Professional Documents
Culture Documents
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DEFINITION OF CONDOMINIUM
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RELEVANT TERMS
Appurtenance - An incidental
right, privilege, etc., attached to
something and passing with it, as
by conveyance or sale
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APPLICATION OF RA 4726
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TITLE AND OWNERSHIP
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The interest in condominium may be
ownership or any other real interest
in real property recognized by the
law of property in the Civil Code
and other pertinent laws.
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CONTENTS OF ENABLING OR
MASTER DEED
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Not part of the unit granted: bearing walls,
columns, floors, roofs, foundations and other
common structural elements of the building;
lobbies, stairways, hallways, and other areas of
common use, elevator equipment and shafts,
central heating, central refrigeration and
central air conditioning equipment, reservoirs,
tanks, pumps and other central services and
facilities, pipes, ducts, flues, chutes, conduits,
wires and other utility installations, wherever
located, except the outlets thereof when located
within the unit. 16
There shall pass with the unit, as an appurtenance
thereof, an exclusive easement for the use of the air
space encompassed 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
unit as to render it untenantable.
Unless otherwise provided, the common areas are
held in common by the holders of units, in equal
shares of one for each unit.
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A non-exclusive easement for ingress, egress and
support through the common areas is appurtenant to
each unit and the common areas are subject to such
easements.
Each condominium owner shall have the exclusive right
to paint, repaint, tile, wax, paper, or otherwise refinish
and decorate the inner surfaces of the walls, ceilings,
floors, windows, and doors bounding his own unit.
Each condominium owner shall have the exclusive
right to mortgage, pledge, or encumber his
condominium and to have the same appraised
independently of the other condominium owner is
personal to him. 18
Each condominium owner has also the
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.
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DECLARATION OF RESTRICTIONS
body;
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 owners fractional
interest in any common areas;
For the subordination of the liens securing
such assessments to other liens either generally
or specifically described;
As to any management body;
For the power thereof, including power to
enforce the provisions of the declarations of
restrictions;
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For maintenance of insurance policies, insuring
condominium owners against loss by fire,
casualty, liability, workmen's compensation and
other insurable risks and for bonding of the
members of any management body;
Provisions for maintenance, utility, gardening
and other services benefiting the common areas,
for the operation of the building, and legal,
accounting and other professional and technical
services;
For purchase of materials, supplies and the
like needed by the common areas;
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For payment of taxes and special assessments
which would be a lien upon the entire project or
common areas, and for discharge of any lien or
encumbrance levied against the entire project or
the common areas;
For reconstruction of any portion or portions of
any damage to or destruction of the project;
The manner for delegation of its powers;
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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;
For conditions, other than those provided for in
Section 8 and 13 of the Condominium Act,
upon which partition of the project and
dissolution of the condominium corporation
may be made.
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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 arbitrator, or upon any other reasonable
condition
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PARTITION
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A partition shall be made only upon
a showing:
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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 seventy percent interest in the
common areas are opposed to continuation of
the condominium regime after expropriation
or condemnation of a material portion thereof;
or
That the conditions for such partition by sale
set forth in the declaration of restrictions,
duly registered in accordance with the terms
of this Act, have been met.
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TRANSFER OR CONVEYANCE
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CONDOMINIUM CORPORATION
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When a member or stockholder ceases to
own a unit in the project in which the
condominium corporation owns or holds
the common areas, he shall automatically
cease to be a member or stockholder of the
condominium corporation.
Term of corporation - co-terminus with the
duration of the condominium project, the
provisions of the Corporation Law to the
contrary notwithstanding.
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INVOLUNTARY DISSOLUTION OF
CONDOMINIUM CORPORATION
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Such transfer or conveyance shall be
deemed to be a full liquidation of the
interest of such members or stockholders in
the corporation.
After such transfer or conveyance, the
provisions of this Act governing
undivided co-ownership of, or undivided
interest in, the common areas in
condominium projects shall fully apply.
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VOLUNTARY DISSOLUTION OF
CONDOMINIUM CORPORATION
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In cases of disagreement as to price, the
procedure set forth in the appropriate
provision of the Corporation Law for
valuation of shares shall be followed.
The corporation shall have 2 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 the interest of the dissenting member
or stockholder shall be borne by him.
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REGISTRATION OF CONVEYANCE
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REAL ESTATE TAXATION
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Upon receipt of a copy of the decree, the Register of
Deeds shall enter and annotate the same on the
pertinent certificate of title.
