Professional Documents
Culture Documents
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Eleanor Borja Uboan
How did the condominium
housing started in the Philippines?
Provided, finally
➢ That any amendment or revocation already decided by a
simple majority of all registered owners shall be submitted to
HLURB and the City/Municipal Engineer for approval before it
can be registered. Until registration of a revocation, the
provisions of this Act shall continue to apply to such property.”
continuation...Legal Bases
Eleanor Borja Uboan
Exclusive ownership of unit - It involves retention or the psychological
and economic
In the absence of any provision in the Master deed, all unit owners
shall have EQUAL SHARE in the common areas.
◦ Equal sharing
◦ Sharing Based on Value
◦ Sharing Based on UNIT AREA in relation to total area
Tax Declaration(s) – This document will determine to what extent the unit
owners are liable with regards to the tax obligation on the condominium
project’s land and common areas and the individual units.
2. Co-ownership of land and common areas. 2. Share on realty tax on common area and
land.
5. Repair, paint and redecorate the interior 5. Comply with use restrictions.
surfaces of his unit.
Purposes of Corporation- (a) To hold title to the land and (b) act as the
management body.
Eleanor Borja Uboan
Conflict with master Deed- in case of conflict between the provisions
of the articles of Incorporation of the condominium corporation and
the Master Deed, the latter shall prevail based on the following
reasons:
◦ It is the Master Deed which gives birth to the condominium project.
◦ The condominium corporation provides that the articles of
Incorporation of the condominium corporation shall not conflict with
the Master Deed.
Term of Corporation- The life of the condominium corporation shall be
co-terminous with the existence of the condominium project.
Effects of Voluntary Dissolution-
A) The corporation shall be deemed to hold a power of attorney from
all stockholder or member to sell their separate interest the project.
B) Liquidation of the corporation shall be affected by the sale of the
entire project subject to the rights of the Corporation and Individual
condominium creditors.
Eleanor Borja Uboan
Effects of Involuntary Dissolution
Condominium Traditional
Restrictions on Capacity to buy: Alien ownership should not go beyond Aliens are
40% of the total units in a condominium prohibited
corporation unless acquired
through hereditary
Succession or special laws.
Eleanor Borja Uboan
DISTINCTIONS BETWEEN CONDOMINIUM AND
TRADITIONAL CONCEPT OF OWNERSHIP
➢ Mortgage: Section 18
➢ Advertisements: section 19
➢ Time of Completion: Section 20
➢ Alteration of Plan: Section 22
➢ Non-Forfeiture of Payments: Section 23
➢ Issuance of Title: Section 25
➢ Donations of Open spaces: Section 31, as amended by PD1216
➢ Organization of Homeowners Association: Section 30
➢ Realty Taxes Payment: Section 26
➢ Other Charges: Section 27
Eleanor Borja Uboan
Duties and Responsibilities of owners/ developers of subdivision
and condominium projects under PD957:
(Please refer to the particular Sections of PD957 as follows:)
The transfer certificate of title covering the land is in the name of the
condominium corporation of which a unit owner is a member.
The condominium title identifies the unit as part of the project annotated
on the transfer certificate covering the land.
Mixture of character
Eleanor Borja Uboan
TYPES OF CONDOMINIUM PROJECTS
Such lien may be enforced in the same manner provided by law for the
judicial or extra-judicial foreclosure of mortgage.
The unit owner affected shall have the same right of redemption as in
cases of judicial or extrajudicial foreclosure of mortgage.
Eleanor Borja Uboan
EXTENT OF INTEREST IN COMMON AREAS
In the absence of any provision in the master deed, all unit owners
shall have equal share in the common areas. If the intent is to pro-
rate the unit owners’ interest on the common areas, such fact must
be expressly provided in the master deed. The interest based on floor
area of ownership is arrived at by dividing the unit area by the total
floor area of the common areas.
One or more unit owners may bring an action for partition by sale of the entire project
based on the following grounds:
Three years after damage or destruction to the project which render a material part
thereof unfit for use, the project has not been rebuilt or repaired substantially to its
state prior to damage or destruction; or
Damage or destruction to the project has rendered one-half or more of the units un-
tenantable and that unit owners holding more than 30% interest in the common areas
are opposed to repair or restoration of the project; or
◦ To hold title to the land and To act as the management body of the
condominium project.
Conflict with Master Deed. In case of conflict between the articles of incorporation of
the condominium corporation and the master deed of the condominium project, the
latter should always prevail because:
It is the master deed which gives birth to the condominium project. The project
cannot exist without a master deed, but it can exist without a condominium
corporation.
The management body may impose a lien on the condominium unit and
register it at the Registry of Deeds.
SITE CRITERIA
Conformity to CLUP/ZO/NBC
1. In areas zoned as or appropriate for residential use.
e.g. Baguio City – High Density Res’l. Zone (R-3)
2. Conformity to NBC
SPACE ALLOCATION- areas for living, dining, kitchen, sleeping, toilet
and bath, laundry/drying area – minimum sizes shall be per NBC.
3.00 m
2.00m.
Min.Area= 6.00sq.m.
...Space allocation
➢ Kitchen- 3.00 sq.m., least dimension of 1.50m
2.00m
1.50m
Area(min.) =3.00sq.m.
➢ Bath and toilet – 1.20sq.m., least dimension of 0.90m
0.90m
min. Area=1.20sq.m.
1.20m
UNIT DIMENSIONS