March 19, 2018
SEC-OGC OPINION NO. 05-18
RE: MEMBERSHIP IN A CONDOMINIUM CORPORATION
Salvador Llanillo & Bernardo
8th Floor Tower One and Exchange Plaza
Ayala Triangle, Ayala Avenue
Makati
Attention: Mary Rose V. Pascual, Maricon Z. Maralit-Soriano, Iris Katrine M. Exchaure
Dear Mesdames,
This refers to your letter dated 28 November 2017 requesting the Commission to render an opinion on the matter of The Grand Towers Manila Condominium Association, Inc., (CondoCorp.). Specifically, you posited two issues:
1. Whether or not purchasers of private units who have not fully paid the purchase price may be considered members of the CondoCorp.; and
2. Whether or not purchasers of private units who have not fully paid the purchase price may be assessed condominium dues.
In your letter, you disclosed that there appears to be a difference in the definition of "members" in the CondoCorp.'s By-Laws and Master Deed. In the By-Laws, the membership in the corporation is limited exclusively to "the registered owners of the private units in the condominium, who under the provisions of the Master Deed, automatically become members of the corporation." The Master Deed, on the other...
