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Questions and Answers
What happens to the common areas of a condominium corporation upon its involuntary dissolution?
What happens to the common areas of a condominium corporation upon its involuntary dissolution?
- They are liquidated and distributed to members based on their interests. (correct)
- They are sold to the highest bidder.
- They remain under the corporation's control until voluntary dissolution.
- They are transferred to the corporation's creditors.
Under what condition can a condominium corporation be voluntarily dissolved?
Under what condition can a condominium corporation be voluntarily dissolved?
- When all members vote in favor of dissolution.
- After three years of damage or destruction to the project. (correct)
- If the total value of assets drops below a certain threshold.
- As soon as the project is damaged by natural disaster.
What is the legal status of a condominium corporation if no provision for corporate life is included in its articles of incorporation?
What is the legal status of a condominium corporation if no provision for corporate life is included in its articles of incorporation?
- It must dissolve after a specified time.
- It has a limited lifespan determined by law.
- It shall have a perpetual existence. (correct)
- It cannot exist legally.
Which statement is true regarding the interests of members after a condominium corporation's involuntary dissolution?
Which statement is true regarding the interests of members after a condominium corporation's involuntary dissolution?
What takes precedence in the event of a condominium corporation's dissolution?
What takes precedence in the event of a condominium corporation's dissolution?
What has caused irreparable injury to purchasers of subdivision houses and condominium units?
What has caused irreparable injury to purchasers of subdivision houses and condominium units?
What necessitated the enactment of laws for the protection of homebuyers?
What necessitated the enactment of laws for the protection of homebuyers?
What is the primary purpose of PD 957?
What is the primary purpose of PD 957?
Which organization was granted exclusive jurisdiction to regulate the real estate trade under PD 957?
Which organization was granted exclusive jurisdiction to regulate the real estate trade under PD 957?
When were the Revised Implementing Rules and Regulations for PD 957 approved?
When were the Revised Implementing Rules and Regulations for PD 957 approved?
What must a registered owner submit to initiate the approval process for a subdivision project?
What must a registered owner submit to initiate the approval process for a subdivision project?
Which body is responsible for issuing a License to Sell for a subdivision or condominium project?
Which body is responsible for issuing a License to Sell for a subdivision or condominium project?
What additional requirement does a Condominium Plan have compared to a Subdivision Plan?
What additional requirement does a Condominium Plan have compared to a Subdivision Plan?
Who approves the Subdivision Plan after the local municipality has issued a Development Permit?
Who approves the Subdivision Plan after the local municipality has issued a Development Permit?
What is issued by the DHSUD that certifies the viability of the subdivision or condominium project?
What is issued by the DHSUD that certifies the viability of the subdivision or condominium project?
Which of the following is not a requirement for a project to receive a License to Sell?
Which of the following is not a requirement for a project to receive a License to Sell?
After approval of the Condominium Plan, where must it be submitted for further action?
After approval of the Condominium Plan, where must it be submitted for further action?
In the approval process for a subdivision project, which document is issued after the Subdivision Plan is approved?
In the approval process for a subdivision project, which document is issued after the Subdivision Plan is approved?
What defines a 'condominium' according to Republic Act No. 4726?
What defines a 'condominium' according to Republic Act No. 4726?
Under what condition does the Condominium Act apply?
Under what condition does the Condominium Act apply?
What is defined as the 'enabling or master deed' in the context of the Condominium Act?
What is defined as the 'enabling or master deed' in the context of the Condominium Act?
Which DHSUD Department Order focuses on incentivizing developers in relation to housing development?
Which DHSUD Department Order focuses on incentivizing developers in relation to housing development?
What is the time period covered by the National Human Settlements Board Resolution No. 2023-03?
What is the time period covered by the National Human Settlements Board Resolution No. 2023-03?
What type of properties does the Condominium Act govern?
What type of properties does the Condominium Act govern?
What does DHSUD Circular No. 2024-005 aim to achieve?
What does DHSUD Circular No. 2024-005 aim to achieve?
What is a common requirement for the registration of condominiums?
What is a common requirement for the registration of condominiums?
Under what condition can a buyer claim a full refund of their payments plus interest?
Under what condition can a buyer claim a full refund of their payments plus interest?
Which law grants the right to full refunds under specific conditions?
Which law grants the right to full refunds under specific conditions?
When was the Subdivision and Condominium Buyers' Protective Decree signed into law?
When was the Subdivision and Condominium Buyers' Protective Decree signed into law?
What agency was initially tasked with regulating the real estate trade under PD 957?
What agency was initially tasked with regulating the real estate trade under PD 957?
Which presidential decree is aimed at protecting homebuyers from unscrupulous real estate practices?
