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SECTION
6.
The Commercial
Units/Areas
The commercial units/areas of the Project shall pertain to Forty (40) units on the Upper Ground Floor of the buildings/towers
of the Project. The commercial units/areas, commercial unit owners and occupants and
commercial parking slots are not subject to this MASTER DEED. The DECLARANT as the developer of the Project and Owner of the Commercial units/areas and commercial parking slots shall have and reserves the exclusive
right and authority to manage and administer the commercial units/areas and commercial parking slots, including, but not limited to, the right to designate a third party to manage or administer said commercial areas, commercial
units and commercial parking slots and the right to adopt, formulate, implement or impose such restrictions, limitations, rules and regulations regarding the enjoyment, use and occupancy thereof, even after turn-over of the
Project to the Condominium Corporation.
7.
The Condominium
Corporation
The DECLARANT shall form and organize the condominium corporation (the "Corporation")
in consideration of this MASTER DEED, pursuant to the provisions ofthe Condominium Act and the Corporation Code
of the Philippines (B.P. B1~. 68) for the purpose of holding the title to all General and Limited Common Areas, managing the Project and for such other purposes as may be necessary, incidental or convenient to the accomplishment of said purposes.
Prior to the organization of the Corporation, the DECLARANT shall exercise all powers of the Corporation. Unless otherwise provided herein or in the Articles oflncorporation,
By Laws and other pertinent documents, efter the organization and incorporation of the Corporation, all powers of the DECLARANT as herein provided. that reasonably pertains to the Corporation, unless otherwise provided, shall now be exercised by the
Corporation.
.
SECTION
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9.
The right
The right
The right
The right
effective
of the
of the
of the
of the
unless
Corporation to establish reasonable rules and regulations pertaining to the use of the common areas;
Corporation, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the common areas;
Corporation to suspend or restrict the right to use the common areas by an owner, for any period during which any assessment against his unit remains unpaid and delinquent; and
Corporation to transfer all or any part of the common areas to any public agency, authority or utility subject to such conditions as may be agreed upon by the members. No such transfer shall be
approved by 2/3 votes of the members.
Obligations
of Unit Owners.
SEcnON
10.
Extent
of Interest
and Obligations
The unit owner shall acquire title to or ownership of such unit, subject to the terms and conditions of the instrument conveying the unit from the DECLARANT to such unit owner and to the terms and conditions
of any subsequent conveyance under which the unit owner takes title to the unit, and subject further to this MASTER DEED as well as any amendment or supplement thereto. Before others acquire a unit, the
same shall pertain to and be owned exclusively by the DECLARANT subject to the terms of this MASTER DEED as well as any amendment or supplement thereto.
(b)
(c)
(d)
The unit owner who also acquires a parking slot or whose unit has a balcony shall have the use of the parking slot and balcony and his interest in the Project is increased by the value of the percentage allocated
to the parking slot and the balcony.
To arrive at an equitable participation in the Corporation and as basis to determine eontribution.of dues, the units as well as parking slots and balcony are considered in the computation.
From the time the building is used, activated, partially or in whole, and servicing of common areas is already implemented as it is intended, to include janitorial, security, power, water and other related expenses,
(e)
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Percentage of Interest
in the condominium
Corporation/Project
SECTION
of Unit Owners.
(a)
11.
Notice of Lien or Suit.
An owner shall give written notice to the Corporation of every lien upon his unit or rights thereto (other than liens in favor of the Corporation) within five (5) days after knowledge by the unit owner of such lien.
The owner shall give written notice to the Corporation of every suit or other proceedings, which may affect the title to his unit or rights thereto within five (5) days after the owner acquires knowledge thereof.
SECTION
12.
Sale, Mortgage and/or Lease.
Each unit owner shall have the absolute right to sell, transfer, assign, conveyor dispose of his unit, provided, however, that no such sale, transfer, assignment, conveyance or disposition of the unit shall be allowed
without full settlement or u&dating of all obligations due and accounts payable and outstanding to the DECLARANT and/or the Corporation. In all cases the unit owner intending to sell MUST first offer the unit in writing to
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Provided further, that no transfer of any unit shall be binding upon the Corporation unless accompanied by a certificate issued by the Corporation and signed by an authorized officer thereof upon payment of a reasonable processing fees, that such transfer is in accordance with the provisions of the Condominium Act and this MASTER DEED, and that all fees and assessments on the unit subject of the sale have been fully paid.
Any unit owner may mortgage or lease his unit to any person, provided such mortgage or lease shall not free or relieve the owner from compliance with his obligation as such under the Condominium Act, this
MASTER DEED and such amendment or supplement thereto, the Articles oflncorporation
and By-Laws of the Corporation and the documents under which he acquired the unit (the "Constitutive Documents"). The unit owner
is obliged to impose upon the mortgagee or lessee the obligation to be contractually bound by the terms, conditions, and provisions of the Constitutive Documents. In all instances, the mortgagee or lessee shall be deemed privy
to the Constitutive Documents and shall be bound by the terms and conditions thereof notwithstanding
any agreement to the contrary.
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13.
Options in Cases of Involuntary
Dissolution.
The Corporation shall have the option to decide, by a 2/3 vote of the members in a regular or special meeting duly called for the purpose, whether or not to convert their interest or participation into an undivided
in the common areas or to sell and dispose the entire Project as a whole, including their separate interest in the units therein, before dissolution and liquidation of the Corporation in cases provided by law.
