Understanding the Different Kinds of Real Estate Mortgage in the Philippines

Real estate is one of the most valuable investments a person can own. In the Philippines, many individuals and businesses use properties as security for loans through what is called a Real Estate Mortgage (REM). Whether for purchasing a house, expanding a business, or obtaining financing, mortgages play a major role in the real estate industry.

But did you know that there are different kinds of real estate mortgages under Philippine law?

In this blog, we will discuss the common types of real estate mortgage in the Philippines and why they are important for property owners, buyers, investors, and borrowers.

What is a Real Estate Mortgage?

A real estate mortgage is a legal agreement where a property owner uses a real property — such as land, a house, condominium unit, or commercial building — as collateral for a loan or obligation.

Under Philippine law, the borrower remains the owner of the property unless they fail to pay the loan, which may result in foreclosure.

Real estate mortgages are governed mainly by the Civil Code of the Philippines and related banking regulations.

Different Kinds of Real Estate Mortgage in the Philippines

1. Voluntary Real Estate Mortgage

The most common type of mortgage is the voluntary mortgage. This happens when the property owner willingly agrees to mortgage the property to a lender or bank in exchange for a loan.

This type is commonly used for:

• Housing loans
• Business loans
• Property financing
• Bank credit facilities

The mortgage contract must be:

• In writing
• Notarized
• Registered with the Registry of Deeds

Even if the property is mortgaged, the owner can still possess and use the property while paying the loan.

2. Legal Mortgage

A legal mortgage is created by operation of law rather than by agreement of the parties.

In this situation, the law itself recognizes a mortgage to secure certain obligations or claims.

Examples may include:

• Government tax claims
• Certain statutory liens

Although less common in regular real estate transactions, legal mortgages are recognized under Philippine laws.

3. Equitable Mortgage

An equitable mortgage happens when a transaction appears to be a sale but is actually intended only as security for a loan.

This is important because some lenders may attempt to disguise a loan agreement as an absolute sale to avoid mortgage laws. Philippine courts carefully examine the true intention of the parties.

Signs of an equitable mortgage include:

• The seller remains in possession of the property
• The selling price is unusually low
• The owner continues paying property taxes
• The buyer allows the seller to repurchase the property

Philippine law protects borrowers from unfair arrangements by treating these transactions as mortgages instead of sales.

4. Conventional Mortgage

A conventional mortgage refers to a mortgage created through mutual agreement between the borrower and lender.

This is similar to a voluntary mortgage and is commonly used in:

• Bank financing
• Home loans
• Commercial property loans

Most residential and commercial property loans in the Philippines fall under this category.

5. Open Mortgage

An open mortgage allows the same property to secure future loans or additional obligations beyond the original loan amount.

For example, a borrower may mortgage a commercial property for an initial loan, and the same mortgage may also secure future credit extensions from the bank.

This setup is commonly used in:

• Business financing
• Credit lines
• Corporate loans

6. Closed Mortgage

A closed mortgage secures only one specific obligation or loan amount.

Once the borrower fully pays the debt:

• The mortgage is cancelled
• The property is released from the encumbrance

If the borrower wants another loan, a new mortgage agreement is usually required.

Foreclosure of Mortgage in the Philippines

If the borrower fails to pay the loan, the lender may foreclose the property.

There are two kinds of foreclosure:

Judicial Foreclosure

This process goes through the court system.

Extrajudicial Foreclosure

This happens outside the court if the mortgage contract contains a special power of sale clause.

Extrajudicial foreclosure is governed by Act No. 3135.

Why Understanding Real Estate Mortgage Matters

Knowing the different types of mortgage is important because it helps:

• Property buyers understand financing
• Investors protect their assets
• Borrowers avoid legal problems
• Sellers recognize unfair transactions
• Businesses secure proper financing

A real estate mortgage is more than just a loan document — it is a legal agreement that affects ownership rights, financial obligations, and property security.