Which presidential decree is aimed at protecting homebuyers from unscrupulous real estate practices?
What is one of the responsibilities assigned to the DHSUD following RA 11201?
What is one of the responsibilities assigned to the DHSUD following RA 11201?
What was a primary intention behind the establishment of PD 957?
What was a primary intention behind the establishment of PD 957?
What practices were reported that led to the creation of PD 957?
What practices were reported that led to the creation of PD 957?
What condition allows for the dissolution of a condominium corporation if the project has been damaged?
What condition allows for the dissolution of a condominium corporation if the project has been damaged?
Which scenario would NOT support the dissolution of a condominium corporation?
Which scenario would NOT support the dissolution of a condominium corporation?
Under what circumstance is a condominium corporation deemed to hold a power of attorney from all its members?
Under what circumstance is a condominium corporation deemed to hold a power of attorney from all its members?
What percentage of member opposition is required to avoid the continuation of the condominium regime after expropriation?
What percentage of member opposition is required to avoid the continuation of the condominium regime after expropriation?
What constitutes a project being considered for dissolution when a substantial part is condemned?
What constitutes a project being considered for dissolution when a substantial part is condemned?
What is required for the affirmative vote to voluntarily dissolve a condominium corporation?
What is required for the affirmative vote to voluntarily dissolve a condominium corporation?
Which of the following does NOT support the legal conditions for dissolution of a condominium corporation?
Which of the following does NOT support the legal conditions for dissolution of a condominium corporation?
What is a potential outcome when more than 50% of condominium owners oppose modernization due to obsolescence?
What is a potential outcome when more than 50% of condominium owners oppose modernization due to obsolescence?
Flashcards
Condominium Corporation's Existence
Condominium Corporation's Existence
A condominium corporation can exist indefinitely unless its articles of incorporation specify a limited lifespan.
Involuntary Dissolution of Condominium Corporation
Involuntary Dissolution of Condominium Corporation
If a condominium corporation is dissolved against its will, the common areas are divided among the members or stockholders proportional to their ownership.
Liquidation of Common Areas
Liquidation of Common Areas
The transfer of common areas to members or stockholders upon a condominium corporation's involuntary dissolution is a full liquidation of their ownership.
Condominium Act After Dissolution
Condominium Act After Dissolution
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Voluntary Dissolution of Condominium Corporation
Voluntary Dissolution of Condominium Corporation
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PD 957
PD 957
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HLURB
HLURB
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What is the purpose of PD 957?
What is the purpose of PD 957?
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RIRR for PD 957
RIRR for PD 957
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Who enforces PD 957?
Who enforces PD 957?
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Subdivision Plan (SP)
Subdivision Plan (SP)
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Development Permit (DP)
Development Permit (DP)
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DHSUD
DHSUD
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Condominium Plan (CP)
Condominium Plan (CP)
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Certificate of Registration (CR)
Certificate of Registration (CR)
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License to Sell (LS)
License to Sell (LS)
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Minimum Standards
Minimum Standards
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How does a subdivision project get approved?
How does a subdivision project get approved?
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Condominium Act
Condominium Act
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Condominium
Condominium
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Enabling or Master Deed
Enabling or Master Deed
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What does the Condominium Act cover?
What does the Condominium Act cover?
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DHSUD Department Order No. 2021-004
DHSUD Department Order No. 2021-004
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DHSUD-NEDA Joint Memorandum Circular No. 2023-003
DHSUD-NEDA Joint Memorandum Circular No. 2023-003
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NHSB Resolution No. 2023-03
NHSB Resolution No. 2023-03
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DHSUD Department Circular No. 2024-005
DHSUD Department Circular No. 2024-005
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Full Refund for Incomplete Project
Full Refund for Incomplete Project
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Subdivision and Condominium Buyers' Protective Decree (PD 957)
Subdivision and Condominium Buyers' Protective Decree (PD 957)
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Who regulates the real estate trade?
Who regulates the real estate trade?
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Purpose of PD 957
Purpose of PD 957
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What are some examples of developer obligations?
What are some examples of developer obligations?
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How do unscrupulous businesses harm buyers?
How do unscrupulous businesses harm buyers?
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Who is protected by PD 957?
Who is protected by PD 957?
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What is the result of failing to deliver on promises?
What is the result of failing to deliver on promises?
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What are some reasons for voluntary dissolution of a condominium corporation?
What are some reasons for voluntary dissolution of a condominium corporation?
