Nothing more than a representative:

On unit ownership and condo boards

- AMICUS CURIAE LARA SOPHIA R. ANDRADA

Does a person have to be a unit-owner in order to be qualified to serve as a member of the board of directors of a condominium corporation?

The answer was clarified in the recent case of Rodriguez v. Pastorfide (G.R. No. 256648, Feb. 24, 2025).

Republic Act No. 11232, or the Revised Corporation Code, is clear that directors of a corporation shall be elected from among the holders of stocks registered in the corporation's books (Sec. 22). Furthermore, Republic Act No. 4726 or the Condominium Act provides that one shall automatically cease to be a stockholder of a condominium corporation when they cease to own a unit in the project in which the condominium corporation owns or holds the common areas (Sec. 10). Rodriguez further discussed the qualification to serve as a member of the board of directors of a condominium corporation.

Aside from the requirements laid down under the Revised Corporation Code and the Condominium Act, the bylaws of Medical Plaza Makati Condominium Corp. (MPMCC) — which was the condominium corporation involved in Rodriguez — further provides that a person must be a member of MPMCC to be eligible for election as a director. Additionally, MPMCC’s bylaws provide that only registered owners of condominium units of Medical Plaza Makati Condominium (MPMC) may be considered members of the condominium corporation.