8/18/2019 WRCC Master Deed Pg 2 of 4Master Deed and Declaration of Restrictions for Wind Residences page 2 of 4

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 i) all hallways, sta irways , corridors, walkways. driveways, and installations for all conveniences and or utility ser vices in the commercial portion of the building/tower. It is understood that though

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DECLARANT and Developer to ensure safety and security of the Project.

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a ll installations for utility services such as telephone lines, sewerage, drainage and waterlines including all oull.ets, pipes, ducts, wires cables, and conduits, fire alarm used in connection therewith,

which a re u tilized for or serve more than one commercial (1) unit and al l c ommon utility spaces and area s w ithin the commercial portions of each building/tower; and

(k) the other par ts o f the land and the building and their equipment the re in destined for common use or necessary and convenient for the existence, maintenance or safety of the commercia l p or ti ons of

the Pro ject and lo r each building/tower.

SECTION 6. The Commercial Units/Areas

Th e commercial units/areas of the Project shall pertain to Forty (40) units on the Upper Ground Floor of the buildings/towers of the Project. The commercial units/areas, commercial unit owners and occupants and

commercial parking slots are not subject to this MASTER DEED. The DECLARANT as the developer of the Project and Owner of the Commercial units/areas and commercial parking slots shall have and reserves the exclusive

right and authority to manage and administer the commercial units/areas and commercial parking slots, including, but not limited to , the right to designate a t hird party to manage or administer said commercial areas , commercial

units and commercial parking slots and the right to adopt , formulate, implement or impose such restrictions, limitations, rules and regulations regarding the enjoyment, use and occupancy thereof, even after turn-over of the

Project to the Condominium Corporation.

SECTION 7. The Condominium Corporation

The DECLARANT shall form and organize the condominium corporation (the "Corporation") in consideration of this MASTER DEED, pursuant to the provisions oft he Condominium Act and the Corporation Code

of the Philippi nes (B.P. B1 . 68) for the purpose of holding the title to all General and Limited Common Areas, managing the Project and for such other purposes as may be necessary, incidental or convenient to the accomplish-

ment of said purposes.

Prior to the organization of the Corporation, the DECLARANT shall exercise all powers of the Corporation. Unless otherwise provided herein or in the Ar ticles oflncorporation, By Laws and other pertinent docu-

ments, efter the organization and incorporation of the Corporation, all powers of the DECLARANT as herein provided. that reasonably pertains to the Corporation, unless otherwise provided, shall now be exercised by the

Corporation. .

Board ofTrJs e;,o;h l  a i n  r l s : r  it  Jh v s :t ce  tii  ,Sti  :  j lcf.fJ hs   a a t  ; v I ;  ;r  : e  lt  I h:   i  ng  u  l  I e s  f e ; r  ;  di l eA ti  ) ; l  %   i 

its By-Laws and its plan of operation and such applicable power or authority as defined in this MASTER DEED.

Corollary to such power and authority is the power to enforce the said applicable provisions, conditions, rules and regulations and, ifneccssary, to compel compliance therewith for the common benefit. The Corpora-

tion may impose fines and penalties for non-compliance andlor violation of said provisions without prejudice to tho se f ines andlor penalties provided for by substantive laws. As a matter of policy and/or standard, the above cited

authorities shall not be understood, implied, or construed to grant the Corporation the power or authority to conduct a business or make profit or gain advantage to any or all of the members ofthe Corporation. Th e Co rporation

may engage managerial, legal, auditing, accounting and other professional and technical se rv ices or employ such personnel and o thers in the manner provided for in i ts By-Laws.

All unit owners in the Project shall automatically be members of the Corporation and such membership being a m ere appurtenance of the unit cannot be transferred, conveyed, alienated or disposed of independently

or separately from the unit itself. A transfer of ownership carries with it the transfer of membership in the Corporation. Membership is mandatory for unit owners and this requirement and the obligation attached thereto shall

constitute a lien on the unit, which shall be registered at the back of the owner's condominium title. The interest of each unit owne r in the Corporation shall be equal to his appurtenant unit's share, a s s et forth herein. Such interest

cannot be assigned, hypothecated or transferred in any manner by a member except as al l appurtenance to hIS urut and subject to this MASTER DEED.

