Title
Amendments to Condominium Act provisions
Law
Republic Act No. 7899
Decision Date
Feb 23, 1995
The amendment to the Condominium Act allows for the amendment or revocation of the enabling or master deed by a simple majority of registered owners, and requires prior notifications and approvals for any changes to common areas or expansion of the project.

Questions (Republic Act No. 7899)

RA No. 7899 amends the Condominium Act, Republic Act No. 4726, specifically Section 4 (last paragraph) and Section 16.

It may be amended or revoked upon registration of an instrument executed by a simple majority of the registered owners.

Simple majority is on a per unit of ownership basis.

Simple majority is on a floor area of ownership basis.

Prior notifications to all registered owners must be done.

It must be submitted to the Housing and Land Use Regulatory Board (HLURB) and the city/municipal engineer for approval before it can be registered.

Until registration, the provisions of the Condominium Act continue to apply to the property.

No. It is generally prohibited from disposing of common areas owned or held by it during its existence unless authorized by the required vote of the registered owners.

An affirmative vote of a simple majority of the registered owners.

Prior notifications to all registered owners must be done.

The condominium corporation may expand or integrate the project with another upon the affirmative vote of a simple majority of the registered owners.

It is subject only to the final approval of the Housing and Land Use Regulatory Board.

It ties validity to (1) simple-majority approval with proper voting basis, (2) prior notification, and (3) submission to HLURB and the city/municipal engineer for approval before registration.

It takes effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.

Because different voting calculations can change whether a 'simple majority' is met, depending on whether ownership is measured by unit or by floor area.

An instrument for amendment/revocation executed by the required simple majority, evidence of prior notification to registered owners, HLURB and city/municipal engineer approval (if already decided), and proof of registration (or absence thereof, affecting which provisions continue to apply).


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