Those Pesky Master Deeds
As Armando Ang wrote in an article and book, Guide to Homeownership, developers do not want buyers and Unit Owners to see the Master Deed and By-Laws of their building. The next hindrance after ignoring their existence is to demand that a request be put in writing.
If you have a Master Deed and/or By-Laws for a Century Properties aka Meridien project, send me a copy, and I will post it online for everyone - http://sohocentralcondominium.blogspot.com/2013/03/master-deeds-comparative-analysis.html
I was told Unit Owners had to request documents for Gramercy. If there are more, let us know.
Gramercy Residences - Deed; Amendment; 2nd Amendment other docs: Rules & Regulations
*Soho Central's had a majority vote needed to amend while this project's deed requires 2/3. I read in the Condominium Act that only a majority is needed. This needs verification and questioning if true.
Always remember, just because something is in the Master Deed or By-Laws does not necessarily mean it is legal. Check the dates of any amendments against the date the sale of units started. Once getting these dates and other information seek advice from the HLURB and Justice Department if you have a serious concern and always consult a lawyer. Spend money on legal advice before the purchase to avoid a major financial problem later.
READ Ang's book! Here is a quote among the 516 pages from page 15-16:
"One of the well-kept secret of the developers is not to show the documents that could turn off prospective buyers until it is too late for them to complain. These documents include the contract to sell, the deed of sale, the master deeds and the deed of restrictions. Many of the provisions are one-sided and served to perpetuate the power of the developer over the buyers for years to come."
We have two sealed copies of the book we will exchange for the purchase price in case you cannot locate the book. It was 700 pesos at National.
Are the Master Deed and By-laws for a condominium corporation submitted to a government office for review and/or filing?
ReplyDeleteName, address, and phone number of the government office?
Does an amended master deed, dated after many Contracts To Sell were signed with condominium uniit owners, override provisions in those Contracts To Sell?
Submission is required with government agencies as it appears in the following when searching but review may only mean certain elements but not necessarily the legality or constitutionality of every clause. This would have to be considered via an opinion request from a government agency or by a court in a legal dispute as far as I know.
ReplyDeleteSearch Master Deed here and see that the Register of Deeds would need such a document: http://hlurb.gov.ph/wp-content/uploads/laws-issuances/mandates/RA_4726.pdf
Search By-Laws here since the SEC would need such a document for a corporation to be established: http://www.sec.gov.ph/gsr/primary/primaryreg.html
As for you last question, given the very specific provisions within a Contract to Sell, I would think that an amended Master Deed would not overrule unless allowed by law to do so. You really have to first write a letter addressing it to HLURB for an opinion. If their opinion is not clear or you believe incorrect, consult with a lawyer for a private evaluation.
I would think this can get more complicated with various matters involving the condominium corporation which would bring in corporate law. So you may also need to address the letter to the SEC for an opinion.
Deliver all letters to the government and hand deliver with a copy you keep after stamped and acknowledged.
I also want to add that we had a clause on voting in our By-Laws which was contrary to the Master Deed and the law. It called for one vote per unit when it should have been votes by area owned. This rule was in By-Laws that I assume were filed though with an illegal voting procedure that was actually used in 2011 at the Annual Meeting.
ReplyDeleteAn unelected Board member was surprised and had not known about this problem even though they were a part of the developer who imposed the By-Laws upon the condominium corporation.
The filing agency did not take note since they seem to only check for several items leaving the details for future action.