Title
Supreme Court
Defines condominium ownership rules
Law
Republic Act No. 4726
Decision Date
Jun 18, 1966
The Condominium Act establishes the legal framework for the creation, governance, dissolution, and assessment of condominiums in the Philippines, ensuring fair treatment of unit owners and compliance with legal requirements to promote the growth of the condominium industry.

Law Summary

Key Definitions

  • "Condominium": as defined in the Act.
  • "Unit": a distinct part of the condominium project intended for independent use or ownership including rooms, or spaces with accessories.
  • "Project": entire real property parcel divided or to be divided into condominiums including all structures.
  • "Common areas": all parts of the project excluding separately held or granted units.
  • "To divide": means to divide ownership or interest by conveying one or more condominium units but less than the whole.

Applicability and Requirements for Creation

  • The Act applies only when an enabling or master deed is recorded and annotated in the land’s certificate of title.
  • The master deed must include:
    • Description of land and buildings with number of units and accessories.
    • Description of common areas and facilities.
    • Statement of the interest acquired in separate units and common areas.
    • Purpose and use restrictions of each unit.
    • Consent certificates from registered owners and lien holders.
    • Survey and floor plans as integral parts of the deed.
    • Any lawful restrictions on disposition of condominiums.
  • Amendments or revocation of the master deed require registration and consent from owners and lienholders.

Transfer and Ownership Restrictions

  • Conveyance of a unit must include transfer of undivided interest in common areas or condominium corporation membership.
  • Only Filipino citizens or corporations with at least sixty percent Filipino ownership may acquire units if common areas are co-owned.
  • Transfers must comply with legal limits on alien ownership of condominium corporation stock.

Incidents of Condominium Ownership

  • Unit boundaries: interior surfaces of the perimeter walls, floors, ceilings, windows, and doors.
  • Common structural elements, lobbies, elevators, and utility installations are common areas.
  • Each unit holder has exclusive easement over the airspace within unit boundaries, which is terminated upon destruction.
  • Common areas are held in equal shares unless otherwise provided.
  • Each owner has non-exclusive easement for ingress and egress through common areas.
  • Exclusive rights to decorate interiors and to mortgage, sell, or dispose of their unit.
  • Obligations incurred by an owner are personal.

Partition and Dissolution

  • Common areas remain undivided; judicial partition prohibited except as provided.
  • Partition by sale may be ordered when:
    • The project remains unrepaired three years after damage.
    • Over half the units are untenantable and significant owners oppose repair.
    • The project is over fifty years old, obsolete, and majority oppose remodeling.
    • The project or material part condemned or expropriated and no longer viable.
    • Conditions in the declaration of restrictions for partition are met.

Declaration of Restrictions and Management

  • A declaration of restrictions must be registered before conveyance of any unit.
  • The declaration binds all owners, constitutes a lien on each unit, and provides for management by a condominium corporation or other bodies.
  • It contains provisions on:
    • Powers and enforcement of the management body.
    • Insurance, maintenance, personnel, legal, and accounting services.
    • Payment of taxes, liens, repairs, and reconstruction.
    • Voting procedures, meetings, and amendments.
    • Assessment of owners proportionate to common area interest.
    • Conditions for partition or dissolution.

Condominium Corporation

  • Acts as the management body where it holds common areas.
  • Purposes limited to ownership and management of common areas and related activities.
  • Articles and by-laws must conform with this Act and related documents.
  • Membership relates strictly to unit ownership and ceases when unit ownership is lost.
  • Corporate term co-terminous with condominium project duration.

Dissolution of Condominium Corporation

  • Involuntary dissolution results in transfer of common areas to members proportionate to interest.
  • Voluntary dissolution requires showing specific conditions related to damage, obsolescence, condemnation, or consent thresholds.
  • Unanimous member or stockholder vote can dissolve the corporation, following Corporation Law provisions.
  • Upon dissolution, power of attorney allows sale and liquidation of entire project.
  • Corporation cannot dispose of common areas without unanimous consent.

Registration of Conveyance and Title

  • Conveyance registration requires management body certification of compliance with restrictions.
  • "Condominium owner's" copy of the certificate of title issued, focusing on the conveyed unit.
  • Register of Deeds may consolidate ownership under certain conditions.

Liens and Assessments

  • Assessments according to declaration constitute liens on units, with priority over subsequent liens except taxes.
  • Liens enforceable by judicial or extrajudicial foreclosure.
  • Labor and material liens apply only with owner consent, except emergency repairs.
  • Owners can pay their proportion of a lien to remove their unit from it.

Management Body Powers over Personal Property

  • Management bodies may acquire, hold, and dispose of personal property beneficial to owners proportionate to their common interest.
  • Transfer of a condominium transfers interest in such personal property.

Partition or Dissolution due to Condemnation

  • Court may order reorganization if criteria are unmet, defining which parts remain condominium and owner rights.
  • Register of Deeds must annotate court decree in title.

Interpretation and Taxation

  • Provisions liberally construed to facilitate project operation.
  • Each condominium separately assessed for real property and other taxes, with lien on each unit.

Effectivity and Supersession

  • This Act supersedes conflicting laws regarding condominiums.
  • Effective upon approval on June 18, 1966.

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.