Since only natural persons can be members of the Board of Trustees, Juridical persons such as corporations or partnerships owning units in the Condominium may formally assign its rights and interests to a person

oflegal age as its at torney-in-fact and shall, for purposes of participating in the affairs of the Corporation, represent such unit as if he is the owner and shall attend meetings, vote and be voted for as Trustee ofthe Corporation.

unit are enti I  tv t   n e j  r1 h sef n;n  a  iR   ' o g  I Cso :o h  env  fn r llea: t  Ife° OP';1s i  J i  t ( l  t h t lC ti .iuI c ; a IC p  v a  i  nO ht: i   : no : ir i  

entitled to have voting rights only for t he purpose of organizing the Corporation. Thereafter, such incorporators losc their voting rights unless they subsequently become unit owners, or unless they do so as the representative or

nominee of the DECLARANT, the latter being the legal  w ner of units that remains in its name. The value of the vote of a unit owner is equal to his proprietary interest and in the election of the member of the Board of Trustees.

Cumulative voting shall be appl ted . The vote value appltcable to the total number may be cumulatively applted to onl y one Trustee or the number that the member may decide to give his vote.

In case of co-ownership, the co-owners shall collectively be entitled to such number of votes as their respective equity interest combined could muster. In the absence ofa proxy from the other co-owners, a co-owner

can vete only his interest in the unit. In the absence of proof to the contrary, the interest of all co-owners in the unit shall be equal.

The term of the Corporation shall be co-terminus with the duration of the Project. Nevertheless, the Corporation may be dissolved by the affirmative vote of all the members thereof at a meeting duly called for the

purpose in accordance with the requirements of pertinent laws. In the event that the Corporation is dissolved, the members thereof shall be come co-owners of the common areas, with equity interest thereto corresponding 10 their

respective equity interest in the Corporation.

SECTION 8. Property Rights of Unit Owners.

Upon full payment of the purchase price ofa unit, the unit owner shall acquire title to and ownership of the unit, s ub ject to the t erms and conditions of the instrument conveying such unit from the DECLARANT to

such unit owner and to the terms and conditions of a ny subsequent conveyance under which the unit owner takes title to the unit and subject further to this MASTER DEED. All unsold units and parking slots and all units and

parking slots not yet fully paid for shall pertain to and be owned exclusively by the DECLARANT, and may be disposed of, leased or used by DECLARANT in a manner it deems best. Further, all rights under this MASTER

DEED pertaining to all unsold, not f I Y p aid units 0T those purchased on installment, whether residential o r commercial, and parking slots shall be exercised by the DEVELOPER until the purchase price and all taxes, charges,

fees arc fully paid and title to the urut IS transferred III the name of the purchaser or buyer thereof.

Except as otherwise provided in Se ction 5 (Common Areas) or elsewhere in this Master Deed, each owner shall have the right to use the common areas and facilities constructed thereon. Such right shall be appur-

tenant to, and shall pass with, the title to every unit, subject to the following rights of the Corporation.

(a) The right of the Corporation to establish reasonable rules and regulations pertaining to the use of the common areas;

(b) The right of the Corporation, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the common areas;

(c) The right of the Corporation to suspend or restrict the right to use the common areas by an owner, for any period during which any assessment against his unit remains unpaid and delinquent; and

(d) The right of the Corporation to t ransfer all or any part of the common areas to any public agency, authority or utility subject to such conditions as may b e agreed upon by the members. No such transfer shall be

effective unless approved by 2/3 votes of the members.

SECTION 9. Ob ligat ion s of Unit Owners.

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A subsequent purchaser, notwithstanding the pendency of transfer of title of ownership, may already enjoy the use and benefit of the unit as well as responsibility on the payment of dues provided in c as e offailure ofthe transac-

tion, the registered owner (seller) shall assume any liability of dues of the unit.

SEcnON 10. Exten t o f In te rest and Obligat ions of Uni t Owners.

The unit owner shall acquire title to or ownership of such unit, subject to the terms and conditions of the instrument conveying the unit from the DECLARANT to such unit owner and to the terms and conditions

of any subsequent conveyance under which the unit owner takes title to the unit, and subject further to this MASTER DEED as well as any amendment or supplement thereto. Before others acquire a unit, the

same shall pertain to and b e owned exclusively by t he DECLARANT subject to the terms of this MASTER DEED as well as any amendment or supplement thereto.

(b) The unit owner who also acquires a parking slot or whose unit has a balcony shall have the use of the parking slot and balcony and his interest in the Project is increased by the value of the percentage allocated

to the parking slot and the balcony.

(c) To ar rive at an equitable participation in the Corporation and a s b asis to determine eontribution.of dues, the units as well as parking slots and balcony are considered in the computation.

(d) From the time the building is used, activated, partially or in whole, and servicing of common areas is already implemented as i t is i ntended, to include janitorial, security, power, water and other related expenses,

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of paying dues to the unit occupant  tenant by means of a written contract provided due notice to the Corporation and building administration is given. However, in case of failure to collect from such occupant

/ tenant, the unit owner is still liable and obligated to pay such dues.

