Professional Documents
Culture Documents
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Al\TNEX B
The land on v.tli::h the PROJ=~>T is being esleblished is covered wholly or partly
by Transfer Certificates of Title Nos. 3"1279 andlor 3"1260 issued by the Registry of Deeds
for the Provin:;e of Riza!. photocopies of "'''hich titles are attached herelo and made an
integral part hereof 2S Annexes "A-i- a~d ""-T.
Section 1.3 Dcscriotion of Builclin:ls
(a)
irl5 PROECT sha!! h:;.'8 1'.'10 (2) to ... .'~;5 v.:1i:h Sh21; be f,rlO':.11 for 1f1:
PeJ'P::'S8 of lhi::; r,12sle, Desd 25 Tc..;:::c .~. 2:-,: To,,',''2: Ben: i"ciic2!.e::: i:c Ihe lo;:;:;~i::ln mar;
at;.e:;-:=d her=t:; 0:10 ri;3d-= 2n inl:;:--=: part hs:-:=:..: 2: ,!:..:l;-:e:< "6~. To.:-=~ PI and T8\ .. e,~ B
5!-,3:1 be eig~~=elr-I=\'G: buildings e,:::IL!sive c: the b2SeTtent I=\.'e~s B:ld rne:h2nic-2!
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(2)
.':'.1: condC::-:-li~iurn t..:;~:5 2S diSti~;;:~:5:-~:C :;-c~: tile st.:P;J:Jr'. ia:..:ilii/ units, sha;;
:.J-:'used ex:.~:..!si'.'~i\.' fa:- resider.li2' :J:"J:--JQS~~ en!' .. S.J!.J~~:'~ 1:' ~rl':: r~~J::'::(ior1S 2:ld ii:i~itation5
prO'Jicled f:l'- lri Ihis r-.',25le~ [)e~:: ~-.:!s.J::h r:.:ie~, c:-.c,e;::Jli3:j'_,;1s ... 11::-;-, lhe: Concior.1inllJrL
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-ANNEXB
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5.
6.
Laundry Shop
MagazinelFlov/er Shop
Notwithstanding the foregoing, and during Ihe ;>eriod that FBDC retains o ....lllership or any
designated support facility unit, FBDC may, f:x a period thaI it shatt declare, designate any
or ali such units for another designated purpcse \"tJich serves, or v,nich it determines to be
favorable for, the interest of the PROJECT. P-,e Condominium Corporation to be organized
in ac::ordance with this f...'aste, Dee::. or the ::::::;jjominium owners in general.
(ii)
(iii)
The
',';alk"Y"ays,
iobbies,
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(vii)
Subje::, ((' Se::\;o;-, -I.e :.::', the ent~ance porer:, main lobll)"
elevator lobbies ane ssatmg ar:2S 2;l:: areas or common use in tn::: ~
PROJECT; and
(viii)
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ANNEXB
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(i)
The parlung spaces re7:iTed to in Section ~1.7, the use c:md enjoyment
of vvhich shall be govemedby the provisions of said Seciion 1.7;
(ii)
The support facility units, the righ:s and inle,ests of FBDC :~ respect
of vvhich is defined in Section 1.5(b).
(c)
The Condominium Corporation hereafter provided may assign such portions
of the available or u:-:utiiized Common Areas as Limited Ccmmc:l ,1I.reas c: io: the
exclusive use of parii:;ulai units subject t:: such assessments and other terms and
conditions as it may ~mpOSe.
Tn:s
There s:-:a:: be ::: i:::;ta! of 307 ::a~ pa,l~;j; S~2:::es i:-: the PROJE.'::::: (as c;
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Each concominium unit shali have a designatej parking space(s) for saie to
e;::::::.lSiV5 use a:iG enjoymen; thereof
. provicied thal such owne, purchased the said parking space(sj. No Parking Space(s) shall
be sold or transferred separately from the unit to v.nich it pertains, untess othef\.~se as
provided in this Masie, Deed. Unit owner-s, however, may iaase the Parking Spaces
pertaining to their uni!s :n fz'..'c~ of thei;- b8:-:2 f~de ter.ants c:-- the Conc8m:n:um
Corporaiion.
(0)
Any Unsaid Parking Spaces shal! pertain to rBDC. rBDC may, 2~ its soie
(c)
discretion and Tor such conside:-ation 2S it rr;ay impose, sell, t ..ansfe~, ::om/e)', or lease an)'
and all of the Unsold Parking Spa:;es aliocated io it, subject io the condition thal (i) such
Selle, transfer, conveyance or lease shelll be made; oni)! ir, ~avc; 0; unit owners of the
PROJECT or the Condominium Corporaiior" and (ii) in case of 2 sale, transier or
conveyance tea unit owner, th~ Parking Sp~ce shall be set 25:~e and designated fa;
exciusive use and enjoyment together with the unif owned by sud! unil ovvner, and shal:
be subject to the provisions of Seciion 1.7 (b) hereof. Subje:l te the pro'Jis:on:
tne
immedialeiy preceding sentence, F8De, may impose sueii resiriclions or iimilairons on the
re~a!e, transfer, cen'le:;cnce or lease of the ers!....hiie Unsc!~ ParKin~ Spaces wnich shall
be binding against all subsequent rurchcS2'S. lrClllslarces 0: je3See~. Tile c.ii!;;posilion 0:
uny such previously Ur.sold Parl~Jng Spuce by unit owners cmd/o~ tile Condominium
0:
ANNEXB
Corporation may be made only in favor of other unit owners of the PROJECT, the
Condominium Corpor.ation or t.~e FBDC: provided, further, that in the event that the
purchaser or transferee of such Parking Spaces shall cease to be a unit ovvner in the
PROJECT, such purchaser or transferee shall, for such reasonable consideration as he
may determine, resell, transfer or convey such Parl<ing Spaces in favor of (i) other unit
owners in the PROJECT or (ii) the Condominium Corporation, in such order of preference.
