium owners in the project. Such liens, unless otherwise provided, may be enforced by any condominium owner in the project
or by the management body of such project. The Register of Deeds shall enter and annotate the declaration of restrictions upon the
certificate of title covering the land included within the project, if the land is patented or registered under the Land Registration or
Cadastral Acts.

The declaration of restrictions shall provide for the management of the project by anyone of the following management bodies: a
condominium corporation, an association of the condominium owners, a board of governors elected by condominium owners, or a
management agent elected by the owners or by the board named in the declaration. It shall also provide for voting majorities quorums,
notices, meeting date, and other rules governing such body or bodies.

Such declaration of restrictions, among other things, may also provide:

(a) As to any such management body;

(1) For the powers thereof, including power to enforce the provisions of the declarations of restrictions;

(2) For maintenance of insurance policies, insuring condominium owners against loss by fire, casualty, liability, workmen's compensation
and other insurable risks, and for bonding of the members of any management body;

(3) Provisions for maintenance, utility, gardening and other services benefiting the common areas, for the employment of personnel
necessary for the operation of the building, and legal, accounting and other professional and technical services;

(4) For purchase of materials, supplies and the like needed by the common areas;

(5) For payment of taxes and special assessments which would be a lien upon the entire project or common areas, and for discharge of
any lien or encumbrance levied against the entire project or the common areas;
(6) For reconstruction of any portion or portions of any damage to or destruction of the project;

(7) The manner for delegation of its powers;

(8) For entry by its officers and agents into any unit when necessary in connection with the maintenance or construction for which such
body is responsible;

(9) For a power of attorney to the management body to sell the entire project for the benefit of all of the owners thereof when partition
of the project may be authorized under Section 8 of this Act, which said power shall be binding upon all of the condominium owners
regardless of whether they assume the obligations of the restrictions or not.

(b) The manner and procedure for amending such restrictions: Provided, That the vote of not less than a majority in interest of the
owners is obtained.

(c) For independent audit of the accounts of the management body;

(d) For reasonable assessments to meet authorized expenditures, each condominium unit to be assessed separately for its share of such
expenses in proportion (unless otherwise provided) to its owners fractional interest in any common areas;

(e) For the subordination of the liens securing such assessments to other liens either generally or specifically described;

(f) For conditions, other than those provided for in Sections eight and thirteen of this Act, upon which partition of the project and
dissolution of the condominium corporation may be made. Such right to partition or dissolution may be conditioned upon failure of the
condominium owners to rebuild within a certain period or upon specified inadequacy of insurance proceeds, or upon specified
percentage of damage to the building, or upon a decision of an arbitrator, or upon any other reasonable condition.

You might also like