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CONDOMINIUMS

& OTHER REAL


ESTATE
HOLDINGS
LAWS AND ISSUANCES

RA 4726 (1966) "The Condominium


Act“ (An Act To Define Condominium,
Establish Requirements For Its Creation,
And Govern Its Incidents)

PD 957 (2001) “Subdivision and


Condominium Buyers Protective
Decree”

2
DEFINITION OF CONDOMINIUM

A condominium is an interest in real


property consisting of a separate interest in a
residential, industrial, or commercial
building unit 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. It may include, in
addition, a separate interest in other
portions of such real property.

Often called VERTICAL SUBDIVISION.

3
RELEVANT TERMS

Unit - Means 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 building and such
accessories as may be appended
thereto.
4
Common areas - Means the entire
project excepting all units separately
granted, held, or reserved.

Appurtenance - An incidental
right, privilege, etc., attached to
something and passing with it, as
by conveyance or sale

5
6
APPLICATION OF RA 4726

The provisions of this Act shall apply to


property divided or to be divided into
condominiums only if an enabling or master
deed 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 latter had been patented or registered
under either the Land Registration or
Cadastral Acts
7
CONVERSION OF EXISTING
STRUCTURES TO CONDOMINIUM
PROJECTS

Existing structures may be converted


into condominium projects upon
proper application therefore with the
Board and compliance with the
requirements of condominium laws
and these rules and standards.

8
TITLE AND OWNERSHIP

Title to the common area, may be held


by a corporation specially formed for
the purpose in which the holders of
separate interest shall automatically be
members or shareholders, to the
exclusion of others, in proportion to the
appurtenant interest of their respective
units in the common areas.

9
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.

10
CONTENTS OF ENABLING OR
MASTER DEED

Description of the land on which the


building or buildings and
improvements are to be located;
Description of the building/s stating
the number of storeys and
basements, the number of units and
their accessories, if any;
Description of the common areas and
facilities;
11
A statement of the exact nature of the
interest acquired or to be acquired by the
purchaser in the separate units and in the
common areas of the condominium project.
Where title to or the appurtenant interest
in the common areas is to be held by a
condominium corporation, a statement to
this effect shall be included;
Statement of the purposes for which the
building or buildings and each of the units
are intended or restricted as to use;
A diagrammatic floor plan of the building or
buildings each unit, its relative location
and approximate dimensions;
12
AMENDMENT OR REVOCATION OF
MASTER DEED(RA 7899 amending Section 4,
RA 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:
Condominium project exclusively for either
residential or commercial use - simple
majority shall be on a per unit of
ownership basis
Mixed use - simple majority shall be on a
floor area of ownership basis
13
Prior notifications to all registered
owners are done
Any amendment or revocation already
decided by a simple majority of all
registered owners shall be submitted to the
DHSUD 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”
14
INCIDENTS OF A CONDOMINIUM GRANT

Unless otherwise expressly provided in the


enabling or master deed or the declaration
of restrictions, the incidents of a
condominium grant are as follows:

The boundary of the unit granted are the


interior surfaces of the perimeter walls,
floors, ceilings, windows, and doors
thereof.

15
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.
17
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.

19
DECLARATION OF RESTRICTIONS

The owner of a project shall, prior to the conveyance of


any condominium therein, register a declaration of
restrictions relating to such project, which restrictions shall
constitute a lien upon each condominium in the project,
and shall insure to and bind all condominium owners in
the projects.

Such liens, unless otherwise provided, 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
covering the land included within the project if the land is
patented or registered under the Land Registration or
20
Cadastral Acts.
TYPE OF MANAGEMENT BODIES

The declaration of restrictions shall provide for the


management of the project by anyone of the following
management bodies:
condominium corporation
association of the condominium owners
board of governors elected by condominium
owners, or
management agent elected by the owners or by the
board named in the declaration.