In case a lessee of the Unsold Parking Spaces shall cease to be a unit owner in .
the PROJECT or a bona fide tenant in the PROJECT, as the case may be, the agreement
with respect to the Unsold PCirking Spaces between such lessee and lessor of the Unsold
Parking Spaces shall automatically be deemed terminated and the use and enjoyment of
the said Parking Spaces shall revert in ravor of its lessor. The lessor shall cause the
lease agreement covering the said Parl-'jn;; Spaces to provide that the lease shail be
automatically terminated in case the lessee ceases to be a unit ovvner or bona TIde tenant
in the PROJECT.
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organized pursuant to the Condominium .4~~ and the Corporation Code. This corporaiion
shail constitute the management body of Lnit c .....ne;s in .the PROJ2CT. The corpo;-aie
pCJrposes of the Condominium Corporaiion shall be limited to ov.TIing or hoiding liUe to trls
Common Areas of the PROJECT in::::lu::iing ths iane, to the administration and
management of the PROJECT and to su::n other purposes as may be necessary,
incidental O~ convenient to the a::::ccmpEshmenl 0; said purposes.
The jl.rticies of
incorporation and By-Laws of the Condominium Corporation shaH no: contain 2ny
provision contrary to or inconsisterit dt~l this Master Deed and tne De::::la.aiic;-; 0:
Covenants, Conditions and Resrr:::tio:"1s (C ::?} and th~ Design Siailcaros ane Guicieiines
(DSG) of FBDC.
(b)
.l\1l owners of units in the PROJECT to the ex::iL!sior. of others shall
. automak;aliy and imperativeiy be rnerr:bers in the Condominium Corporation ir,
accordance with Section 1.9 (c) hereof. {v',embership in the Condominium Corporaiion
s 0para l ",." Tr",.,.... thc>
..,ii Of .. rh.~h it is an 2ppurt co nan'"'o
'Nno n a
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Sha" n",j ;...,'" ;~a""sl'orab'c>
member ::eases to ov:;; 2 unit in the PROJ:::C!'. he s~al' auto ... ali::aliy ceess to b'=: e
rnembei of the Condominium Corporation
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ANNEXB
Master Deed and other documents appurtenant hereto, the instrument conveying the un ..
to the buyer, and 'to the terms and conditions of any subsequent conveyance under which
the buyer takes title over the unit.
(b)
Every unit owner shall acquire as an appurtenance of the unit the right to
utilize the Common Areas and an exclusive easement for the use and enjoyment of such
Limited Common Area(s) or other parts of the Common Areas as may be assigned to his
unit pursuant to Section 1.6, subject only to such restrictions, limitations or easements as
provided for in this instrument, the Articles of Incorporation and By-Lavvs of the
Condominium Corporation and such rules and regulations it may validiy promulgate, and
the CCR and DSG of FBDC.
(c)
As an appurtenance of ownership of the unit, the buyer shall automatically
and imperatively become a member of the Condominium Corporation V\~lh such interests
or participation therein corresponding to the percentage or the fractional share which the
floor area of his unit(s) bears to the iotal saleable area in the PROJECT. Each member
shall be entitled in all meetings to such number of votes as shall correspond to his
fractional share in the Condominium Corporation.
(d)
Each membe, of the Condominium Co,poration shall share in the common
expenses of the PROJECT, and shall accordingly be assessed thereio; based on the
covered area of his unit, in the sharing or percentag~ stated in the immediatel), preceding
. paragraph.
(e)
In the event that the Condominium CorpOiation is dissolved, the members
thereof shall become co-owners of the Common Are2s with such shares corresponding io
their appurtenant interest or pariicipaiion in the Condominium Corpoiaiion 2S provided TOi
in this Se::tior. 1.9(c).
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ANNEXB
-
made. Such plans, specifications or certificate, when signed and aclmowledged by FBDC,
and registered in -accordance with the provisions of the Condominium Act, shall constitute
an amendment of this Master Deed.
Prior to the completion of the PROJECT, notwithstanding any term or
(b)
condition of any contract to sell over any unit to.the contrary, FBDC reserves the right to
amend, revise or revoke this Master Deed by registration with the Registry of Deeds for
the Province of Rizal of an instrument duly executed by FBDC.
