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CONDOMINIUM ACT (R.A. 4726)

Republic Act No. 4726

◾ An act to define condominium, establish requirements for its creation and
government of its incidents.
◾ Otherwise known as: “The Condominium Act”

Important terms
1) Condominium - is an interest in real property consisting of a separate interests in a
unit in a residential, industrial or commercial building or in an industrial estate and an
undivided interests in common, directly and indirectly, in the land, or the appurtenant
interest of their respective units in the common areas.

2) Unit - a part of the condominium project intended for any type of independent use
or ownership, including one or more rooms or spaces located in one or more floors (or
parts of floors) in a building or buildings and such accessories as may be appended
thereto. In the case of an industrial estate wherein the condominium project consists of
several buildings, plants and factories may, by themselves, be considered separately as
individual units as herein defined.

3) Project - the entire parcel of real property divided or to be divided in condominiums,

including all structures thereon.

4) Industrial Estate or Estate - a certain tract of land which is subdivided and

developed primarily for industrial purposes, and which usually includes provisions for
basic infrastructure facilities and common services such as roads, water, electricity,
drainage and waste disposal system.

5) Common areas - the entire project except all units separately granted or held or
reserved.

6) Condominium Corporation - constitute the management body of the project. The

corporate purposes of such a corporation shall be limited to the holding of the common
areas; either the ownership of any other interest in real property recognized by the law,
to the management of the project, and to such other purposes as maybe necessary.

Applicability
The Condominium Act shall apply to property divided or to be divided into condominium
only if there shall be recorded in the Register of Deeds of the province or city in which the
property lies, and duly annotated in the corresponding certificate of title of the land, if the
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latter had been patented or registered under either the Land Registration or Cadastral
Acts, an enabling or master deed must accompany the same.

Master Deed must contain the following:

a) Description of the land on which the building or buildings and improvements are to be
located;
b) Description of the building or buildings, stating the number of storeys and basement,
the number of units and their accessories, if any;
c) Description of the common areas and facilities;
d) A statement of the exact nature of the interest acquired or to be acquired by the
purchased in the separate units and the common areas of the condominium projects.
Where title to or to appurtenant interests in the common areas is to be held by a
condominium corporation, a statement to this effect shall be included;
e) A certificate of the registered owner of the property, if he is other than those executing
the master deed, as well as of all registered holders of any lien or encumbrances on the
property, that they consent to the registration of the deed;
f) The following plans shall be appended to the deed as integral parts thereof:
◾ f1. A survey plan of the land included in the project, unless a survey plan of the
same property had previously been filed in said office.
◾ f2. A diagrammatic floor plans of the building or buildings each unit, its relative
location and approximate dimensions.
g) Any reasonable restriction not contrary to law, morals, or public policy regarding the
right of any condominium owner to alienate or dispose off his condominium

Rules on Amendment or revocation of the Master Deed

1. Registration of an instrument executed by a simple majority of the registered
owners of the property.
◾ Note that in a condominium project exclusively for either residential or
commercial use, simple majority shall be on a per unit of ownership basis and
that in the case of mixed use, simple majority shall be on a floor area of ownership
basis.

2) It is a requirement that prior notifications to all registered owners shall be submitted to

the a) Housing and Land Use Regulatory Board and 2) the city/municipal engineer for
approval before it can be registered.
◾ Note that until registration of a revocation, the provisions of the
Condominium Act shall continue to apply to such property.
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Rules on Transfer or Disposition of Unit

1) Any transfer or conveyance of a unit or an apartment, office or store or other space
therein, shall include the transfer or conveyance of the undivided interest in the common
areas or in a proper case, the membership or share holdings in the condominium
corporation.

2) Where the common areas in the condominium project are held by the owners of
separate units as co-owners hereof, no condominium unit therein shall be conveyed or
transferred to persons other than Filipino citizens or corporation at least 60% of the capital
stock of which belong to Filipino citizens, except in cases of hereditary succession.

3) Where the common areas in a condominium project are held by a corporation, no

transfer or conveyance of a unit shall be valid if the concomitant transfer of the
appurtenant membership or stockholding in the corporation will cause the alien interest
in such corporation to exceed the limits (60%) imposed by existing laws.
*Note no conveyance of condominium or part thereof, subsequent to the original
conveyance thereof from the owner of the project, shall be registered unless
accompanied by a certificate of the management body of the project that such
conveyance is in accordance with the provisions of the declaration of restrictions of such
project.