SECTION
14.
Other Developments
The DECLARANT or its successor-in-interest,
without need to obtain the consent or approval of the Corporation or the Unit Owners, shall have the option to expand or annex additional parcels ofland or developrnents to the Property and/or Project, introduce, correct or add new structures, provisions and improvements and to interconnect the same to adjacent condominium projects, other projects or structures built by the DECLARANT
or otherwise, or which may be built or put up in the future by the Developer or otherwise, but with the consent of the Developer. This includes the construction of bridgeways, walkways or other structures to interconnect the
buildings and/or Project, as well as any future developments or projects. Pursuant thereto, the DECLARANT shall have the right to utilize any roadway, easement, utilities, drainage and sewage systems, and such other necessary
facilities, in the Project, without any charge or compensation, in the course of its expansion or future development.
As an option of the DECLARANT, the expanded property or the annexed project mayor may not be considered
to be covered by the same Corporation, or by this MASTER DEED AND DECLARATION OF RESTRICTIONS,
or entity handling the Project that may be sold, developed, or alienated separately from the Project.
Share in the association dues and other assessments, charges or expenses as well as the amounts thereof shall be determined by the DECLARANT.
SECTION 15.
PART II
DECLARATION OF RESTRICTIONS
SECTION
16.
Scope and Coverage.
The Declaration of Restrictions herein stated, may, from time to time be amended and shall embody such limitation, easement, covenant, undertaking and condition as may be required or permitted by the Corporation
or the MASTER DEED as herein provided subject to the exceptions which may be expressly set forth in the Condominium Act and in the MASTER DEED as herein stated; provided, said limitations, easements, covenants,
undertakings and conditions shall be deemed to run with the Project.
The Project shall be held, conveyed, encumbered, leased, used, occupied, maintained and improved subject to the exceptions, conditions, limitations, restrictions, and covenants found in this MASTER DEED. The limitations, restrictions, covenants and conditions contained herein shall be effective for the duration of the Project and shall be binding upon all owners, occupants, and other persons holding or acquiring any title, right or interest in
the Project.
Whenever applicable and appropriate, the term "unit" shall refer to the residential condominium unit and/or the residential parking slots. Further, whenever applicable and appropriate. the owners of the residential units
and residential parking slots shal comply with the provisions, terms and conditions, limitations stated in this Master Deed. Commercial unit owners, commercial unit occupants and commercial parking slots are not subject to
this Master Deed. Finally, any reference to the unit owner in this MASTER DEED shall likewise pertain to the buyer of a unit on installment basis.
SECTION
17.
Subdivision,
Partition or Consolidation
of Unit,
No unit owner shall construct or erect any additional door, wall, floor, or any other structure within the unit except to the extent allowed under this MASTER DEED. No exterior addition to, nor any change or altcration of the unit shall be made unless the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to and first approved in writing by the Corporation.
No residential unit shall be subdivided into smaller units nor shall such unit be partttioned either judicially, among the co-owners thereof except by sale of the entire unit and distribution ofthe proceeds thereof. Two
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18.
Limitation on the use of Units and Common Areas.
Subject to the provisions of Sections 4 (Parking Slots), 5 (Common
limitations:
(a)
(b)
(c)
(d)
(e)
(f)
'2cD1
and 6 (Commercial
Units/Areas)
shall be identical
in all
area, arid the common areas shall be occupied and used subject to the
No unit owner shall occuPy or use the unit for any purpose other than that for which it was originally intended. For the residential unit, it shall be used exclusively and solely for residence or dwelling.
The maximum number of occupants per unit in any instance shall not be more than three (3) for a 20 sq. m. unit; five (5) for a 40 sq. m. unit; and eight (8) for a 60 sq. m. unit.
Any business or commercial activity shall be conducted only in the commercial units, commercial areas or in other areas as may be designated by the DECLARANT. No business or commercial activity shall
be conducted in other f0rtions thereof except in the gazebo, which must be operated and maintained solely by the Corporation.
Every unit owner shal be obliged to keep and maintain the unit and its appurtenant area in good and sanitary condition and repair at all times. No noxious substance shall be kept nor immoral, improper, offensive or unlawful activity shall be carried on in the unit, its appurtenant area and common areas, nor shall any irritating or loud noise emanate there from or anything be done therein which may be or become
an annoyance or nuisance to the other unit owners. No clothes or laundry items shall be hung or dried by the doors, windows, corridor, lobby, common areas or in any other place as will expose them to public
view. No rubbish, refuse, or garbage shall be allowed to accumulate nor anything which constitutes a fire hazard be allowed to exist in any part of the Project.
No use or practice shall be permitted in any part of the Project which may be the source of grave annoyance to occupants therein or which may severely interfere with the peaceful possession and proper use of
the units in the Project by the occupants, except when such use or practice is inherent in the very nature ofa particular unit or common area. The DECLARANT may, however, use any part of the Project, except
sold units, in completing the construction of the Project and in marketing any of the unsold units. Thus, DECLARANT shall be authorized to maintain a sales office in the Project, conduct project tours for the
benefit of prospective purchasers, or display marketing signs in the Project.
The unit owner shall not bring, place or suspend any load, apparatus, equipment, article or thing into, upon or at any floor or ceiling or any part of the unit in excess or in violation of the maximum weight and
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