EMILIO AGUINALDO COLLEGE ISO 9001: 2015 CERTIFIED

QUALITY MANAGEMENT SYSTEM

City of Dasmariñas,Cavite

What is a Condominium?
1. an interest in real property consisting of separate interest in a unit in a residential , industrial or commercial
building and an undivided interest in common, directly or indirectly, in the land on which it is located and in other
common areas of the building. A condominium may include , in addition , a separate interest in other portions of
such properties.

2. a building in which each individual unit is held in separate private ownership and all floor space, facilities and outdoor
areas used in common by all tenants are owned , administered and maintained by a corporation created pursuant to
the provisions of the appropriate statute.

3. an individual dwelling unit under individual ownership in a multiple units developments with common elements in
which:
a. the units comprise not only the space enclosed by the unit boundaries but all material parts of the land
within the space;
b. the common element means all the property within the development except the units; and
c. the common element is owned by all of the owners as tenants in common; or

4. a building or group of buildings , in which units are owned individually , and the structure, common areas and
facilities are owned by the owners on a proportional undivided basis.
VIRTUE EXCELLENCE SERVICE
 EMILIO AGUINALDO COLLEGE ISO 9001: 2015 CERTIFIED
QUALITY MANAGEMENT SYSTEM
City of Dasmariñas,Cavite

What is a condominium project ?

- the entire parcel of real property divided or to be divided primarily for residential purposes into
condominium units , including all structures thereon

What is a condominium unit ?

- 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 part of parts of floors in a building or buildings and such
accessories as may be appended thereto.

What are “common areas” ?

- means the entire condominium project excepting all units separately granted or held or reserved.

May the “common areas” be divided or partitioned ?

- as a general rule, the common areas shall remain undivided , and there shall be no judicial
partition thereof.

VIRTUE EXCELLENCE SERVICE

EMILIO AGUINALDO COLLEGE ISO 9001: 2015 CERTIFIED
QUALITY MANAGEMENT SYSTEM
City of Dasmariñas,Cavite

VIRTUE EXCELLENCE SERVICE

 EMILIO AGUINALDO COLLEGE ISO 9001: 2015 CERTIFIED
QUALITY MANAGEMENT SYSTEM
City of Dasmariñas,Cavite

Who holds title to the common areas of a condominium?

Title to the common areas ,including the land, or the appurtenant interests in such areas, may be held by a
corporation specially formed for the purpose in which the holders of separate interests shall automatically be
members or shareholders , to the exclusion of others, in proportion to the appurtenant interests of their
respective units in the common areas.

When may the common areas owned or held by it in the condominium project be sold,
exchanged, or leased or otherwise disposed of ?
A condominium corporation shall not , during its existence, sell , exchange , or 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
(1) That prior notifications to all registered owners are done , and , Provided , further,
(2) That the condominium corporation may expand or integrate the project with another ,
(3) Subject only to the final approval of the HLURB

What effect will the transfer of a condominium unit have on the common areas?
- shall include the transfer or conveyance of the undivided interests in the common areas or, in proper case,
the membership or shareholdings in the condominium corporation.

VIRTUE EXCELLENCE SERVICE

EMILIO AGUINALDO COLLEGE ISO 9001: 2015 CERTIFIED
QUALITY MANAGEMENT SYSTEM
City of Dasmariñas,Cavite

What acts of conveyance or transfer of a condominium unit is prohibited by law

in cases where the common areas in the condominium project are owned by
owners of separate interests as co-owners thereof?
What the law prescribes is the act of conveying or transferring a condominium unit to persons other
than Filipino citizens or to corporations other than those of which at least sixty (60) percent of the capital
stocks belong to Filipino citizens .
Is there an exception to the prohibition?
Yes, when the conveyance or transfer is through hereditary succession.

What acts of conveyance or transfer of a condominium unit is rendered

invalid in cases where the common areas in a condominium project is held by
a corporation ?
The law holds as invalid such concomitant transfer of the appurtenant membership or
stockholding in the corporation as will cause the alien interest in such corporation to exceed the limits
Minimum Maximum
imposed by existing laws. = 60% = 40%

VIRTUE EXCELLENCE SERVICE

EMILIO AGUINALDO COLLEGE ISO 9001: 2015 CERTIFIED
QUALITY MANAGEMENT SYSTEM
City of Dasmariñas,Cavite

What is an enabling or master deed ?

- is the instrument required by law to be recorded in the proper Register of Deeds to give effect to the
division of property into condominiums pursuant to the provisions of Condominium Act or RA 4726.
How may the enabling or master deed be amended or revoked ?
Upon registration of an instrument executed by the registered owners of the property and consented to by
all registered holders of any lien or encumbrance or land or building or portion, thereof. ( Amended by
R.A.7899, as follows) Section 4, last paragraph of R.A.4726
“ the enabling or master deed may be amended or revoked upon registration of an instrument executed by a
simple majority of the registered owners of the property :
(1) Provided , That in a condominium project exclusively for either residential or commercial use.
simple majority shall be on a per unit of ownership basis, and
(2) That in the case of mixed use , simple majority shall be on a floor area of ownership basis “

VIRTUE EXCELLENCE SERVICE

 EMILIO AGUINALDO COLLEGE ISO 9001: 2015 CERTIFIED
QUALITY MANAGEMENT SYSTEM
City of Dasmariñas,Cavite

(2) Provided further , That prior notifications to all registered owners are done; and
(3) 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 or municipal engineer for
approval before it can be registered .
Until registration of a revocation , the provision of the Condominium Act (RA 4726) shall continue to
apply to such property.

What is a “ Declaration of Restrictions ?”

- is a document which the owner of a condominium project is required to register prior to the conveyance
of any condominium therein and
a.) which contains such restrictions as will constitute a lien upon each condominium in the
project , and
b) insure to and bind all condominium owners in the project.
Such liens, unless otherwise provided, may be enforced by
 any condominium owner in the project, or
 the management body of such project

The Declaration of Restrictions shall be entered and annotated in certificate of title covering the land
included within the project, if the land is patented or registered under Cadastral Acts or the
Property Registration Decree ( PD 1529 )
VIRTUE EXCELLENCE SERVICE
 EMILIO AGUINALDO COLLEGE ISO 9001: 2015 CERTIFIED
QUALITY MANAGEMENT SYSTEM
City of Dasmariñas,Cavite

What are the general provisions of a “ Declaration of Restrictions ?”

- Shall provide for the management of the project by any one of the following management bodies:
1. a condominium corporation ;
2. an association of the condominium owners ;
3. a board of governors elected by the condominium owners ; or
4. a management agent elected by the owners or by board named in the declaration.
- Shall also provide for
 Voting majorities
 Quorums
 Notices
 Meeting date , and
 Other rule governing such body or bodies.

Assignment: List down other things that the declaration of restrictions may also provide.

VIRTUE EXCELLENCE SERVICE