RIGHTS OF A CONDOMINIUM UNIT OWNER

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Published — June 1, 2022

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

For more information regarding property registration: Basics of land titles, transactions, and real property registration

• A condominium unit owner has an absolute ownership over his unit

• A condominium unit owner is a co-owner of land and common areas

• The air space above the condominium unit is not a common area

Generally, the rights of a condominium unit owner are provided under Republic Act No. 4726, as amended, otherwise known as “The Condominium Act.” Under the Condominium Act, a condominium unit owner has absolute ownership over his unit.

As an owner of a condominium unit, the owner has a right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows, and doors bounding his own unit. No other person could control the condominium unit owner as to how he or she could design the inner part of his or her unit.

A condominium unit owner has also a right of exclusive easement of his or her unit space. This means that the owner is the only person who could enter and use the unit unless he or she allows the entrance of other persons.

May a condominium unit owner lease his or her unit?

The Condominium Act says:

As a necessary consequence of absolute ownership, the condominium unit owner may sell, mortgage, pledge, or encumber his or her unit. When a person owns a thing, a condominium unit in this case, he or she has a command or power as to how he or she would manage the same. And yes, leasing the condominium unit is an aspect of ownership. Thus, the condominium unit owner may lease his or her unit.

We go now to the other rights of a condominium unit owner. What does the law say about the land and common areas of the condominium?

The Condominium Act says:

A condominium unit owner is a co-owner of the land and common areas of the condominium.

As an incident of co-ownership, he or she has a right of non-exclusive easement to common areas for ingress or egress. What does it mean by “non-exclusive easement to common areas for ingress or egress?”

In simple terms, a co-owner can use the common areas for entrance or exit. Said co-owner cannot forbid another condominium unit owner from using the same. The co-owner cannot build a structure or make any actions that may obstruct the free use of the common areas by other co-owners. The reason is that the common areas are also co-owned by other unit owners.

May a condominium unit owner participate and vote in the condominium corporation? The answer is Yes. 

To sum up, the rights of a condominium unit owner are the following:

1. Right of absolute ownership over his unit
2. Right of exclusive easement of the space of his unit
3. Right to repair, paint, decorate the interior of his unit
4. Right to sell, mortgage, or lease his unit
5. Right of co-ownership of land and common areas
6. Right of non-exclusive easement to common areas for ingress or egress;
7. Right to participate and vote in condominium corporation meetings;

An interesting question, “May a condominium unit owner build a structure on the air space above his unit?”

Jurisprudence says:

The case of Levistae Management System, Inc. vs. Legaspi SPI Towers 200, Inc., G.R. No. 199353, April 4, 2018 provides an answer.

Legaspi Towers (Legaspi) is a condominium building which consists of seven (7) floors. It has a unit on the roof deck and two levels above said unit called Concession 2 and Concession 3.

Concession 3 was originally owned by Leon Antonio Mercado (Mercado) which was later bought by Leviste Management System, Inc. (Lemans). After some time, Lemans decided to build another unit on top of Concession 3 and referred to as Concession 4.

Before the construction of Concession 4, Lemans was able to secure the necessary building permit.

During the construction of Concession 4, Lemans received a notice from Legaspi to stop the construction. According to Legaspi, the construction is illegal.

Lemans refused to stop. Lemans reasoned out that the construction was on top of Concession 3, its unit. Due to this, Legaspi forbade the entry of Lemans’ construction materials to be used in Concession 4.

This prompted Leman to file a Complaint praying among others that a writ of mandatory injunction be issued to allow the completion of the construction of Concession 4. Lemans contended that the construction was in the exercise of its right over the air space on top of its unit. However, the lower court ruled that Lemans is NOT the owner of the air space above its unit.

Lemans elevated the case until it has reached the Supreme Court.

What did the Supreme Court say?

The Supreme Court ruled that the construction of Concession 4 is in violation of the Condominium Act and the By Laws of Legaspi.

The Master Deed of Legaspi states the number of stories and basements, units and accessories.  The Master Deed was never amended to reflect the building of Concession 4. Lemans failed to procure the consent of the registered owners of the condominium project as required under the Condominium Act.

Lastly, the air space or the area above Concession 3 is NOT considered as part of the unit. Thus, logically forms part of the common areas.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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