The Legal Side of Real Estate

[rocco69]

you could demolish the improvement on the property. that lowers it value , ergo, lower property tax. :evil:

 

Unfortunately, there isn't any.

[Ninong2]

Is there a "legal" way to lower property tax?

 

make it involved into religious activities (such as chapel, recollection site) or into charitable activities (like hospicio de san jose)... it means that you have no gain (no income) from your properties.... :thumbsupsmiley:

[Ninong2]

mga sirs, is there any legal action against developer who are delaying / failed to turn over the uniut/s to the buyers??? help naman po...

[rocco69]

also, if the property is devoted ACTUALLY, DIRECTLY, AND EXCLUSIVELY for educational purposes (see Art. 234, Local Government Code)

 

 

make it involved into religious activities (such as chapel, recollection site) or into charitable activities (like hospicio de san jose)... it means that you have no gain (no income) from your properties.... :thumbsupsmiley:

[TheSmilingBandit]

you could demolish the improvement on the property. that lowers it value , ergo, lower property tax. :evil:

Well then he needs a demolition permit, then he has to pay for the demolishment, then he has to file with the assessors office for the nullification of the improvements, then he needs to get a certification of no improvement. All in all, its only worth it if the improvement is dilapidated.

 

mga sirs, is there any legal action against developer who are delaying / failed to turn over the uniut/s to the buyers??? help naman po...

You could file a complaint with the HLURB. Here is the link: http://www.hlurb.gov.ph/page/services

make it involved into religious activities (such as chapel, recollection site) or into charitable activities (like hospicio de san jose)... it means that you have no gain (no income) from your properties.... :thumbsupsmiley:

also, if the property is devoted ACTUALLY, DIRECTLY, AND EXCLUSIVELY for educational purposes (see Art. 234, Local Government Code)

I'm sure he would like to have the use of his property, on the other hand, I could be wrong.

[Ninong2]

Thank you TheSmilingBandit

Edited January 28, 2010 by Ninong2

[satisfier69]

What seems to be your boggle and concern?

Hi TheSmilingBandit,

 

Thanks for the interest in hearing my concerns. They’re mostly on the utility rates, association dues and other monthly billing charges being collected by the condominium administration which is usually a third-party tasked by the condominium project owners or developers.

 

1. Is there a prescribed (regulated) formula in computing the rate (per square meter) of the association dues?

 

2. What about for the power and water utilities which usually differs from how the cable TV bill is computed. For the cable TV billing, we get the actual rate being charged by the company across all of its customers whether they are installed in a condominium unit or not.

 

3. Is it legal for the administration to charge penalties for late payment of these monthly charges? Is there a prescribed (regulated) formula for the computation of the penalties as well?

 

These are my immediate concerns for now.

 

Thanks again.

[TheSmilingBandit]

Hi TheSmilingBandit,

 

Thanks for the interest in hearing my concerns. They're mostly on the utility rates, association dues and other monthly billing charges being collected by the condominium administration which is usually a third-party tasked by the condominium project owners or developers.

 

1. Is there a prescribed (regulated) formula in computing the rate (per square meter) of the association dues?

 

2. What about for the power and water utilities which usually differs from how the cable TV bill is computed. For the cable TV billing, we get the actual rate being charged by the company across all of its customers whether they are installed in a condominium unit or not.

 

3. Is it legal for the administration to charge penalties for late payment of these monthly charges? Is there a prescribed (regulated) formula for the computation of the penalties as well?

 

These are my immediate concerns for now.

 

Thanks again.

Technically the condominium administrations are run by the condominium associations which are elected by the unit owners. Association dues are for the maintenance of the common areas. Power usage is normally done by individual meters (or submeters) and these have to be properly billed by Meralco, likewise the water usage is billed by Manila Water (or the other company). Cable should only be charged if and when you actually have a connection, I've never heard of any condo that charges for cable billing when there is no cable connection, check if the cable connection was active, in several of the developments it was part of the package to install a cable connection. For late payments, there is usually no surcharge or penalty assessed by the cable company other than cutting your connection. Perhaps the association payed off the amounts due to the cable and decided to charge you a penalty for that, best to ask for the exact computation and bring that to a lawyer for checking, I hope that I've answered your question?

