26 Questions
What is the majority requirement for amending or revoking the enabling or master deed in a condominium project exclusively for residential or commercial use?
Simple majority of the registered owners on a per unit of ownership basis
What is required before a revocation or amendment of the enabling or master deed can be registered?
Submission to the DHSUD and the city/municipal engineer
What is transferred along with the ownership of a unit or apartment in a condominium project?
Undivided interests in the common areas and membership or shareholdings in the condominium corporation
What is the restriction on conveying or transferring condominium units in a project where the common areas are owned by the owners of separate units as co-owners?
The units can only be transferred to Filipino citizens or corporations at least 60% owned by Filipino citizens
What is the purpose of the prior notification to all registered owners in the amendment or revocation of the enabling or master deed?
To inform them of the changes
What happens to the provisions of the Act until the registration of a revocation?
They continue to apply
What is the exception to the restriction on conveying or transferring condominium units to foreigners?
In cases of hereditary succession
What is the basis of the simple majority in a mixed-use condominium project?
Floor area of ownership
What is the minimum percentage of capital stock required to be owned by Filipinos in a corporation that owns common areas in a condominium project?
60%
What document is issued by the Office of Administration to check the citizenship shareholdings of owners in a condominium unit?
Certificate of Management
What is the boundary of the unit granted in a condominium project?
The interior surfaces of the perimeter walls, floors, ceilings, windows and doors
What is not part of the unit in a condominium project?
Lobbies, stairways, hallways, and other areas of common use
What is the right of a condominium owner to sell or dispose of his condominium unless the master deed contains a requirement?
Right of First Refusal
What is the purpose of the Right of First Refusal mechanism?
To give a specific party the right to be the first allowed to purchase a particular property
What is the effect of the destruction of a unit in a condominium project?
The easement is automatically terminated
What is the effect of the concomitant transfer of the appurtenant stockholding in a corporation that owns common areas in a condominium project?
The alien interest in the corporation increases
What is the purpose of Sec. 7 in the condominium law?
To prohibit judicial partition of the common areas
What is the right of a condominium owner to have the same appraised independently of the other condominiums?
Absolute right
Under what condition can condominium owners bring an action for partition by sale due to damage or destruction?
If three years have passed after damage rendering a material part unfit for use and it hasn't been repaired
What percentage of condominium owners must oppose repair or restoration of a project if more than one-half of the units are untenantable?
30%
When can a condominium project over fifty years old be partitioned?
If it is obsolete, uneconomic, and over 50% of owners oppose repair, restoration, or modernization
Which condition must be met for a condominium project to be partitioned due to expropriation?
70% of owners oppose continuation of the project after a material part is expropriated
What specific time frame and conditions permit partition when damage renders a project unfit?
After three years if a material part remains unfit for its original use
In what scenario does the condominium project’s declaration of restrictions apply to partition by sale?
If the declaration of restrictions is duly registered and all set conditions are met
Is a condominium automatically demolished after 50 years of existence?
No, it is only demolished if certain conditions are met such as being obsolete and uneconomic
When is a partition by sale NOT permitted even after damage or destruction of a condominium project?
If half of the units are untenantable but no opposition to repair exists
Study Notes
Republic Act No. 7899 Amendments
- The enabling or master deed can be amended or revoked upon registration of an instrument executed by a simple majority of the registered owners of the property.
- Prior notifications to all registered owners are required, and the amendment or revocation must be submitted to the Housing and Land Use Regulatory Board and the city/municipal engineer for approval.
Condominium Ownership
- Any transfer or conveyance of a unit or an apartment, office, or store, or other space therein, includes 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.
- If the common areas are owned by the owners of separate units as co-owners, no condominium unit can be conveyed or transferred to persons other than Filipino citizens or corporations at least 60% of the capital stock of which belong to Filipino citizens.
Citizenship Shareholdings
- To check the citizenship shareholdings of owners in a condominium unit, a Certificate of Management issued by the Office of Administration is required.
Boundaries and Incidents of a Condominium Grant
- The boundary of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows, and doors thereof.
- The following are not part of the unit: 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.
Easements and Rights
- 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.
- Each condominium owner has 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 their own unit.
- Each condominium owner has the exclusive right to mortgage, pledge, or encumber their condominium and to have the same appraised independently of the other condominiums.
Partition of Common Areas
- The common areas shall remain undivided, and there shall be no judicial partition thereof, except in certain conditions specified in Section 8.
Conditions for Partition
- A partition can be made only upon a showing of certain conditions, such as:
- The project has not been rebuilt or repaired substantially to its state prior to its damage or destruction within three years after damage or destruction.
- Damage or destruction has rendered one-half or more of the units untenantable and condominium owners holding in aggregate more than thirty percent interest in the common areas are opposed to repair or restoration.
- The project has been in existence in excess of fifty years, it is obsolete and uneconomic, and condominium owners holding in aggregate more than fifty percent interest in the common areas are opposed to repair, restoration, or remodeling.
- The project or a material part thereof has been condemned or expropriated and the project is no longer viable, or 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.
This quiz covers the amendments to Section 4 of Republic Act No. 4726, specifically regarding the process of amending or revoking condominium deeds.
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