PART II
DECLARATION OF RESTRICTIONS ON THE USE
AND OCCUPANCY OF THE CONDOMINIUM UNITS
The component units and areas of the entire PROJECT shall be held, conveyed,
encumbered, used, occupied and improved subject to the conditions, limitaiions,
. restrictions and covenants hereinafter set forth and in related documents meniioned
herein. Said conditions, limitations, restrictions and covenants shall attach to the land,
condominium towers and units thereaT, and other parts of the PROJECT, and shall be
binding upon all parties having or acquiring any right, title or interest therein of vvhatsoever
nature, and shall be for the benefit and be binding upon each successor-in-interest of the
owners thereof.
.
Section 2.1
Except for the Common Areas and support faciiity units, or otherwise as may be
provided herein, the condominium units thereof shall be used only and exciusiveiy as
residential condominium units and shali b~ occupied and used only as private residence
by theif respective olNllers or authorized lessees thereof, thei: tenants, families, guests
and domestic help, and for no other purpose. subject to the restrictions and limitations as
provided in this Master Deed, the CCR and DSG of FBDC, and such rules and regulations
). duly promulgated by the Condominium Coroo.ation.
Section 2..2. Disposition of Units
(a)
The condominium units may be acquired or disposed of subject .to the
provisions of the Condominium Act and other appiicable laws; this Master Deed; the CCR
and the DSG, botl, of FBDC, and to such ruies and regulations that the Condominium
Corporation shall validly promulgate from time to time.
No transferor conveyance of a unit shall be valid if the concomitant transfer
(b)
of the appurtenant membership in the Condominium Corporation will cause the alien
interest in su:::h corporation to exceed tl)e iimits imposed by existing laws.
(c)
In the event a condominium unit owner (hereinafter, the "Selling Unit
Owner") wishes 10 sell, assign or transfer his unit or rights thereto. he si1atl first ofter such
unil (hereinafter, the "Offered UnH") to the othe. ovvners 0; units in the PROJECT
(hereinafter, the "OUler Unit Owners") through a written noiice to the Condominium
--~------
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ANNEXB
Corporation addressed to the Corporate Secretary specifying the price, terms and
conditions of his offer.
(d)
VVithin three (3) business days from receipt of ihe said offer, the Corporate
Secretary shall transmit the same to the Other Unit Owners indicating tile dale on which
the said offer was received by him. If within the said three (3) business days the
Corporate Secretary fails or is unable to transmit the said offer, the Selling Unit Owner
may transmit the offer directly to the Other Unit Owners. To all intents and purposes, such
notice of the Selling Unit Owner to the Condominium Corporation shall be deemed to be
an offer to any of the Other Unit Owners, subject to acceptance within the Offering Period
as defined below.
.
(e)
Any of the Other Unit Owners shall have ten (10) calendar days reckoned
from date of receipt of the offer by the Condominium Corporation within lNhich to accept
the offer (hereinafter, the uOffering Period"), by transmitting to the Corporale Secretary of
the Condominium Corporation or the Selling Unit O'M'ler, as the case may be, a written
notice of his acceptance of the offer as well as the cash or certifted check(s) to be drawn
on any local or domestic bank in an amount sufficient to meet the terms of the offer.
(f)
The Corporate Secretary, upon receipt. of the writien acceptance of any of
the Other Unit Owners within the Offering Period, shall transmit 10 the Seliing Unit Owner
su~hwritien acceptance(s) and payment(s; referred to in Seciion 2_2 (e) above not later
than three (3) business days from receipt 07 the same. In case there are two (2) or more
unit owners willing io accept the offer and properly notifying the Corporate Secretary in
acc:ordance herewith, the Selling Unit Owner shall have the option to choose the buye,
from among the accepting unit owners.
).
(g)
If the offer is no: acceptec within the Offering Period in tile manner
prescribed above, the Selling Unit OwnEr. shall be entitied to seli his unit to any other
buyer under the same or bette~ price, terms and condiiions contained in the original offer,
provided, however, that such buyer is acceptable to the Condominium Corporation. If the
Seliing Unit Owner shall be unable to sel! his unit at the price and on the terms and
condiiions specified in the original offer and is required to lower the price 0, substantially
alter the said term::; and conditions, the Seliing Unit Owner shall re-oHer il!S unit in the
malle, abOVe-described, except that the Offering Period shall be shortened to five (5)
calendar da~'s, at such lower price 0, upon such substantially altered terms and
conditions.
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ANNEXB
acceptable to the Condominium Corporation, and the Selling Unit O't-lner is not in any
manner delinquent with respect to any fee or assessment as provided herewith, the
Condominium Corporation shall be under obligation to issue the required certification
within the said period.
(\)
The limitations and procedures contained in this Section 2.2 (c) to (g) shall
not apply to the original conveyance of units by FBDC, transfer by hereditary succession,
or transfer by any individual to a corporation in exchange for shares of stod; therein of
which as a result of such exchange said unit owner, along or with not more than four (4)
other persons, gains or maintains control of the said corporation. The term Ucontrot" when
used in this Section 2.2 (i) shall mean ownership of at least fifty-one percent (51 %) of the
outstanding shares of stock in a corporation whether or not entitled to vote.
