Refute when the condo size doesn’t compute
Posted by resident
If you recently bought a condo unit and it says in the contract that it has an area of 50 square meters but the title indicates an area of only 49 square meters, then you have been ’shortchanged’.
According to Mike Denava, legal officer of the Housing and Land Use Regulatory Board, discrepancies like this cannot be avoided. If condo buyers encounter this problem, the following steps should be considered:
- The unit owner may choose a refund of the excess payment or demand the developer to correct the size of the unit. If there’s no possibility to adjust the unit physically, then ask for the refund.
- The owner should also review the master deed of restrictions. This deed stipulated the rights and obligations of both parties—developer and buyer—such as what belongs to the common area or up to what point belongs to the unit owner.
- If it turns out that the measurement is short, follow suggestion number 1. Denava explained that should a conflict arise between a developer choosing to refund the excess payment and a buyer demanding the unit be readjusted physically, the settlement of the case would take longer. ‘The HLURB, being the quasi-judicial agency, would have to decide on the issue,’ he said.
- The unit owner can file a complaint with the HLURB and the agency can conduct an ocular inspection upon the unit owner’s request. The HLURB’s authorized engineers (technical services unit) can then conduct actual measurements of the unit. Afterward, what is indicated in the title would be followed.
- The standard way of measuring the unit is to measure from one face of the wall up to the other face of the wall, according to Section 6 of the Condominium Act or Republic Act 4726. This is unless otherwise expressly declared on the master deed of restrictions, said engineer Octavio Canta, head of HLURB technical services.
- Can unit owners have an independent technical body measure the unit? Denava said the HLURB cannot assure owners that the findings of an independent body would be acceptable or conclusive for HLURB.
If you want to file a complaint or need further information, you may contact HLURB at 9273061
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