Basis under the Condominium Act
- Section 4 of Republic Act No. 4726 (Condominium Act) provides 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 Republic Act No. 4726 (Condominium Act) requires registration of the declaration of restrictions prior to the conveyance of any condominium unit.
- LRA Circular No. 25 is issued to harmonize registry practice with the timing requirements of Republic Act No. 4726.
Rule on master deed and declaration restrictions recording
- Registries of deeds must not require condominium owners, dealers, or developers to present a certificate of registration and license to sell from HLURB before recording the enabling or master deed and the declaration of restrictions.
- Registration and licensing of a condominium project with HLURB presupposes that the project already exists under Section 4 of Republic Act No. 4726.
- Recording of the master deed and the declaration of restrictions must proceed without first requiring the HLURB certificate of registration and license to sell.
HLURB certification requirement before conveyance
- Documents for the master deed and declaration of restrictions that are duly certified by HLURB must be required before the conveyance of any condominium unit is registered.
- NLTDRA (LRC) Circular No. 73, dated March 7, 1986, governs the certification requirement referenced by LRA Circular No. 25.
- The required HLURB certification must be completed before the registration of the conveyance of any condominium unit.
Practical effect for registries of deeds
- Registries of deeds must distinguish between (1) recording of the enabling/master deed and declaration of restrictions, and (2) registration of the conveyance of condominium units.
- The HLURB certificate of registration and license to sell is not a prerequisite for recording the enabling/master deed and declaration of restrictions.
- HLURB-duly certified documents are required before the conveyance of any condominium unit is registered.
- Strict compliance with these instructions is expressly enjoined.