It shall also provide for voting majorities quorums,


notices, meeting date, and other rules governing
such body or bodies. 21
OTHER PROVISION IN
DECLARATION OF RESTRICTIONS

Such declaration of restrictions,


among other things, may also
provide:
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.
For an independent audit of the
accounts of the management 22

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;
23
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;
24
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;

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;

25
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.
26
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

27
PARTITION

The common areas shall remain undivided,


and there shall be no judicial partition
thereof.
Where several persons own condominiums in
a condominium project, an action may be
brought by one or more such persons for
partition thereof by sale of the entire project,
as if the owners of all of the condominiums in
such project were co-owners of the entire
project in the same proportion as their
interests in the common areas

28
A partition shall be made only upon
a showing:

That 3 years after damage or destruction to


the project which renders a material 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

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 thirty percent
interest in the common areas are opposed to
repair or restoration of the project; or
29
That the project has been in existence in
excess of 50 years, that it is obsolete and
uneconomic, and that condominium
owners holding in aggregate more than
fifty percent interest in the common areas
are opposed to repair or restoration or
remodelling or modernizing of the
project; or

30
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.
31
TRANSFER OR CONVEYANCE

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 interests in the
common areas or, in a proper case, the
membership or shareholdings in the
condominium corporation:
Common areas held by the owners of
separate units as co-owners thereof – no
condominium unit therein shall be conveyed
or transferred to persons other than Filipino
citizens or corporation at least 60% of the
project 32
Common areas held by a corporation - no
transfer or conveyance of a unit shall be valid
if transfer of membership or stockholding will
cause the alien interest to exceed the limits
imposed by existing laws. (40%)

33
CONDOMINIUM CORPORATION

Whenever the common areas in a


condominium project are held by a
condominium corporation, such
corporation shall constitute the
management body of the project.
Corporate purposes are limited to the
holding of the common areas; either in
ownership or any other interest in real
property recognized by law, to the
management of the project, and to such
other purposes as may be necessary,
incidental or convenient to the
accomplishment of said purposes. 34
The articles of incorporation or by- laws of the
corporation shall not contain any provision
contrary to or inconsistent with the provisions
of this Act, the enabling or master deed, or
the declaration of restrictions of the project.
Membership in a condominium corporation,
regardless of whether it is a stock or non-
stock corporation, shall not be transferable
separately from the condominium unit of
which it is an appurtenance.

35
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.

36
INVOLUNTARY DISSOLUTION OF
CONDOMINIUM CORPORATION

In case of involuntary dissolution of a


condominium corporation for any of the
causes provided by law, the common areas
owned or held by the corporation shall, by
way of liquidation, be transferred pro-
indiviso and in proportion to their interest
in the corporation to the members or
stockholders thereof, subject to the superior
rights of the corporation creditors.

37
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.

38
VOLUNTARY DISSOLUTION OF
CONDOMINIUM CORPORATION

Until the enabling or the master deed of the project in


which the condominium corporation owns or holds
the common area is revoked, the corporation shall not
be voluntarily dissolved through an action for
dissolution under Rule 104 of the Rules of Court
except upon a showing:

That 3 years after damage or destruction to the


project in which the corporation owns or holds
the common areas, which damage or destruction
renders a material 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 39
That 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 members of the
corporation, if non- stock, or the shareholders
representing more than 30% percent of the capital stock
entitled to vote, if a stock corporation, are opposed to
the repair or reconstruction of the project, or

That the project has been in existence in 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 the 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 40

modernizing of the project; or


That the 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%
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
continuation of the condominium regime after
expropriation or condemnation of a material
portion thereof; or
That the conditions for such a dissolution set
forth in the declaration of restrictions of the
project in which the corporation owns or holds41
the common areas, have been met.
The condominium corporation may also be dissolved by the
affirmative vote of all the stockholders or members thereof
at a general or special meeting duly called for the purpose:
Provided, That all the requirements of Section 62 of the
Corporation Law are complied with.
Unless otherwise provided for in the declaration of
restrictions upon voluntary dissolution of a condominium
corporation in accordance with the provisions of Sections 13
and 14 of this Act, 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
liquidation of the corporation shall be effected by a sale of
the entire project as if the corporation owned the whole
thereof, subject to the rights of the corporate and of
individual condominium creditors.
42
DISPOSITION OF COMMON AREAS

RA 7899 amending Section 16, RA 4726


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
registered owners; Provided, that prior
notification to all registered owners be done;
Provided further, that the condominium
corporation may expand or integrate the project
with another upon the affirmative vote of a simple
majority of registered owners, subject only to the
approval of the HLURB.
43
LIQUIDATION OF MEMBER’S
INTEREST

Any provisions of the Corporation Law to the


contrary notwithstanding, the by-laws of a
condominium corporation shall provide that a
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 he 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.