Section 2.3 Lease, Mortgage and Other Encumbrance
on the Unit. Notice of Lien or Suit
(a)
A unit owner may lease, mortgage or otherwise encumber his unit to any
third party provided that - (i) a prior written notice of such lease, mortgage or other
encumbrance shall be given to the Condominium Corporation, with the name of the
lessee or mortgagee indicated therein; (ii) in case of a lease, the lessee is acceptable to
the Condominium Corporation; (iii) the said lease, mortgage or en:::umbrance shall be in
writing and subject to this Master Deed and other documents appurtenant or relaied
hereto; (iv) in case of lease of any such unit and the unit owner is delinquent in the
payment of any assessment, including interest or penalty trlereon, the Condominium
Corporation may require the lessee of such leased unit to remii directiy in its favor any
and ali of the rentals accruing to the delinquent unit owner, v"hich renials shall be applied
as payment for his delinquent a~ounts with the Condominium Corporation until full
payment thereof; (v) any lien that attaches to the unit by reason of ths said .Iease,
mortgage or encumbrance shali be subordinated to the lien referred to in Section 2.6
hereof; (vi) the leasing or mortgaging unit owner shall be under obligation to Incorporate
into the instrument of lease or mortgage such provisions as may be necessary to give
effect to items (ii), (iii). (iv), and (v) of this Section 2.3; and (vii) the unit owner st1atl not be
relieved of his obiigationsunder this Master Deed and othe~documents appurtenant or
related as mentioned herein, the Articies of Incorporation and By-Laws of the
Condominium Corporation and the Building Rules (as hereinafter defined) by reason of
the said lease, mortgage or encumbrance.
(b)
A unit owner shall give a written notice to the Condominium Corporation of
every iien upon his unit or rights thereto (other than liens in favor of the Condominium
Corporation) within five (5) calendar days after the lien shall attach to the unit.
Written notice shall be given by a unit owner to the Condominium
(c)
Corporation' oi every suit or other proceeding, including therein the nature of such suit or
proceeding, which may affect the tilie to his unit or rights thereto within five (5) calendar
days after the unit owner obtains knowiedge thereof.
Section 2.4 Administration and Management
(a)
T~e Condominium Corporation to be formed and organized pursuant io
1.8 above, shall constitute the administration and management bod~' of the
Condominium once the same is formally turned over to the Condominium Corporation by
Se~iion
1\Atv. 4 '
ANNEXB
FBDC. As such body, the powers of the Condominium Corporation shall be such as are
provided by the Condominium Act, by the Articles of Incorporation and By-Laws of the
Condominium Corporation, by this instrument and by the applicable provisions of the
Corporation Code as are not inconsistent \vith the Condominium Act. Without limiting the
general nature of its powers, the Condominium Corporation shall have the power 10
enforce the limitations, restrictions and conditions contained in this instrument; to
promulgate rules and regulations concerning the use, enjoyment and occupancy of the
units, Common Areas and other properties of the PROJECT; to make and collecl
assessments against the unit owners as members thereof to defray the costs and
expenses of the PROJECT and the Condominium Corporation and secure by any legal
means the observance of the provisions of the Condominium Act, this Master Deed, the
CCR and the DSG of FBDC, the Articles of Incorporation and By-Lav-IS of the
Condominium Corporation and the rules and regulations promulgated b~f it; and to assign
or delegate the actual or day-to-day administration and management of the PROJECT to
a qualified property manager.
(b)
Nothing contained herein or in the Articles of Incorporation or By-Laws of the
Condominium Corporation shall be construed as granting the Condominium Corporation
the power to conduct an active or regular business for the profit of the members, and the
Condominium Corporation shall not declare dividends of any kind whatsoever.
(c)
For' a period of fivlCJ (5) years from and after the formal turn over of the
PROJECT by FBOC" to . the Condominium Corporation" the administration and
management of the PROJECT shall be assigned or delegated by the; Conc:iominium
Corporation to a property manager to be nominated by FBDC
Section 2.5 Maintenance. Rcoairs. and Alterations
(a)
Every unit owner shall be responsible for the maintenance alld repair of his
unit. ::xcept as may be iimited or restricted herein, or in the CCR and the DSG of FBDC,
or in the By-LaV\/S of the Condominium Corporation or su:::h rules and reguiaiions as the
Condominium Corporation may validly promulgate, every unit O'Nll8r shali be soiely
responsible fo, refinishing or decorating the interior surfaces of his unit.
(b)
1-. unit owner or in proper cases, a unit tenant or occupant. shall not
undertake any structural repair, modifications or alteration on his unit, or otherwise any
warl, which will jeopardize the safety of the cpndominium buildings or another unit or affe:::'.
the uniformity of the interior hallwa~'s and the fayade of the buildings or impair any
easement, except as otherwise provided in this Master Deed.
(c)
The unit owner shall be liabie ior all damages to any other unit, the Common
Areas or Limited Common Areas due to his fault or negligence, or his failure or refusal to
effect the required maintenance or repair as herein provided or as may validiy be required
of him by the Condominium Corporation or to perform his other obligations under this
instrument and other appurtenant documents .. A unit owner.~uyer, tenant or occupant
shall likeWIse be under obligation to promptli reporl In wrlling to 1I1e Condominium
Corporation any defect 0, need for repairs on any of the Common Area:; or Limited
Common Areas found in or in the vicinity of ltle unit. Tile. iiability of the unit owne,
includes that arising from acts made or caused to be made by persons of which said unit
owner is responsit)le
nor
;
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---- - - - ---
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ANNEXB
(d)
All maintenance and repair work on the Common Areas and, excepl as
otherwise provided in this Masler Deed, the Limited Common Areas wherever located
shall be for the account of, and undertaken by, the Condominium Corporation in
accordance \.~th .the By-La\N'S thereof.