Any deed, declaration or plan for a condominium project
shall be liberally construed to facilitate the operation of the
project, and its provisions shall be presumed to be
independent and severable.
Whenever real property has been divided into
condominiums, each condominium separately owned
shall be separately assessed, for purposes of real
property taxation and other tax purposes, to the
owners thereof and the tax on each such condominium
shall constitute a lien solely thereon.
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Farmlot
Subdivision
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Laws and Issuances
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Buildable Area – the maximum area
allowed for structures attendant to
agricultural activities
Agricultural Lands – the parcels of land
ranging from 0.20 to 50 or more hectares
exclusively or predominantly used for
agricultural crop cultivation, livestock
production, and agro-forestry without the
intended qualities of the farmlot subdivision
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Allowable Uses & Area
Requirements
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Aqua-culture (tilapia, carp, eel, etc.) –
NO LIMITATION
Livelihood – limited to backyard scale
Milking cow – maximum of 5 cows; 12 sq.m.
for 4 – 5 cows
Cattle fattening – maximum of 5 cows; 8 sq.m.
per cow
Goat raising – maximum of 10 goats; 6 sq.m. per
goat (for shelter or quarters only)
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Vermiculture – depends on production
scale; may need initially 20 sq.m.
Agro-industrial activities – limited to
backyard scale
Rice mill – maximum of 300 sq.m. & not less
than 1,000 meters away from another mill Food
processing/preservation – shall be
within the buildable area
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Cottage industries – limited to backyard
scale
Handicrafts – shall be within the buildable area
Ceramics – shall be within the buildable area
Others, or a combination of the above
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Industrial Subdivision
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Laws & Issuances
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Definition of Terms
Industrial Subdivision
A tract of land partitioned into plots for sale or lease to
establishments engaged primarily in industrial
production or services. Degree of development may be
limited to:
• Provision of utilities and allocation of areas for
industrial buildings, facilities & amenities, or
• Provision of the buildings, facilities & amenities
Industrial Estate (Park)
A form of an industrial subdivision characterized by:
1. Development according a comprehensive plan;
2. Continuing management of the entire area is left
to a single controlling body;
3. Screening of industries is done prior to
development
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Industrial Plot or Factory Plot or Plot
An allocated lot within the industrial subdivision intended for
industrial or factory use and where such industry or factory is
located
Plot Buyer/ Lessee
Shall mean any individual, group, or entity who has
expressed intention of purchasing/leasing a plot(s) through
the payment of at least an initial fee (down payment) and
first regular payment/ amortization to the owners in terms
and conditions agreed upon by both parties
• A plot buyer or lessee shall be taken to mean one
regardless of the number of plots he has purchased/ leased
Industrial Use
Shall mean a land use/ land activity that is principally
engaged in industrial production or services
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Memorial Parks
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Photos
MEMORIAL PARKS
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Memorial Park
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Design Standards and
Guidelines
Memorials parks shall conform with
Land use plan or zoning ordinance of the
locality having jurisdiction over the project
site
Pertinent provisions of the
• Sanitation Code
• Water Code,
• National Building Code of the Philippines and its
referral codes, like the Accessibility Law, Plumbing
Code, Electrical Code, etc. and
• other applicable laws and rules affecting related
services and
Design standards set by HLURB
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DHSUD Design Standards
Site Criteria
Memorial parks shall be located on the
periphery of the town center or in areas
sparsely inhabited and where little hazard to
human life or health could result.
Undue proliferation of memorial parks/
cemeteries in any municipality/city shall not
be allowed.
The number of cemeteries/ memorial parks to
be allowed within each municipality/city shall
be based on the needs or death rate in the
municipality and future catchment areas as
well.
