Question & AnswerQ&A (Republic Act No. 7899)
Republic Act No. 7899 amends sections 4 and 16 of Republic Act No. 4726, also known as the Condominium Act, to provide updated rules on the amendment or revocation of enabling or master deeds and the disposition of common areas in condominium projects.
The enabling or master deed may be amended or revoked upon registration of an instrument executed by a simple majority of the registered owners of the property, with specific bases for calculating the majority depending on whether the condominium project is residential, commercial, or mixed-use.
In a condominium project exclusively for either residential or commercial use, a simple majority shall be determined on a per unit of ownership basis.
In a mixed-use condominium project, the simple majority is determined based on the floor area of ownership.
Prior notifications must be made to all registered owners before registration of any amendment or revocation of the enabling or master deed.
Amendments or revocations decided by a simple majority of all registered owners must be submitted to the Housing and Land Use Regulatory Board (HLURB) and the city/municipal engineer for approval before registration.
No, a condominium corporation cannot sell, exchange, lease, or otherwise dispose of common areas unless authorized by the affirmative vote of a simple majority of the registered owners with prior notification to them.
Yes, the condominium corporation may expand or integrate the project with another upon the affirmative vote of a simple majority of the registered owners, subject to the final approval of the Housing and Land Use Regulatory Board.
The Act takes effect fifteen (15) days after its complete publication in at least two national newspapers of general circulation.
Until the registration of a revocation, the provisions of the Condominium Act shall continue to apply to the property.