MASTER DEED

AND DECLARATION OF RESTRICTIONS

WIND RESIDENCES
LET EVERYONE

KNOW

OF

THAT:

This Master Deed and Declaration

on this 13th day of May 2010 by:

of Restrictions

(hereinafter

referred to as Master Deed, for brevity, whether the reference

is to an Enabling

Deed or the Declaration

of Restrictions

or both) executed at Pasay City

SM DEVELOPMENT
CORPORATlON,
a corporation duly organized and existing under and by virtue of the laws of the Philippines, with principal place of business and office at the 10th Floor One
E-com Center, Mall of Asia Complex, Pasay City, represented herein by its duly authorized representatives,
ROGELlO R. CABUNAG and SANDRO VICENTE P. JAVIER, hereinafter referred to as the
"DECLARANT",
unless otherwise specified,
Which Sets Forth That:
WHEREAS, the DECLARANT
or less, and covered by Transfer Certificate

is the registered owner of a parcel of land located at Tagaytay City with an area of SIXTY NINE THOUSAND
of Title No. T-67225 of the Registry of Deeds for Tagaytay City;

FOUR HUNDRED

SEVENTY

FIVE (69,475)

Square Meters, more

WHEREAS, the DECLARANT

is the owner of two (2) parcels of land both located in Tagaytay, and covered by Transfer Certificate
of Title No. T-34S50 with an area of EIGHTEEN THOUSAND
EIGHT
HUNDRED AND FORTY ONE (18,841) Square Meters, more or less, and the other covered by Transfer Certificate
of Title No, T-25247 with an area of flFTY EIGHT THOUSAND THREE HUNDRED SEVENTEEN
(58,317) Square Meters, more or less, both of the Registry of Deeds for Tagaytay City, by virtue of Deed of Absolute Sale (DOAS) entered into by and between the DECLARANT and SM INVESTMENTS
CORPORATION,
a corporatton duly organized and extsnng under and by virtue of the laws of the Philippines, With pnncipal office at the 10th Floor One E-com Center, Mall of Asia Complex, Pasay City, which DOAS is acknowledged on May
12h~~~~;before Atty. Atty. Josefina Wan-Remoilo, a Notary Public of'Pasay City, and entered in her Notarial Registry as Doc. No. 176, Page No. 37, Book No.9, Series of2010. A copy of the DOAS is attached hereto as Annex
WHER~AS, the DECLARANT
is the Developer of portions of the parcel of land described in Transfer Certificate/s of Title No/s. T-67225, T-34850 and T-25247 issued by the Registry of Deeds of Tagaytay City
(hereinafter ~ollect!vely referre.d to as the "Titles" and c.opy of the Titles is attached hereto as Annexes "B" through "B-2") with an area of THIRTY THOUSAND EIGHTY ONE (30,081) Square Meters, more or less (said
portions particularly described In the Technical Description hereto attached as Annex "C' and hereinafter referred to as the "Property"), and delineated in the Site Development Plans attached as Annex "D" hereof.
.
WHEREAS, the DECLARANT .desires to submit the Prol?e.rty mentioned in the third whereas clause, including the buildings and other improvements
Republic Act No. 4726, as amended, otherwise known as the Condominium Act, and Presidential Decree 957, as amended, to be known as ,VIND RESIDENCES,
(hereinafter referred to as the "Project") pursuant to the provisions of said Actls, to be known as WIND RESIDENCES;