Section 2.6
Assessments
(a)
From and after the date FBDe fonnally conveys or delivers the
condominium unit to the unit owner in accordance with the instrument of sale the owner
of each unit shall be liable for- the common expenses of the PROJECT, whi~h shall be
assessed against each unit owner in the said project and paid to the Condominium
Corporation, as provided in Section 1.9(d) hereof at such times and in such manner as .
shall be provided in the By-La .....'S of the Condominium Corporalion.
(i)
(ii)
(iii)
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(b)
Particular units may also be subjecl to special assessments authorized in
accordance with this Master Deed, the CCR and the DSG of FBDC, or the By-Laws of trle
Condominium Corporation for non-common expenses (hereinafter. thE: SeparatE!
Expenses") such as but nol Itmitec to
costs of repalf~ 01 Common Area: 01 Limited
Commarl Areas damaged by or through the a::ts or negligence of tile owner:, tenants or
occupants of particular units pursuant to Se::lIon 2.5 (c), tax and assessment!:: relerreci to
in sedion 2.15, and other assessments referred \0 in Section!> .2.10, 2.12 and 2.13 hereof.
Ma.w:r
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ANNEXB
-
(c)
The amount of any such assessment, plus inlerest, penalties, attorney's fees
.and other charge-s incurred for the collection of such assessment, shall constitute a lien .
upon the unit and on the appurtenant interest of the unit owner in the Condominium
Corporation. Such lien shall be constituted and the same shall be enforced, or the amount
of the assessment otherwise collected, in the manner provided in the By-Laws of lhe
Condominium Corporation; and except as otherwise provided by this instrument or the
Condominium Act, said lien for assessment shall be superior to all other liens or
encumbrances. In case of foreclosure of the unit, the transfer or conveyance, as well as
redemption, of the unit, shall include the unit owner's appurtenant membership or interest
in the Condominium Corporation. The Condominium Corporation shall have the power to
bid at the foreclosure sale.
Section 2.7 No Subdivision or Partition of UniUParldng Slot
No condominium unit or parking slol defined and established under this Master
Deed shall be subdivided into smaller units, nor shall such unit or parking slot be
partitioned, either judicially or extrajudicially, among the co-o-wners thereof except by sale
of the entire unit and distribution of the proceeds. No parking siot shall be partitioned
separately trom the unit to \Nhich it corresponds.
Section 2.8 Limitations on Use of Units and Common Areas
Except as olherwtse provided in this Master Deed, tile Common Areas and Limited
Common Areas of the PROJECT shall be occupied and used subject to the ioliowing
limitations:
.\
( I)
(ii)
0,
(ii i)
/.
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ANNEXB
(iv)
The use, occupancy and enjoyment of each unit, whether by the ovvner thereof, or
his tenants or lessees, as well as the Common Areas' or Limiied Common Areas shall
likewise be subject to such uniform rules and regulations (herein, the "Building Rules") as
the Condominium Corporation may from time to time deem necessary or convenient for
the efficient and mutually beneficial management and operation of the PROJECT.
I
I
. In the event that any owner, tenant or lessee of an~' unit, fails or refuses or neglects
to comply with any condition, iimitation, restriction or covenan~ herein contained involving
an obiigation other than the payment of money, or with the CCK. and the DSG of FBDe, or
with the Building Rules, the Condominium Corporation may, in accordance with the ByLaws of the Condominium Corporation remedy such breach or violation 0, neglect after
failure of the unit owner to do so within the reasonable period fixed in tne notice and
assess against the unit owner all the e~penses incurred by the Condominium Corporation.
The Condominium Corroration is also empowered to impose, by VvClY cif penalty in case of
violation, liquidated damages upon the unit owner in such amount and in the manner
prescribed in its By-Laws. When such liquidated damages are imposed, the same shall be
considered as an assessment upon the uni~ and, Hi(e the assessment lor expenses, sha!!
be se:ured by the lif~n provided for in Sectio~ 2.6(c) hereof.
Section 2.11 Waivers
No condition, limitation, restriction 0, covenant herein contained ailS no rule or
reguiaiion in the Building Rules shall be deemed to have been abrogated or VvClived by
reason of any failure, in whole or in part, to enlorce the same, irrespective of the number
of vioiation(s) or breach(es} thereof which may occur. The VIoCliver of any prior or
"Subsequent violation or breach, is not waiver of any subsequent or prior breach
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ANNEXB
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ANNEXB
Condominium Corporation in accordance with Section 2.6 hereof, then \0 U,e respective
mortgagees of Hie units or of the Condominium Corporation to the extent of thc amount
outstanding on the loan secured by the unit or the Common Areas or Limited Common
Areas as part thereof, if there be any, and the balance of the proceeds 10 the ovmer or
ovvners 1hereof, as his or their interest may appear after deducting Ihe amount of any
assessment due from'him or them.
