Request for Ocular Inspection of SMDC Deliverables
magie - Friday, Jul 26, 2013, 1:45 AM
The HLURB monitoring team composed of Ariston Romel Lariosa and Fina Panes arrived a day earlier than scheduled for the ocular inspection of SMDC's promised amenities and facilities. We received an SMS around 11:15am from HLURB saying that they were already at the lobby to meet with us. SMDC's representatives Michelle Vibar and Arturo Flores Jr. were with them. Present during the meeting were Yolanda Ong, Chit Bernardino, Engels Antonio and myself.
Initially, Engr. Lariosa told us that our letter of request was vague. He said that it did not mention the particular deliverables that we were complaining about. We asked him if he needed another letter of request to continue with the ocular inspection, but he said that he can make do with what we have already provided.
These are his replies to each of the points raised based on our letter:
1. Disappearance of the swimming pool
HLURB presented the Grass Residences site development plan submitted by SMDC last 2007. It clearly shows five swimming pools. The only alerations were the actual locations of the two kiddie pools which were originally planned to be set beside the infinity pool but are now situated beside the clubhouse. We questioned the missing pools and mentioned that these were stated in the Master Deed that each unit owner signed. He said that it is possible that SMDC may have submitted an "altered plan" hence the missing pools. We requested for the said document but Engr. Lariosa said that they probably left it at their office.
2. Free Parking
Engr. Lariosa said that if free parking is not stated in the Master Deed then SMDC is not obliged to deliver it. We mentioned that this was the promise of SMDC's sales agents when they were still selling/marketing our units to us. He said "mahirap pag verbal, walang panghahawakan".
3. Shower Area and dressing room near the pool
Again, he said that if it is not stated in the Master Deed, SMDC is not liable for non-delivery.
4. Turn over of commercial area slots
We mentioned that the commercial units at the parking building ground floors are still not available for lease/purchase by residential unit owners who are supposed to have right of first refusal. We pointed out that theses areas were being used by SMDC as stock rooms for the furnishings of Tower 3 units. He said that it is SMDC's discretion when and to whom they will make these commercial units available.
He said that as long as SMDC is not yet fully done with the construction of all Grass Residences units, they are not obliged to turn the clubhouse over. While we cannot use the clubhouse for free, he said that there must at least be a special discount for unit owners for the use of the clubhouse facilities.
Engr. Lariosa took pictures of the bridgeway. I pointed out the rusts on the steel stairs and the broken floor tiles. I mentioned that we were apprehensive about using the steel stairs for fear of possible collapse, but he said that it is still ok for use. He mentioned that SMDC will be the one to repair these defects since there are still un-turned-over units.
Within 5 days after the said ocular inspection, the HLURB monitoring team will submit their findings to their office and coordinate with SMDC. They will then schedule a conciliation meeting at the HLURB legal department between the complainants and the developer. Should there be no compromise after the said meeting, it is our discretion if we will elevate this case to a higher authority/governing body.
Since they were CC'd with the increase in condominium dues, we were advised to talk to HOA regarding that matter.
During the course of the inspection, both SMDC representatives were relatively quiet. They did not need to defend nor present SMDC's side.
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