Understanding the Four Kinds of Defective Contracts in Real Estate and Civil Law

Contracts are an essential part of everyday transactions, especially in real estate, business, and legal agreements. However, not all contracts are perfectly valid. Under the Civil Code, there are certain agreements considered “defective contracts.” These contracts may still produce legal effects depending on the nature and seriousness of their defect.

The law classifies defective contracts into four kinds, arranged according to their degree of defectiveness or legal effectiveness: rescissible, voidable, unenforceable, and void contracts.

1. Rescissible Contracts: The Least Defective

Rescissible contracts are considered the least defective among all kinds of defective contracts. These agreements contain all the essential elements of a valid contract — consent, object, and cause — making them legally valid from the beginning.

However, they may later be rescinded because they cause damage or prejudice to one of the parties or even to third persons, such as creditors. The defect is considered external because the problem is not with the contract itself but with its effects.

Until a court rescinds the contract, it remains valid and binding.

Example:

A property owner sells his land at an extremely low price to prevent creditors from claiming it.

2. Voidable Contracts: Defective Due to Consent

Voidable contracts are valid and enforceable unless annulled by the court. The defect arises because the consent of one party was flawed or improperly given.

This usually happens when consent is affected by:

• mistake,
• fraud,
• intimidation,
• violence,
• undue influence,
  or when one party lacks legal capacity, such as a minor entering into a contract.

Unlike void contracts, voidable contracts may still be ratified, meaning the injured party may confirm and validate the agreement.

Example:

A minor signs a contract to sell property without parental consent.

3. Unenforceable Contracts: Valid but Cannot Be Enforced

Unenforceable contracts occupy the middle ground between voidable and void contracts. These agreements cannot be enforced in court unless they are properly ratified.

The defect usually involves:

• lack of written form required by law,
• contracts entered into without authority,
• or contracts where both parties are incapacitated.

Although they may appear valid, the courts cannot compel compliance unless the defect is corrected.

Example:

An oral agreement involving the sale of real property without any written document.

4. Void or Inexistent Contracts: Absolutely Void

Void contracts are the most defective of all contracts. These agreements are considered nonexistent in the eyes of the law because they produce no legal effect whatsoever.

A contract becomes void when:

• its object or purpose is illegal,
• it violates law, morals, public policy, or public order,
• or an essential element of a valid contract is absent.

Unlike voidable and unenforceable contracts, void contracts can never be ratified.

Example:

A contract involving the sale of prohibited or illegal substances.

Why Understanding Defective Contracts Matters

Understanding defective contracts is important not only for lawyers but also for property owners, real estate practitioners, investors, and ordinary individuals entering into agreements.

In real estate transactions, defective contracts may lead to:

• cancellation of sales,
• legal disputes,
• financial losses,
• delayed property transfers,
• and invalid ownership claims.

The Civil Code clearly classified these contracts to eliminate confusion that existed under the old law, particularly between void and voidable contracts. This classification helps parties understand their rights, obligations, and legal remedies.

Future Cash Flow in Real Estate: Why It Matters in Property Investment

Real estate is widely recognized as one of the most stable and rewarding long-term investments. One of the main reasons investors purchase properties is because of their ability to generate future cash flow. Whether through rental income, property appreciation, or commercial operations, future cash flow plays a vital role in determining the profitability and value of a real estate investment.

For investors, developers, and valuation professionals, understanding future cash flow is essential in making smart financial decisions and evaluating the true potential of a property.

What is Future Cash Flow in Real Estate?

Future cash flow refers to the projected income a property is expected to generate over time after deducting expenses such as maintenance, taxes, insurance, and operating costs. In simple terms, it is the expected net income an investor may receive from a property in the future.

Future cash flow can come from different sources, including:

• Monthly rental income
• Lease payments
• Commercial business operations
• Property appreciation
• Future resale value

In real estate, investors do not only focus on the current market price of a property. They also analyze how much income the property can generate in the coming years.

Importance of Future Cash Flow

Future cash flow is important because it helps determine whether a property is financially sustainable and profitable. A property with strong cash flow potential is often considered a good investment because it can provide continuous income and long-term financial growth.