constructed/to be constructed therein under the operation of

thereby constitutinu said property as a Condominium Project
e

WHEREAS, the DECLARANT desires to impose on the proposed Project thus constituted, mutually beneficial restrictions which shall constitute a lien upon the land, upon each Condominium Unit therein (hereinafter referred to as "unit"] and upon the Project as a whole pursuant to the provisions of Section 9 of the said Condominium Act, for the purpose of enhancing and perfecting the value; desirability and attractiveness of the Project;
and for the ownership and maintenance 0/ the common areas and facilities by forming a private corporation to which shall be delegated and assigned the powers and duties of maintaining and administering the common areas
and facilities, enforcing and administering this MASTER DEED, collecting and disbursing the assessments and charges created hereunder;
,
.NOW, THEREFORE,
for and. in consideration of the above premises, the DECLARANT
hereby submits the above Property and the improvements constructed/to be constructed therein to the condominium form
ot ownership and use, subject to the provtston of the Condominium Act and the conditions, covenants, terms, declaration and restrictions herein below set forth and other pertinent laws. The residential units, parking slots and
cOl.nmon areas comprising the said Project, except the commercial units and commercial areas, commercial parking slots, common areas specifically designated for the exclusive ~se of the commercia! unit owners or.commercial
umt occupants, arc held and shall be held, transferred, conveyed, sold, hypothecated, encumbered, mortgaged, used, leased, occupied, and improved subject to the covenants, conditions, and restrictions specified in this MASTER
DEED. All of said covenants, conditions, and restrictions shall run with the parcels of land, project, units, common areas, except the commercial areas and commercial units of the Project and common areas designated for the
exclusive l:Ise of the commercial unit owners/occupants,
and shall be binding as voluntary liens on all parties having or acquiring any right, title, or interest in the parcels of land, project, units, common areas, whether as sole
owners, joint owners, mortgagees, lessees, tenants, occupants, or otherwise.

PARTl
MASTER DEED

SECTION

I,
Name ofthe Project
The Project shall be known as the WIND RESIDENCES as constituted under this MASTER DEED and shall consist of the Property and all the improvements constructed / to be constructed therein.
The Name of the Project and the pertinent logo/design installed by the Developer in the building exterior or interior may not be changed and/or removed, save for maintenance and repair purposes, by the Declarant
or the Condominium Corporation or the Members.
SECTION

2,

Description

of the Project

parcels ofla~~ed~~~~i~~d\~~11r~I~~~~t~~~~i~coa~:/~eO~~rl~~~/~~1-~nj~~5~~~~~~~~!~d~~~2~~~~~~~~t~~~e~~~~
hereto as Annexes "8" through "B-2"), and said portions particularly described in the Technical Description
attached as Annex "D" hereof. A copy of the survey plan of the Property is attached as Annex E hereof.

POOl,

~-}~~e~~~PT~~~;t~yE~'~~~~~~i'I~;t~~rSc~~f:~t~:I~~~f~~~;~
~~ !~St~~;~'~:~II;s\.r~~d~~~;~ft~;ifI~~i~~~t~{I~~~
hereto attached as Annex "C" and hereinafter referred to as the "Property") delineated in the Site Development Plans

THOUSAN1hT~R~Ec~li~~~~x~g-EJ~~~31~1::I~~0~~:enstid~~ti~lt~~1t~~I~dS}cto~t~+~I(~O)0;~~~~~~~\al~7~?~~i~~d~1~~\~I~
JI~h~ea~~a~lt~~[~f~y~~e~u~bh~lDOSt;t~~~~5~5b6~{~~rki~~\~l~:;,
%~~e~~~g~aDt~~~ %1-fI~~
NINE (539) of which shall be residential parking slots and THIRTY (30) commercial parking slots. The amenities for the Project include the clubhouse, recreation area, garden/lawn, jogging path, lap pools, kiddie pools, adult
Gazebo.
The Table showing the distribution of units and parking slots among the different buildings/towers
in the Project is attached hereto as Annex F hereof.
The Project shall be developed by SM DEVELOPMENT
CORPORATION
("Developer"),
which is the same corporation as the DECLARANT.
The Project will be constructed in accordance with the plans and specifications prepared therefor by ASYA Design Partner, including such modifications as may be acceptable to the DECLARANT and approved by
the proper government authorities. A copy of the plans and specifications is attached hereto as Annex G-J to G-3.
describe theTtr~~~~~~dRt~~~urldt~;/~sat~&~~gfh~t~nj~~~fa:i~~~~
~~~~~~je~~~ls~l~h~d~~i~~~I)~~p~I~~~~~~1 :lJ~~~~:i~~~/~~~~t~Yrd~lt~J~FtF~;~;d~al~~~~;~;:~rlfi~~t{oCnosn~v~~~aAI~dti~~J :~~n~~1:d~~dPh~\~~agElc21R~~T~e~~
registered in accordance with Section 4 of the Condominium Act shall constitute an amendment to this MASTER DEED.
Further, the DECLARANT
reserves the right to develop the Project in Phases, with each Phase constituted on that portion of the Property as may be determined by the DECLARANT.
The DECLARANT shall have
the sole.and exclusive right to determine the schedule of development of each s~cceeding Phase, delineate the arcas corresponding t~ each Phase, the Building or Tower pertaining thereto, and decide on and approve the plans for

