Question & AnswerQ&A (LRA CIRCULAR NO. 25)
According to LRA Circular No. 25, the certificate of registration and license to sell from the Housing and Land Use Regulatory Board (HLURB) need not be required prior to the registration of the enabling or master deed and declaration of restrictions.
Section 4 of the Condominium Act states that a condominium project is constituted by the recording in the Register of Deeds and annotation on the corresponding certificate of title of the enabling or master deed.
Section 9 of the Condominium Act requires the registration of the declaration of restrictions prior to the conveyance of any condominium unit.
Yes, submission of the certificate of registration and license to sell from HLURB duly certified must be required before the conveyance of any condominium unit is registered.
The master deed and declaration of restrictions must be duly registered in the office of the Register of Deeds, and are necessary documents for the licensing and registration process, evidencing the condominium project.
No, the HLURB requires the master deed and declaration of restrictions to be registered, but the certificate of registration and license to sell from HLURB should not be a pre-requisite to their registration at the registry of deeds.
The master deed and declaration of restrictions duly registered in the office of the Register of Deeds should be submitted along with the application.
LRC Circular No. 73 prescribes that submission of the documents certified by HLURB should be required before registration of any conveyance of condominium units.
It addressed the practice in some registries of deeds requiring a certificate of registration and license to sell from HLURB prior to registering the master deed and declaration of restrictions, clarifying that such certificate should not be required for registration of these documents.