(e) The appurtenance interest and obligations of residential units in the Corporation shall be as follows:

(a)

Percentage of Interest

in the condominium

Corporation/Project

Floor Area of Residential Unit Owned

(including parking slot and/or balcony)

Total Area of all Residential Units in the Project

(including parking slot and/or balcony)'

SECTION 11. Notice of Lien o r Su it .

An owner shall give written notice to the Corporation of every lien upon his unit or rights thereto (other than liens in favor of the Corporation) within five (5) days after knowledge by the unit owner of such lien.

The owner shall give written notice to the Corporation of every suit or other proceedings, which may affect the title to h is unit or right s t he reto within five (5) days after the owner acquires knowledge thereof.

SECTION 12. Sale, Mor tgage and/or Lease.

Each unit owner shall have the absolute right to sell, transfer, assign, conveyor dispose of his unit, provided, however, that no such sale, transfer, assignment, conveyance or disposition of the unit shall be allowed

without full settlement or u&dating of all obligations due and accounts payable and outstanding to the DECLARANT and/or the Corporation. In all cases the unit owner intending to sell MUST first o ff er the unit in writing to

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Provided further, that no transfer of any unit shall be binding upon the Corporation unless accompanied by a certificate is sued by the Corporation and signed by an authorized off icer ther eof upon payment of a reason-

able processing fees, that such transfer is in accordance with the provisions of the Condominium Act and this MASTER DEED, and that all fees and assessments on the unit subject of the sale have been fully paid.

Any unit owner may mortgage or lease his unit to any person, provided such mortgage or lease shall not free or relieve the owner from compliance with his obligation as such under the Condominium Act, this

MASTER DEED and such amendment or supplement thereto, the Articles oflncorporation and By-Laws of the Corporation and the documents under which he acquired the unit (the "Constitutive Documents"). The unit owner

is obliged to impose upon the mortgagee or lessee the obligation to be c ontractually bound by the terms, conditions, and provisions of the Constitutive Documents. In all instances, the mortgagee or lessee shall be deemed privy

to the Constitutive Documents and shall be bound by the terms and conditions thereof notwithstanding any agreement to the contrary.

five (5) daysE:r  u

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supplements or revisions, the Articles of Incorporation and By-Laws of the Corporation and the House Rules.

In case the unit owner is delinquent in the payment of any assessment, including any interest or penalties thereon, the Corporation may require the lessee of any leased unit to remit or pay any and all of the rentals

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from the lessee.

SECTION 13. Options in Ca se s o f Invo lun tary Dissolution.

The Corporation shall have the option to decide, by a 2/3 vote of the members in a regular or special meeting duly called for the purpose, whether or not to convert their interest or participation into an undivided

co-ownership in the common areas or to sell and dispose the entire Project as a whole, including their separate interest in the units therein, before dissolution and liquidation of the Corporation in cases provided by law.

SECTION 14. Other Developments

The DECLARANT or its successor-in-interest, without need to obtain the consent or approval of the Corporation or the Unit Owners, shall have the option to expand or annex additional parcels ofland or develop-

rnents to the Property and/or Project, introduce, correct or add new structures, provisions and improvements and to interconnect the same to adjacent condominium projects, other projects or structures built by the DECLARANT

or otherwise, or which may be built or put up i n the future by the Developer or otherwise, but with the consent of the Developer. This includes the construction of bridgeways, walkways or other structures to interconnect the

buildings and/or Project, as well as any future developments or projects. Pursuant thereto, the DECLARANT shall have the right to utilize any roadway, easement, utilities, drainage and sewage systems, and such other necessary

facilities, in the Project, without any charge or compensation, in the course of its expansion or future development. As an option of the DECLARANT, the expanded property or the annexed project mayor may not be considered

to be covered by the same Corporation, or by this MASTER DEED AND DECLARATION OF RESTRICTIONS, or entity handling the Project that may be sold, developed, or alienated separately from the Project.

Share in the ass ociation dues and other assessments, charges or expenses as well as the amounts thereof shall be determined by the DECLARANT.

SECTION 15. Right Of Way , Access and Use

The DECLARANT, its assignees, transferees, and successors-in-interest, without need to obtain the consent or approval of the Corporation or the Unit Owners, shall have uninterrupted and perpetual right o f way,

access and use over the roads, road system and network, other structures, installations and improvements for power, water, cable, telephone, drainage, sewage and other utility services and facilities in the Project without neces-

sity of executing any papers and documents to implement said purpose. The DECLARANT may transfer or assign to other parties the right of way, access and use granted herein without the prior consent or a pproval of the

Corporation or the Unit Owners.

