CONDOMINIUM NOTES Atty. Domingo

Condominium
Condominium: an interest in real property consisting of a 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
Condominium Corporation: a corporation which holds title to the common areas, including the land, or the appurtenant
interests in such areas 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
Interest in real property: Any transfer or conveyance of a unit or an apartment, office or store or other space therein,
shall include transfer or conveyance of the undivided interest in the common areas, or in a proper case the membership
or shareholdings in the condominium corporation, provided, however, that where the common areas in the
condominium project are 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 corporations at least 60% of the capital of which
belong to Filipino citizens, except in case of hereditary succession.
Documents to consider:
1. Master deed
2. Declaration of restrictions
3. Articles and by-laws of the condominium corporation or association
Rights of condominium owner:

1. Exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the
walls, ceilings, floor, windows and doors bounding his own unit
2. Exclusive right to mortgage, pledge or encumber his condominium and to have the same appraised
independently of other condominiums but any obligation incurred by such condominium owner is personal to
him
3. Absolute right to sell or dispose 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
Obligations of a condominium owner:

1. Pay realty tax of his unit
2. Share realty tax on land and common areas
3. Pay condominium dues and other assessments
4. Share in the insurance of common areas
5. Comply with restrictions of the condominium project
6. Give right of first refusal to the condominium corporation or unit owners in case of sale (if required in the
master deed)
Grounds for partition of common areas (or dissolution of condominium corporation):

1. That 3 years after damage or destruction to the project which renders material part thereof unit for its use prior
thereto, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction
2. That damage or destruction to the project has rendered ½ or more of the units therein untenantable and that
condominium owners holding in aggregate more than 30% interest in the common areas ( or of the members of
the corporation, if non-stock, or the shareholders representing more than 30% of the capital stock entitled to
vote, in case of dissolution of condominium corporation) are opposed to repair or restoration of the project
3. That the project has been existence in excess of 50 years, that is obsolete and uneconomic, and that
condominium owners holding in aggregate more than 50% interest in the common areas (or of the members of
the corporation, if non-stock, or the stockholders representing more than 50% of the capital stock entitled to
vote, if a stock corporation, in case of dissolution of condominium corporation) are opposed to repair or
restoration or remodeling or modernizing of the project
4. 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 70% in the common areas (or of
the members of the corporation, if non-stock, or the stockholders representing more than 70% of the capital
stock entitled to vote, if a stock corporation, in case of dissolution of condominium corporation) are opposed to
continuation of the condominium regime after expropriation or condemnation of a material portion thereof
5. That the conditions for such partition by sale (or dissolution) set forth in the declaration of restrictions, duly
registered in accordance with the term so RA 4726, have been met
6. Voluntary dissolution of condominium corporation: By 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 Title VI
of the Corporation Code are complied with
1
Rules affecting condominium projects:
1. Non-forfeiture of payments: No installment payment made by a buyer in a subdivision or condominium project for
the lot or unit he contracted to buy shall be forfeited in favor of the owner or developer when the buyer, after due
notice to the owner or developer, desists from further payment due to the failure of the owner or developer to
develop the subdivision or condominium project according to the approved plans and within the time limit for
complying with the same. Such buyer may, at his option, be reimbursed the total amount paid including
amortization interests but excluding delinquency interests, with interest thereon at the legal rate. (Section 23, PD
957)
2. Failure to pay installments: The rights of the buyer in the event of this failure to pay the installments due for reasons
other than the failure of the owner or developer to develop the project shall be governed by RA 6552.

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Condominium

Rights of condominium owner:

Obligations of a condominium owner:

Grounds for partition of common areas (or dissolution of condominium corporation):

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