4) Upon registration of an instrument conveying a condominium, the Register of Deed

shall, upon payment of the proper fees, enter and annotate the conveyance on the
certificate of title covering the land included within the project and the transferee shall be
entitled to the issuance of a “condominium owners” copy of the pertinent portion of such
certificate of title.

Rights of unit owner

1. Absolute Ownership of his unit
◾ a) The boundary of the unit granted are the interior surfaces of the perimeter walls,
floors, ceiling, windows and doors thereof: Provided, that in the case of an industrial
estate condominium projects, wherein whole buildings, plants or factories may be
considered as unit, the boundary of a unit shall include the outer surfaces of the
perimeter walls of said buildings, plants or factories.
◾ b) The following are not part of the unit: bearing walls, columns, floors, roofs,
foundations, and other common structural elements of the buildings; lobbies,
stairways, hallways and other areas of common use, elevator equipment and shafts,
central heating, central refrigeration and central air conditioning equipment,
reservoir, tanks, pumps and other central services and facilities, pipes, ducts, flues,
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chutes, conduits wires and other utility installations, wherever located, except the
outlets thereof when located within the unit.

2. An exclusive easement for the use of the air space encompasses by the boundaries
of the unit, as it exists at any particular time and as the unit may lawfully be altered or
reconstructed from time to time. Such easement shall be automatically terminated in any
air space upon destruction of the units as to render it untenantable.
3. Co-ownership of the land and common areas, in equal share one for each unit.
e) Exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and
decorate the inner surfaces of the walls, ceilings, floors, windows and doors
hounding his own unit: provided, that in the case of an industrial estate
condominium unit, such right may be exercised over the external surfaces of the
said unit.
f) Exclusive right to mortgage, pledge or encumber his condominium and to have
the same appraised independently of the other condominium owner.
g) Absolute right to sell or dispose of his condominium unless the master deed
contains a requirement that the property be first offered to the condominium
owners within a reasonable period of time before the same is offered to outside
parties;
h) Right to participate and vote in condominium corporation/association meetings.

*Note that the common areas shall remain undivided, and there shall be no judicial
partition thereof except as provided by the Condominium Act.

Partition by Sale of the Entire Project

Where several persons own condominium in a condominium project, an action may be
brought by one or more such person for partition thereof, by sale of the entire project
based on the following grounds:

a) That three years after damage or destruction to the project which renders a material
part thereof unfit for its use prior thereto, the project had not been rebuilt or repaired
substantially to its state prior to its damage or destruction; or
b) That damage or destruction to the project has rendered one half or more of the units
therein untenantable and that condominium owners holding in aggregate more than 30
percent interest in the common areas are opposed to the repair or restoration of the
projects; or

c) That project has been in existence in excess of 50 years, that it is obsolete and
uneconomical, and that condominium owners holding in aggregate more than 50 percent
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interest in the common areas are opposed to repair or restoration or remodeling or

modernizing of the project; or
d) That the project or a material part thereof has been condemned or expropriated and
that the project is no longer viable, or that the condominium owners holding in aggregate
more than 70 percent interest in the common areas are opposed to the continuation of
the condominium regime after expropriation or condemnation of a material proportion
thereof; or
e) That the condition for such partition by sale set forth in the declaration of restrictions
duly registered in accordance with the terms of the Condominium Act, have been met.

The Master Deed of Restriction

The owner of a project shall, prior to the conveyance of any condominium therein must
cause the registration of the declaration or restrictions, relating to such project, which
restrictions shall ensure to a bind all condominium owners in the project, such liens. These
may be enforced by any condominium owner in the project or by the management body
of such project. The Register of Deeds shall enter and annotate the declaration of
restrictions, upon the Certificate of Title. It may contain provisions among others:

a. As to management body
1. For the power thereof, including power to enforce the provisions of the
declarations of restrictions;

2. For the maintenance of insurance policies insuring condominium owners against

loss by the, casualty, liability, workmen’s compensation and other insurable risks
and for bonding of the members of any management body;

3. Provisions for maintenance, utility, gardening and other services benefiting the
common areas for the operations of the building, and legal, accounting and other
professional and technical services;
4. For purchase of materials, supplies and the like needed by the common areas;

5. For payment of taxes and special assessment which would be a lien upon the
entire project or common areas, for discharge of my encumbrance levied against
the entire project of the common areas;

6. The manner for delegation of its powers;

7. For reconstruction of any portion or portions of any damage to or destruction of

the project;
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8. For entry by its officers and agents into any unit when necessary in connection
with the maintenance or construction for which such body is responsible;