The said right of way, access and use granted herein shall be without charge or compensation and shall apply to other projects or developments as contemplated in Section 14 hereof.

SECTION 16. Scope and Coverage.

The Declaration of Restrictions herein stated, may, from time to time be amended and shall embody such limitation, easement, covenant, undertaking and condition as may be required or permitted by the Corporation

or the MASTER DEED as herein provided subject to the exceptions which may be expressly set forth in the Condominium Act and in t he MASTER DEED as he re in stated; provided, said limitations, easements, covenants,

undertakings and conditions shall be deemed to run with the Project.

The Project shall be held, conveyed, encumbered, leased, used, occupied, maintained and improved subject to the exceptions, conditions, limitations, restrictions, and covenants found in this MASTER DEED. The limita-

tions, restrictions, covenants and conditions contained herein shall be effective for the duration of the Project and shall be binding upon all owners, occupants, and o th er persons holding or acquiring any title, right or interest in

the Project.

PART II

DECLARATION OF RESTRICTIONS

Whenever applicable and appropriate, the term "unit" shall refer to the residential condominium unit and/or the residential parking slots. Further, whenever applicable and appropriate. the owners of the residential units

and residential parking slots shal comply with the provisions, terms and conditions, limitations stated in this Master Deed. Commercial unit owners , commercial unit occupants and commercial parking slots are no t s ub je ct t o

this Master Deed. Finally, any reference to the unit owner in this MASTER DEED shall likewise pertain to the buyer of a unit on installment basis.

SECTION 17. Subdivision , Parti tion or Con so li dat io n of Un it ,

No unit owner shall construct or erect any additional door, wall, floor, or any other structure within the unit except to the extent allowed under this MASTER DEED. No exterior addition to, nor any change or altcra-

tion of the unit shall be made unless the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to and first approved in writing by the Corporation.

No residential unit shall be subdivided into smaller units nor shall such unit be p artttioned either judicially, among the co-owners thereof except by sale of the entire unit and distribution ofthe proceeds thereof. Two

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h IIG  ed  i ;r  c  'rFtf  ig ; h hc   i . lting unit after the subdivision shall be identical in all

SECTION 18. Limitation on the use of Units and Common Areas.

Subject to the provisions of Sections 4 (Parking Slots), 5 (Common Are as) and 6 (Commercial Units/Areas) hereof, the unit, its appurtenant area, arid the c ommon areas shall be o ccupied and used subject to the

following limitations:

(a) No unit owner shall occuPy or use the unit for any purpose other than that for which it was originally intended. For the residential unit, it shall be used exclusively and solely for residence or dwelling.

(b) The maximum number of occupants per unit in any instance shall not be more than three (3) for a 20 sq. m. unit; five (5) for a 40 sq. m. uni t; and eight (8) for a 60 sq. m. unit.

(c) Any business or commercial activity shall be conducted only in the commercial units, commercial areas or in other areas as may be designated by the DECLARANT. No business or commercial activity shall

be conducted in other f0rtions the re of except in the gazebo, which must be operated and maintained solely by the Corporation.

(d) Every unit owner shal be obliged to keep and maintain the unit and its appurtenant area in good and sanitary condition and repair at al l t imes. No noxious substance shall be kept nor immoral, improper, of-

fensive or unlawful activity shall be carr ied on in the unit, its appurtenant area and common areas, nor shall any irritating or loud noise emanate there from or any th in g be done therein which may be or become

an annoyance or nuisance to the other unit owners. No clothes or laundry items shall be hung or dried by the doors, windows, corridor, lobby, common areas or in any other place as will expose them to public

view. No rubbish, refuse, or garbage shall be allowed to accumulate nor anything which constitutes a fire hazar d be allowed to exist in any part of the Project.

(e) No use or practice shall be permitt ed in any part of the Project which may be the source of grave annoyance to occupants therein or which may s everely interfere with the peaceful possession and proper use of

the units in the Project by the occupants, except when such use or pract ice is inherent in the very nature ofa particular unit or common area. The DECLARANT may, however, use any part of the Project, except

sold units, in completing the construction of the Project and in marketing any of the unsold uni ts. Thus, DECLARANT shall be authorized to maintain a sales office in the Project, conduct project tours for the

benefit of prospective purchasers, or display marketing signs in the Project.

 f) The unit owner shall not bring, place or suspend any load, apparatus, equipment, article or thing into, upon or at any floor or ceiling or any part of the unit in exc es s or in violation of the maximum weight and

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the requirements imposed by the apparatus wi thin the unit, including t he use of support of such dimension and material to distribute the weight of such equipment and apparatus, as the Corporation may deem,

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