Positive cash flow can:

• Generate passive income
• Increase investment returns
• Improve financial stability
• Support property appreciation
• Reduce investment risks

For many investors, cash flow is one of the primary factors in deciding whether to purchase a property.

Sources of Future Cash Flow

Rental Income

Rental income is one of the most common sources of future cash flow. Residential units, apartments, office spaces, and commercial establishments generate recurring monthly income from tenants.

Higher occupancy rates and increasing rental demand usually lead to stronger cash flow performance.

Property Appreciation

As property values rise over time, investors may earn profits through capital appreciation when selling the property in the future.

Areas with infrastructure developments, business growth, and rising demand often experience faster appreciation.

Commercial Operations

Commercial properties such as hotels, malls, and mixed-use developments generate income from leasing spaces and business activities.

Short-Term Leasing

Vacation rentals and short-term accommodations also provide opportunities for recurring income, especially in tourist destinations and urban areas.

Factors Affecting Future Cash Flow

Several market and economic factors influence the future earning potential of a property.

Location

Properties located near schools, transportation hubs, business districts, and commercial centers are generally more attractive to tenants and buyers.

A strategic location often results in higher rental income and better long-term value.

Market Demand

Strong demand increases occupancy rates and rental prices, while weak demand may lead to vacancies and reduced income.

Economic Conditions

Interest rates, inflation, employment, and economic growth directly affect the real estate market and the ability of tenants or buyers to afford properties.

Property Management

Well-maintained and properly managed properties tend to attract and retain tenants, resulting in more stable future cash flow.

Operating Expenses

Taxes, maintenance, utilities, and insurance costs affect the net income generated by a property.

Future Cash Flow and DCF Analysis

In professional real estate valuation, future cash flow is commonly analyzed using Discounted Cash Flow (DCF) Analysis.

DCF analysis estimates the present value of a property by calculating the value of its projected future cash flows. This method recognizes that money received in the future is worth less than money today because of inflation and investment risks.

The basic DCF formula is shown below:

PV=CF(1+r)nPV = \frac{CF}{(1+r)^n}PV=(1+r)nCF​

Where:

• PV = Present Value
• CF = Future Cash Flow
• r = Discount Rate
• n = Number of Years

DCF analysis is commonly used for:

• Commercial buildings
• Hotels
• Office spaces
• Shopping malls
• Investment properties

Role of GN 9 in Real Estate Valuation

Guidance Note 9 (GN 9) provides guidance for valuation professionals in analyzing future cash flow and applying discounted cash flow techniques.

GN 9 highlights the importance of:

• Reliable market data
• Realistic financial projections
• Proper risk assessment
• Accurate discount rates
• Transparent valuation assumptions

By following these standards, valuation professionals can produce more accurate and credible property valuations.

Market and Economic Considerations in Real Estate

The real estate industry is closely connected to the economy and market conditions. Property values, investment opportunities, and buyer behavior are all influenced by different economic and market factors. Whether you are a property buyer, seller, investor, or real estate professional, understanding these considerations can help you make smarter and more informed decisions.

In today’s competitive property market, knowing how the economy affects real estate is more important than ever.

Understanding Market Considerations in Real Estate

Market considerations refer to the conditions that affect the demand, supply, and pricing of properties within a specific area or market. These factors play a major role in determining how quickly properties sell and how much they are worth.

Supply and Demand

One of the biggest factors affecting real estate is the relationship between supply and demand.

When there are many buyers but limited properties available, property prices usually increase. On the other hand, when there are too many properties in the market and fewer buyers, prices may decrease.

This is why some locations experience rapid appreciation while others remain stable or slow-moving.

Importance of Location

Location is often considered the heart of real estate value. Properties located near schools, business districts, transportation hubs, hospitals, and commercial establishments are usually in higher demand.

A strategic location can:

• Increase property value over time
• Generate better rental income
• Attract more investors and buyers

This explains why prime locations are often more expensive than developing areas.

