September 9, 2019
SEC-OGC OPINION NO. 30-19
RE: ELECTION OF REPRESENTATIVES OF A CORPORATE UNIT-OWNER IN THE BOARD OF TRUSTEES OF A CONDOMINIUM CORPORATION
Angara Abello Concepcion
Regala & Cruz Law Offices
22/F, ACCRALAW Tower
2nd Avenue corner 30th Street
Crescent Park West, Bonifacio Global City
1635 Taguig, Metro Manila
Attention: Atty. Victor P. Lazatin and
Atty. Edson Byron K. Sy
Gentlemen,
This is in relation to your letter dated 08 January 2018 requesting for an opinion on whether a corporate unit-owner having multiple units may appoint representatives based on the number of units owned, and consequently, nominate those representatives as members of the Board of Directors.
You stated that 926 Pasay Road Condominium Corporation (the "926 Pasay Road"), formerly known as the "Jackson Building Corporation," was incorporated in 1981 to manage the condominium project. The project consists of 68 individually titled condominium units owned by various persons, natural and corporate.
In the election of the Board of Directors during the annual members' meeting last 11 December 2017, corporate unit-owners Tagaytay Overlook Terraces, Inc. (TOTI) 1 and Languages Internationale, Inc. (LI) 2 sent their respective representatives and nominated...