What is a Condominium? [I-S-U-S] What are the contents of an enabling or master deed?

[L-B-C-N-P-C-S-D-R]

Condominium is an interest in real property. Description of the land on which the bulding or buldings and their accessories
It consists of a separate interest in a unit in a residential, industrial or are to be located.
commerical bulding. Description of the bulding or buldings, stating the number of stories and
It consists of an undivided interest in common directly or indirectly, in the basements, the number of units and their accessories, if any.
land on which it is located and in other common areas of the building. Description of the common areas and facilities.
It may include a separate interest in other portions of such real property. 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
Who may hold title to the common areas of a condominium including the land condominium project. Where title to or the appurtenant interest in the
or the appurtenant interest in such areas? common areas is or is to be held by a condominium corporation, a statement
to this effect shall be included.
A Condominium Corporation
Statement of the purpose for which the bulding or buildings and each of the
Who may be members of a condominium corporation? units are intended or restricted as to use.
A certificate by the registered owner of the property, if he is other than those
The holders of separate interests shall automatically be members or executing the master, and by all registered holders of any lien or
shareholders, to the exclusion of others, in proportion to the appurtenant encumbrance on the property, that they consent to the registration of the
itnerest of their respective units in the common areas. deed.
A survey plan of the land included in the project, unless a survey plan of the
What kind of interest a person may acquire in a condominium? same property had previously been filed in the said office.
A diagrammatic floor plan of the building or buldings in the project, sufficient
Interest may be ownership or any other real right in real property.
in detail to identify each unit, its relative location and approximate
What is a Unit? [P-R-A] dimensions.
Any reasonable restriction no contrary to law, morals, or public policy
A part of the condominium project intended for any type of independent unse regarding the right of any condominium owner to alienate or dispost of his
or ownership. condominium.
It includes one or more rooms or spaces in one or more floors in a building
or buldings. How to amend or revoke an enabling or master deed? [N-R-A]
It may include such accessories as may be appended thereto.
There must be a prior notification to all registered owners.
What is a Project? It may be amended or revoked upon registration of an instrument executed
by a simple majority of the registered owners of the property.
It is the entire parcel of real property divided or to be divided into All amendment or revocation already decided by a simple majority of all
condominiums, including all structures thereon. registered owners shall be submitted to the HLURB and the city/municipal
engineer for approval before it can be registered.
What is Common areas?
What is a simple majority vote?
It is the entire project excepting all units separately granted, held, or
reserved. Simple majority shall be on a per unit of ownership basis if exclusive either
for residential or commerical use.
What does To divide real property mean? Simple majority shall be in a floor area of ownership basis in the case of
mixed use.
It means to divide the ownership thereof or other interest therein by
conveying one or more condominiums therein but less than the whole What does the transfer or conveyance of a unit include?
thereof.
It includes transfer or conveyance of a undivided interest in the common
What makes a Condominium, a condominium? [M-R] areas or, in a property case, the membership or shareholdings in the
condominium corporation.
There shall be an enabling or master deed recorded in the Register of Deeds
of the province or city in which the property lies and duly annotated in the What are the requirements if there is a tranfer or conveyance of a unit?
corresponding certificate of title of the land.
There must be a deed or declaration of restrictions. If the common areas in the condominium project are held by the owners of separate
units or co-owners thereof:
 The condomonium unit therein shall be conveyed or transferred only to That three years after damage or destruction to the project which renders
Filipino citizens or corporations at least 60% of the capital stock of which material part thereof unit for its use prior thereto, the project has not been
belong to Filipino citizens, except in cases of hereditary succession. rebuilt or repaired substantially to its state prior to its damage or destruction,
or
If the common areas in the condominium project are held by a corporation: That damage or destruction to the project has rendered one-half or more of
the units therein untenantable and that condominium owners holding in
No transfer or conveyance of a unit shall be valid if it will cause the alien
aggregate more than thirty percent interest in the common areas are
interest in such corporation to exceed the limits imposed by existing laws.
opposed to repair or restoration of the project; or
That the project has been in existence in excess of fifty years, that it is
What are the incidents of a condominium grant in general?
obsolete and uneconomic, and that condominium owners holding in
aggregate more than fifty percent interest in the common areas are opposed
Unless otherwise expressly provided in the enabling or master deed or the declaration
to repair or restoration or remodeling or modernizing of the project; or
of restrictions:
That the project or a material part thereof has been condemned or
expropriated and that the project is no longer viable, or that the
The boundary of the unit granted are the interior surfaces of the perimiter
condominium owners holding in aggregate more than seventy percent
walls, floors, ceilings, windows, and door thereof.
interest in the common areas are opposed to continuation of the
The following are not part of the unit: bearing walls, columns, floors, roofs,
condominium regime after expropriation or condemnation of a material
foundation and other common structural elements of the building; lobbies,
portion thereof; or
stairways, hallways, and other areas of common use; elevator equipment
That the conditions for such partition by sale set forth in the declaration of
and shafts, central heating, refrigeration and airconditioning equipment,
restrictions, duly registered in accordance with the terms of this Act, have
reservoirs, tanks, pumps and other central services and facilities, pipes,
been met.
ducts, flues, chutes, conduits, wires and other utility installations, wherever
located, except the outlets thereof when located within the unit.
The common areas are held in common by holders of units, in equal shares
one for each unit, unless otherwise provided.
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.
Each condominium owner shall have the exclusive right to paint, repaint,
tile, wax, paper, or otherwise refinish and decorate the inner surface of the
walls, ceileings, floors, windows, and doors bounding his own unit.
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 condominium but any obligation incurred by such
condominium owner is personal to him.
Each condominium owner has also the absolute right to sell or dispose of his
condominium unless the master deed contrains a requirement that the
property be first offered to the condominium owners within a reasonble
period of time before the same is offered to outside parties.
Can the common areas be judicially partitioned?
Generally, common areas shall remain undivided, and there shall be no
judicial partition thereof except as provided in section 8 of R.A. 4627.
Who may partition the common areas?
The action may be brought by one or more of the several persons who own
condominiums in a condominium project.
How to commence a partition?
There can be 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.
What are the instances where a valid partition may be made?