~~~~\h~

~~~ ~~~~l~f~~:~\a:~~~e ~~tidi~~ni~l~~~n~I~~:e~l:l~bj~~:~~~ ~~t~bt~i~ii~~nt~~ ~~;~~~~i!t~na~~r~~~i; f~~~ t~~a:~~~~~l~l~~:ee:;l~~~~~t~~I~lci:~.h

~~~o;l:ti~~ ~fc~~~~~l~~:hfo:~tl~~~~~ei~~~e~~
~~~C~hC~~!O~~~/~I~l~~INdi~~I~~
Tower thereof the DECLARANT shall amend and/or supplement this Master Deed with Declaration of Restrictions, without need for obtaining the consent of the Owners of the Units in the developed or completed Phase/so
Whenever applicable and appropriate, the term "unit" shall refer to the residential unit and/orthe residential parking slot. Further, whenever applicable and appropriate, the owners of the residential units and residential parking slots shall comply with the provisions, terms and conditions, limitations stated in 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

3.
Horizontally,
(a)
From
(b)
From
(c)
From

Description
of Units,
each unit shall consist of the area measured:
the exterior surface of the windows or masonry or shear wall to the exterior surface of the interior wall and/or door separating
the exterior surface of the windows or masonry or shear wall to tile centerline of the wall of the adjoining Unit, and/or
the centerline of the interior wall to the centerline of the wall of the adjoining Unit.

the unit from a common area,

or

The horizontal dimension of a unit with a balcony also includes the area measured (i) from the center line of the wall bordering the balcony of such Residential Unit to the center line of the wall separating the balcony
of such unit from the balcony of another unit; and/or (ii) from the external surface of the railing bordering the balcony of such unit.
Vertically, each unit shall consist of the area measured from the top of the concrete floor slab to the underside of the concrete slab up to the point of intersection with the horizontal boundaries of the unit.
In computing and measuring the area of the unit, the area or space occupied by the masonry or shear wall, interior partitions, chases, columns and/or other structural elements are included. However, such shear walls,
columns or structural elements shall remain part of the common area.
SECTION

4,
Parking Slots
Only unit owners are entitled to purchase a parking slot at the Project. Corollary, a unit owner who will sell his unit must likewise sell his parking slot.
in entering ~~hl~f~r~~I~t~IP~~jSehc~l~~~lllb~dr~~~i~~e~b~i~hge
bECLAR't~+~s.
The kind, make or number of vehicles which may be allowed in the parking slots ~t anyone

.
time and traffic patterns to be observed.bY the unrt owners

The parking slots on the [ower ground floor shall be for the exclusive LIseof the owners and occupants of the residential units, The commercial umt owners and commercial unit occupants shall enjoy perpetual easement over parking slots designated for commercial use.
. .
The use of the parking slots for any other purpose is expressly and absolutely prohibited. Whenever applicable, the provisions of Section 18 (Limitation on the Use of Units and Common Areas) and other provIsions
of this Master Deed shall apply to the parking slot.
SECTION

5.
The Common Areas.
The Common Areas shall mean and refer to the Property, casements, rights and privileges appurtenant to the Property, and all structures, facilities and improvements constructed or to be constructed or installed
therein, and located within the Property and intended to be devoted to the use and enjoyment of one, some or all of the unit owners. The DECLARANT may, at its discretion, classify the ~ommon Are~s as General Common
Areas, which are areas intended for the common use or benefit of all unit owners in the Project, whether residential unit owners or commercial unit owners, and are necessary and convenient to the existence, maintenance or
safety of the Project, and Limited Common Areas, which are intended for the exclusive use or benefit of only one unit, or some similarly situated units or owners, to the exclusion of all other units or owners.
A. General
(I)
(2)
(3)

Common Areas which are intended for the use or benefit of all condominium units in the Project are the following:
the land encompassed within the Project, including its perimeter walls;
sewage treatment plant;
.
all installations for utility services such as telephone lines, sewerage, drainage and waterlines including all outlets, pipes, ducts, wires cables, and conduits,
are utilized for or serve the entire Project, except those found within the building.

....
fire alarm used

In

connection

therewith

which

B. The Limited Common Areas in the Project are the following:

(I)
Limited Common Areas which are intended for the use and benefit of all units of each building, whether residential unit or commercial unit, ("Building Limited Common Areas") arc the following:
(a) all bearing walls, foundations, roofs, floors, columns, girders, beams, SUpp011S,slabs, and all other similar structural elements of the building shared by two or more Units.
(b) all installations for utility services such as telephone lines, sewerage, drainage and waterlines including all outlets, pipes, ducts, wires cables, and conduits, fire alarm used in c~)l1nection therewith,
and other parts of the land and the building and and all common utility spaces and areas their equipment therein destined for common use or necessary and convenient for thc existence, mamtenance
or safely of the entire building/tower
(c)
main electrical room; and
(d) garbage room.
(2)

The Limited Common Areas of each building and/or the Project which are located in the residential portions of the Building and/or Project and intended for the exclusive use and benefit of residential
units and its owners and occupants. (t'Residential Limited Common Areas") are the following:
(a)
Lobbies in the residential portion of each building/tower;
(b) all surfaces of the units facing the exterior as well as the interior common areas in the residenria] portions of each. building /tower;
,
(c) am-enities, which include the clubhouse, recreation area, garden/lawn, jogging path, lap pools, kiddie pools, adult pool, ~a.zebo;..
...
.
(d) all hallways, stairways, corridors, walkways, third and fourth level driveways and installations for all conveniences ~r utility servI~es III the residential P9rtt~n of each bUlld.ingltower;.
.
(e)
all installations for utility services such as telephone lines, sewerage, drainage and waterlines including all outlets, pipes. ducts, \vlr(;~ cabl.es, a~d conduits, fire alarf!1.used 111 connccnon th~r~wlth,
whether located in the common areas andlor limited common areas or in the units which are utilized for or serve more than one (l) residential unit and all common utility spaces and areas within the
residential portions of each building/tower;
.
.
.
.,...,
(f) the other parts of the land and the building and their equipment therein destined for common use or necessary and converuent for the existence, mamtenance or safety ot the residential portion of the
building and Project as well as the residential unit owners;
(g) toilets located at [ower ground floor in the residential portion of each building/tower;
(h) garden Ilawn in the residential portion of the Project and/or each building; and
(i)
road network, except the portions designated for the use and benefit of the commercial units and commercial areas.

(3)

The Limited Common Areas of each building andlor the Project which are located in the commercial portions of the Building and/or Project and intended for the exclusive use and benefit of commercial
units and its owners and occupants, and the DECLARANT as developer of the Project, ("Commercial
Limited Common Areas") are the following:
(a)
area/space in each bu51ding!tower andlo.r Project occupie~ by .the air-conditioning
system for the commercial umts;
. .
(b) all surfaces of the uruts facmg the extenor as well as the mtcnor common areas In .the commercial portions of each building/tower;
(c)
landscaping areas located at the upper ground floor which are within the commercial area/s;
(d) toilets located at upper ground floor which are within the commercial portion of each building;
(e) roof deck area excluding those areas utilized for access and utilities;
(f)
parking slots outside the building fronting the commercial units;
