Ra 4726
Ra 4726
Ra 4726
SECTION 1. The short title of this Act shall be "The Condominium Act".
SECTION 2. A condominium is an interest in real property consisting of
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. A condominium may include,
in addition, a separate interest in other portions of such real property. Title to the
common areas, including the land, or the appurtenant interests in such areas,
may be held by a corporation specially formed for the purpose (hereinafter
known as the "condominium corporation") 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.
The real right in condominium may be ownership or any other interest in
real property recognized by law, on property in the Civil Code and other pertinent
laws.
SECTION 3. As used in this Act, unless the context otherwise requires:
(d) "Common areas" means the entire project excepting all units
separately granted or held or reserved.
(e) "To divide" real property means to divide the ownership thereof
or other interest therein by conveying one or more
condominiums therein but less than the whole thereof.
SECTION 4. The provisions of this Act shall apply to property divided or
to be divided into condominiums only if there shall be recorded in the Register of
Deeds of the province or city in which the property lies and duly annotated in the
corresponding certicate of title of the land, if the latter had been patented or
registered under either the Land Registration or Cadastral Acts, an enabling or
master deed which shall contain, among others, the following:
(a) The boundary of the unit granted are the interior surfaces of the
perimeter walls, oors, ceilings, windows and doors thereof. The
following are not part of the unit bearing walls, columns, oors,
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, ues, chutes, conduits, wires and other utility installations,
wherever located, except the outlets thereof when located within
the unit.
(g) 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 rst oered to the
condominium owners within a reasonable period of time before
the same is offered to outside parties.
(c) That the project has been in existence in excess of fty years,
that it is obsolete and uneconomic, and that condominium
owners holding in aggregate more than fty percent interest in
the common areas are opposed to repair or restoration or
remodelling or modernizing of the project; or
(d) 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
(e) 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.
(8) For entry by its ocers and agents into any unit when
necessary in connection with the maintenance or
construction for which such body is responsible;
(f) For conditions, other than those provided for in Sections eight
and thirteen of this Act, upon which partition of the project and
dissolution of the condominium corporation may be made. Such
right to partition or dissolution may be conditioned upon failure
of the condominium owners to rebuild within a certain period or
upon specied inadequacy of insurance proceeds, or upon
specied percentage of damage to the building, or upon a
decision of an arbitrator, or upon any other reasonable condition.
(c) That the project has been in existence in excess of fty years,
that it is obsolete and uneconomical, and that more than fty
percent of the members of the corporation, if non-stock, or the
stockholders representing more than fty percent of the capital
stock entitled to vote, if a stock corporation, are opposed to the
repair or restoration or remodelling or modernizing of the project;
or
(d) That the project or a 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 seventy percent
interest in the corporation, if non-stock, or the stockholders
representing more than seventy 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
(e) That the conditions for such a dissolution set forth in the
declaration of restrictions of the project in which the corporation
owns of holds the common areas, have been met.
Such lien shall be superior to all other liens registered subsequent to the
registration of said notice of assessment except real property tax liens and except
that the declaration of restrictions may provide for the subordination thereof to
any other liens and encumbrances.
Such liens 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.
SECTION 21. No labor performed or services or materials furnished with
the consent of or at the request of a condominium owner or his agent or his
contractor or subcontractor, shall be the basis of a lien against the condominium
of any other condominium owner, unless such other owners have expressly
consented to or requested the performance of such labor or furnishing of such
materials or services. Such express consent shall be deemed to have been given
by the owner of any condominium in the case of emergency repairs of his
condominium unit. Labor performed or services or materials furnished for the
common areas, if duly authorized by the management body provided for in a
declaration of restrictions governing the property, shall be deemed to be
performed or furnished with the express consent of each condominium owner.
The owner of any condominium may remove his condominium from a lien
against two or more condominiums or any part thereof by payment to the holder
of the lien of the fraction of the total sum secured by such lien which is
attributable to his condominium unit.
SECTION 22. Unless otherwise provided for by the declaration of
restrictions, the management body, provided for herein, may acquire and hold,
for the benet of the condominium owners, tangible and intangible personal
property and may dispose of the same by sale or otherwise; and the benecial
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.
SECTION 23. Where, in an action for partition of a condominium project
or for the dissolution of condominium corporation on the ground that the project
or a material part thereof has been condemned or expropriated, the Court nds
that the conditions provided for in this Act or in the declaration of restrictions
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. Upon receipt of a copy of
the decree, the Register of Deeds shall enter and annotate the same on the
pertinent certificate of title.
SECTION 24. 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.
SECTION 25. 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.aisa dc
SECTION 26. All Acts or parts of Acts in conict or inconsistent with this
Act are hereby amended insofar as condominium and its incidents are concerned.
SECTION 27. This Act shall take effect upon its approval.
Approved: June 18, 1966