9. For a power of attorney to the management body to sell the entire project for the
benefit of all of the owners thereof when partition of the project may be authorized
under Section 8 of this Act, which said power shall be binding upon all of the
condominium owners regardless of whether they assume the obligations of the
restrictions or not.

b) The manner and procedure for amending such restrictions, provided, that the vote of
not less than a majority in interest of the owners is obtained

c) For independent audit of the accounts of the management body;

d) For reasonable assessments to meet authorized expenditures, each condominium unit

to be assessed separately for its share of such expenses in proportion (unless otherwise
provided) to its owner’s fractional interest in any common areas;

e) For the subordination of the liens securing such assessments to other lien either
generally or specifically described;
f) For conditions, other than those provided for in Sections 8 and 13 of this Act, upon
which partition of the project and dissolution of the condominium corporation may be
made. Such right to partition or dissolution may be conditioned upon failure of the
condominium owners to rebuild within a certain period or upon specified percentage of
damage to the building, or upon a decision of an arbitration, or upon any other reasonable
condition.

Condominium Corporation
1. Optional and Mandatory Requirement.
a) Optional – if no unit will be sold to foreigners
b) Mandatory – if there will be foreign ownership. However, only 40% of the interests
in the project can be sold to foreigners. This is to preserve the Filipino ownership
of requirement under the constitution
2) Principal Purpose:
◾ a) To hold title to the land
◾ b) To act as the management body of the condominium project
3) Conflict with the Master Deed.
In case of conflict between the articles of incorporation of the condominium corporation
and the master deed of the condominium project, the master deed shall prevail because
a) master deed gives birth to condominium project. The project cannot exist without a
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master deed but it can exist without a condominium corporation b) the law provides that
the articles of incorporation or by laws of the corporation shall not contain any provision
contrary to or inconsistent with the master deed

4) Membership.
Membership in a condominium corporation regarding of whether it is stock or non-stock
corporation, shall not be transferable separately from the condominium unit of which it is
an appurtenance. When a member or a stockholder ceases to own a unit in the project in
which the condominium corporation owns or holds the common area, he shall
automatically cease to be a member or stockholder of the condominium
corporation.
5) Registration.
The registration and regulation of a condominium corporation shall be vested with the
Housing And Land Use Regulatory Board (HLURB)

6) Term of the corporation.

The term of the said corporation shall be coterminous with the duration of the subdivision
projects unless it is earlier dissolved

Grounds for involuntary Dissolution

a) The three years after damage or destruction to the project in which damage or
destruction renders a materials part thereof unfit for its use prior thereto, the project has
not been rebuilt or repaired substantially to its state prior to its damage or destruction; or

b) The damage or destruction to the project has rendered one half or more of the units
therein untenantable and that more than 30 percent of the member of the corporation
entitled to vote, if a stock corporation, are opposed to the repair or reconstruction of the
project; or

c) That the project has been in existence excess of 50 years, that it is obsolete and
uneconomical and that more than 50 percent of the members of the corporation if non-
stock or stockholders representing more than 50 percent of the capital stock entitled to
vote, if a stock corporation, are opposed to the repair or restoration or remodeling or
modernizing of the project; or

d) That project or material part thereof has been condemned or expropriated and that the
project is no longer viable or that the members holding in aggregate more than 70 percent
interest in the corporation if non-stock, or the stockholders representing more than 70
percent of the capital stock entitled to vote, if a stock corporation, are opposed to the
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continuation of the condominium regime after expropriation or condemnation of a material

portion thereof; or

e) That the conditions for such a dissolution set forth in the declaration of restrictions of
the project in which the corporation, are opposed to the continuation of the condominium
regime after expropriation or condemnation of a material portion thereof.

Effects of Involuntary Dissolution

a) The common areas held by the corporation shall be transferred to the members of the
corporation pro-indiviso and in proportion to their respective interest.

b) The transfer shall be deemed full liquidation of the interest of the members in the
corporation.

Voluntary Dissolution
Condominium corporation may be dissolved by the affirmative vote of all the stockholders
or members thereof at a general or special meeting duly called for such purpose:
Provided, that all the requirements of Section 62 of the Corporation Law are complied
with.

Effects of Voluntary Dissolution

Unless otherwise provided for in the declaration of restrictions:
a) The corporation shall be deemed to hold a power of attorney from all the members or
stockholders to sell and dispose of their separate interests in the project and

b) Liquidation of the corporations shall be affected by a sale of the entire project as if the
corporation owned the whole thereof, subject to the rights of the corporation and of
individual condominium creditors.

