0% found this document useful (0 votes)
51 views8 pages

Understanding Condominium Ownership Laws

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
51 views8 pages

Understanding Condominium Ownership Laws

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

WHAT IS CONDOMINIUM?

 Republic Act No. 4726 June 18, 1966

AN ACT TO DEFINE CONDOMINIUM, ESTABLISH REQUIREMENTS FOR ITS CREATION, AND GOVERN ITS INCIDENTS.

Definition (According To Section 2 Of Ra No. 4726)


 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 2
 A Condominium is an interest in real property consisting of a separate interests in a unit in a residential,
industrial or commercial building or in an industrial estate and an undivided interests in common, directly and
indirectly, in the land, or the appurtenant interest of their respective units in the common areas.

 The real right in condominium may be ownership or any I+nterest in real property recognized by law on
property in the Civil Code and other pertinent laws.

a) That three years after damage or destruction to the project which renders a material part thereof unfit
for its use prior thereto, the project had not been rebuilt or repaired substantially to its state prior to its
damage or destruction; or

b) That damage or destruction to the project has rendered one half or more of the units therein
untenantable and that condominium owners holding in aggregate more than 30 percent interest in the
common areas are opposed to the repair or restoration of the projects; or
c) That project has been in existence in excess of 50 years, that it is obsolete and uneconomical, and that
condominium owners holding in aggregate more than 50 percent interest in the common areas
are opposed to repair or restoration or remodeling 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 70 percent
interest in the common areas are opposed to the continuation of the condominium regime after
expropriation or condemnation of a material proportion thereof; or

e) That the condition 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.

Section 3
As used in this Act, unless the context otherwise requires:

a) “Condominium” means a condominium as defined in the next preceding section.

b) “Unit” means a part of the condominium project intended for any type of independent use or
ownership, including one or more rooms or spaces located in one or more floors (or parts of floors) in a
building or buildings and such accessories as may be appended thereto: Provided, that in the
case of an industrial estate wherein the condominium project consists of several buildings, plants
and factories may, by themselves, be considered separately as individual units as herein defined.

c) “Project” means the entire parcel of real property divided or to be divided in condominiums, including
all structures thereon.

d) “Industrial Estate or Estate” means a certain tract of land which is subdivided and developed primarily
for industrial purposes and which usually includes provisions for basic infrastructure facilities and
common services such as roads, water, electricity, drainage and waste disposal system.

e) “Common areas” means the entire project except all units separately granted or held or reserved.

f) “To divide” real property means to divide the ownership thereof or other interests therein by conveying
one or more condominium therein but less than the whole thereof.
CONDOMINIUMS--BUILDING STANDARDS

Conformance required.
 Each community apartment project, condominium project, and stock cooperative project, whether new
construction or conversion, shall conform to the building standards set forth in this chapter.

Individual meters and sewer laterals--Master water meter.


 Each unit within a project shall have a separate meter to register the consumption of gas, electricity and water
within such unit so that each unit owner may be billed individually for such consumption. Each horizontal
condominium unit shall have an individual sewer lateral. In any condominium project with eight units or more
per building, the developer may utilize a master water meter. This section shall not be construed to prevent
installation of metering for utilities utilized in the common areas, which billing may be to the association.

Noise insulation.
 Walls, ceilings and floors and between units, vehicle parking areas, common ownership areas shall comply
with all sound transmission standards of the Uniform Building Code adopted for use by the city at the time of
the project application. All common walls must be caulked at the ceiling and floor. No electrical outlets shall
be installed back to back in common walls. In no event shall plumbing be installed within a common wall in a
horizontal dwelling unit. In vertical dwelling units, if plumbing is within a common wall such common wall
shall be double-walled. Prior to construction of any new condominium dwelling units, or conversion of
existing dwelling units, the developer shall submit a report from a licensed acoustical engineer.

Parking.
 Each dwelling unit in any community apartment project, condominium project, and stock cooperative project
shall have two covered parking spaces, one of which shall be a garage. There shall be one guest parking space
provided for each four dwelling units or fraction thereof

Minimum dwelling unit size.


 All projects shall contain the following minimum gross usable floor area, inclusive of walls, stairs within the
unit, clothes closets, and cabinets:
 One bedroom unit: eight hundred seventy-five square feet;
 Two bedroom unit: one thousand seventy-five square feet;
 Three bedroom unit: one thousand two hundred fifty square feet;
 Each additional bedroom over three: one thousand two hundred fifty square feet plus one hundred square feet
each additional bedroom
Outdoor common area.
 In all residential condominiums, community apartment projects, and stock cooperatives, the outdoor common
area, exclusive of all structures, driveways and parking areas, shall contain a minimum land area per unit as
follows:
A. For horizontal condominiums, seven hundred square feet per unit;
B. For vertical condominiums, where structures average two stories or less, four hundred square feet per
unit; where structures average between two and three stories, three hundred square feet per unit; where
structures average three stories or more, two hundred square feet per unit;
C. Each vertical dwelling unit shall be provided with a minimum sixty-square-foot deck. Horizontal
dwelling units shall be provided within a one-hundred-fifty-square-foot minimum deck or private open
space

Storage space.
 In addition to guest, linen, food pantry, and clothes closets customarily provided, each unit within a project
shall have at least one hundred twenty-five cubic feet of enclosed, weatherproofed, and lockable private storage
space. Such space shall be for the sole use of the unit owner and shall have a minimum horizontal surface area
of eighteen square feet, and a minimum interior width dimension of two and seventy-five hundredths feet.

