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CondominiumS &
other real
estate
holdings
e-Global Order Corporation
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LAWSAND ISSUANCESRA 4726 (1966) "The CondominiumAct (An Act To Define Condominium,Establish Requirements For Its Creation, And
Govern Its Incidents)PD 957 (2001) Subdivision andCondominium Buyers ProtectiveDecree
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DEFINITIONOF CONDOMINIUMA condominium is an interest in real
property consisting of separate
interest in a unit in a residential,
industrial or commercial building andan 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 separateinterest in other portions of such real
property. Often called VERTICALSUBDIVISION.3
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RELEVANT TERMSUnit - Means a part of thecondominium project intended for any
type of independent use or
ownership, including one or morerooms or spaces located in one or
more floors (or part or parts of floors)
in a building or buildings and such
accessories as may be appended
thereto.
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Common areas - Means the entireproject excepting all units separately
granted or held or reserved.
Appurtenance - An incidental right,privilege, etc., attached to some
thing and passing with it, as by
conveyance or sale
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APPLICATIONOF RA 4726The provisions of this Act shall apply
to property divided or to be divided
into condominiums only if an enabling
or master deed recorded in theRegister 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 orregistered under either the Land
Registration or Cadastral Acts
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CONVERSIONOF EXISTINGSTRUCTURESTO CONDOMINIUMPROJECTSExisting structures may be converted
into condominium projects upon
proper application therefor with the
Board and compliance with therequirements of condominium laws
and these rules and standards.
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TITLEAND OWNERSHIPTitle to the common area, may be
held by a corporation specially
formed for the purpose in which the
holders of separate interest shallautomatically be members or
shareholders, to the exclusion of
others, in proportion to the
appurtenant interest of their
respective units in the commonareas.
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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 andother pertinent laws.
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CONTENTSOF ENABLINGORMASTER DEEDDescription of the land on which the
building or buildings and
improvements are to be located;
Description of the building/s statingthe number of storeys and
basements, the number of units and
their accessories, if any;
Description of the common areas andfacilities;
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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 inthe 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 unitsare intended or restricted as to use;
A diagrammatic floor plan of the building or
buildings each unit, its relative location and
approximate dimensions;
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AMENDMENTOR REVOCATIONOF MASTERDEED (RA 7899 amending Section 4, RA4726)The enabling or master deed may be
amended or revoked upon
registration of an instrument
executed by a simple majority of theregistered 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
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Prior notifications to all registered
owners are done
Any amendment or revocation
already decided by a simple majorityof all registered owners shall be
submitted to the HLURB 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
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INCIDENTSOFACONDOMINIUMGRANT
Unless otherwise expressly provided
in the enabling or master deed or the
declaration of restrictions, the
incidents of a condominium grant areas follows:
The boundary of the unit granted are the
interior surfaces of the perimeter walls,
floors, ceilings, windows and doors thereof.
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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 andshafts, 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.
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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 theunit 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.
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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 theexclusive 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 theexclusive right to mortgage, pledge orencumber his condominium and to have thesame appraised independently of the other
condominium owner is personal to him.
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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 ownerswithin a reasonable period of time before the
same is offered to outside parties.
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DECLARATIONOF 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 theprojects.
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 Cadastral Acts.20
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TYPEOF MANAGEMENT BODIESThe 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
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OTHER PROVISIONINDECLARATIONOF RESTRICTIONSSuch 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 independent audit of the accounts of
the management body;
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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
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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 anymanagement body;
Provisions for maintenance, utility,
gardening and other services benefiting
the common areas, for the operation of
the building, and legal, accounting andother professional and technical services;
For purchase of materials, supplies and
the like needed by the common areas;
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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 thecommon 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
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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 providedfor in Section 8 and 13 of the
Condominium Act, upon which partition of
the project and dissolution of the
condominium corporation may be made.
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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, orupon a decision of an arbitrator, or upon
any other reasonable condition
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PARTITIONThe common areas shall remain undivided,
and there shall be no judicial partition
thereof.
Where several persons own condominium in
a condominium project, an action may bebrought 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 theirinterests in the common areas
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A partition shall be made onlyupon 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 toits 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 aggregatemore than thirty percent interest in the
common areas are opposed to repair or
restoration of the project; or
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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 areasare opposed to repair or restoration or
remodelling or modernizing of the project;
or
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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 percentinterest 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
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TRANSFERORCONVEYANCE
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 ofseparate units as co-owners thereofno condominium unit therein shall be
conveyed or transferred to persons
other than Filipino citizens or32
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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%)
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CONDOMINIUM CORPORATIONWhenever 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 limited to the
holding of the common areas; either
in ownership or any other interest in
real property recognized by law, tothe management of the project, and
to such other purposes as may be
necessary, incidental or convenient
to the accomplishment of said34
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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 itis a stock or non-stock corporation,
shall not be transferable separately
from the condominium unit of which
it is an appurtenance.35
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INVOLUNTARY DISSOLUTIONOFCONDOMINIUM CORPORATIONIn 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.