 

For #3, which penalties for what monthly charges? Cable or monthly dues?

[tonsi]

Mga sirs patulong naman, I saw a property for sale sa banko kaso me remark na "no tax declaration on improvement" on file and property still being use by owner. What does this mean? Mahirap ba bilhin ito pag me ganitong problema?

 

Thank in advance

[TheSmilingBandit]

Mga sirs patulong naman, I saw a property for sale sa banko kaso me remark na "no tax declaration on improvement" on file and property still being use by owner. What does this mean? Mahirap ba bilhin ito pag me ganitong problema?

 

Thank in advance

Generally that means that there is a problem with the bank's forclosure and that there may be a court case still pending on the property. My advice is to ask the bank about it.

[tonsi]

Thanks Bro for the answer :thumbsupsmiley:

[TheSmilingBandit]

Thanks Bro for the answer :thumbsupsmiley:

 

By the way, if they even mention the term 'les pendis', don't bother buying the property unless that has been cleared up.

[Dr_PepPeR]

By the way, if they even mention the term 'les pendis', don't bother buying the property unless that has been cleared up.

 

Maester TSB means 'lis pendens' or that the property is subject to litigation.

[satisfier69]

Technically the condominium administrations are run by the condominium associations which are elected by the unit owners. Association dues are for the maintenance of the common areas. Power usage is normally done by individual meters (or submeters) and these have to be properly billed by Meralco, likewise the water usage is billed by Manila Water (or the other company). Cable should only be charged if and when you actually have a connection, I've never heard of any condo that charges for cable billing when there is no cable connection, check if the cable connection was active, in several of the developments it was part of the package to install a cable connection. For late payments, there is usually no surcharge or penalty assessed by the cable company other than cutting your connection. Perhaps the association payed off the amounts due to the cable and decided to charge you a penalty for that, best to ask for the exact computation and bring that to a lawyer for checking, I hope that I've answered your question?

 

For #3, which penalties for what monthly charges? Cable or monthly dues?

Hi TheSmilingBandit,

 

Thanks for your time in responding to my inquiries. Basically, my question boils down to the legality or the regulation of the computation of the association dues and the penalties involved by the condominium administration. I also have the same inquiry regarding the rates being charged by the administration for the electric and water bills even if it's measured by individual submeter since it is different from the prescribed residential/commercial rates in our area.

 

Is there a law or regulation that can protect the unit owners/residents/tenants against unfair rates, being charged for non-existing facilities and other unjust practices that the administration can take advantage of? Or is it a really private contract between the administration and the owners/residents/tenants as long as the election or creation of the condominium administration is legal (i.e.: elected by the unit owners themselves).

 

Thanks again for your time. Have a good day ahead.

[TheSmilingBandit]

Maester TSB means 'lis pendens' or that the property is subject to litigation.

Mea culpa, at least I didn't go all the way ahead and call it 'le penis' LOL.

 

Hi TheSmilingBandit,

 

Thanks for your time in responding to my inquiries. Basically, my question boils down to the legality or the regulation of the computation of the association dues and the penalties involved by the condominium administration. I also have the same inquiry regarding the rates being charged by the administration for the electric and water bills even if it's measured by individual submeter since it is different from the prescribed residential/commercial rates in our area.

 

Is there a law or regulation that can protect the unit owners/residents/tenants against unfair rates, being charged for non-existing facilities and other unjust practices that the administration can take advantage of? Or is it a really private contract between the administration and the owners/residents/tenants as long as the election or creation of the condominium administration is legal (i.e.: elected by the unit owners themselves).

 

Thanks again for your time. Have a good day ahead.

Its pretty much a private contract, however, if you truly feel that the practices are unjust you could sue the association. It might be better to ask your neighbors to see what their opinions are about the aforementioned practices.