Shock mounting of mechanical equipment.


 All permanent mechanical equipment, such as motors, compressors, pumps and compactors, which is
determined by the building official to be a source of structural vibration or structure-borne noise shall be shock
mounted on inertia blocks or bases and/or vibration isolators in a manner approved by the building official.

Fire protection requirements.


A. Smoke Detectors. Every dwelling unit shall be provided with a smoke detector. Installation shall
comply with the National Fire Protection Association Pamphlet No. 74. The detector shall be mounted on
the ceiling at a point centrally located in the corridor or area giving access to rooms used for sleeping
purposes.

B. Fire Walls. Fire walls shall be installed in accordance with the standards contained in the Uniform
Building Code as adopted by the city at the time of the project application.

C. Sprinkler System. Installation of a sprinkler system, fire alarms and other fire protection devices,
when required, shall be in compliance with the Uniform Fire Code adopted for use at the time of
construction as a project, or at the time of the conversion application.
Insulation.

 Energy conservation insulation shall be installed in all buildings including common ownership structures used
for assembly purposes, in accordance with Title 24 of the California Administrative Code.

Laundry facilities.

 A laundry area shall be provided in each unit. In such cases where the developer can demonstrate that this
standard cannot or should not reasonably be met, this standard may be modified by the planning commission

Vertical Transportation

Elevator

 A lift, also known as an elevator, is a vertical transportation device used to move people and goods between
different floors of a building. Its components include the elevator car, elevator doors, hoist way or shaft,
elevator control system, safety systems, counterweights, guide rails, call buttons, emergency communication
system, lighting, and [Link], a lift may have a control panel, intercom system, door locking
mechanism, buffer system, power supply, maintenance and monitoring systems, accessibility features, speed
governors, car operating panel, and destination control system.

ELEVATOR DETAILS
Escalator

 An escalator is a moving staircase that transports people between different levels of a building. It consists of a
continuous, looped chain of steps that move in an upward or downward direction on tracks, allowing
passengers to stand on them and be carried to a different floor

ESCALATOR DETAILS A

ESCALATOR DETAILS B

The Importance of Elevator and Escalator Installation in Residential Buildings


 The installation of these systems not only enhances convenience but also significantly
improves the quality of life for individuals, particularly those with disabilities, limited
mobility, or elderly residents.
 Let's delve deeper into the importance of elevator and escalator installation in residential
buildings and how they contribute to the overall accessibility and convenience of residents.

The Advantages of Elevators:

Elevators have become an integral part of modern residential buildings due to their numerous
advantages:

 Efficient Vertical Transportation: Elevators enable swift movement between different floors,
saving valuable time for residents and visitors alike.
 Accessibility for All: Elevators provide a vital means of transportation for individuals with
mobility challenges, allowing them to navigate the building with ease.
 Safety and Security: Elevators are equipped with advanced safety features and protocols,
reducing the risk of accidents and providing peace of mind to residents.
 Increased Property Value: Residential buildings equipped with elevators tend to have higher
market value, making them a wise investment for property owners.
 Aging Population: With the world's population aging rapidly, the installation of elevators
becomes indispensable for addressing the needs of older residents and ensuring their comfort
and safety.

The Benefits of Escalators:

Escalators are not only efficient in commercial settings like malls but also prove to be
advantageous when installed in residential buildings. Consider the following benefits:

 Seamless Vertical Movement: Escalators provide a continuous flow of movement,


eliminating the need for individuals to wait for elevators.
 Space Optimization: Escalators are space-efficient and require less floor space compared to
elevators, allowing architects and designers to optimize the building's layout.
 Hands-Free Navigation: Unlike elevators that require manual operation, escalators offer a
hands-free experience, allowing residents to carry belongings or hold onto handrails for
added stability.
 Cost-Effective Solution: Escalators often require less maintenance compared to elevators,
resulting in lower operational costs in the long run.
 Enhanced Aesthetics: The installation of an escalator adds a touch of sophistication and
elegance to residential buildings, enhancing overall aesthetics and appeal.

The Impact on Accessibility:

 Elevator and escalator installation goes beyond mere convenience. It empowers residents by
ensuring accessibility and exclusivity:
 Equal Opportunities: Accessible buildings create equal opportunities for individuals with
physical limitations, allowing them to lead independent lives and participate fully in their
communities.
 Social Integration: Easy access within residential buildings fosters social interaction and
integration among residents, enhancing a sense of community.
 Improved Mental and Physical Health: Elevators and escalators make it easier for residents
to engage in physical activities, preventing sedentary lifestyles and promoting overall health
and well-being.
 Cultural Shift: By prioritizing accessibility, residential buildings contribute to a cultural shift
towards inclusivity and a society that values diversity.

You might also like