The attention of this Authority has been invited to the practice in some registries of deeds of requiring condominium owners, dealers or developers prior to the registration of the enabling or master deed and the declaration of restrictions, a certificate of registration and license to sell from the Housing and Land Use Regulatory Board (HLURB).  On the other hand, an applicant for registration and licensing of a condominium project is required by HLURB to submit, together with his application, the master deed and declaration of restrictions duly registered in the office of the Register of Deeds.

Since registration and licensing of a condominium project with HLURB presupposes that the project already exists and under Section 4 of the Condominium Act (R.A. No. 4726) a condominium project is constituted by the recording in the Register of Deeds and annotation on the corresponding certificate of title of the enabling or master deed, while Section 9 of the Act requires the registration of the declaration of restrictions prior to the conveyance of any condominium unit, it is directed that in the recording of the master deed and the declaration of restrictions the certificate of registration and license to sell from HLURB need not be required.  Submission of said documents duly certified by HLURB per NLTDRA (LRC) Circular No. 73, dated 7 March 1986, should, however, be required before the conveyance of any condominium unit is registered.

Strict compliance herewith is hereby enjoined.

Adopted: 15 August 1990

(SGD.) TEODORO G. BONIFACIO
Administrator