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Burial Plot Sizes
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COLUMBARIUM URNS
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Columbarium
A structure, either freestanding
or part of another building,
containing niches for the
inurnment of cremated human
remains
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Related Terms
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Applicable Rules &
Regulations
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MULTIPLE CHOICE
QUESTIONS
Subdivision Development
Condominiums & Other Real
Estate Holdings
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A buyer of a subdivision lot on installment and after sufficient
notice to the developer discontinued paying amortization because
the developer failed to develop the subdivision as certified by the
HLURB in such a situation and under P.D. 957, the buyer is entitled
to a refund which would be:
b. Twelve months
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Registration of a mortgage covering a subdivision project of
completion of development of a subdivision project, counted
from issuance of license to sell is:
a. Local Government Unit
b. Housing and Urban Development Coordinating
Council
c. Home Insurance Guarantee Corporation
d. Housing and Land Use Regulatory Board
e. National Housing Authority
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In the absence of any provision in the master deed of a
condominium project, the interest of the unit owners in the
common areas shall be:
a. Proportionate c. Based on Value
b. Equal d. Decided by the condominium
corporation
b. Equal
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A developer is required under R.A. 7279 to develop an
equivalent 20 % of his main project for socialized housing
when his raw land will develop as:
a. Residential condominium project
b. Commercial condominium project
c. Mixed use condominium project
d. None of the above
a. R.A. 7279
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Condominium Act:
a. R.A. 4727
b. R.A. 2774
c. R.A. 4276
d. R.A. 4726
e. None of the above
d. R.A. 4726
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Document to be checked before buying a
subdivision lot:
a. Development permit
b. License to sell
c. map
d. Bureau of land approval
e. None of the above
b. License to sell
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Sometimes referred to as vertical
subdivision:
a. Row Houses
b. Town Houses
c. Mansion
d. Condominium
e. None of the above
d. Condominium
Subdivision and Condominium buyers
Protective Decree:
a. P.D. 1216
b. B.P. 220
c. P.D. 957
d. P.D. 1981
e. None of the above
c. P.D. 957
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Which of the following cannot be issued
condominium certificates of titles?
d. Subdivision Lots
Title to condominium units is vested in:
a.Corporation owning the building
b.Association of the Building
c. Owner of condominium unit
d.Lot owner of the condominium project
e.All of the above.
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The required number of votes of registered owners to
authorize a condominium corporation to sell or
otherwise dispose of the common areas in a
condominium project is:
a. Two- thirds
b. Three-fourths
c. Unanimous
d. Simple majority
e. None of the above
d. Simple majority
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As provided by R.A. 7279, a developer of a
subdivision project is required to develop an
equivalent 20 % of the project for:
a. Economic housing
b. Commercial area
c. Open Space
d. Socialized housing
e. none of the above
d. Socialized housing
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Jurisdiction for adjudication of buyers’ complaints
against subdivision developers is with the:
a. Bureau of Trade Regulation and Consumer
Protection
b. Housing and Urban Development Coordinating
Council
c. National Housing Authority
d. Housing and Land Use Regulatory Board
e. Regular courts
d. Housing and Land Use Regulatory Board
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The minimum carriage way of major roads of
socialized housing project under the
implementing rules and regulations of BP 220
and PD 957 is:
a. 5 meters
b. 6 meters
c. 7 meters
d. 8 meters
e. 10 meters
d. 8 meters
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The performance bond for a subdivision project may be
in the form of a surety bond equivalent to:
a. 10% of development cost
b. 20% of development cost
c. 30% of development cost
d. 40% of development cost
e. None of the above
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The amendment to the Master Deed of a
condominium project decided by majority of
registered owners must be approved by the
HLURB and:
a. City or municipal mayor
b. City or municipal council
c. City or municipal assessor
d. City or municipal building official
e. City or municipal engineer
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The areas reserved for parks, playgrounds and
recreational areas of a subdivision project are:
a. Exclusively owned by the owner-
developer
b. Co-owned by the developer and lot
buyer
c. Non-alienable public lands
d. None of the above
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The term of a condominium corporation is:
a. Fifty years
b. Twenty-five years
c. Co-terminus with duration of condominium
project
d. Subject to agreement between the condominium
corporation and the unit owners
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The area reserved for roads, alleys and open
spaces in a subdivision project with an area of one
hectare or more is:
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For a space to be considered a condominium unit, it
must:
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The articles of incorporation of homeowners
association is registered with:
a. Securities and Exchange Commission
b. Housing and Land Use Regulatory Board
c. Home Guaranty Corporation
d. Bureau of Trade Regulation and Consumer
Protection
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Amendment to the master deed of a
condominium project approved by majority of
registered owners also need to be approved by
the city engineer and:
a. Local government
b. Housing and Urban Development
Coordinating Council
c. Housing and Land Use Regulatory
Board
d. Land Registration Authority
a.15 days
b.30 days
c. 45 days
d.60 days
b. 30 days
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A subdivision plan needs only the approval of the
Land Registration or Land Management Bureau
to effect segregation of titles when the resulting
number of lot is