Section 2.14 Eminent Domain
The taking of any unit qr parking slot or any of the Common Areas or any portion
thereof by virtue of the State power of eminent domain shall be deemed a casualty and
the award for such taking shall be treated as proceeds from insurance on account of
casualty.
Section 2.15 Real Property Taxes and Special Assessments
The olMler of each unit shall be solely and exclusively liable for the real property tax
on nis unit and parking slot(s), and the said tax shall constitute a lien soiely on such unit
andior slot. In the event that any tax or special assessment may becom:::: 2 lien on the
entire PROJECT, or on any part thereof not pertaining to a pariicular uili: or units, the
same may be paid by the Condominium Corporation and assessed by the latter against
the unit owners with such rate of interest and cost as it may determine, Such assessment
shall be secured by t~e lien provided for in Section 2.6(c) hereof.
Section 2.16 Entry for Maintenance. Servicing and Reoairs
')
Every unit and.parl<ing slot in Ihe PROJECT shall be subject to right of eniry by the
Condominium Corporation or its duly authorized agents to inspect the same, as well as all
pipes, wires, ducts, cables, conduits or public uiiiity lines and other Commor', Areas and
Limited Comrnon Areas located within the unit, to remove violations therefrom, andiOi to
provide general maintenance and servicing in such areas, or com:iuct necessary repairs
for ,,".'hich the Condominium Corporation is responsible. Such entry sr,ali be made ciuring
reasonable hours, except in case of emergency, and with least inconvenience to the
olNner as possible and any damage caused thereby shall be repaired a~ the expense 0;
the Condominium Corporation in accordance with its rules,
Section 2.17 Naming Riahts
FBDe shall have the exclusive right to provide the name for the PR8J::.CT and for
th! towers or parts thereof, to prescribe the appropriaie design ther~iD~, ~i)iI,ing into
account the over-all design of the PROJECT and the condominium towe:s. The names so
designated by FBDC with noiice to the Condominium Corporaiion, shall not be ~i1anged or
modified without prior vvritten consent of FBDC. FBDC may, under such reasonable terms
and conditiDnsas it may provide, assign its rights to the Condominium Corporation.
Section 2.18 Rights/Obligations of Assignee, Mortgagee, Tenants and OccllPants
All present'and luiure owners, tenant', ami
occupant~;
of
unit~
shall b2 subjecl
10,0I
~:i::i ~hall comply with, the follo .....ing governing rule:;: (i) the pro\'isicn~ 8f the: Condomir:ium
Acl; (ii) this Master Deed; (iii) lI"1e CCH and IrH? DSG o( F!JDC; (i\') thE: )\rl/clE!~: o(
Incorporation of the Condominium Corporation; (v) the By-Laws c; thE: Condominium
~,~
'1
Corporalion; and (vi) the Building Rules and olher rules am: regulations Clcioptee! pursuani
.1'1';1 ;),;,;,',,,
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ANNEXB
thereto, as these instruments may be amended from tIme to time. The acceptance of a
deed of conveyance, or the entering into a lease or mortgage contracts, or the occ\.Jpancy
of any unit, shall constitute an acceptance to be bOL:ild by the provisici1s of such
. 98'Jerning rules, as they may be amended from time to time. The provisions c8ntained in
such governing rules shall be covenants running with ihe land and shall bind any person
having at any time any interest or estate in such unit, as though such provisions were
recited and fully stipulated in each deed, conve}'ance, lease or mortgage thereof.
Section 2.19 Obligations of SlIyers of Units Pending Transfer of Title
Any provision of this Master Deed to the contrary notwithstanding, the buyer of any
unit, from and after delivery date as defined in the sales contract pertaining to said unit,
shall observe all the conditions and restrictions as provided in this Master Deed, and shall
be liable for all risks of loss and damage to the unit (except those resulting from structural
defects), charges and fees for the utilities and services, taxes and other obligations and
C!ssessments appertaining to the unit pursuant to the Master Deed even if titis to the said
unit has not been transferred to the buyer thereof.
Section 2.20 Amendment
(
Te~mination
CJ
.J.
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CARLOS S. RUFINO
Senior VIce President
J'I'UJEC;
i (, ".:" i -.
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---.- ----_.
-ACKNOWLEDGMENT
____
NU_V~t.=--4.&..-;l=-:o:~9,-",,9_,_ _
00047602, issued, at Makali Cily on February 25, 1999, represenling the Fort Bonifacio
Development Corporation, kno'tlTl to me and to me kno'vVTI to be the same person who
executed the foregoing instrument, and \,e acknowledged to me that the same is !lis free
and voluntary act and deed, and that of the corporation he represents. The foregoing
instrument, which is a Masler Deed willi Restrictions consists of seventeen (17) pages,
in:::luding this whereon the acl~nowledgmenl is written, and is signed by the PARTY and its
instrumental witnesses.
.".
WITNESS MY HAND AND SEAL affixed on the dats and at the piace abovev."rjtten.
q ...
Doc. No.
i
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-;"?'
,age O. ..:.~:::o:--=,-_
Book No.
1Series of 1999.