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VOLUNTARY DISSOLUTIONOFCONDOMINIUM CORPORATIONUntil 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 fordissolution 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, whichdamage 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; or 39
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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 entitledto 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 modernizing of the project; or40
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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 holds
the common areas, have been met.
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DISPOSITIONOF COMMON AREASRA 7899 amending Section 16, RA 4726A condominium corporation shall not, during
its existence, sell, exchange, lease or
otherwise dispose of the common areas
owned or held by it is in the condominiumproject 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.
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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
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REGISTRATIONOF CONVEYANCEUpon 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 theproject 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.
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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" copyof 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
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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 thecondominium 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.
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FarmlotSubdivision
EnP RODRIGO B. MALLONGA, CE, MBA, LLB, DPA
REALTOR / APPRAISER / CONSULTANT
REBL# XIII-ADN-001 RB REAL# XIII-ADN-001 RA RECL# XIII-ADN-001 RC
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Farmlot SubdivisionA 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
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Vermiculturedepends on production
scale; may need initially 20 sq.m.
Agro-industrial activitieslimited to
backyard scaleRice 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
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Industrial Subdivision
EnP RODRIGO B. MALLONGA, CE,MBA,LLB, DPAREALTOR / APPRAISER / CONSULTANT
REBL# XIII-ADN-001 RB REAL# XIII-ADN-001 RA RECL# XIII-ADN-001 RC
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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
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Definition of Terms
Industrial SubdivisionA tract of land partitioned into plots for sale or leaseto establishments engaged primarily in industrialproduction or services. Degree of development maybe limited to:
Provision of utilities and allocation of areas forindustrial 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 leftto a single controlling body;
3. Screening of industries is done prior todevelopment
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Industrial Plot or Factory Plot or PlotAn allocated lot within the industrial subdivision intendedfor industrial or factory use and where such industry orfactory is located
Plot Buyer/ Lessee
Shall mean any individual, group, or entity who hasexpressed intention of purchasing/leasing a plot(s)through the payment of at least an initial fee (downpayment) and first regular payment/ amortization to theowners in terms and conditions agreed upon by bothparties
A plot buyer or lessee shall be taken to mean oneregardless of the number of plots he has purchased/ leased
Industrial UseShall mean a land use/ land activity that is principallyengaged in industrial production or services
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MEMORIAL PARKS
Photos
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Design Standards andGuidelinesMemorials parks shall conform with
Land use plan or zoning ordinance of thelocality having jurisdiction over the projectsite
Pertinent provisions of the Sanitation Code
Water Code,
National Building Code of the Philippines and itsreferral codes, like the Accessibility Law,Plumbing Code, Electrical Code, etc. and
other applicable laws and rules affecting relatedservices and
Design standards set by HLURB
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Burial Plot SizesGround Interment- Minimum size shall be
1.00 meter by 2.50 meters inside dimensions
Mausoleum - Minimum plot size of 4.00
meters by 5.00 meters.
Provisions for ossuary and cinerarium shall meet the
minimum dimensions for cineraria - which is 300 mm
x 300 mm x 600 mm (National Building Code)
Ossuary - a container or receptacle,
such as an urn or a vault, for holding thebones of the dead
Cinerarium - a place where the
cremated remains of the dead are stored
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COLUMBARIUMNICHES
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COLUMBARIUMNICHES
URNS
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ColumbariumA structure, either freestanding
or part of another building,
containing niches for the
inurnment of cremated human
remains
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Applicable Rules &
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pp cab e u es &
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
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A buyer of a subdivision lot on installment and after sufficientnotice 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
on total payment.
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96
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 metersb. 6 meters
c. 7 meters
d. 8 meters
e. 10 meters
d. 8 meters
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100
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 thecondominium corporation and the unit owners
c. Co-terminus with duration of condominium
project
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101
The area reserved for roads, alleys and openspaces in a subdivision project with an area of
one hectare or more is:
a.20% of gross areab.25% of gross area
c.30% of gross area
d.35% of gross area
e.None of the above
c. 30% of gross area
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102
For a space to be considered a condominium unit, itmust:
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
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105
Amendment to the master deed of acondominium project approved by majority ofregistered owners also need to be approvedby the city engineer and:
a. Local governmentb. Housing and Urban Development
Coordinating Council
c. Housing and Land Use Regulatory Board
d. Land Registration Authority
c. Housing and Land Use Regulatory Board
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106
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
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A subdivision plan needs only the approval ofthe 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
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