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.