CHARt:;:rl'
.A. MeRCADO
Nc..r~HY
PUBLIC
lin til J i. De::.. zooe
PHt 326452. 1 aQuig 04, Jar.. 9S
IElP ,,;,!!SSJ Q.:. Ot" Jar;. 95
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ANNEXB
Ih
levels. There shall be no noor identifIed as the [ounh (<1lh) and thirtecn~h (13 )
fioors on both towers.
(b) The PH.OJECT shall have.: a tOlul or loX condominium units as specified
Annex "B" and G support rucilill' units as sJlecified in Annex "e".
3)
Identification
1I1
"(b) Each condominium unit ~hall ililvc a designated parl~ing spucc(s) lOr sale Ie>
tlic condominium unit owner subject to Seclion 1.6(b)(i), Section 1.7(a) and eb)
hereof. The designated parking snace(sl for each condominium unit is' idemified
""
-:,
in Annex "Du.
4)
l1sc of Units
S~clion i .5('0) of
tk
t('o
re.ac as 101iows:
"(bi FBDC shall have the oprion of retaining ownersnip to six (6) SUppOrL facility
units, which it may designate to include, bu: the riesilmation of which is no:
limited to. toe following:
1.
Convenience Store
Deiicaressen i DrugslOr~
Hairdresser
.:;.
5.
Notwithstanding the foregoing, and during the period that FBDC retains
ownership of any designated sllppori facilily unit, FBDC mny; for a re~i()d .tl):ll i,
sh1lli declare, dcsiQnate an)' or aE such unils fo; anotheT desig.nated purpost" wiJici~
serves, or wilich i~ detcrn~ines to be Juvornole ior, til:: imeres! of 111(; Pf:OJECT.
til:.: Condominium CorporatiOlI LO b.; organiz::u in accordance WIll, tiJi~; Jvlaslcr
Deed, or the condominium owners in gene.a1.
5)
Commoll AI"cas
..... I!'OIl.:
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ANNEXB
"(a) The common areas of the PROJECT (hercinnfLcr, the "Common Arcas")
shall comprise all tne patts of BONlf ACIO RIDGE other than thc condol11ini um
units anci SllPPOl1 facility unit, including butllo! limited to the followinQ,:
xxx
xxx
(vii) Subject to Section 1.6(c), the entrance porch, main lobby, elevator lobbies,
multi-purpose function hall, and scating areas and areas of common USt; in thc
PROJECT;
xxx
13.
Pursuant to the requirements of section 1.11 of the Master Deed, the revised pian
indicating and specifying the change in the ciescription of the buildings (specifically the
change in tne identification of the buildings and the change in tbe number of support
iacility unils), and the change in the floor level d~signation, as stated ir, Section ~o.:
ilereo:, ciuly signed and acknowledged by FBDC, is auached and incorporaied here:.c> c~
Annex "B", anc., together \-viti! all the other annexes, is to be submitted with tois Secane
,Ll.menciment to the Master Deed, for filing with the Registry of Deeds fo, the hovinc!': or
Rizal.
C.
or
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ANN,EX B
"-
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FOR~ONIFACI':\~'~J~)~LOI'MENT CORP.
t?-
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Head of COlpZ/l rei
~e., ~~\
N~ VA \
BERNARD O.
CARLOS O.
I Operations
c!r:tJ
CJACKNO'\\'LEDGEMENT
CARLOS O. NA VA
CTCNo.
20830379
2147899:
Issued a::
Makati Ci,y
Quezon City
II /
Do:. No.
F<l~~ lo,/o.
Bo~i:
'..:~L
'to'!;
ITf:.;
No.
SCrl~S of 2003
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U.\,TIL. UECO r.i( 31; 200}
PTIl li'ull.l.i7
r~sL'l.:n .L\:;. j, lOry}
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ANNEXB
FIRST AMENDMENT TO THE MASTER DEED
OF THE BONIFACIO RIDGE PROJECT
I(NOW ALL MEN BY THESE PRESENTS:
This First Amendment to the Master Deed of the Bonifacio Ridge Project,
dated
(hereinafter referred to as this "First Amendment to the
Master Deed"), made and executed in Taguig, Metro Manila, by:
WITNESSETH:
WHEREAS, on 06 December 1999, FBDe filed 'Nith ths Registry of Deeds for
the Province of Rizal, the "Master Deed 'Nith Declaration of Restrictions of Bonifacio
Ridge Project" (hereinafter referred to as the "Master Deed"), entered thereat as
Entry No. 5663, Volume 106, Time 3:24, and which document is likewise entered in
the notarial registry of Atty. Charles P.A. Mercado on 2Lt November 1999, as Doc.
No. 467, Page No. 33, Book No. I, Series of 1999;
WHEREAS, section 1.7(a) of the Master Deed specifies 307 parking slots for
the Bonifacio Ridge Condominium Project of the FBDC (hereinafter referred io as
thE: "Project");
WHEREAS, FBDC desires to amend the specified number of par~\.ing slots
and the corresponding plan therefor, and to increase the same to 383 parking slots;
WHEREAS, the master Deed, in its seclion 1.11 provides the procedure for
the amendment of the Master Deed, and reserves to FBDe the right to amend the
same;
NOW THEREFORE, fo, and in consideration of the foregoing stipulations,
t=BDC hereby makes manifest the first amendment to ttle Master Deed, as rolloV\'S:
Section 1
Trlere shall be a total of 3B3 car parking spaces in thE: PROJeCT (as
of 1.t August 2000j."