(g) courtyard between the buildings;
(h) promenade withseating
are~s and gazebo;.
..
.
. .
..
..
. .
.
(i)
all hallways, stairways, corridors, walkways, driveways, and installations for all conveniences and or utility servlce.s 111t~e commercial portll?n of the bUlI.dll1g/tower. It IS und.ersto?d th~t though
the hallway in the commercial portion of the building/tower
is a limited co~nmon area for the benefit of the commercial U~l1tSto allow and provide commercial advantagevthe residential unit owners
and occupants may be allowed to utilize said areas for ingress and egress mto the residential portion 01 the building subject to such reasonable rules and regulations which may be Imposed by the
DECLARANT and Developer to ensure safety and security of the Project.
.
...
CD all installations for utility services such as telephone lines, sewe~age, drainage and waterlines including all outlets, pipes, ducts, wires. cables, and CO~dL.l1tS,fire alarm used m connecuon therewith,
which are utilized for or serve more than one commercial (I) unu and all common utility spaces and areas within the com~erclal POrtl0!lS of each ~ulldmgltower; and
..,
(k) the other parts of the land and the building and their equipment therein destined for common use or necessary and convenient for the existence. matntenancc or safety of the commercial portions ot
the Project and lor each building/tower.

SECTION

6.
The Commercial
Units/Areas
The commercialunits/areas
of the Project shall pertain to Forty (40) units on the Upper Ground Floor of the buildings/towers
orthe ~rojc~t. The commercial units/areas, commercial unit owners and occupants and
commercial parking slots ar-e not subj~c~ to this MASTE~ DEEp. The DECLARAN~
as the developerof theProject and 9",,:ner ofthc Commercial units/areas and commercial parkingslots shall h?ve and r.eserves the exclusive
right and authority tp manage and administer the commercial units/areas and commercial parkmg slots, .1I1~ludIlW'but not limited to, the right to designate a third party to manage or administer said commercia! areas, commercia!
Units and commercial parking slots and the nght to adopt, formulate, Implement or Impose such rcstncuons, limitations, rules and regulations regarding the enjoyment, use and occupancy thereof, even after turn-over of the
Project to the.Condominium
Corporation.
SECTION .Jile DECL~~hA~T~~~i/o~~~nJ~~~:~i~~~he
condominium corporation (the "Corporation")
in consideration of this MASTER DEED, pursuant 10 the provisions of the Condominium Act and the Corporation Code
of the Philippines (RP. BI~. 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 converuent to the accomphshment of sai~~i~it~~l~~ oraanization of the Corporation, the DECLARANT shall exercise all powers of the Corporation. Unless otherwise provided herein or in the Articles of Incorporation, By Laws and other pertinent documents, after 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 The Corporation, which shall hold title to the common areas in consideration of this MASTER DEED and other applicable laws, shallconstitute
the management body of the Project. The Corporation. through its
Board of Trustees, shall manage, control, supervise and oversee the operation of the Project. It shall have all the powers granted to It by the Corporation Code, Condominium Act, those expressed in the Articles of Incorporation,
its By-Laws and its plan of op~ration and such applicable power or authority as. defined In this M!\~TER DE~p.
..
..
,
Corollary to such power and authority IS the power to enforce the said applicable provisions, conditions, rules and regulations and, ifnecessary, to compel compliance therewith tor. the common benefit. The Corporation may impose fines and penalties for non-compliance
andlor violation of said provisions without prejudice to those fines and/or 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 makeyrofit or gain advantage to .any or all of the members of the Corporation. The Corporation
may engage managerial, legal, auditing, accounting and other professional and technical services or cmplov such personnel and others 111the manner provided for 111 Its By-Laws.