How Sale of Common Areas Effected

a) A condominium corporation shall not, during its existence, sell, exchange, lease or
otherwise dispose of the common areas owned or held by it in the condominium project
unless authorized by the affirmative vote of a simple majority of the registered owners:
provided, that prior notification to all registered owners are done and provided further, that
the condominium corporation may expand or integrate the project with another upon the
affirmative vote of a simple majority of the registered owners, subject only to the final
approval of the HLURB.

b) The stockholder or member shall not be entitled to demand payment of his shares or
interest in those cases where such right is granted under the Corporation Law unless the
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consents to sell his separate interest in the project to the corporation or to any purchaser
of the corporation’s choice who shall also buy from the corporation the dissenting member
or stockholder’s interest. In case of disagreement as to price, the procedure set forth in
the appropriate provisions of the Corporation Law for valuation of shares shall be allowed.
The corporation shall have two years within which to pay for the shares or furnish a
purchaser of its choice from the time of award. All expenses incurred in the liquidation of
interest of the dissenting member or stockholder shall be borne by him.

c) Where the enabling or master deed provides that the land included within a
condominium project are to be owned in common by the condominium owners therein the
Register of Deeds may at the request of all the condominium owner and upon surrender
of all their condominium owner’s copies, cancel the certificate of title of the property and
issue a new one in the name of said condominium owners as pro-indiviso co-owners
thereof.

Dues and Assessment

1. The Deed of Restriction usually provides for two kinds of assessment:
◾ a) Regular Assessment – a monthly obligation to fund ordinary project expenses,
such as security, garbage collection, repair and maintenance of common areas,
electricity and water bills on the common areas and realty tax and insurance of the
common areas.
◾ b) Special Assessment – this is imposed as the needs arises, such as need for
the replacement of generator.

Consequences of non-payment of assessment

a. The management body may constitute a lien on the delinquent unit by registering with
Register of Deeds a notice of assessment and delinquency.
Such lien shall be superior to all other liens registered subsequent to the registration of
said notice of assessment except real property tax liens and except that the declaration
of restrictions may provide for the subordination thereof to any other liens and
encumbrances

b. Such liens may be enforced in the same manner provided for by law for the judicial or
extra-judicial foreclosure of mortgage or real property.

c. Unless otherwise provided in the declaration of restrictions, the condominium

corporation may bid at the foreclosure sale

d. The owner affected shall have the same right of redemption as min judicial or
extrajudicial foreclosure of mortgage.
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Obligations of Condominium Unit Owners

◾ 1. Pay the realty tax on his unit
◾ 2. Share the realty tax on the land and common areas.
◾ 3. Pay the insurance on his unit
◾ 4. Share the insurance on the common areas
◾ 5. Comply with the restrictions
◾ 6. Pay dues and assessments
◾ 7. Give other unit owners the priority right to buy his unit (right of first refusal) if so
required by the master deed.

Other condominium concept

Distinction between condominium and traditional concept of ownership

1. Evidence of Ownership – ownership in the traditional concept is evidenced by an

original or transfer certificate of title, while condominium ownership is evidenced by
condominium certificate of title.

2. Capacity to Buy – In the traditional concept of ownership, alien acquisition is not

allowed except in cases of hereditary succession or transfer in favor of former natural
born Filipino citizens. In the condominium concept, alien ownership not to exceed 40% in
the project is legally allowed.

3. Extent of Ownership – The interest in the traditional concept consist of absolute

ownership of the inner and other structures of the building (the entire building). In the
condominium concept, the unit owner is the absolute owner of the space within the interior
surface of his unit, but is only a co-owner of the exterior or façade of the unit.

Advantages of Condominium Concept

◾ 1. Enhances affordability by fractionalizing of land and building
◾ 2. Facilities, utilities, amenities and services will cost less to build and maintain
◾ 3. Economy in land space. Families holding title contiguous lands of say 40 or 50
sq. meters by adequate housing consolidating their lots and constructing a
condominium project.
◾ 4. Enhances marketability because foreigners can buy
◾ 5. Eliminates the routinary chores of daily maintenance, security and garbage
collection associated with single detached dwellings.
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Operative Act to Condomize

An owner or developer may convert a property into a condominium project by executing
a legal document called Master Deed and registering the same with the Register of
Deeds.

General Steps in Condomizing

◾ 1. Preparation of building plans
◾ 2. Execution and registration of master deed
◾ 3. Organization of a non-stock, non-profit condominium corporation
◾ 4. Execution of a deed of conveyance transferring land title to condominium
corporation
◾ 5. Submission of building plans to assessor’s office to obtain individual tax
declarations for the condominium units and common areas
◾ 6. Application for registration and license to sell with HLURB