Understanding condominium ownership
(Last of two parts)
While ownership over common areas shall remain undivided, one or more of the condominium unit owners may file an action for partition only upon showing that unit owners holding in aggregate more than 50 percent interest in the common areas oppose the repair, restoration, remodeling, or remodernizing of the condominium, which has existed for more than 50 years, thus rendering it obsolete and uneconomic.
Judicial partition shall also lie when: (a) unit owners holding in aggregate more than 30 percent interest in the common areas oppose the repair, restoration, remodeling, or remodernizing of the condominium after damage or destruction thereon rendered at least one-half of its units untenantable; (b) the condominium was neither rebuilt nor substantially repaired to its original state within three years after damage or destruction, rendering a material part thereof unfit for its use; (c) unit owners holding in aggregate more than 70 percent interest in the common areas oppose that the condominium be continued after its or its material part’s expropriation or condemnation, rendering the condominium project no longer viable; and (d) the conditions for such partition are stipulated in the duly registered declaration of restrictions.
The declaration of restrictions shall provide for the management of the condominium by the condominium corporation, association of condominium owners, duly elected board of governors, or duly elected management agent. It shall also provide for voting majorities quorums, notices, meeting date, and other rules governing the managing body.
Said declaration may likewise contain provisions relating to: (a) the management body; (b) the independent audit of the accounts of the management body; (c) the manner of and procedure for amending the restrictions therein; (d) reasonable assessments to meet authorized expenditures; (e) subordination of the liens securing such assessments to other liens either generally or specifically described; and (f) conditions upon which partition of the condominium and dissolution of the condominium corporation may be made.
Said declaration, as well as any other deed or plan, shall be liberally construed to facilitate the operation of the condo and its provisions shall be presumed to be independent and severable.
Whenever the common areas in a condominium are held by a condominium corporation, it shall constitute the management body thereof.
The corporate purposes of said corporation shall be limited to the holding of the common areas, either in ownership or any other interest in real property recognized by law, to the management of the condominium, and to such other purposes as may be necessary, incidental, or convenient to the accomplishment of said purposes.
Moreover, the term condominium corporation shall be co-terminus with the duration of the condo, subject to the provisions of the Corporation Code.
Unless authorized by the affirmative vote of all stockholders or members, a condominium corporation shall not, during its existence, sell, exchange, lease, or otherwise dispose of the common areas owned or held by it in the condominium.
An assessment upon any condo made in accordance with the deed of declaration shall constitute a lien upon the condominium, provided the management body causes a notice of assessment to be registered with the proper Register of Deeds. Such lien shall be superior to all other subsequently registered liens, except in the case of real tax property liens and when said declaration may provide for the subordination thereof to any other liens and encumbrances.
Labor performed or services or materials furnished with the consent of or at the request of a unit owner or his agent or contractor shall only be the basis of a lien when the other owners have expressly consented to or requested such services.
Such express consent shall be deemed given by the unit owners, however, in the case of emergency repairs of his unit.
Meanwhile, labor performed or services or materials furnished for the common areas, if duly authorized by the management body, shall be deemed to have been expressly consented by each unit owner.