Real Estate Market Trends

Trends in the market also affect property demand. In recent years, many buyers have shown interest in:

• Condominium living
• Gated communities
• Eco-friendly developments
• Suburban properties
• Mixed-use developments

Understanding market trends allows investors and developers to identify opportunities and respond to changing consumer preferences.

Economic Factors Affecting Real Estate

Economic conditions greatly influence the real estate market. When the economy performs well, the property sector often grows alongside it.

Interest Rates

Interest rates directly affect the affordability of buying a property. Lower interest rates encourage more people to purchase homes because monthly loan payments become more manageable.

However, when interest rates increase, borrowing becomes more expensive, which may reduce demand for properties.

Inflation

Inflation affects the prices of construction materials, labor, and land. As costs rise, property prices and rental rates may also increase.

Because of this, real estate is often viewed as a good long-term investment and a protection against inflation.

Employment and Income

A strong employment market means more people have stable income and purchasing power. This leads to higher demand for residential and commercial properties.

In contrast, economic slowdowns and unemployment may reduce buyer confidence and affect property sales.

Government Policies and Taxes

Government regulations also impact the real estate industry. Policies related to taxation, zoning, infrastructure, and housing programs can influence property values and development activities.

Examples include:

• Property taxes
• VAT on property sales
• Housing loan programs
• Infrastructure projects
• Zoning regulations

Government support and infrastructure improvements often increase property demand in nearby areas.

Why These Factors Matter

Understanding market and economic considerations helps buyers, investors, and real estate professionals make better decisions.

These considerations can help:

• Determine the right property value
• Identify profitable investments
• Reduce financial risks
• Understand market timing
• Plan long-term real estate strategies

In real estate, knowledge of the market and economy provides a strong advantage.

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Understanding the Basis of Value in Real Estate

In the real estate industry, determining the value of a property is one of the most important aspects of buying, selling, investing, and financing. However, many people do not realize that a property can have different values depending on the purpose of the valuation. This is where the concept of basis of value comes in.

The basis of value serves as the foundation used by appraisers and real estate professionals to estimate how much a property is worth. Understanding this concept helps property owners, buyers, investors, and even government agencies make better and more informed decisions.

What is Basis of Value?

A basis of value refers to the standard or type of value applied in determining the worth of a real estate property. It answers the question:

“Value for what purpose?”

A property may have one value in the open market, another value for taxation, and a different value for insurance or investment purposes.

Because of this, it is important to identify the correct basis of value before conducting a property appraisal.

Why is Basis of Value Important?

The basis of value is important because it ensures that the property valuation is:

• Accurate
• Fair and objective
• Consistent with market conditions
• Suitable for its intended use

Without a proper basis of value, property assessments may become misleading or unreliable.

For example, a bank evaluating a property for a housing loan may focus on market value, while a local government office may use assessed value for taxation purposes.

Common Types of Basis of Value in Real Estate

1. Market Value

Market value is the most commonly used basis of value in real estate.

It refers to the estimated amount a property would sell for between a willing buyer and willing seller under normal market conditions.

This value is influenced by:

• Location
• Demand and supply
• Accessibility
• Property condition
• Nearby developments

Example:

A house and lot located in Pasig City may command a higher market value because of its accessibility to business districts and commercial establishments.

Common Uses:

• Buying and selling properties
• Bank financing
• Property listings
• Investment analysis

2. Assessed Value

Assessed value is the value assigned by the government for taxation purposes.

In the Philippines, local government units use assessed value to calculate the Real Property Tax (RPT).

This value is usually lower than market value because it is based on assessment levels determined by the local assessor’s office.

Common Uses:

• Property taxation
• Government records
• Tax declarations

3. Fair Value

Fair value refers to the estimated price agreed upon by knowledgeable and willing parties under normal conditions.

This basis is commonly used in:

• Accounting
• Financial reporting
• Corporate asset valuation

Fair value helps businesses reflect the true worth of their real estate assets in financial statements.

4. Investment Value

Investment value is the value of a property to a specific investor based on expected returns and investment objectives.

Unlike market value, investment value can vary from one investor to another.

