Notes on condominium law
In order to have a notice of assessment to be considered a lien on a condominium unit, the same must be registered in the Registry of Deeds. (Cardinal Building Owners Association, Inc, vs. Asset recovery and Management Corporation)
Not having been specifically conferred with power to hear and decide cases which are criminal in nature, as well as to impose penalties therefor, we find that the HLURB has no jurisdiction over criminal actions arising from violations of PD 957. (Dazon vs. Yap, 2010)
As earlier stated, both the law and the Master Deed refer to utility installations as forming part of the common areas, which reference is justified by practical considerations. Repairs to correct any defects in the electrical wiring should be under the control and supervision of respondent to ensure safety and compliance with the Philippine Electrical Code, not to mention security and peace of mind of the unit owners. (Limson vs. Wack-Wack Condominium Corp., 2011)
The case before the RTC involved an intra-corporate dispute—the Moreno spouses were asking for an accounting of the association dues and were questioning the manner the petitioner calculated the dues assessed against them. These issues are alien to the first case that was initiated by Salvacion—a third party to the petitioner-Moreno relationship—to stop the extrajudicial sale on the basis of the lack of the requirements for a valid foreclosure sale. (Chateau de Banie Condominium Corporation vs. Moreno, 2011)
Among the obligations of FDC and FSCC to the unit owners or purchasers of FSB’s units was the duty to provide a centralized air-conditioning unit, lighting, electricity, and water; and to maintain adequate fire exit, elevators, and cleanliness in each floor of the common areas of FSB. But FDC and FSCC failed to repair the centralized air-conditioning unit of the fourth floor of FSB despite repeated demands from Agcaoili. To alleviate the physical discomfort and adverse effects on his work as a practicing attorney brought about by the breakdown of the air-conditioning unit, he installed two window-type air-conditioners at his own expense. Also, FDC and FSCC failed to provide water supply to the comfort room and to clean the corridors. The fire exit and elevator were also defective.
These defects, among other circumstances, rightly compelled Agcaoili to suspend the payment of his monthly amortizations and condominium dues. Instead of addressing his valid complaints, FDC disconnected the electric supply of his Unit 411 and unilaterally increased the interest rate without justification.
Clearly, FDC was liable for damages. Article 1171 of the Civil Code provides that those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof are liable for damages. (Fedman Development Corporation vs. Agcaoili, 2011)
These defects, among other circumstances, rightly compelled Agcaoili to suspend the payment of his monthly amortizations and condominium dues. Instead of addressing his valid complaints, FDC disconnected the electric supply of his Unit 411 and unilaterally increased the interest rate without justification.
Clearly, FDC was liable for damages. Article 1171 of the Civil Code provides that those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof are liable for damages. (Fedman Development Corporation vs. Agcaoili, 2011)
