CASE DIGEST: Limson vs. Wack Wack

G.R. No. 188802 : February 14, 2011

REVELINA LIMSON, Petitioner, v. WACK WACK CONDOMINIUM CORPORATION, Respondent.

CARPIO MORALES., J.:

FACTS:

Petitioner purchased from Conchita Benitez an apartment unit (Unit 703) at Wack Wack Apartments. Upon moving in, Revelina noticed defects in the electrical main panel located inside the unit. Racquel Gonzalez, who sits as Member of respondent’s Board of Directors, replied by letter under the Rules, it is the duty of the unit owner to maintain the electrical and plumbing systems at his/her expense.

Respondent wrote Revelina to demand that repairs in line with the above-stated recommendation of the City Building Office be undertaken within ten (10) days.

Before the deadline, respondent’s Board of Directors resolved to impose a daily fine of P1,000.00 on Revelina should the latter fail to comply.

Revelina and her husband refused to undertake the repairs and to pay the fine. They claimed that the electrical main panel forms part of the common areas, citing Section 6 of Republic Act No. 4726.

The RTC dismissed respondent’s complaint. CA reversed the decision of the trial court, holding in the main that for the electrical main panel to be considered as part of the common areas, it should have been intended for communal use and benefit. The subject electrical main panel being located inside the unit and its principal function being to control the flow of electricity into the unit, the appellate court concluded that charges for its repair cannot be for respondent’s account.

ISSUE: Whether or not the CA erred in its decision.

HELD:

Petition is meritorious.

CIVIL LAW: Condominium

Respondent cannot disclaim responsibility for the maintenance of the Apartments’ electrical supply system solely because a component thereof is placed inside a unit.

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.

Petition is GRANTED.

Comments

Popular Posts