Example:

An investor may value a commercial property higher because of its strong rental income potential and long-term appreciation.

5. Insurance Value

Insurance value refers to the cost of rebuilding or replacing the improvements on a property in case of damage or destruction.

This usually excludes the land value since land itself is not destroyed.

Common Uses:

• Property insurance
• Risk management
• Building replacement estimation

6. Liquidation Value

Liquidation value is the estimated amount a property may sell for under a forced or rushed sale.

This value is commonly seen in:

• Foreclosure cases
• Bankruptcy
• Distressed property sales

Because the property must be sold quickly, liquidation value is often lower than market value.

Factors That Affect Property Value

Several factors influence the value of real estate properties, including:

• Location
• Accessibility
• Market demand
• Economic conditions
• Property size and condition
• Infrastructure developments
• Zoning regulations

Properties located in high-demand areas such as Tagaytay City often experience stronger property appreciation due to tourism, commercial growth, and lifestyle appeal.

Common Problems in Property Valuation

Property valuation plays a very important role in real estate. Whether you are buying, selling, investing, applying for a bank loan, or paying taxes, knowing the correct value of a property helps you make better decisions. However, property valuation is not always simple. There are many factors that can affect the accuracy of a property’s value, and mistakes can lead to financial loss, delayed transactions, or legal problems.

Here are some of the most common problems encountered in property valuation:

1. Inaccurate Market Data

One of the biggest challenges in property valuation is the lack of accurate and updated market data. Property values depend heavily on recent sales in the area. If the data used is outdated or incomplete, the estimated value may become too high or too low.

For example, if a valuer compares a property to homes sold years ago instead of recent transactions, the valuation may no longer reflect the current market condition.

2. Location Differences

Location is one of the most important factors in real estate valuation. Even properties within the same city can have very different values depending on accessibility, neighborhood quality, nearby establishments, flood risk, and future developments.

A property near schools, hospitals, business districts, and transport terminals usually has a higher value compared to properties in remote areas.

3. Emotional Pricing by Owners

Many property owners overvalue their property because of emotional attachment. They may consider personal memories, renovations, or sentimental value, which are not always recognized in professional valuation.

This often causes disagreements between sellers and buyers, especially when the market value is lower than the owner’s expected price.

4. Poor Property Condition

The physical condition of the property greatly affects its value. Damaged roofs, outdated interiors, structural issues, and poor maintenance can reduce the appraisal value.

Some owners also fail to disclose hidden issues such as termite damage, leaks, or illegal structures, which may later affect the valuation process.

5. Lack of Comparable Sales

Property appraisers usually rely on comparable sales or “comps” to estimate value. However, in some areas, there may be very few recent transactions available for comparison.

This is common in:

• Luxury properties
• Agricultural land
• Unique homes
• Commercial buildings in developing areas

Without enough comparable data, determining an accurate value becomes more difficult.

6. Market Fluctuations

Real estate markets constantly change due to economic conditions, inflation, interest rates, and supply and demand. A property valued today may have a different value after a few months.

For example:

• High interest rates may lower buyer demand
• New infrastructure projects may increase nearby property values
• Economic crises may reduce overall market prices

Because of this, timing is very important in property valuation.

7. Legal and Documentation Issues

Properties with incomplete or problematic documents can affect valuation significantly. Common issues include:

• Title discrepancies
• Unpaid taxes
• Boundary conflicts
• Illegal occupants
• Missing permits

Even if the property itself is valuable, legal complications can lower its marketability and overall worth.

8. Overimprovement or Underimprovement

Sometimes owners spend too much on renovations that exceed the standard of the neighborhood. This is called overimprovement. While the property may look expensive, the market may not support the higher price.

On the other hand, underimproved properties may have lower value because they lack necessary upgrades compared to nearby homes.

9. Subjective Valuation Opinions

Although professional appraisers follow standards, some level of judgment is still involved in the valuation process. Different appraisers may produce slightly different values depending on their experience, methodology, and interpretation of market conditions.

