This is one of the most common concerns raised by condominium buyers. And it is a very relevant question to ask especially since we are talking about millions of money here.
In the Philippines, there is a law that protects the interest of the unit owners in a condominium project. This is the Republic Act 4726 or The Condominium Act of the Philippines which was mandated on June 18, 1966.
To answer the concern of the condominium owners and the would-be owners, here is an excerpt of the act.
SECTION 8. Where several persons own condominiums in a condominium project, an action may be brought 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 their interests in the common areas: Provided, however, That a partition shall be made only upon a showing:
- That three years after damage or destruction to the project which renders material part thereof unit for its use prior thereto, the project has not been rebuilt or repaired substantially to its state prior to its 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 aggregate more than thirty percent interest in the common areas are opposed to repair or restoration of the project; or
- That the project has been in existence in excess of fifty years, that it is obsolete and uneconomic, and that condominium owners holding in aggregate more than fifty percent interest in the common areas are opposed to repair or restoration or remodeling or modernizing of the project; or
- 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
- 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.
It’s not like you will buy a condominium property and then after 50 years, your investment will be gone, just like that. When a condominium project is fully turned over to the unit owners, it becomes just like a corporation, and you are one of the owners of that corporation if you have a unit there.
So it follows that you will have a “say” in the decision making as to what to do with the whole building, and if it has been decided that the property is going to be sold or demolished so that a new property will be developed on the area, you will get your appropriate share of the proceeds of the sale.
Just like any investment, your condominium property can last, can be profitable and can be passed on to your heir(s).
You can read the full version of this Republic Act below:
Other important things you may want to read about investing in real estate in the Philippines are the following:
- Real Estate Investing: Read These Tips Before Buying Condos in the Philippines
- P.D. 957 – Your Protection Against Real Estate Misrepresentations
- Defaulting Payments – Know Your Rights under Republic Act 6552 (Maceda Law)
Are you are looking to buy a property in the Philippines?
Whether it be it a condominium, house, lot or commercial property, choosing your broker or agent also makes a huge difference! You don’t only need a broker who is licensed and knowledgeable.
You also need your broker to be always there for you when you have concerns about your real estate transaction. And you need him/her to be there even long after your purchase.
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Disclaimer: The information in this post is not meant as legal advice and should not be taken as such. See our full legal disclaimer.
Feature image credit: Steve Snodgrass