QuestionsQuestions (LRA CIRCULAR NO. 25)
It addressed the practice of requiring condominium owners, dealers, or developers—before recording the enabling/master deed and the declaration of restrictions—to first secure a Certificate of Registration and a License to Sell from the HLURB.
HLURB required applicants to submit, together with their application, the master deed and declaration of restrictions already duly registered with the Register of Deeds.
A condominium project is constituted by the recording in the Register of Deeds and the annotation on the corresponding certificate of title of the enabling or master deed.
The declaration of restrictions must be registered prior to the conveyance of any condominium unit.
No. The Circular directs that during the recording of the master deed and declaration of restrictions, the HLURB certificate of registration and license to sell need not be required.
Because registration and licensing with HLURB presupposes the project already exists; under Section 4, the condominium project is constituted upon recording/annotation of the enabling or master deed, and under Section 9, the declaration of restrictions must be registered before any unit is conveyed.
It required that the HLURB-issued documents (duly certified by HLURB per NLTDRA (LRC) Circular No. 73, dated March 7, 1986) must be submitted before the conveyance of any condominium unit is registered.
Before the conveyance of any condominium unit is registered (i.e., at the conveyance-registration stage, not at the initial recording of the master deed and declaration of restrictions).
It refers to the master deed and the declaration of restrictions, which are to be recorded in the Register of Deeds and (for the master deed) annotated on the corresponding certificate of title.
It should not require the HLURB certificate of registration and license to sell as a prerequisite to the recording of the master deed and declaration of restrictions.
It cited Section 4 of R.A. No. 4726 for when a condominium project is constituted (recording/annotation of enabling/master deed) and Section 9 for when the declaration of restrictions must be registered (before conveyance).
It harmonized the process by allowing initial registration of the master deed and declaration of restrictions without HLURB certificate/license, while requiring HLURB-certified documents before registration of unit conveyances.
LRA Circular No. 25 requires that the HLURB documents to be submitted before conveyance registration must be duly certified by HLURB per NLTDRA (LRC) Circular No. 73.
It enjoined strict compliance with its directive.
It was adopted on August 15, 1990 and signed by Teodoro G. Bonifacio (Administrator), as indicated in the Circular.