This is why it is important to work with licensed and experienced real estate professionals.

A Reverse Annuity Mortgage (RAM) is a type of loan designed for homeowners, typically seniors, that allows them to convert a portion of their home equity into cash. Instead of making monthly payments to a lender, the lender pays the homeowner a fixed amount, which can be received as a lump sum, monthly payments or as a line of credit. RAM features include:

1. No Monthly Payments: Borrowers do not have to make monthly mortgage payments; the loan balance increases over time as interest accumulates.
2. Home Equity Access: It provides access to cash without the need to sell the home.
3. Repayment: The loan is typically repaid when the homeowner sells the home, moves out or passes away. The home is then sold, and the proceeds go to repay the loan, with any remaining equity going to the homeowner’s estate.
4. Age Requirement: Borrowers usually need to be at least 62 years old.
5. Homeownership Retention: Homeowners retain the title and continue to live in the home as long as they comply with the loan terms.

It’s important for homeowners to carefully consider the implications, as using a RAM can affect estate planning and the inheritance of heirs.

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AN ACT TO DEFINE CONDOMINIUM, ESTABLISH REQUIREMENTS FOR ITS CREATION, AND                                                            GOVERN ITS INCIDENTS.

The short title of this Act shall be “The Condominium Act”.

. A condominium is an interest in real property consisting of separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. A condominium may include, in addition, a separate interest in other portions of such real property. Title to the common areas, including the land, or the appurtenant interests in such areas, may be held by a corporation specially formed for the purpose (hereinafter known as the “condominium corporation”) in which the holders of separate interest shall automatically be members or shareholders, to the exclusion of others, in proportion to the appurtenant interest of their respective units in the common areas.

The real right in condominium may be ownership or any other interest in real property recognized by law, on property in the Civil Code and other pertinent laws.

As used in this Act, unless the context otherwise requires:

(a) “Condominium” means a condominium as defined in the next preceding section.

(b) “Unit” means a part of the condominium project intended for any type of independent use or ownership, including one or more rooms or spaces located in one or more floors (or part or parts of floors) in a building or buildings and such accessories as may be appended thereto.

(c) “Project” means the entire parcel of real property divided or to be divided in condominiums, including all structures thereon,

(d) “Common areas” means the entire project excepting all units separately granted or held or reserved.

(e) “To divide” real property means to divide the ownership thereof or other interest therein by conveying one or more condominiums therein but less than the whole thereof.

The provisions of this Act shall apply to property divided or to be divided into condominiums only if there shall be recorded in the Register of Deeds of the province or city in which the property lies and duly annotated in the corresponding certificate of title of the land, if the latter had been patented or registered under either the Land Registration or Cadastral Acts, an enabling or master deed which shall contain, among others, the following:

(a) Description of the land on which the building or buildings and improvements are or are to be located;

(b) Description of the building or buildings, stating the number of stories and basements, the number of units and their accessories, if any;

(c) Description of the common areas and facilities;

(d) A statement of the exact nature of the interest acquired or to be acquired by the purchaser in the separate units and in the common areas of the condominium project. Where title to or the appurtenant interests in the common areas is or is to be held by a condominium corporation, a statement to this effect shall be included;

(e) Statement of the purposes for which the building or buildings and each of the units are intended or restricted as to use;

(f) A certificate of the registered owner of the property, if he is other than those executing the master deed, as well as of all registered holders of any lien or encumbrance on the property, that they consent to the registration of the deed

Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall include the transfer or conveyance of the undivided interests in the common areas or, in a proper case, the membership or shareholdings in the condominium corporation: Provided, however, That where the common areas in the condominium project are owned by the owners of separate units as co-owners thereof, no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens, or corporations at least sixty percent of the capital stock of which belong to Filipino citizens, except in cases of hereditary succession. Where the common areas in a condominium project are held by a corporation, no transfer or conveyance of a unit shall be valid if the concomitant transfer of the appurtenant membership or stockholding in the corporation will cause the alien interest in such corporation to exceed the limits imposed by existing laws.