44
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.
45
REGISTRATION OF CONVEYANCE

Upon registration of an instrument


conveying a condominium, the Register of
Deeds 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 owner's" copy of the
pertinent portion of such certificate of title.
Said "condominium owner's" copy need
not reproduce the ownership status or
other condominiums in the project. 46
A copy of the description of the land, a brief
description of the condominium conveyed, name
and personal circumstances of the condominium
owner would be sufficient for purposes of the
"condominium owner's" copy of the certificate of
title.
No conveyance of condominiums 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.
47
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 owners and upon
surrender of all their condominium owner's
copies, cancel the certificates of title of the
property and issue a new one in the name of said
condominium owners as pro-indiviso co-owners
thereof.

48
REAL ESTATE TAXATION

Each condominium separately owned


shall be separately assessed to the
owners thereof and tax or each such
condominium shall constitute a lien
solely thereon.
FORECLOSURE

Assessments may be enforced in the same


manner provided for by law for the judicial
or extra-judicial foreclosure of mortgages of
real property.
Unless otherwise provided for in the
declaration of restrictions, the management
body shall have power to bid at
foreclosure sale.
The condominium owner shall have the
same right of redemption as in cases of
judicial or extra-judicial foreclosure of
mortgages. 50
ACQUISITION OF PERSONAL
PROPERTY

Unless otherwise provided for by the declaration


of restrictions, the management body, provided
for herein, may acquire and hold, for the benefit
of the condominium owners, tangible personal
property and may dispose of the same by sale or
otherwise;
The beneficial interest in such personal property
shall be owned by the condominium owners in
the same proportion as their respective interests
in the common areas.
A transfer of a condominium shall transfer to the
transferee ownership of the transferor's beneficial
interest in such personal property.
51
REORGANIZATION OF THE
PROJECT

Where, in an action for partition of a condominium


corporation on the ground that the project or a
material part thereof has been condemned or
expropriated, the court finds that the conditions
provided in this Act or in the declaration have not
been met, the Court may decree a reorganization of
the project declaring which portion or portions of the
project shall continue as a condominium project, the
owners thereof, and the respective rights of said
remaining owners and the just compensation, if any,
that a condominium owner may be entitled to due to
deprivation of his property.

52
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.

53
Farmlot
Subdivision

54
Laws and Issuances

PD 815 (1975) - Prescribing Penalties For The


Unlawful Ejectment, Exclusion, Removal, Or
Ouster Of Tenant-farmers From Their
Farmholdings

EO 648 – Reorganizing the Human


Settlements Regulatory Commission

HLURB Board Resolution No. 750 s. 2003 –


Liberalizing the Requirements for the Issuance
of Certificate of Registration and License to
Sell for Farmlot Subdivisions 55
Farmlot Subdivision

A planned community intended primarily


for intensive agricultural activities and
secondarily for housing
Planned community - consists of
provision of basic utilities, judicious
allocation of areas, good layout based on
sound planning principles

56
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

57
Allowable Uses & Area
Requirements

Crop farming (tree crops, mixed


orchard, diversified crops) – NO
LIMITATION
Poultry farms – limited to backyard
scale (maximum 500 birds per lot or
0.19 sq.m. per bird)
Swine - limited to backyard scale
(maximum 10 sows per lot or 3.00
sq.m. per hog)

58
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)

59
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

60
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

61
Industrial Subdivision

62
Laws & Issuances

EO 648 (Reorganizing the Human


Settlements Regulatory Commission)
Rules & Regulations on Industrial
Subdivisions HLURB Resolution
R-498 (1992) Amending Rules &
Regulations on Industrial Subdivisions

63
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
64
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

65
66
Memorial Parks

67
Photos

MEMORIAL PARKS
68
Memorial Park

A privately-owned cemetery with well kept


landscaped lawns and wide roadways and
footpaths separating the areas assigned for
ground interments, tombs, mausoleums
and columbaria; with or without a
mortuary chapel; and provided with a
systematic supervision and maintenance
and where park-like atmosphere is its
outstanding quality.

69
70
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
71
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.