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Majority opposition to repair
Majority opposition to repair
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Obsoleteness and uneconomical status
Obsoleteness and uneconomical status
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Condemnation or Expropriation
Condemnation or Expropriation
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Dissolution conditions in declaration
Dissolution conditions in declaration
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Dissolution by unanimous vote
Dissolution by unanimous vote
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Power of Attorney during Dissolution
Power of Attorney during Dissolution
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Liquidation through project sale
Liquidation through project sale
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Study Notes
Housing Laws, Rules, and Regulations
- DHSUD Department Order No. 2021-004: Aimed at incentivizing developer compliance with the "Balanced Housing Development Program." Amended Sections 4.4 and 11 of HLURB Resolution No. 965, Series of 2017.
- DHSUD-NEDA Joint Memorandum Circular No. 2023-003: Adjusted the price ceiling for socialized subdivision and condominium projects in 2023.
- National Human Settlements Board (NHSB) Resolution No. 2023-03: Established rent control for the period January 1, 2024 to December 31, 2024.
- DHSUD Department Circular No. 2024-005: Codified housing and real estate development regulations and procedures to streamline and standardize practices. Included requirements for homeowners' associations and community development.
- Republic Act No. 4726 (Condominium Act): Defines "condominium" as an interest in real property consisting of a separate interest in a unit and an undivided common interest in the land and other common areas of a building.
Condominium Act Application
- The Condominium Act only applies if the enabling or master deed is registered with the Registry of Deeds and annotated on the title of the land.
- The enabling or master deed is legally required to divide property into condominiums, in accordance with RA 4726.
Contents of an Enabling or Master Deed
- Description of the land and the buildings located
- Description of the building(s), number of stories, basements, units, and accessories
- The description of the common areas and facilities
- A statement of the interest acquired by each purchaser
Other Provisions
- Amendment or revocation of the enabling deed can be executed by a simple majority of the registered owners, but must be approved by DHSUD and local authorities.
- Any conveyance of a unit in a condominium includes the conveyance of the common areas of the complex.
- Acts of conveyance or transfer in a condominium that are prohibited by law should specify the common areas in the context of the transfer.
- Rights of Condominium Unit Owners: -Absolute ownership of the unit. -Co-ownership of common areas. -Exclusive and non-exclusive easements in the common areas. -Right to participate and vote in HOA meetings -Permission to repaint, etc., the interior of their unit
- Obligations of Condo Unit Owners: -Compliance with use restrictions -Priority rights to buy the unit -Payment of dues -Insurance payment -Sharing of common area and land taxes
- Kinds of assessments and dues condo owners pay.
- Division or partition of the common areas is prohibited, unless certain conditions are met.
- Corporate Purposes of a Condo Corporation: -Hold the common areas. -Manage the project. -Other purposes incidental to the above.
- Rights of Condo Unit owners: -Absolute ownership of their unit. -Co-ownership of common areas. -Exclusive easements.
- Obligations of Condo Owners: -Compliance with use restrictions -Priority rights to buy the unit -Payment of dues -Insurance payment etc
- What is included in the computation of condo fees or payments.
Realty Installment Buyer Act (Maceda Law)
- Republic Act No. 6552: Protects buyers of real estate on installment payments from onerous or oppressive conditions imposed by developers or sellers.
- Applies to purchases of installment payments, including residential condominiums, but excludes properties such as industrial lots, commercial structures or sales to renters.
- Defines rights of buyers with less than 2 years of payments and buyers with over 2 years of payments, in event of default.
- Explains recourse for sellers if buyers fail to meet their payments.
Subdivision and Condominium Buyers' Protective Decree (PD 957)
- Presidential Decree No. 957: Regulates real estate trade and business with focus on protection of homebuyers from deceptive practices by real estate sellers.
- Set standards for and governs real estate trade and businesses.
Division or Partition of the Common Areas in a Condominium
- Common areas usually remain undivided
- A partition is possible, but only in justified circumstances (eg., damage to buildings).
Corporate Purposes of Condominium Corporations
- The purpose is limited to -Holding the common areas. -Managing the project. -Incidental or convenient necessities.
Rights of a Condominium Unit Owner
Declaration of Restrictions
- A "Declaration of Restrictions" outlines guidelines for the management of a condominium project.
Additional Details
- Amendments to the regulations, rules, etc. concerning housing development are given.
- Rules on the payment of condo dues are detailed.
- Guidelines on evictions and demolition of property.
- Procedures for the issuance of licenses and certificates.
- The provisions related to penalties for non-compliance with the regulations and rules are clearly stated.
- Various relevant laws and regulations for housing developments, including details about relevant articles.
- Provisions on various types of housing developments (medium, socialized etc) and the corresponding price ceilings.
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Description
Test your knowledge on the laws and regulations governing condominium corporations. This quiz covers topics such as dissolution, member interests, and the legal framework established for homebuyer protection. Perfect for law students or real estate professionals.