Q/
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ANNEXB
Section 2
Deed
Section 3
3.1
Prospective Effects
I
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By:
./ . ..:Z.J-- .
r~'
" /(jrJOSE M . K. LIM
Senior Vice President
and Chief Finance Officer
CARLOS S. RUFlNO
Senior Vice President
Commercial Operations I
hrsl Amcllrimr:nI
lC)
Iii .
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- ---
ANNEXB
ACKNOWLEDGMENT
REPUBLlCbF THE PHILIPPINES
MAKATI, METRO MANILA
)
) S.S.
BEFORE ME, a Notary Public for and in Makati City, Metro Manila on this da)' .
of
SEP 2 6 2001
, personally
CTC No.:
CARLOS S. RUFINO
issued at:
Makati City
Tagui9, M.M.
64107481
09226962
on:
15 January 2001
07 March 2001
both for the Fort Bonifacio Development Corporation, and both known to me and to
me known to be the same persons who executed the foregoing instrument, and they
acknowledged to me that the same is their free and voiuntary act and deed, and that
of the corporation they duly represent. The foregoing instrument, which is a First
Amendment to the Master Deed of the Bonifacio Ridge Project, consists of three (3)
pages, including this whereon the acknowledgment is written, and is signed by them
and their instrumental witnesses on each and every page thereof.
WITNESS MY HAND AND SEAL affixed on the date and at the piace above'Nritten.
Doc. No. 61~
Page No. 3J:;; ;
Bool< No.
.lSeries of 2001 .
/J~~ ~
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"
FirSi Amemimem
Iii
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...
-_.-.- -
------
ANNEXB
FORT
BONIFACIO
DEVELOPJ'vIENT
CORPORA TIOT\,
n
corporation dllly organiz::.J anc! existing under and by virtue of Philiopine
laws, with offices at Bani facio Centre, Fort Boniiacio, Taguig, Metro
J",bnila, represented by its HeiJd for Commercial Operations, MR.
BERNARD O. DY, and its Chief Finance Officer, MR. CARLOS O.
N.~.VA, (hereinafter referred to as "FBDC").
WITNESSETH:
WHER.EAS, on 06 December J 999, FDDC fii::d \.\"i'.h tile R:;gisl:Y 0: ;)eeC:5 fo~
liie Province 0; Rizal, tbe "j\'laster Deed 'with Deciaration of Resuictions 0: Bonifacio
Ricige Project" (hereinafter referred to
the "1\,lastc, Decd"\ entered therca: as ::mry
No. 5663, Volume 106, Time 3:24, anJ which documem is likewise entered in tbe
notarial registry of Atty. Charles P.A. M::.rcatio on 24 )\iovcmbe. 1999, as Do:. 1'-io. 46"7,
Page No. 33, Book Nu. I, Series of 1999;
as
WIIEHEAS, on I:; .llll~ ~O(ll, FlJDC n::collii~tlr~d til:: 5uixijvision 01 th,' 1(11
pl;JJ1s ()r til:: :lhnvc.:mcJlli(lII(d p:lr~..:i:;
1;111(\: (;;lllc;t:d the' :;;1I1~:::II;!II()r) u!' Tlli:' i~u:,. :; ~::'~/li
,me.! :; i~SCI; allei \'iii:; i:;~;uL!d ill rCpiilCL!nlClll til tile -':i1llct:lIt:(! 'lr:llIsft:r C.;niilcat:.::,
Tllic~ .
or
or
.---- ...
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ANNEXB
Transfer Cenifieates of Title Nos. 37539 and 37540 by the Registry of Deeds [or the
Province of Rizal.
'WHEREAS, under Section 1.11, FDDC reserved the right to amend ill any lime
the developmcnt plans for the Project, and the right to amend, revise or revoke tbe Master
Deed by registration with the Registry of Deeds for the Province of Riz.al of an
instrument duly execuled by FBDC.
VlIlEREAS, FBDC intcnds to amend tbe development plans for the Project and
LO amend, modify and revise certain provisions of the Masler Deed for tbe purpose
of
making the sanie conform to the development plans for the Project;
Amended Provisions
1)
2i
Amendment to
th~'
T>csc)-iptiol1 of Buildings
D~ed
Tilt PIZOJECT shall huve \W(, (21 LOwers Wi1i::i; shall '0:.: kllClI..vn ror Iii,::
rurpose of tbis jl-!.aSlef Deed as ('vnr~ss Pnine Towe, and Spanish Fla'! lowe. anci
indic:ned in the iocation map attached herCI(, and m~(k arl illlt:~r"i p:.:rt hereof <.1:-.
/Innc:.: "jl", C\'nrcs~ I"oin', l(lIve, und Sn,lllisil 1:\:1\' Tllwcr :;hi.llll)~ ci~hlcCii-I~'\:':!
blli\din~:; ~xclusivc
lh~' bascllle.ll~ ~lllcl grOlIfiG i~'\'~L and mt:chLl.IllC~: pcntilCltls':
"(0)
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