72
Burial Plot Sizes

Ground Interment- Minimum size shall be


1.00 meter by 2.50 me ters inside dimensions
Mausoleum - Minimum plot size of 4.00
meters by 5.00 meter s.
Provisions for ossuary a nd cinerarium shall meet the
minimum dimensions f or x cineraria - which is 300 mm
300 mm x 600 mm (N ational Building Code)

Ossuary - a container or receptacle, such


as an urn or a vault, for holding the bones
of the dead
Cinerarium - a place where the cremated
remains of the dead are stored
73
74
COLUMBARIUMS

75
COLUMBARIUM URNS

76
Columbarium
A structure, either freestanding
or part of another building,
containing niches for the
inurnment of cremated human
remains

77
Related Terms

Cinerary Remains/Cremains - shall mean the ashes


resulting from cremation of a dead body.
Cremation - shall mean a process that reduces human
remains to bone fragments of sand-like substance and ashes
through combustion and dehydration.
Interment - shall mean the disposition of human remains by
burial in the earth, entombment in a mausoleum or inurnment
in a columbarium.
Inurnment - shall mean placing of cremated remains in an
urn,
Niche - shall mean a compartment used as interment
space. Also referred to as cinerarium or vaults in
columbarium projects.
Ossuary - shall mean the interment space for the bones.

78
Applicable Rules &
Regulations

Article IV, Section 5 (a), (c) and (r) of


Executive Order 648
Section 9.2A.2.3 of the Rules and Regulations for
Memorial Parks and Cemeteries (HLURB
HLURB Resolution No. 681, Series of 2000)
HLURB HLURB Resolution No. 797, Series of
2007

79
MULTIPLE CHOICE
QUESTIONS
Subdivision Development
Condominiums & Other Real
Estate Holdings

80
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:

a. Total payment made less penalty charges.


b. Total payments made less penalty and interest charges.
c. Total payments made less penalty charges plus interest on total
payment.
d. Total payments including penalty charges
e. None of the above.

c. Total payments made less penalty charges plus interest


81
on total payment.
Unless extended for justifiable cause, the period of
completion of development of a subdivision project,
counted from issuance of license to sell, is:

a. Six months d. Eighteen months


b. Twelve months e. Twenty four months
c. None of the above

b. Twelve months

82
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

d. Housing and Land Use Regulatory Board

83
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

84
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

d. None of the above (when land will be developed


as subdivision project)
Urban Development Housing Act:
a. R.A. 7279
b. R.A. 7927
c. R.A. 9279
d. R.A. 7972
e. None of the above

a. R.A. 7279

86
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

87
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

88
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

90
Which of the following cannot be issued
condominium certificates of titles?

a. One-level row houses


b. Industrial Warehouses
c. Two- level row houses
d. Subdivision Lots
e. None of the above

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.

c. Owner of condominium unit

92
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
93
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

94
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

95
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

96
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

b. 20% of development cost

97
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

e. City or municipal engineer

98
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

a. Non-alienable public lands

99
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

c. Co-terminus with duration of


condominium project

100
The area reserved for roads, alleys and open
spaces in a subdivision project with an area of one
hectare or more is:

a.20% of gross area


b.25% of gross area
c. 30% of gross area
d.35% of gross area
e.None of the above

c. 30% of gross area

101
For a space to be considered a condominium unit, it
must:

a. be encompassed by interior surface of walls,


floors and ceilings
b. be managed by a condominium corporation
c. be susceptible of independent use and
ownership
d. be unencumbered by any restriction

c. be susceptible of independent use


and ownership

102
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

b. Housing and Land Use Regulatory


Board
103
In mixed use condominium project, the master
deed may be amended by simple majority of unit
owners. Majority is based on:
a. Number of condominium units
b. Floor area of ownership
c. Total area of condominium units
d. Any of the above

b. Floor area of ownership

104
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

c. Housing and Land Use


Regulatory Board 105
Under DILG Memorandum Order No. 15-
2002, the time frame for processing and
action on applications for approval of
subdivision plan is:

a.15 days
b.30 days
c. 45 days
d.60 days

b. 30 days
106
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

a.Nine (9) or less


b.Ten (10) or less
c.Twelve (12) or less
d.Fifteen (15) or less

a. Nine (9) or less


***End***

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