Common Areas & Partition Rules
Understand why common areas cannot be divided, and the strict conditions under which a condominium project can be partitioned and sold as a whole under RA 4726.
Common Areas Remain Undivided
“Except as provided in the following section, the common areas shall remain undivided, and there shall be no judicial partition thereof.”
What This Means
This is a fundamental rule: common areas cannot be divided among individual unit owners. No owner can go to court and demand their "share" of the lobby, hallways, or land be physically separated and given to them. This makes sense. you cannot physically divide an elevator shaft or a stairway. The common areas must remain shared for the building to function. The only exception is partition by sale of the ENTIRE project under strict conditions in Section 8.
- Common areas can NEVER be judicially partitioned (divided up)
- No individual owner can demand their "share" be separated
- This is absolute. not even a court can order partition of common areas alone
- Only exception: partition by sale of the entire project (Section 8)
- This rule preserves the functional integrity of the building
Real-World Scenario
A unit owner who holds 5% interest in common areas demands that the condominium corporation give her exclusive control over 5% of the parking lot, claiming it is "her share" of the common areas. She threatens to file a court action for partition.
Can the owner succeed in a partition action?
When the Entire Project Can Be Sold
“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:”
What This Means
While common areas alone cannot be partitioned, the ENTIRE project can be sold as a whole. but only under extreme circumstances. This is the exit mechanism when a condominium project can no longer function. Upon partition by sale, all owners are treated as co-owners of the whole project in proportion to their common area interests. The proceeds are then divided proportionally. This is essentially the "dissolution" of the condominium regime, converting all separate interests back into shared interests in the whole property.
- Any one or more owners can file an action for partition by sale
- The ENTIRE project is sold as one. not individual units
- Proceeds are divided based on each owner's interest in common areas
- This dissolves the condominium regime
- Only allowed under the strict conditions enumerated in Section 8
Real-World Scenario
A 40-year-old condominium building has deteriorating structure. 60% of unit owners want to sell the entire building to a new developer who will demolish and rebuild. 40% of owners refuse to sell. The majority files a partition action.
Can the majority force a sale of the entire project?
Strict Conditions for Partition
“(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.”
What This Means
Partition by sale is only allowed under five specific conditions: (a) 3 years after material damage with no rebuilding; (b) 50%+ units untenantable AND 30%+ owners oppose repair; (c) building is 50+ years old, obsolete AND 50%+ owners oppose renovation; (d) condemned/expropriated AND no longer viable or 70%+ oppose continuation; (e) conditions in the declaration of restrictions are met. Each condition has its own threshold. the more drastic the action, the higher the required owner opposition percentage.
- 3-year unrebuilt damage: no owner opposition percentage needed
- 50%+ untenantable: only 30%+ opposition required
- 50+ years obsolete: requires 50%+ opposition
- Condemned/expropriated: requires 70%+ opposition for continuation
- Declaration of restrictions can set additional partition conditions
Real-World Scenario
A major earthquake damages a condominium building. An engineering report shows that 55% of units are untenantable. 25% of unit owners (by common area interest) oppose rebuilding, preferring to sell the entire project. The remaining 75% want to rebuild.
Can the 25% opposed force a partition by sale?
Frequently Asked Questions
Can I demand my share of the condominium's common areas?
No. Section 7 states common areas "shall remain undivided, and there shall be no judicial partition thereof." Your interest is an undivided share. you can use common areas proportionally but cannot claim exclusive ownership of any specific portion.
When can a condominium building be sold as a whole?
Only under the strict conditions in Section 8: (a) material damage unrebuilt for 3 years; (b) 50%+ units untenantable with 30%+ owners opposed to repair; (c) 50+ years old and obsolete with 50%+ opposition; (d) condemned/expropriated with 70%+ opposition; or (e) conditions in the declaration of restrictions are met.
How old does a condo building need to be before it can be forced into sale?
At least 50 years. Under Section 8(c), the building must be "in existence in excess of fifty years" AND be "obsolete and uneconomic" AND have more than 50% of owners opposed to repair/modernization. All three conditions must be met simultaneously.