Unless otherwise expressly provided in the enabling or master deed or the declaration of restrictions, the incidents of a condominium grant are as follows:

(a) The boundary of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof. The following are not part of the unit bearing walls, columns, floors, roofs, foundations and other common structural elements of the building; lobbies, stairways, hallways, and other areas of common use, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services and facilities, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the unit.

(b) There shall pass with the unit, as an appurtenance thereof, an exclusive easement for the use of the air space encompassed by the boundaries of the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. Such easement shall be automatically terminated in any air space upon destruction of the unit as to render it untenantable.

(c) Unless otherwise, provided, the common areas are held in common by the holders of units, in equal shares, one for each unit.

(d) A non-exclusive easement for ingress, egress and support through the common areas is appurtenant to each unit and the common areas are subject to such easements.

(e) Each condominium owner shall have the exclusive 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.

(f) Each condominium owner shall have the exclusive right to mortgage, pledge or encumber his condominium and to have the same appraised independently of the other condominiums but any obligation incurred by such condominium owner is personal to him.

(g) Each condominium owner has also the absolute right to sell or dispose of his condominium unless the master deed contains a requirement that the property be first offered to the condominium owners within a reasonable period of time before the same is offered to outside parties;

Except as provided in the following section, the common areas shall remain undivided, and there shall be no judicial partition thereof.

Where several persons own condominiums in a condominium project, an action may be brought by one or more such persons for partition thereof by sale of the entire project, as if the owners of all of the condominiums in such project were co-owners of the entire project in the same proportion as their interests in the common areas: Provided, however, That a partition shall be made only upon a showing:

(a) That three years after damage or destruction to the project which renders material part thereof unit for its use prior thereto, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction, or

(b) That damage or destruction to the project has rendered one-half or more of the units therein untenantable and that condominium owners holding in aggregate more than thirty percent interest in the common areas are opposed to repair or restoration of the project; or

(c) That the project has been in existence in excess of fifty years, that it is obsolete and uneconomic, and that condominium owners holding in aggregate more than fifty percent interest in the common areas are opposed to repair or restoration or remodeling or modernizing of the project; or

(d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable, or that the condominium owners holding in aggregate more than seventy percent interest in the common areas are opposed to continuation of the condominium regime after expropriation or condemnation of a material portion thereof; or

(e) That the conditions for such partition by sale set forth in the declaration of restrictions, duly registered in accordance with the terms of this Act, have been met.

he owner of a project shall, prior to the conveyance of any condominium therein, register a declaration of restrictions relating to such project, which restrictions shall constitute a lien upon each condominium in the project, and shall insure to and bind all condominium owners in the project. Such liens, unless otherwise provided, may be enforced by any condominium owner in the project or by the management body of such project. The Register of Deeds shall enter and annotate the declaration of restrictions upon the certificate of title covering the land included within the project, if the land is patented or registered under the Land Registration or Cadastral Acts.

The declaration of restrictions shall provide for the management of the project by anyone of the following management bodies: a condominium corporation, an association of the condominium owners, a board of governors elected by condominium owners, or a management agent elected by the owners or by the board named in the declaration. It shall also provide for voting majorities quorums, notices, meeting date, and other rules governinWhenever the common areas in a condominium project are held by a condominium corporation, such corporation shall constitute the management body of the project. The corporate purposes of such a corporation shall be limited to the holding of the common areas, either in ownership or any other interest in real property recognized by law, to the management of the project, and to such other purposes as may be necessary, incidental or convenient to the accomplishment of said purposes. The articles of incorporation or by-laws of the corporation shall not contain any provision contrary to or inconsistent with the provisions of this Act, the enabling or master deed, or the declaration of restrictions of the project. Membership in a condominium corporation, regardless of whether it is a stock or non-stock corporation, shall not be transferable separately from the condominium unit of which it is an appurtenance. When a member or stockholder ceases to own a unit in the project in which the condominium corporation owns or holds the common areas, he shall automatically cease to be a member or stockholder of the condominium corporation.g such body or bodies.